May 1, 2008

WHERE'S THE SAFE BEEF THESE DAYS, NOT IN THE RESTAURANTS YOU GO TO.

Orange County is known for top quality restaurants and award winning schools, but in recent weeks, restaurants and schools on the food distribution list of Chino-based Hallmark -Westland Meat Company are scrambling to distance themselves from the largest beef recall in U.S. history.

Last month, an explosive undercover video showed sick animals shoveled by forklifts, crippled cattle being prodded and other cruel acts. A Westland employee, working undercover for the Humane Society shot the video to expose the inhumane treatment of animals going to the slaughterhouse, but now it has opened up scrutiny to just how did this award-wining slaughterhouse, under the watchful eye of two federals agencies, succumb to probable bankruptcy and the largest recall in history.

After purchasing Hallmark meat Company in 2000, Steven Mendell wasted no time in turning the slaughterhouse into a state-of-the-art facility. The goal was to acquire one the federal government most lucrative accounts-The National School Lunch Program. Mendell invested millions in upgrades; stainless steel equipment, new floor and ceilings, and soon it became a top beef processor. In 2004, Mendell was named “Supplier of the year” for the program. Even though the company had minor violations, the firm always said that the workers involved had been retrained and all animals were being treated humanely.

Ironically, if it wasn’t for an undercover, Humane Society inspector, none of these problems would be known today. The main problem within the slaughterhouse is the killing of sick cows or “downer” cows-cows that can’t stand alone. Sick cows pose a risk of spreading mad cow disease, salmonella or E. coli and the USDA, United States Department of Agriculture, has banned their meat from entering the food supply.

Mad Cow Disease or BSE, bovine spongiform encephalopathy is a rare condition that affects people that have eaten beef from diseased cows. Although very rare, if humans eat this poisoned beef they can contract a serious and always fatal disease, Creutzfeldt-Jakob disease (CJD). The huge problem with this disease is that no one knows how long the incubation period is. However, most experts agree that it takes years, if not decades to actual get the disease from the time you initially eat the contaminated food. This makes possible personal injury correlation from contaminated beef consumption almost impossible.

On average, around 250-300 cases of CJD are reported in the United States. Recently a Kansas man died of CJD after working in a meat packing plant for over 20 years.
The Department of Agriculture’s set of rules is to have veterinarian inspect any cow that can’t walk to the slaughterhouse on its own. If they can’t stand, for obvious reasons, they are not supposed to go into the food supply. It is always the veterinarian’s call as to the health of the cow. In the Westland case, the Food and Safety Inspection service determined “the food was unfit for human food due to the cattle not receiving proper inspection”. Know your rights when you have been a victim of defective products.

Unfortunately, most of the meat in questioned has been eaten. Currently 21 of the 28 Orange County School Districts have been affected. Visit www.fns.usda.gov for a complete list of schools affected. Along with schools, numerous restaurants, hospitals, and retail outlets have been involved. The whole incident is such a tragedy for the public in general. We depend on government inspectors to do their job, but as in so many cases, they are overworked, underpaid, and the innocent consumer gets the raw deal.

January 11, 2008

CALIFORNIA PLAYGROUND INJURIES SOAR HIGHER

Here in Orange County, California we experience balmy temperatures even in the middle of January—the envy of the rest of the country. Weekends are filled with sailing, beachcombing and if you have kids, the playground. However, many public play areas for children are potentially dangerous and parents must be aware of deficiencies.

Each year over 200,000 children are treated in hospital emergency rooms for playground equipment related injuries. About 75% are from public playground s and the other ¼ are from home playground equipment. Also, about 15 children die each year, primarily due to falls. By far, this is number one injury with playgrounds. Even though protective surface materials are available, not all parks and schools can afford or know about the various types of materials.
In California each year, approximately 1, 000 children are hospitalized due to playground injuries.

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December 27, 2007

CALIFORNIA IS RATED HIGHEST FOR SPEEDING, PERSONAL INJURIES AND FATALITIES

California is number one for a lot of things; entrepreneurs, great quality of life and diverse beauty, but highest speeding related fatalities? Yes, it’s not something to be proud about. According to the National Highway Traffic Safety administration (NHTSA), California ranks number one in speeding accidents in both interstate and non-interstate roadways. Moreover, the period between Thanksgiving to Christmas has the highest accident rate, and is a California personal injury lawyers busiest time as well. One reason is that many Californians are taking long road trips to visit family and enjoy winter vacations.

By far, traffic is a spoiler of many long trips; unexpected detours, traffic congestion, and accidents. Wouldn’t it be nice to have traffic alerts come directly to your computer, cell phone or other handheld devices? Well, now a company provides online solutions to your traffic problems. Traffic.com will help Christmas travelers get to their destinations faster by knowing the best time to leave and the best route to take. Knowing the best route can save both time and fuel, and with todays fuel costs, this can save you lots of money.

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December 19, 2007

TRAINS IN CAUSE MORE PERSONAL INJURY IN CALIFORNIA THAN IN OTHER STATES

Rose Tani was a 90 year old woman who had survived internment in a World War II camp and had 5 children. Unfortunately, she was a little too impatient on December 19th, 2007 and drove around a school bus and a railroad crossing with its gates down. She was killed instantly by the impact of the crash. Her story was in the news primarily because her son, Daniel Tani is a NASA astronaut who is presently living on the space station, but the story also highlights the increasing number of car accidents involving railway crossings.

Statistics show that California ranks second in highway-rail fatalities and is third in total collisions. Last year in 2006, 36 people were killed in California—a 63% increase over the year before. In terms of fatalities among railroad employees, though, these injury rates are down significantly due to less human error, the leading cause of train accidents. If you have been injured in a train-related accident or know someone who has, don’t hesitate to contact a professional personal injury attorney for further consultation of your rights.

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December 10, 2007

DRUNK DRIVING KILLS OR CAUSES PERSONAL INJURY IN MORE WAYS THAN YOU CAN IMAGINE

Every 31 minutes someone is killed in an alcohol-related accident. In fact Americans who drink and drive after holiday parties and celebrations make the period between Thanksgiving and New Year’s one of the year’s most deadly and dangerous seasons due to alcohol-related crashes. This is a main reason why since 1981, every President of the United States has demonstrated his commitment to preventing impaired driving by proclaiming December as National Drunk and Drugged Driving Prevention Month.

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December 6, 2007

TAINTED BEEF CAN AND DOES CAUSE SIGNIFICANT PERSONAL INJURY IN CALIFORNIA

American Foods Group announced a recall of 96,000 pounds of ground beef. This announcement is all too familiar here in the US this year. Earlier this fall the company, Topps recalled over 21 million pounds of beef that ultimately made several people ill. The cause of these recalls is that these foods are contaminated with the bacteria E. coli 0157: H7 or Escherichia coli.

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December 3, 2007

TWO QUADRIPLEGIC WOMEN OBTAIN HIGH SETTLEMENTS WHICH LIKELY WILL NOT BE ENOUGH

In one of the largest personal injury settlements in Orange County history, the city of Dana Point has settled with the families of Stacy Neria and Carol Daniel. These two women were paralyzed after this tragic accident and are facing a lifetime of suffering and medical bills. The city settled the day before it was scheduled to go to trial.

The two women were jogging on April 8, 2006 with two other friends when a transient, William Todd Bradshaw hit them from behind as he attempted to pass another driver on the right. Bradshaw, who fled the scene, was on probation at the time for three DUI offenses. He was arrested several days later; was convicted and sentenced to four years in prison.

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November 28, 2007

PREVENT THE #1 CHILD PERSONAL INJURY AND DEATH CAUSE IN AUTO ACCIDENTS

The national average for seat belt usage is at an all time high-82 percent. In the Western states it is even better at 93%, but even as the fatality rate decreases as seat belt use increases, there are still too many avoidable fatalities due to restraint use in America. Even though all 50 states have some sort of restraint law for children, it is still the number one killer of children under 14.

Click it or Ticket (CIOT) is the most successful seat belt enforcement campaign to date. It is the major factor in the decrease of both accidents and fatalities in children and adults. However, while 96% of parents and caregivers believe that their child’s safety seat is installed correctly, in realty research shows that seven out of 10 children are not buckled up right.

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November 15, 2007

AVOID PERSONAL INJURY BY KNOWING WHICH TOYS ARE UNSAFE

With the start of the holiday shopping season next week and with over 80% of the toys made in China, what is a parent to do? There has been 60 individual toy recalls this year—that is double the amount of recall alerts the Consumer Product Safety Commission issued in 2006. The recalls all fall into three categories: lead content, hazardous chemicals and detachable magnets.

The latest recall came just last week; children from several states were sickened by the Chinese-made toy “Spin Master Aqua Dots”. There is now a massive recall of over 4.2 million of these items in this country alone, but it is distributed in 40 countries worldwide.

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October 1, 2007

AVOID PERSONAL INJURY FROM PRESCRIPTION ERRORS WITH THESE STEPS

Prescription medicines unquestionably help people on a daily basis. However, in California alone, 150,000 injuries have resulted from misunderstood prescriptions; either by the doctor prescribing or the pharmacist reading the instructions. More than 1.5 million Americans have been injured each year by medication mistakes and 7,000 people have died. E-prescribing is one area of healthcare reform that can save the taxpayers money and prevent needless injuries to patients.

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October 1, 2007

BEWARE: CHILDREN WEARING CROCS CAN SUFFERING INJURY

When your kids are telling you that they want “crocs”, it isn’t a new pet crocodile they would like, but a colorful, somewhat ugly plastic shoe. (The shoe actually gets its name due to the shoe profile that looks like a crocodile’s snout). Since 2002, the company, Crocs, Inc has sold more than 50 million of these must-have shoes to kids and adults alike. However, some of the shoes best features, flexibility and grip, have caused several escalator injuries both here in the US and around the world. These types of claims can typically be categorized as a product liability claim. For more information on these types of claims see our section link above,


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September 11, 2007

DEFECTIVE TOYS RECALL IN CALIFORNIA

Mattel, the world’s largest toymaker, has just announced its third major recall in less than 5 weeks. Over 2.8 million various Chinese-made toys have been recalled due to lead-tainted paint.

The Mattel recall includes popular toys such as Barbie accessories, Polly Pocket play set, and GeoTrax Locomotive toys. Nickelodeon and Sesame Street character toys sold under the Fisher-Price name have also been withdrawn.

In addition to Mattel’s recalls, last June RC2 Corp recalled 1.5 million "Thomas & Friends" wooden railway toys that were also made in China. The company is concerned that the surface paints on the toys contained lead, which could result in toxic poisoning in young children. We hope that the recall is soon enogh, as lead in paint is a major medical problem. See our web pages on defective products at http://www.allenflatt.com/lawyer-attorney-1130859.html

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September 8, 2007

BE CAREFUL ABOUT BUYING AN SUV. SELECT THE RIGHT SUV TO AVOID PERSONAL INJURY

Shopping for a new car or SUV is no easy task, especially with so many models and new safety features to choose from. Fortunately, the new NHTSA report is out for 2007 year model vehicles and it is very encouraging. As of September 1, 2007, mandatory safety information for all 2008 model year cars is required to be on the window sticker. Besides newer miles per gallon estimates, consumers will be able to read information regarding government crash-test data for frontal /side crash tests and rollover ratings right on the vehicle itself.

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August 13, 2007

CONAGRA NOW SAYS THEIR PEANUT BUTTER IS SAFE, BUT WHAT OF THE PREVIOUS SALMONELLA INJURY VICTIMS

Orange County California: Our office was retained by a recent victim of Salmonella poisoning caused by ingesting peanut butter produced by ConAgra. The case is simple, within an hour of ingesting peanut butter, she had to go to the hospital where she suffered greatly, and if not for the heroics of the hospital staff, she would have died. No one knew what the cause of the illness was until days later when a recall came of the peanut butter she had ingested. When our client's husband checked the jar, opened and used the day of her illness, it was in fact the recalled product. Thank goodness none of their children had ingested the product. We represent victims of personal injury and product liability.

Our office put ConAgra on notice of the claim and tested the product by an independent lab. Testing confirmed the presence of Salmonella. ConAgra did nothing to investigate and ignored our client's claim. Over $25,000 in medical expenses were incurred and one would think ConAgra would do the right thing and adjust the claim. Not so.

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