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What Is Salmonella And What Are Its Effects?

M. Brandon Smith — Fri, 16 Feb 2007 20:56:17 GMT

With the recent salmonella outbreak concerning Peter Pan and Great Value peanut butter many people are asking the question, what is salmonella and what are its adverse effects? The short answer is that salmonella is a infectious bacteria that attacks the intestines and blood stream in most humans. The most commons effects of salmonella are diarrhea, fever, abdominal cramps which typical occur approximately 6 to 72 hours after developing the infection. While usually not deadly, those infected by salmonella at times often feel like they are not going to make it through the ordeal given the intense pains and problems it causes. For more information on the what salmonella is and the effects and complications it can have check out the cited articles above.

Originally posted at InjuryBoard by M. Brandon Smith

Pet Food Recall Class Action Lawsuit Planned?

M. Brandon Smith — Mon, 19 Mar 2007 13:27:36 GMT

The law firm of Childers, Buck, & Schlueter, LLP (Atlanta, Georgia), is currently investigating property damage claims relating to the recent Menu Foods, Inc., pet food recall which has lead to the serious injury and/or death of hundreds of dogs and cats all over the nation. Based on the numerous comments to our previous posting concerning the pet food recall, many owners are now becoming aware that contaminated pet food was the cause of their pets serious health conditions, including renal failure, and/or death. Given the vast number of pets affected by this recent outbreak, our firm is considering the option of a class action property damage lawsuit to ensure pet owners rights are protected.

According to the most recent reports:

Menu Foods, the Ontario, Canada-based company that produced the pet food, said Saturday it was recalling dog food sold throughout North America under 48 brands and cat food sold under 40 brands including Iams, Nutro and Eukanuba. The food was distributed by major retailers such as Wal-Mart, Kroger and Safeway. Since that recall, two other companies, Nestle Purina PetCare Co. and Hill's Pet Nutrition Inc., said Saturday that as a precaution they were voluntarily recalling some products made by Menu Foods. A complete list of the recalled products along with product codes, descriptions and production dates was available from the Menu Foods Web site, http://www.menufoods.com/recall. The company also designated two phone numbers that pet owners could call for information 1-866-463-6738 and 1-866-895-2708.

The U.S. Food and Drug Administration is still investigating this incident and more information surrounding the recall is sure to come up in the coming days and weeks.

All consumers are encouraged to report adverse actions or other problems to the FDA complaint coordinator in their state.

If you have a pet that has been sick and/or died as a result of eating contaminated pet food please contact one of our attorneys now to see how we could help you out during this tragic situation. With mounting vets bills and other expenses, you should not be held responsible for someone else's negligence in placing contaminated pet food into the market place. Contact us today by clicking the link above or filling out the form at right to see how we can help.

Originally posted at InjuryBoard by M. Brandon Smith

The Yamaha Rhino 660 ATV Continues To Injury Conumers

M. Brandon Smith — Tue, 18 Aug 2009 15:08:00 GMT

The Yamaha Rhino has been a subject of controversy that has recently grown to massive proportions in the legal field. With problems in development and testing, mishaps early in the Rhino's history would have affects that would create a butterfly affect years later. In fact, even in early testing the vice president in charge of the Rhino’s development, Ike Miyachi, was reportedly injured while testing the Yamaha Rhino 660.

Keisuke Yoshida, the driver of the Rhino and president of a US based Yamaha Motors subsidiary, raised the question only weeks later about the instability of the vehicle and possible future liability cases. Even with this question, the Rhino was released, and was an immediate success. The Rhino sold more than 150,000 in 15 months. With this explosion in sales came an explosion in consumer injuries and deaths. Within that time approximately 59 riders have been killed in accidents involving the Rhino, and there are currently more than 440 wrongful death or personal injury Rhino lawsuits pending.

With this influx of liability suits, Yamaha began recalling Rhinos for repair. In fact, Yamaha has recalled practically every part of its Rhino “side by side”. Although the Rhino was marketed as an off road vehicle, it does not have the traditional set up of motorcycle style seating. Instead it’s driver and passenger sit side by side instead of the normal tandem setup. The Rhino also has a tighter frame, in order to allow it to navigate easier through rocks and fit into the back of pickup trips without the need for a pull behind trailor. This shortened frame however has casued great instability in the Rhino 660s design and has caused thousands of rollovers with consumers. Rollovers in Rhinos have even occurred during test drives at dealerships as recently denoted in the CBS NEWS story on this topic.

These crashes are not just due to high speeds or reckless driving. Serious accidents have even occurred at low to moderate speeds within normal conditions. Rhino Accidents have also been reported on flat ground, which is much tamer than the wild terrain the Rhino has and continues to be marketed for.

Yamaha contends that it is operator error that is responsible for the crashes and not faulty designs. Rhino crashes have occurred to drivers under 16, with crashes reported with drivers as young as 12. Although the rules and regulations of being 16 to operate an all terrain vehicle still apply, the vehicles design still needs some simple changes that would have prevented many of these accidents from occurring.

For more coverage of the Rhino ATV, CBS has multiple videos outlining Rhino “side by side” crashes at http://www.cbsnews.com/video/watch/?id=5214842n&tag=related;photovideo

If you or anyone you know has been injured by a Rhino 660, consult the our Yamaha Rhino Attorneys now.

Originally posted at InjuryBoard by M. Brandon Smith

Yamaha Rhino 660 Lawsuits Filed In Georgia To Protect Consumers Rights

M. Brandon Smith — Sat, 01 Nov 2008 23:40:04 GMT

According to numerous reports and news articles, the Yamaha Rhino 660 continues to cause serious and fatal injures as a result of its now well documented product design defects. The Yamaha Rhino has been noted to roll over without warning at slow speeds thereby causing thousands of injuries to its users and riders. A subsequent recall notice concering the Yamaha Rhino 660 was initiated in 2007. We previously discussed some of the Yamaha Rhino 660’s dangers and defects in our previous blog: Yamaha Rhino 660 ATV Causes Serious Risk Of Injury And Death For Riders.

U.S. Consumer Product Safety Commission further documented many problems and concerns related to the dangers of ATVs in their Annual Report of ATV-Related Deaths and Injuries. The Yamaha Rhino 660 and its documented dangers are specifically included in this report.

The manufacture of the Yamaha Rhino 660, the Yamaha Motor Manufacturing Corporation of America is located in Newnan, Georgia. Due to this factor among many others, the law firm of Childers, Buck & Schlueter, LLP has now filed dozens of Yamaha Rhino 660 lawsuits in the State Court of Gwinnett County in Georgia on behalf of those in Georgia and many other states who have sustained serious or fatal injuries from their use of the Yamaha Rhino 660.

If you or a loved one have questions about the Yamaha Rhino 660 or other similar ATV give our Yamaha Rhino Lawyers a call to find out more about your rights and situation. You can also submit a confidential email inquiry though our Ask An Attorney feature.

Originally posted at InjuryBoard by M. Brandon Smith

TOTAL BODY FORMULA LAWSUITS FILED

M. Brandon Smith — Mon, 18 Aug 2008 17:10:53 GMT

If you have ever taken TOTAL BODY FORMULA or TOTAL BODY MEGA FORMULA, a self proclaimed vitamin supplement, you should be aware of recent findings that caused a recall of the popular liquid supplement. After dozens of unexplained events causing hair loss, fingernail loss, nausea, vomiting, fatigue, diarrhea and other very serious conditions, the Food and Drug Administration found TOTAL BODY FORMULA contained hazardous amounts of the mineral selenium which is a trace mineral that is essential to good health but required only in small amounts. The FDA stated the amount of selenium contained in TOTAL BODY FORMULA and TOTAL BODY MEGA FORMULA was 200 times the amount listed on the products label. Too much selenium in the body can cause a condition called selenosis and can be life threatening. To date more than 197 documented cases involving injury and sickness have been reported after using TOTAL BODY FORMULA and/or TOTAL BODY MEGA FORMULA. Of those 197 cases, more than 53 of these reported cases have occurred in the State of Georgia alone. Other sources indicate the number of those affected by ingestion of TOTAL BODY FORMULA and selenium are more prevalent than the numbers currently being reported.

According to Allison Young of the Atlanta Journal Constitution:

On March 27, the FDA issued the first of three warnings, advising consumers not to use Total Body Formula in tropical orange and peach nectar flavors and Total Body Mega Formula in orange/tangerine flavor.

Tests by the FDA found the supplement contained high amounts of selenium as well as levels of chromium that were 17 times higher than recommended. Total Body recalled 1,484 bottles of the product from the market. The symptoms users experienced are signs of selenium toxicity, the FDA said.

“Some people have been pretty debilitated by this,” said Paul Melstrom, a CDC Epidemic Intelligence Service officer assigned to the Georgia Division of Public Health.

Felicia Blasingame’s situation is very common among those who have taken either TOTAL BODY FORMULA or TOTAL BODY MEGA FORMULA according to our investigation and findings at Childers, Buck, Schlueter, LLP. When Childers, Buck, & Schlueter, LLP filed Felicia Blasingame’s TOTAL BODY FORMULA lawsuit along with others we have filed for other clients in Georgia and elsewhere, we knew this was a very serious problem which necessitated prompt legal action in order to protect our client's health, safety, and legal rights.

As further pointed out by the Atlanta Journal Constitution:

There’s no treatment for selenium or chromium poisoning, federal health officials said, and symptoms are expected to go away on their own over time. But recovery will vary depending on how much of the product a person consumed and their underlying health problems.

These factors along with others wherein the manufactures of dietary and vitamin supplements only have to report serious life threatening or deadly events raise grave concerns and issues for those who have in the past or continue to take supplements on a daily basis.

Products covered by the recall, announced in March:

• Total Body Tropical Orange — lot nos. 4016801, 4024801 and 4031801

• Total Body Peach Nectar — lot nos. 4016802 and 4031802

• Total Body Mega Orange/Tangerine — lot no. 4031803

Consumers should stop taking these products and consult a health professional if they’ve experienced adverse reactions.

For those who have sustained serious injuries and/or sickness after taking TOTAL BODY FORMULA or TOTAL BODY MEGA FORMULA you may want to contact the attorneys at Childers, Buck, and Schlueter to see how we can help protect your legal rights. Regardless of the case, it is of the utmost importance that you stop taking the above products and follow up with your medical provider if you experience any of the aforementioned conditions or medical problems.

Originally posted at InjuryBoard by M. Brandon Smith

Yamaha Rhino 660 ATV Causes Serious Risk Of Injury And Death For Riders

M. Brandon Smith — Sat, 22 Dec 2007 16:59:26 GMT

Yamaha's Rhino 660 has been the object of much criticism and debate over the last few months due to its alleged design defects that cause the popular ATV to unnecessarily rollover without warning. The Rhino 660 has been cited as the cause of hundreds of injuries across the U.S. to its consumers since its introduction by Yamaha in 2003. The typical injuries sustained involve broken legs, ankles, feet and arms. There have even been a number of reported amputations and deaths related to the Rhino's use and operation.

The main alleged defect relates to the high center of gravity the Rhino encompasses which according to reports promotes a higher incident rate of rollovers. The shortened wheel base and powerful engine of the Rhino make it much more prone to tipping and rollovers. When a rollover occurs many passengers accidentally and/or instinctively use their leg to try and prevent the Rhino from flipping over. When this occurs, the sheer weight and force of the ATV usually crushes the occupant's limbs as they catch outside the ATV.

Critics of the Rhino 660, such as our clients, say the ATV should have encompassed a better design and a footwell door that would help prevent these events from occurring and thereby reduce the number of injuries related to the Rhino's use.

In November of 2007, Yamaha decided to try and rectify this problem by adding a safety door to the Rhino 660. It also issued a recall notice and safety alert to have previous versions of the Rhino 660 add the safety door free of charge.

According to the Yamaha website:

Special Offer to Rhino Owners
Yamaha has developed new doors and additional passenger handholds for the Rhino. These new features, as shown in the pictures below, are designed to help keep occupants from sticking arms or legs out of the vehicle in response to a side rollover. They may also enhance passenger stability and comfort. Yamaha recommends that Rhino owners have these doors and handholds installed on their Rhino vehicles.

The sad thing is this safety alert and recall was not issued years ago when the manufacturer learned of this critical design defect. The serious issues and injuries outlined above have been known for years now by Yamaha but for some unknown reason they choose not to take any real corrective action until this safety alert and notice.

As a result of this inaction and unresponsiveness to its unreasonably dangerous product, our firm is currently investigating and litigating viable personal injury claims against Yamaha as the manufacturer of the unreasonably dangerous Rhino 660. If you or a loved on have sustained injuries as a result of its use or some other ATV, please contact one of our personal injury attorney's immediately to ensure your rights are protected. We are happy to answer your questions and address your concerns free of charge.

The alert as stated applies to owners of the Yamaha Rhino 660 manufactured from 2004 to 2007.

Originally posted at InjuryBoard by M. Brandon Smith

Menu Foods' Pet Food Recall Linked To Plastic Chemical-Melamine

M. Brandon Smith — Fri, 30 Mar 2007 15:18:59 GMT

A recent recall on more than a 100 brands of "cuts and gravy" style dog and cat food has now been linked to a chemical used to make plastics: melamine. Melamine, after numerous tests by the United States Food and Drug Administration, has been definitively identified in the corpuses of both dogs and cats alike. Since the pet food recall issued by Menu Foods, Inc., and the FDA it has been reported that thousands of animals have been either seriously injured or killed after eating the contaminated pet food.

According to MSNBC.COM:

In a news conference, FDA officials said that the apparently melamine-contaminated wheat gluten also was shipped to a company that manufactures dry pet food, but they would not name the company.
Wheat gluten, a source of vegetable protein, is also used in some human foods, but the FDA emphasized it had found no indication that the contaminated ingredient had been used in food for people.
Menu Foods recalled 60 million containers of cat and dog food earlier this month after animals died of kidney failure after eating the Canadian company's products. It is not clear how many pets may have been poisoned by the apparently contaminated food, although anecdotal reports suggest hundreds if not thousands have died. The FDA alone has received more than 8,000 complaints.
"While we have no doubt that melamine is present in the recalled pet food, there is not enough known data on the mammalian toxicity levels of melamine to conclude it could cause illness and deaths in cats. With little existing data, many questions still remain as to the connection between the illnesses and what has caused them," Hooker said.

Originally posted at InjuryBoard by M. Brandon Smith

Vegan Rella Cheddar Block Recall

Jessica Smagacz — Fri, 21 Nov 2008 21:29:21 GMT

FDA released today that PANOS brands (of Saddle Brook, NJ) is recalling Vegan Rella Cheddar Block because it may contain an undeclared milk protein. This product is manufactured by Swan Gardens/Tree of life in Austell, GA.

Because there may be undeclared milk protein in this cheese substitute, people having an allergy or sever sensitivity to milk protein are at risk for serious or life-threatening allergic reaction if they consume the Vegan Rella Cheddar Block. The only block of products subject to recall are ones with a sell date by 12/09/2008. It packaged in 8 oz packages and has the UPC Code 0 37983 00015 4.

Vegan Rella Cheddar block was sold directly in retail stores nationwide. One incident of an allergic reaction with the consumption of this product has been reported.

If you are someone who has purchased this product, please return it to the place of purchase to receive a full refund. FDA directs consumers with questions to call (800) 494-8839 ext. 425.

Food injury is not to be taken lightly in circumstances when injuries do result. In some cases, these injuries can have lasting effects.

For those who have sustained serious food injuries and/or sickness you may want to contact the attorneys at Childers, Buck, and Schlueter to see how they can help protect your legal rights.

Originally posted at InjuryBoard by Jessica Smagacz

Pet Food Recall May Prompt Property Damage Lawsuits

M. Brandon Smith — Fri, 16 Mar 2007 21:38:45 GMT

Menu Foods', one of the nation's largest manufacturers of dog and cat food, has issued a nationwide recall on its "cuts and gravy" style pet food after being linked to kidney failure in many animals. The pet food recall, which is estimated to include more than 60 million containers, was distributed to Wal-Mart, Kroger, Safeway, and other similar stores on Friday after more than 10 pets died from eating the contaminated pet food.

The recall covers the company's "cuts and gravy" style food, which consists of chunks of meat in gravy, sold in cans and small foil pouches between Dec. 3 and March 6 throughout the U.S., Canada and Mexico.
"At this juncture, we're not 100 percent sure what's happened," said Paul Henderson, the company's president and chief executive officer. However, the recalled products were made using wheat gluten purchased from a new supplier, since dropped for another source, spokeswoman Sarah Tuite said. Wheat gluten is a source of protein.

At this point the specific facts concerning the recall are still under investigation to determine why the popular pet food sold to millions of pet owners is causing so many animals to get sick and die. Although this recall has not been linked to any sickness in humans like the recent peanut butter recall, it will most likely prompt property damage lawsuits on behalf of those whose pets either got really sick and/or died from eating the contaminated pet food.

Originally posted at InjuryBoard by M. Brandon Smith

The Yamaha Rhino 660 Continues To Injury Conumers CBS Reports

M. Brandon Smith — Mon, 10 Aug 2009 10:52:18 GMT

For many people, especially in the summer months, adventures outdoors are what the season is all about. For more than a few of these lovers of summer, outdoor adventures include rides on all-terrain vehicles or other vehicles of that type. Yamaha is a popular manufacturer of these types of vehicles and in 2003, Yamaha sought to introduce a vehicle which was different-the Yamaha Rhino 660. Yamaha created a vehicle which incorporated features of a go-cart, a golf cart and a traditional all-terrain vehicle. The new rhino vehicle was not marketed as ATV and therefore was not regulated by the same established laws and safety regulations because was instead labeled as a ‘utility terrain vehicle.’

The Rhino was extremely popular even from the very beginning with its sporty look and its ability to be loaded into the back of most pick up trucks without the need for a separate trailer. However, that popularity soon began to wane as the reports of injuries began to emerge.

Due to its dangerous design, the Rhino is not the safe and reliable an off-road vehicle seen on numerous commercials and print ad campaigns. CBS News recently reported on the dangers of the vehicle and some of the law suits which have arisen due to injuries or deaths sustained while operating or riding in the Yamaha Rhino 660.

Today the Yamaha Rhino 660’s design defects has been linked to 59 deaths and hundreds of other injuries to riders and consumers. This staggering number of injuries and deaths has caused over 440 Yamaha Rhino lawsuits to be filed alleging the defective and dangerous nature of the Rhino 660. What is perhaps more disturbing to many is that the company seemed to be aware of the issues with the Rhino’s stability and design and failed to adequately act to correct these issues in a timely manner.

Yamaha itself has attempted to partially remedy the situation and has engaged in massive damage control by offering a free repair service on the models in question which include the Yamaha Rhino 450, 660 and 700. This came about as the result of continued pressure and attention Yamaha received from defective design and safety plagued Rhino linked to early reports of serious accidents injuries, and deaths. Some of the defects of the Rhino include the fact that it was inherently unstable due to the top heavy nature of the Rhino due to a narrowed chassis and other reports have indicated that the seatbelts actually unspool in the event of a rollover. For those who have been hurt critical questions remain: Why did Yamaha not choose to make the recall and repairs sooner? Why did Yamaha not feel it was important to inform consumers of the dangerousness of the Yamaha Rhino 660 and why did Yamaha continue manufacture and sell the Rhino despite knowing of its design defects and safety flaws as CBS reports.

If you or a loved one has been injured in a Yamaha Rhino accident involving a Yamaha Rhino 660, you may be asking yourself the same questions. There are currently a number of Yamaha Rhino law suits which have been filed in the state of Georgia and other areas to get answers to these questions and to further protect the rights of consumers. The law firm of Childers and Schlueter, LLP is currently handling many of the Yamaha Rhino injury cases which have been filed in Georgia and is still reviewing cases nationwide on an individual basis for those who have been seriously injured in a Yamaha Rhino accident. If you have questions, please contact us immediately about these Rhino accidents.

Originally posted at InjuryBoard by M. Brandon Smith