NBA Law Blog - Neblett Beard & Arsenault » Richard Arsenault

Elementary School Class Visits Neblett, Beard and Arsenault

Richard Arsenault — Fri, 18 Nov 2011 22:27:56 +0000

A group of budding scholars!

We here at Neblett, Beard and Arsenault love being involved with our community. For over a decade, we have organized and sponsored a field trip program, where local grade school classes can meet Law Enforcement officials, Lawyers and Judges and learn about the legal system.

Recently, Michael Koch, one of the partners here at NBA, organized a field trip for 24 Fourth graders from Cherokee Elementary School. Michael took the class to the Louisiana Ninth Judicial Courthouse in Alexandria, where they got to meet Major Karla Ryder from the Rapides Sherriff’s Office. Major Ryder told the kids what a law officer does, why they arrest people, and for what reasons people most often get arrested. Then the students got to go to a courtroom and talk with a real Judge- Judge Mary L. Doggett, of the Louisiana Ninth Judicial District Court. Judge Doggett spoke to the children about the role a Judge plays in the judicial system, and answered the students’ questions. The class also got to visit the Rapides Parish jail, where Warden Clark spoke and took them on a jailhouse tour.

After listening to all the different people involved in the legal process, Michael brought the class back to the Courthouse, where the kids were each assigned a role for a mock trial. Different students got to be lawyers, witnesses, parties, bailiffs, judge and jury, and they got to perform the trial by themselves (well, with a little help from Michael and their teachers!). They did opening and closing statement and an examination of witnesses. After the jury reached their verdict (a “0″), the class proceeded to celebrate their victory (or mourn their loss) with a pizza lunch at Cici’s pizza. After lunch, Micheal brought them back to the Neblett, Beard and Arsenault main office, where they got to see what a law practice looks like. They got a surprise pop quiz about the law and legal system from Michael and their teachers- with the winners getting prizes instead of grades.

The teachers advising the field trip complimented the program, saying it was “awesome” and that it “was the best field trip [they] had ever been on”. We’re glad they had a fun day, and hope they learned a lot, too!

Neblett, Beard and Arsenault’s field trip program is open to any local school. The program is available for all age groups, from Elementary to Junior and Senior High School, and provides a unique opportunity for students to get a firsthand learning experience about our nation’s legal system. If you know a local school that would like to participate, call Neblett, Beard and Arsenault and ask for Firm Administrator Irene Duplechin.

"The best field trip ever"

CooperVision Expands Contacts Lens Recall to include Avaira Sphere and Avaira Toric

Richard Arsenault — Fri, 18 Nov 2011 19:33:30 +0000

Last month, CooperVision recalled over 750,000 Avaira Toric contact lenses because a silicon oil residue left on the lenses could cause eye injuries. Yesterday, CooperVision extended their previous Avaira recall to include Avaira Sphere lenses. Avaira Toric lenses are only worn by people with astigmatism, and Avaira Sphere lenses are generally worn by people who don’t have astigmatism.

This recent expansion of CooperVision’s previous recall of Avaira Toric Contact Lenses affects 6.6 million contact lenses which may cause side effects such as hazy vision, pain, and eye damage. CBS News reports that the FDA thought CooperVision’s recall didn’t go far enough, and that’s why the FDA has issued “its own urgent warning about Avaira lenses”.

According-+ to the FDA, levels of a silicon oil residue found on the surface of contact lenses causes these eye problems. The world-wide recall involves lenses distributed to several countries including the United States, Canada, Australia, Spain, Hong Kong, Italy, and Germany. Problems reported by Avaira contact lens wearers include severe eye pain, blurred vision, hazy vision, corneal damage and other vision associated problems.

According to an FDA informational page concerning the recall:

If you wear Avaira Sphere contact lenses and experience any symptoms, CooperVision recommends that you stop wearing the lenses immediately. Contact your eye care practitioner for advice. CooperVision will launch a recall site on Wednesday November 16th for wearers to enter the package lot number found on the contact lens carton or blister label to determine if their lenses have been recalled.

If you have experienced symptoms as a result of these contacts, check with your eye care practitioner immediately. The FDA requests that you report any problems or symptoms via their MedWatch Reporting program.

Possible Link Between Infuse and Higher Cancer Risks

Richard Arsenault — Tue, 08 Nov 2011 16:22:50 +0000

Infuse, a Medtronic developed bone growth stimulator, is also known as Amplify when used in higher doses. While Infuse received very limited approval from the FDA, Amplify was not approved due to potential cancer risks.

Now, it appears that startling new information relating to inappropriate Infuse usage has been discovered. At a national spinal surgeon convention, Dr. Eugene Carragee noted that undisclosed clinical trial data “showed a significantly higher number of cancers in the study group that received Amplify when compared to a control group that received a bone graft as part of a spinal fusion….”

In that same article, Dr. Carragee also noted that Infuse may have been used off-label at higher-than-approved levels, levels possibly higher even than intended for Amplify, resulting in potential cancer risks to recipients.

Medtronic has responded to these claims by forking out $2.5 million to allow Yale researchers to independently analyze the Infuse data. This study has not been released; however, its results will likely provide additional insight into the safety of Infuse.

Medtronic’s Infuse Bone Graft

Richard Arsenault — Thu, 03 Nov 2011 14:09:18 +0000

Infuse, a bone growth stimulator produced by Medtronic, has been at the center of a medical controversy in recent months. When incorporated into neck surgeries, findings show that severe complications can result. Although FDA approval was granted in 2002, the approved use of Infuse was solely in conjunction with anterior approach lumbar fusions. However, it appears that Medtronic promoted use of Infuse for other neck and cervical surgeries.

The result of this un-FDA sanctioned use of Infuse – patients suffering severe medical complications including difficulty breathing, swallowing, speaking, airway compression, respiratory problems, nerve damage, infection, bone loss, unwanted bone growth, sterility in males, and death. Additionally, Policymed.com indicated that reports from the Milwaukee Journal-Sentinel highlighted potentially inappropriate financial links between Medtronic and Infuse researchers. The Senate Finance Committee is currently looking into this claim. Also of note, in 2008, the FDA announced that improper Infuse use could cause medical problems.

Life Insurance and Death Benefits

Richard Arsenault — Mon, 24 Oct 2011 20:02:35 +0000

Life insurance provides peace of mind. Purchasing whole or universal life insurance policies helps policy holders ensure the future financial stability of their estate and their loved ones. Recent news reports have indicated however that certain life insurance companies maybe retaining unclaimed benefits owed to policy holders or beneficiaries. If you believe you have not received life insurance policy benefits to which you are entitled, you may have a legal claim.

Recently, Western & Mutual Holding Co. and Columbus Life Insurance Co., both Ohio companies, failed to examine Social Security’s Death Master File. The master file would have provided the insurance company with up-to-date information concerning whether or not policy holders were still alive. Using this master file would ensure that policy beneficiaries receive timely payouts of benefits whether or not the beneficiaries were aware that the policy existed. Estimates by researchers indicate that unpaid benefits could reach into the hundreds of millions of dollars annually. If this occurs each year then life insurance companies could be reaping undeserved benefits which belong to either a policy holder, a beneficiary, or the state government.

Avaira Toric Contact Lens Recall

Richard Arsenault — Mon, 24 Oct 2011 19:50:30 +0000

Toric contact lenses provide astigmatism sufferers with an effective alternative to glasses. Convenience, appearance, and easy of utilization are all benefits associated with contact lens usage. However, CooperVision’s recently instituted a world-wide recall of Avaira Toric Contact Lenses due to side effects such as hazy vision, pain, and eye damage suffered by lens wearers.

According to press releases issued by Cooper, a residue found on the toric lenses causes the eye problems. The world-wide recall involves lenses distributed to several countries including the United States, Canada, Australia, Spain, Hong Kong, Italy, and Germany. Problems reported by toric lens wearers include severe eye pain, blurred vision, hazy vision, corneal damage and other vision associated problems.

According to an FDA informational page concerning the recall:

On August 19, 2011, the firm sent a recall notification letter to the US and Canadian distributors and health care practitioners. Other foreign distributors were sent the recall letter a week later.

Consumers should return their lenses to their eye care practitioner if they have the affected contact lenses. In addition, if a consumer who is wearing Avaira Toric contact lenses and experiences any symptoms, it is recommended that they stop wearing the lenses immediately and contact their eye care practitioner for advice.

If a consumer is wearing Avaira Toric contact lenses and is NOT experiencing symptoms, Cooper Vision recommends going to their recall web page at www.coopervision.com/recall and enter the lot number of their package to determine whether their lenses have been recalled. If the lenses are on the recall list, they should immediately remove their existing lenses, discontinue all lens wear, and return them to their eye care practitioner or point of purchase.

If you have experienced symptoms as a result of these contacts, check with your doctor immediately. If you are uncertain if your contacts were part of this recall, visit the CooperVision website for additional information.

FDA Posts the Following Recall on Cooper Vision Avaira Toric Contact Lenses

Richard Arsenault — Thu, 20 Oct 2011 18:25:17 +0000

In full cooperation with the United States Food and Drug Administration, CooperVision, Inc. is continuing to work with the FDA, distributors, customers, eye care practitioners and lens wearers to complete the worldwide recall initiated on August 19, 2011 on certain lots of Avaira™ Toric contact lenses.

“Our first priority is always the health and safety of all CooperVision lens wearers and as such we responded quickly to complaints from our customers by initiating a voluntary recall” said Christine Moench, vice president, Global Regulatory Affairs and Quality Assurance. “We want to ensure that all consumers are aware of this action and know where to go for more information.”

If you wear Avaira Toric contact lenses and experience any symptoms, CooperVision recommends that you stop wearing the lenses immediately. Contact your eye care practitioner for advice.

The recall was initiated because of the unintended presence of a residue on certain lots of Avaira Toric lenses, which may cause hazy vision, discomfort, or eye injuries requiring medical treatment. Not everyone experiences the same symptoms. Since the initiation of the recall, the company has received some additional complaints of severe eye pain. Avaira Toric contact lens wearers that experience any symptoms should stop wearing the lenses immediately and speak with their eye care practitioner.

We have ongoing relationships with practitioners to continue to identify all the affected lots in the market. To date, the recall has impacted approximately 600,000 Avaira Toric contact lenses in the U.S.

Ford Diesel Engine Problems: An Unfair Burden For The American Worker?

Richard Arsenault — Tue, 12 Apr 2011 19:10:12 +0000

As anyone who has ever owned a motor vehicle can assure you, cars can be fickle things. They break, they degrade, they run down and eventually, they just give up. But when a vehicle begins to prematurely give up, the damage can extend further than a few repair bills and a late start to your workday. For many individuals, a car with habitual engine problems could cost them their livelihood, their businesses and employees livelihoods and their significant contributions to the infrastructure of this great nation.

This seems to be what is happening in the case of Ford trucks running the Navistar 6.0L Power Stroke Diesel engine:

2003-2007 Ford F250 Super Duty
2003-2007 Ford F350 Super Duty
2003-2007 Ford Excursion

Investigations have begun into whether the Ford Motor Company and Navistar have knowingly sold their customers trucks with inferior engines that are prone to a litany of costly problems including:

Loss of engine power
Blown head gasket
Warped/disfigured head bolts
Oil cooler failure
Engine Gas Recirculation (EGR) cooler failure
Coolant entering the engine’s ventilation system

In 2007, Ford Motor Company sued Navistar (the maker of the 6.0L power Stroke Diesel Engine), claiming that the 6.0L Power Stroke Diesel Engine was defective and that Navistar had failed to pay its portion of warranty claims filed by Ford owners and lessees.

While Ford certainly thought it only fair that they be compensated for these seemingly inferior engines; Ford did not see it quite as fair to stop advertising their trucks with the 6.0L Power Stroke as superior vehicles. Ford also did not see it fit to share any of the money they recouped in their lawsuit against Navistar with the owners of these vehicles, or to issue a recall on their vehicles with 6.0L Power Stroke Diesel Engine. Owners would just have to wait until their vehicles broke down and hope they could afford the costly repairs.

When individuals rely on their vehicles for work and business, problems equal time and money. In turn, a defective truck hurts the small business person who relies on their vehicle for much more than transportation to and from work. The 6.0L Power Stroke Diesel is a powerful engine. It is used by people to haul large loads. As such, the vehicles that run on the 6.0L Power Stroke Diesel are the trucks that haul and move large weight.

People responsible for building our country’s homes and infrastructure need their vehicles to be reliable, which is why many choose brands like Ford, for their typically reliable vehicles. But in the case of the Navistar 6.0L Power Stroke Diesel, it does not seem that a lifetime of quality is what these engines are providing, but rather a laundry list of problems and ever growing repair bills.

A small business owner cannot simply absorb the additional cost of purchasing a new truck or constantly paying for repairs to a truck that simply can never be truly fixed. Many of these trucks have expired or expiring warranties, meaning the shift in financial responsibility for these vehicles is moving to the owners. For many individuals, this added cost could be devastating.

But the costly repairs are not the only fallout from owning a vehicle with a known problematic engine, resale of these vehicles has been greatly affected by the reputation of trucks with the 6.0L Power Stroke engine. Many expect that their vehicle will be an asset in the future that can be sold for a reasonable price, which may not be the case for these Ford trucks. Owners could be stuck with a costly truck that cannot perform its work duties and also cannot be sold for any recovery in monies.

You can’t go onto a truck-related message board without hearing the war stories many 6.0L Power Stroke diesel owners have been through. Some of these sites flat out advise viewers NOT to buy one of these vehicles. For a vehicle that can cost upwards of $60,000, that is simply unacceptable for the hardworking individuals who own these trucks.

Our attorneys don’t think it is fair, either. That’s why we’re investigating claims against Ford and Navistar for owners with 2003-2007 F-250s, F-350s and Excursions. Read more about it here.

Update on Meds IV and Possible Serratia Marcescens Contamination

Richard Arsenault — Thu, 31 Mar 2011 16:04:15 +0000

The Alabama Department of Public Health today is announcing an ongoing investigation of an outbreak of Serratia marcescens bacteremia in six Alabama hospitals. On March 16, ADPH was notified that an outbreak had occurred in two of these hospitals among patients receiving TPN (total parenteral nutrition).

TPN is liquid nutrition fed through an IV using a catheter. Use of contaminated products may lead to bacterial infection of the blood.

ADPH requested assistance from the Centers for Disease Control and Prevention. CDC’s initial investigation identified TPN produced by a single pharmacy, Meds IV, as a potential common source and has determined that these hospitals received TPN from this pharmacy. Affected hospitals are Baptist Princeton, Baptist Shelby, Baptist Prattville, Medical West, Cooper Green Mercy and Select Specialty Hospital in Birmingham.

Meds IV was notified and informed its customers of the possibility of contamination. ADPH has been informed that impacted hospitals immediately stopped using TPN received from this pharmacy and that the pharmacy discontinued all production. On March 24, Meds IV recalled all of its IV compounded products. The U.S. Food and Drug Administration is aware of the voluntary recall. The pharmacy and the hospitals are cooperating with the investigation.

At this time, ADPH is aware of 19 cases in these six hospitals of Serratia marcescens bacteremia related to this outbreak.

ADPH will provide updates as more information becomes available.

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Cardioplegia Solutions
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Folic Acid 1mg/0.2ml Syringe
Glycopyrrolate 0.2mg/ml 1ml in 3ml Syringe
Heparin IV Bags
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Neostigmine 3mg Syringe
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Nitroglycerin Syringe
Norepinehrine IV Bag
Oxytocin Bags
Sodium Chl 23.4% (4meq/ml) 10ml Syr
Succinylcholine 20mg/ml 5ml Syringe
TPN Solution
Vancomycin IV Bag

Serratia Marcescens Outbreak in Alabama Hospitals

Richard Arsenault — Wed, 30 Mar 2011 19:09:18 +0000

Intravenous (IV) fluids can supply much needed nutrients and hydration to an ill individual. Recently, however, in Alabama, nine patients have died. Investigators have discovered that these patients received contaminated IV fluids. The investigation has not yet definitively determined that the bacteria, serratia marcescens, caused the deaths, but this is one avenue currently being explored by the Alabama Department of Public Health, the Centers for Disease Control and Prevention (CDC), and the Food and Drug Administration (FDA).

Six hospitals are currently involved in this Alabama serratia marcescens investigation. They include Select Specialty, Baptist Princeton, Baptist Shelby, Medical West,Cooper Green and Baptist Prattville. The Alabama Department of Public Health is aware of the Serratia marcescens associated illnesses. The IV fluid bags were produced by Meds IV out of Birmingham, Alabama. The company has since notified its customers of the potential problems and has discontinued production.

S. marcescens is a bacteria that grows well in moist environments. In rare instances, individuals who develop infections associated with S. marcescens can develop endocarditis, osteomyelitis, pneumonia, or meningitis.

Kaba Lock Litigation

Richard Arsenault — Tue, 29 Mar 2011 15:07:11 +0000

A magnet….. A lock which opens without keys – only buttons….. These are key elements in class action litigation currently at play. With Richard J. Arsenault serving as co-lead plaintiff’s counsel in the lawsuits against Simplex push-button locks , which were manufactured by Kaba, and utilized at hospitals, airports, casinos, banks, the Department of Defense and police departments. This litigation is shaping up to be an interesting story to follow.

Feeling safe in your home is an essential component of every person’s life. These locks can be bypassed with a $30 dollar magnet. These magnets which are easily accessible can now be used to bypass a person or business’ security system, leaving these individuals open to theft and vandalism.

Stay tuned as we keep you up to date on this constantly evolving lawsuit.

Richard J. Arsenault Interviewed by NY Times in Kaba Lock Litigation

Richard Arsenault — Mon, 28 Mar 2011 19:51:27 +0000

Attorney Richard J. Arsenault, senior partner of Alexandria, LA-based Neblett, Beard & Arsenault, has been selected to serve as co-lead counsel for plaintiffs in emerging class action litigation against the makers of Kaba Simplex Keyless locks. The following is an article which ran in the New York Times on March 27th. The article discusses current litigation concerning Kaba Simplex Keyless Locks and the fact that they can be bypassed with a small, easily accessible magnet.

Yeshai M. Kutoff was house-proud, having bought a home in Cleveland Heights, Ohio, for his family of five. And as an Orthodox Jew, he bought push-button locks for the doors — an accommodation for the Sabbath, when many of the devout do not carry keys.

Yeshai M. Kutoff had push-button locks installed at his home in Cleveland Heights, Ohio.

When a neighbor told him that the locks he had bought could be opened by a powerful magnet costing about $30, Mr. Kutoff was perturbed. “It does bother me that other people could easily figure it out,” he said. Mr. Kutoff did not buy a magnet to see for himself. “It doesn’t interest me to know how to break into my own lock,” he said.

If this were a problem with security software instead of errant bits of steel, a company could send out a patch. If this was someplace other than the United States in the 21st century, Mr. Kutoff might have called a locksmith. But because it is the United States in the 21st century, lawyers are involved.

And now, in a federal courthouse in Ohio, 11 lawsuits have been consolidated into one against Kaba, a lock industry leader whose Simplex push-button locks are used by hospitals, airports, casinos, banks, the Department of Defense and police departments.

The company markets the locks as part of their “strong, powerful security solutions” and calls the push-button locks vandal resistant; the plaintiffs’ lawyers say otherwise. In fact, they accuse Kaba of deceptive trade practices, common-law fraud, negligence and product liability.

They say the locks, which can cost less than $200 or more than $1,000, depending on the model, are defective by design. And they are demanding that the company replace the locks, pay compensatory damages and even turn over all profits made from the locks over the years.

Plaintiffs’ briefs suggest that the class includes “hundreds of thousands of persons and entities,” and the case already involves some big players in the legal community, including Richard J. Arsenault and Daniel E. Becnel Jr. of Louisiana and Mark J. Geragos of Los Angeles.

Mr. Arsenault, the co-lead counsel for plaintiffs in the litigation, called the locks insecure and said the problem was a “slow-motion disaster.”

Mark P. Miller, a lawyer for Kaba, has argued in court that the plaintiffs’ lawyers were “fear-mongering,” and he ridiculed the lawsuits as “another Happy Meals case” — a reference to a much-belittled class-action suit filed in California in December that accuses McDonald’s of using toys to lure children into unhealthy eating habits.

In court filings, Kaba argued that it had “never advertised or warranted in any way that any of its access control products are impenetrable.” Locksmiths learn techniques to defeat all kinds of locks, and “thieves and others who want to defeat locks can obtain the same tools and learn the same techniques locksmiths use,” the filings said. “Indeed, any thief — even the most clumsy — can use a sledgehammer, a pry bar or bolt cutter to bypass essentially any lock.”

In a statement, Mr. Miller added that the company had “never received any confirmed report of a break-in” because of a magnetic bypass, and that it heard about the potential for magnetic mischief only in August 2010. Kaba is preparing a free kit to modify the locks and make them magnet-proof, he said.

In an earlier hearing in the case, Mr. Miller argued that beating a push-button lock was not as simple or easy as the plaintiffs claimed. “My own personal research shows that it takes a magnet the size of a bagel to get the locks open,” he said. In fact, the magnet required is only a couple of inches square, and a video shows the magnet alongside a bagel for comparison.

Mr. Miller also argued in court that the magnet was unwieldy and too powerful for most people to use. “It’s a big, heavy thing that if you have it in your pocket, and you happen to walk by something that’s made out of metal, you will get stuck to it and have to call 911 to get your pants somehow removed to save yourself,” he said.

This month, lawyers for the plaintiffs showed a video in court as an informal briefing for the judge that countered some of Mr. Miller’s contentions. The video shows someone sliding a magnet against a lock and removing it with one hand. The magnet pulls a locking plate away from the mechanism, allowing the door handle or knob to turn freely. Once the magnet has been removed, the narrator says, the plate slides back into place, and there is no evidence that the mechanism has been bypassed.

To Mr. Arsenault, Kaba’s argument that no one has been harmed by the locks is a weak one. He said that “there’s no way to know that,” and that even if no one has yet been harmed, “it’s obviously irresponsible to wait for criminal activity to occur before warning the public and taking immediate corrective action.”

As for the company’s proposed fix, he said, “the devil is in the details.”

And while many might look askance at a lawsuit over locks, this is not the first. Kryptonite, the maker of distinctive U-shaped bicycle locks, settled a class-action lawsuit in 2004 when it was revealed that its cylindrical locks could be defeated with the barrel of a Bic pen. The company redesigned the locks and offered customers exchanges or vouchers.

Marc Weber Tobias, an expert on locks and security who is not working for the lawyers in the Kaba case at this time but has met with them, said, “This is a serious deal and affects lots of agencies.”

He wrote about the locks in his blog for Forbes.com after sending an alert to law enforcement agencies, security professionals and locksmiths. “This is a very significant issue, because they are playing a game of jeopardy with the protection of property and lives,” he said.

Mr. Tobias acknowledged that brute force could defeat any lock. But he said: “Nobody is concerned about someone walking into an airport or bank or credit card facility with a sledgehammer or crowbar. They are concerned, however, about an unauthorized individual or criminal bypassing the security of a facility in two seconds, covertly, with a magnet.”

Meanwhile, Mr. Kutoff said he would simply like to get his locks exchanged for something safer. “It’s something that everybody wants to do — put a good lock on your house,” he said.

“In a perfect world, the locksmith doesn’t have a job,” Mr. Kutoff said. “But it’s not a perfect world.”

Social Security Disability and Children – What are the Requirements?

Richard Arsenault — Fri, 25 Mar 2011 14:54:39 +0000

Social Security Disability is not provided for adults only. Children, in certain circumstances can also be eligible for Social Security Disability payments. However, the Social Security administration has established specific guidelines related solely to children for them to be considered eligible for Social Security Disability benefits.

According to the Social Security administration, “The child must have a physical or mental condition(s) that very seriously limits his or her activities and the condition(s) must have lasted, or be expected to last, at least 1 year or result in death.”

Household income and assets will be taken into consideration in determining the size of an economic award for a disabled child.

Richard Arsenault Appears in Wall Street Journal on Gulf Oil Spill Fund

Richard Arsenault — Wed, 02 Feb 2011 20:59:53 +0000

Richard Arsenault, senior partner in Neblett, Beard & Arsenault, was quoted in the Wall Street Journal today and appeared in the Wall Street Journal’s Law Blog over plans to seek compensation for victims of the Gulf of Mexico Oil Spill from the $20 billion oil spill fund, rather than proceeding with potentially lengthy litigation against BP and other parties.

Arsenault and a partner in his law firm, JR Whaley, are among a group of approximately 30 lawyers who are moving their clients’ claims through the oil spill fund.

“Justice delayed is justice denied,” Arsenault told the Journal’s Dionne Searcy.
The fund, which is administered by Ken Fienberg , and was set up by BP and the Obama administration, has already paid out $3.35 billion dollars to victims of the spill.

Victims of the oil spill are now deciding whether to opt for potentially quicker compensation through the oil spill fund, or to take their claims through the court system. Victims who seek compensation through the oil spill fund will be barred from filing a lawsuit, and may forfeit future damages that may be awarded by a court.

For many victims, waiting for a courtroom decision may not be possible. Daniel Becnel, a lawyer in Arsenault’s group, explained that many victims need compensation now to avert financial ruin and may not be capable of waiting for a result through litigation.

Carnival Splendor Cruise Ship Strands 4500 off Mexican Coast

Richard Arsenault — Wed, 10 Nov 2010 17:03:41 +0000

About 4500 passengers and crew members aboard the Carnival Splendor cruise ship are stranded off Mexico’s Pacific Coast today. Tugboats are pulling to pull the cruise ship toward shore, but it will be at least another 24 hours before the ship reaches port in San Diego.

The Splendor departed from Long Beach, California on Sunday for a seven day Mexican cruise, including stops in Puerto Vallarta, Mazatlan and Cabo San Lucas. However, on Monday, an early morning fire in the ship’s engine room knocked out the ship’s power. Now, instead of enjoying a Mexican getaway, passengers are stranded aboard a disabled ship that is running low on food and is without air conditioning and hot water. Powerless to move itself, the Splendor is now depending on tugboats to pull it back to California, and passengers are along for the ride.

Carnival will be refunding the passengers’ tickets and offering them discounts and vouchers toward their next cruise.

Cruise ship accidents are rare, but they do occur. In 2006, 50 passengers were injured, some severely, when their cruise ship abruptly swayed portside. Also in 2006, 11 were injured and one was killed when a cruise ship caught fire between Grand Cayman and Jamaica. In 2007, a ship with more than 1500 people aboard sank after hitting rocks, two people died in the accident. Last May, a machine room fire caused 607 people to evacuate a ship off Norway’s coast.

Some Admiralty Laws in place today that govern injuries and accidents on the high-seas are linked back to arguably the most famous ship accident in history – the sinking of the Titanic. The sinking of the “unsinkable” ship and large number of fatalities associated with the disaster focused America’s attention on the need for legislation to enable victims to seek recovery for injuries and deaths that occur on the high seas. In 1920, the US Congress adopted the Death on the High Seas Act and the Merchant Marine Act, more commonly known as the Jones Act.