2010 May Archive

It just doesn’t look good for Johnson and Johnson and its subsidiary, McNeil Healthcare. Thursday afternoon, May 27, a House Committee on Oversight and Government Reform concluded that the Food and Drug Administration needs mandatory recall powers after a report found a series of secret maneuvers on the part of the company and a failure to notify regulators when the company received adverse reports. A document surfaced that shows when a problem was learned about Motrin in 2008, a subcontractor was called in to purchase Motrin from store shelves to determine whether a recall was needed. But the employees were told, “THERE MUST BE NO MENTION OF THIS BEING A RECALL OF THE PRODUCT” in the (note by the contractor). And this was just a “phantom recall.” Motrin was not formally recalled until July 2009.

The FDA is considering criminal penalties after four recalls in eight months by J & J. Appearing on behalf of the company, Colleen Goggins, insists that no children have been harmed by the latest production problems found at a Pennsylvania plant, including bacterial contamination, filthy conditions, and inconsistent formulations leaving some liquid medications “super potent.” That plant has been shut and so has production of about 70% of children’s cold and allergy medications including Tylenol, l, Motrin, Benadryl and Zyrtec. Six key quality control personnel have been changed and by July 15th, she promises the company will have a “master plan” in place to clean up all of the problems with production and product.

A number of lawmakers concluded that the FDA needs mandatory recall capability and they will work to introduce such legislation. Joshua Sharfstein, the deputy commissioner of the agency says they also need access to records in a timely manner. Otherwise it’s the tail wagging the dog and the FDA must follow the lead of pharmaceutical and medical device makers who get to decide when and if a recall takes place. If you or a family member has been harmed by a defective medication, you need to contact the manufacturer as well as the pharmacy that sold it to you. And a Florida drug injury attorney can advise you of the rights you retain. In the meantime, follow the advice of the FDA and ditch the J & J and McNeil brand and purchase generics.

The widow of a smoker who died after almost 70 years of smoking was awarded $29.1 million by a Fort Lauderdale jury on Thursday, May 20. Based on a San Francisco Chronicle article, Connie Buonomo sued on behalf of her late husband, Matthew, who died of chronic obstructive pulmonary disease in 2008. He was 80-years-old and had smoked since he was 13, unable to break the addiction.

The unanimous jury verdict includes $25 million in punitive damages and just over $4 million in compensatory damages. The jurors found the R. J. Reynolds was 77.5% responsible for Buonomo’s illness and death and that he shared the remaining responsibility. Ever since the Engle class action lawsuit was decertified in Florida in 2006, individual cases have gone forward to trial and Florida tobacco attorneys continue to keep up to date on the latest news regarding these cases. To date, Big Tobacco has won three cases and lost 16.

The tobacco companies say that the findings of the Engle case - that tobacco companies sold defective products, that they concealed the dangers of smoking, and acted negligently - should not be allowed to stand untested in every case that goes forward. R. J. Reynolds is fighting the findings from the 2000 Engle trial, named for a doctor who headed the class. The company claims that to allow the original findings in each case, deprives them of a fair trial. The judge in this Fort Lauderdale case, Florida Circuit Judge Jeffrey E. Streitfeld, is the same judge who presided over the Naugle case, which ended in a $300 million award to Cindy Naugle, an ex-smoker with emphysema and the biggest post-Engle verdict to date.

Almost everyone would agree that the brave men and women who went in to try and rescue Americans hurt in New York City after the 9/11 attacks on our country are heroes. Many are now suffering the effects of breathing in the miniscule dust which carried toxins and asbestos. To help them, Congress is considering a September 11 Compensation and Health Act, estimated to be about $11 billion over the next 30 years.

On Tuesday, May 25, Republicans in Congress argued that the worker’s compensation plan amounts to an “entitlement program” similar to Medicare. The bill is attempting to establish a permanent fund to care for first responders who are ailing, Republican members of the House Energy and Commerce Committee said funding the program would put the nation’s finances at risk and they argued that first responders are already cared for under a $150 million President Obama requested for the year. Those members of the GOP want the first responders to appear before Congress every year to make their case, fearing some people are undeserving.

Rep. Phil Gingrey, R-GA argues that New York is trying to dump its responsibility for caring for victims on the federal government. Nice language for a man who has free health care for life as do all members of Congress.

“Our support for them (responders) should not be a vehicle for cost-shifting,” he said, pointing to the lengthy approval process of the workers’ compensation system that generally helps people injured on the job reports the New York Daily News.

Others debate it is Congress’ obligation to help people who answered the call to others when needed on September 11, 2001 and it is difficult if not impossible for some people to make it before Congress to make their case every year. Unlike Medicare, this health fund would cover a shrinking pool of individuals as they expire every year.

“They always say they support us, but it’s all about cost,” said Jim Slevin, the vice president of the Uniformed Firefighters Association.

Triclosan is an antibacterial and antifungal that is found in almost everything. Kids toys, sheets, toothpaste, kitchenware, deodorant, cosmetics, dishwashing liquid, anywhere that germs lie, and that is just about anywhere. It’s estimated up to 80% of hand soaps contain a microbial.

But for years, environmental watchdog groups have been warning that triclosan goes down the drain and has the potential to kill good bacteria and increase antibiotic resistance and mess with hormones.

Now a new study finds triclosan is turning up in lakes and streams, according to a Discovery News article. It’s been found in human bodies and a decade ago, the U.S. Geological Survey found it in 58% of 139 streams sampled.

The journal, Environmental Science and Technology in a published report, blames triclosan for four types of dioxin found in a Minnesota lake. Dioxins are one of the most potent toxins around linked to cancers. Like the 80,000 chemicals that have been introduced into our environment, the FDA and EPA assumes it is not harmful to humans. Innocent until proven guilty. But by then, it’s released and it’s too late.

The European Union has banned triclosan and environmental watchdog groups along with Rep. Edward Markey of Massachusetts are urging the EPA and FDA to ban it from consumer products. Take a look at the label before you buy. Just say no to the triclosan and be safe rather than sorry.

The federal government is issuing a warning about public pools this summer. About 314 million visit pools in the summer months and in a Centers for Disease Control and Prevention (CDC) weekly report, CDC researchers find that one out of every eight pools inspected in 13 states two years ago had to be closed for serious code violations.

The violations included improper pH levels and disinfectant which can cause norovirus, Shingella and gastroenteritis. It should come as no surprise that child care facility pools had the highest number of closings at 17.2%. Bacterial contamination came from dirty diapers, poor hygiene, and people swimming who are ill or fail to rinse their bodies before getting into the pool.

Hotel and motels had closures at 5.3% and apartment/condo pools at 12.4%.

CDC has some safety tips among them – don’t swim if you have diarrhea and don’t drink pool water. Shower with soap before entering the pool or using the bathroom or changing diapers. Check diapers often. Wash your children thoroughly including wiping their bottoms with soap and water before they go swimming.

As for what you can do on your own – you can use a test strip to test the pool water quality on your own. Check the latest pool inspection results and know the pH levels and chlorine levels from the latest test. The pH measures the relative acidity or alkalinity of the pool water. pH is measured on a scale of 1 to 14 where 1 is extremely acidic and 14 is extremely alkaline. A pH reading of 7.0 is neutral - below 7.0 is acidic - above 7.0 is alkaline.

It sounded like a win-win. Kids can fight the obesity battle with the help of schools not offering them sugar –ladened drinks. Who could argue with that? Certainly not First Lady Michelle Obama, who has made childhood obesity her targeted campaign.

Who could object?

How about the dairy and beverage industry for one? Florida educators came up with a plan to remove sodas and chocolate milk and Gatorade from Florida public schools. Instead schools would offer water, pure juice and white low-fat milk.

But educators backed off of the plan on Tuesday when the Florida Board of Education tabled the proposal. Board member John Padget accused the board of caving in to industry interests. Representatives of the soft-drink industry and dairy addressed the board at its Tuesday meeting and argued there was no reason to impose the policy pointing to improvements underway to the federal child-nutrition guidelines.

“The vested interests all showed up,” said Padget, a former schools superintendent in Monroe County. “I congratulate the [state Department of Education] for coming up with a very far-reaching, groundbreaking proposal. I’m disappointed we couldn’t get more support at this juncture,” reports the Orlando Sentinel.
Kids have an alarming rate of obesity in the U.S. and processed foods and sugary drinks are part of the problem. Besides obesity, there’s been a rapid increase in Type2 diabetes in both children and adults. Believe it or not, school districts took exception with Padget’s plan because they feared losing chocolate milk. Some figure chocolate or vanilla milk at least gets kids drinking milk.

The woman who oversees Osceola County’s food service says losing flavored milk would be “devastating,” which is a really good word for the long-term health consequences of obesity and Type-2 diabetes. It’s done elsewhere with success.

The Orlando Sentinel reports that Head Start in Connecticut serves white milk, non-flavored, to kids who happily drink it. And the Boulder Valley, Colorado school district has given chocolate, vanilla and strawberry milk the boot. I love what she says in the article, which perfectly points out the role of parents. “Everybody says it’s going to be a big deal,” she said. “But if the kids wanted to drink scotch, would we let them? When do the kids get to decide?”

Thank you!

And thank you Mr. Padget! Are you listening Florida?

Crude oil circulating in the Gulf of Mexico from an explosion last month has entered the Loop Current that runs counterclockwise around the tip of Florida. The word comes from the European Space Agency that looks at the earth from space via ESA satellites, according to a report. This is the first visible proof that oil has reached the current.

There was hope Florida might be spared, but entry into the Loop means the oil is likely to reach our shores within six days. The Loop waters are warm and intense and will force the mixing of oil and water. The fear is that it will remove the oil from the surface and make it more difficult to see from space. The Loop Current enters the Gulf Stream, which is the most important ocean current system in the northern hemisphere. That has everyone fearing that the crude oil in Florida could end up traveling up the East Coast. No one really knows what will happen in this unprecedented environmental disaster caused by U.S. consumer’s reliance on crude oil and the greedy companies that pushed the limits of their capacity to try and deliver it.

Ironically, BP had executives on the deck of the BP-leased Deepwater Horizon off-shore oil rig on the day that it exploded April 22 killing 11 workers. They were there to sign off on a job well done with no casualties after seven years in operation. Instead 210,000 barrels of crude continue to spew in the Gulf every day as the company still has not figured out how to reverse the mess and retrieve the crude. With nothing certain here, some experts say the rate flow cold be far in excess of what BP says and at ten times that much. Florida oil spill attorneys will continue to monitor the latest updates regarding clean-up of the spill as well as providing potential solutions to economic loss and damage.

The Mississippi Bar Disaster Legal Information Guide has some good advice if you have been impacted by the Gulf oil spill. This could include business owners, hotel and restaurant owners, fishermen, and excursion operators, among others.

First, be sure any person who contacts you tells you and shows you who they are and who they work for. Ask for verification. It’s important to weed out those people who may have a strictly financial interest in you. The guide says, “Do not assume any individual is looking out for your best interest.”

The guide tells people that lawyers or someone representing a lawyer, may try to sign you up as a client, or an insurance company may try to settle your claim and they may ask you to sign something. This document could affect your legal rights! Please be very careful about saying anything or signing anything that may affect your legal rights, especially someone whose advice you have not sought. A red flag should go up if someone says they can promise you a payment of a given sum of money.

From an ethical standpoint, it is improper for a lawyer or their representative to contact you directly, in-person, by telephone or e-mail. The guide suggests if you had a lawyer who previously represented you in an accident, such as a car crash, or a Florida personal injury attorney, contact him or her immediately for advice. At least you already have a relationship with that person. Or check the Florida Bar Association for a member of the Bar in your area.

Remember, a lawyer licensed to practice in Mississippi, for example, cannot practice law in Florida, unless he or she is licensed to do so. Make sure they are licensed to practice law in the state where you have suffered your damages. Not only do they have access to the courts there but that person should understand the laws of your state.

AAA, the motorist organization, has flipped its position on the use of red-light cameras at intersections. AAA Auto Club South is lobbying Gov. Charlie Crist to veto the red-light cameras at intersections as the latest way to enforce traffic rules. Gov. Crist supports the bill and has until Saturday to decide what to do. Based on an Orlando Sentinel report, the cameras are installed at intersections to stop red-light running after the signal changes red. An officer reviews and confirms the violation and makes sure the license tag is legible and then mails the vehicle offender a ticket for $125 and $250 for any subsequent violations.

AAA, in a nine-page letter to Crist, said that that the fine would go to the state’s general operating budget, while $13 would go to emergency rooms and the rest to cities and counties. The group also complains that the notice to speeding motorists could take up to 90 days.

AAA says the problem might be better addressed by adjusting the traffic signals. There are no studies regarding which intersections would have the red light cameras and early indications are that the cameras can actually cause more accidents when the motorist ahead stops suddenly and is rear-ended. An experienced car crash lawyer in Jacksonville can be your best ally if you find yourself in that situation. Only a skilled attorney and investigator can look into the facts to find the at-fault driver and assess liability.

About 30 Florida cities already have cameras in place, including Orlando, which installed about a dozen red-light cameras at five intersections. If the governor signs the bill, it will take effect July 1 and with fines around $125 should bring in about $29 million in revenue from fines in the coming year. By the year 2014, state revenue could jump to about $95 million by 2014 and local governments could receive about $66 million by 2014.

Jury selection is set to begin Monday, May 17th in the felony manslaughter trial of Diane Katz Santarelli of St. John, Florida. The St. Augustine Record reports that she faces two counts of manslaughter for the deaths of two teens who died in a fiery car collision in Florida after leaving a drinking party at her house in January 2009. Santarelli, 52, and a mother, is facing second-degree felony charges, punishable up to 15 years in prison.

This is the first time someone has been charged in Florida with manslaughter for holding a house party with underage teens who later died. A grand jury indicted Santarelli on seven counts of holding teen parties over a period of four months. Santarelli, is also facing a second-degree misdemeanor for holding an open house party and contributing to the delinquency of a minor, which is a first-degree misdemeanor.

On January 11, 2009, Jesse Calvin Pitts, 18 had fallen asleep at the Santarelli home after he had been drinking. His friend Taylor Rae Brennan, 17, asked for a ride home, but three miles down the road he crashes his 1991 Ford Thunderbird off State Road 13 near Orangedale, hit a guardrail, then some trees. Both teens died. Pitts’ blood alcohol level was more than twice over the legal intoxication level (0.08) at .18.

Santarelli’s attorney says this is the first time these charges have been filed in Florida because there is no precedent to stop someone from leaving if they have been drinking. State law calls “hosting parties” in which children obtain alcohol, a second-degree misdemeanor.

This year, the Florida Legislature tried to pass a bill that would toughen the law on hosting house parties for underage drinkers, but time ran out. So for Santarelli and other parents, promoting what became a “chain of events” that “allowed” or “encouraged” the teens to drink alcohol and smoke marijuana, is the basis of the charge. While it’s emotionally charged, the law is not there to support the charge. Not yet. If your child has been injured in a car accident, whether following a private party or not, a St. Augustine personal injury attorney can help you sort out the facts of the case in order to determine liability of the at-fault party.