Most manufacturers have already gotten on board and are providing U.S. families with new and improved safety designs.  However, no one knows exactly how many drop-side cribs are still out there.   Since 2007, over 11 million of these types of cribs have been recalled due to their potential danger, but countless babies may still be at risk because of the use of second-hand or hand-me-down cribs with drop-sides.   If you have questions or concerns, check out the CPSC website for questions and answers about crib safety.

At Neblett, Beard & Arsenault, we have seen first-hand the devastation, pain and destruction that these cribs can inflict on a family.  Please help spread the word about the realities of drop-side cribs and encourage friends and family to make informed decisions when purchasing a new crib.

Earlier this year, DePuy Orthpaedics, a division of Johnson & Johnson, initiated a worldwide recall of its ASR hip replacement products because of higher-than-expected failure rates. It has been reported that 1 in 8 patients implanted with the recalled hip systems will have to undergo revision surgery within 5 years. A veteran of complex and class action litigation, Arsenault is a frequent speaker and chair of legal conferences. Arsenault’s firm has filed a lawsuit against Johnson & Johnson DePuy and continues to investigate other claims against the makers of the recalled ASR hip replacement systems.

Alexandria, LA (PRWEB) July 1, 2010 — The U.S. Food and Drug Administration should adopt a proactive approach to food safety such as the one outlined in a new report by the Institute of Medicine and National Research Council, says Louisiana food safety advocate Richard J. Arsenault.

The 500-page report, requested by Congress 18 months ago after a rash of foodborne illness outbreaks, states that the FDA’s current “reactive” model makes inefficient use of its limited resources and relies on a case-by-case approach to gathering and using information on risks.

By switching to a “risk-based” approach outlined in the report, the FDA could better identify problems in the food supply and distribution chain, efficiently direct resources to high-risk areas and catch problems before they turn into widespread outbreaks, the report says.

“More than 300,000 people need to be hospitalized and over 5,000 people die from foodborne illness in America every year, and that number of victims is unacceptable when many of these illnesses could have been prevented,” says Arsenault, whose firm, Alexandria-based Neblett, Beard & Arsenault, has represented hundreds of foodborne illness victims throughout Louisiana and across the country.

“The IOM report, for the most part, sets out a vision for how local, state and federal officials can work together to catch problems before they spread and harm innocent consumers, and I think Congress and the FDA should give serious consideration to its recommendations,” Arsenault says. “It’s not a perfect plan, but it serves as a good blueprint.”

The FDA is charged with ensuring the safety of approximately 80 percent of the nation’s food supply, including seafood, fruits, vegetables and dairy products. The federal agency shares food safety responsibility with the U.S. Department of Agriculture, which oversees meat, poultry and egg products, as well as state and local agencies, which inspect food production facilities.

According to the IOM report, the FDA needs to adopt a system that would increase coordination with those other agencies, and it needs more authority to carry out its mission through amendments to the federal Food, Drug and Cosmetic Act – much of which is currently contained in proposed legislation before the Senate.

The report calls for establishing a centralized food safety data center that would collect information, quickly assess risks and take steps to address food safety problems without competing with other agencies for resources.

To enhance its efficiency, the FDA could also delegate food facility inspections to states and establish national standards for the intensity and frequency of those reviews, the report says.

According to the report, this change would build on current practices in which roughly 60 percent of inspections are already conducted by state inspectors, and it would increase the quality of inspections and avoid duplication of efforts.

The report also asks Congress to consider legislation that would specify the FDA’s authority in facility registration, preventive controls, risk-based inspection, mandatory recall, reporting of adulteration and banning of certain food imports if the public’s health is at risk.

“What is significant to me about this report is that a committee of experts has clearly stated that our current food safety system is inadequate and in dire need of change,” Arsenault says. “Improvements need to be made.”

Since then, the Interior Department has stopped approving any new drilling permits and suspended drilling at 33 wells already exploring for oil in the gulf. The government has said it needs time to do a thorough safety evaluation to ensure that disasters like BP’s blast don’t happen again. But Hornbeck Offshore Services, an oil services company based in Louisiana, filed a lawsuit challenging the moratorium. It argues that there’s no evidence that continued drilling poses any threat of future oil spills, and that halting such operations could cost Louisiana thousands of jobs and millions of dollars in lost wages. The lawsuit is backed by oil companies, Louisiana’s governor and other state officials.

U.S. District Judge Martin Feldman heard testimony from both sides in a two-hour hearing on Monday. He ruled that the Interior Department failed to give adequate reasoning for the moratorium, according to the AP, saying the department assumes that because one rig failed, all companies and rigs doing deep-water drilling are an imminent danger.

“The safeguards and regulations in place on April 20 did not create a sufficient margin of safety,” Justice Department stated at the hearing Monday.

Asked by Feldman why the U.S. government didn’t implement a similar moratorium after the 1989 Exxon Valdez spill, the Government called the Deepwater Horizon blowout a “game changer.”

Feldman, who was appointed by President Ronald Reagan in 1983, has called the case by Hornbeck Offshore Services LLC and other marine service and shipyard companies against the Interior Department a matter “of national significance” and that the case will proceed on a “highly expedited basis.” A federal judge from Houston with a similar case brought June 17 by rig operator Diamond Offshore Co. listened by telephone.

Government lawyers said the Interior Department has demonstrated industry regulators need more time to study the risks of deepwater drilling and identify ways to make it safer. “The safeguards and regulations in place on April 20 did not create a sufficient margin of safety,” argued the Justice Department.

During Monday’s hearing, Feldman asked a government lawyer why the Interior Department decided to suspend deepwater drilling after the rig explosion when it didn’t bar oil tankers from Alaskan waters after the Exxon Valdez spill in 1989 or take similar actions in the wake of other industrial accidents. “The Deepwater Horizon blowout was a game-changer,” said the Government. “It really illustrates the risks that are inherent in deepwater drilling.”

Federal safety officials have said that in the Nissan situation, the wiring that holds the airbags in place may wear down enough to interrupt the signal to deploy the airbags. It appears from this preemptive action, Nissan has learned from the mistakes Toyota made and is erring on the side of caution and consumer safety.

Reasons for Louisiana’s increase may include the brief absence of a motorcycle safety program offered by the state. An estimated 2000 people took the course when offered by the Department of Education. Other reasons include a longer riding season than states with harsher seasonal weather and a higher number of alcohol-related motorcycle deaths.

Motorist also have to keep a vigilant outlook for the much smaller motorcycle. Increased awareness of approaching motorcycles and the elimination of distractions such as text messaging and cell phone will help the driver of a car visualize the motorcycle before it is too late to avoid a crash.

Food Safety Law Firm Investigates Major Outbreak Of  E. coli Linked To Lettuce

Richard J. Arsenault of Neblett, Beard & Arsenault in Alexandria, Louisiana, says the latest cases of food poisoning undermine public confidence in our nation’s food supply.

As another outbreak of E. coli spreads across the nation, prompting a multistate recall of lettuce products, a nationally known law firm involved in food safety litigation has called for stricter enforcement of food processing rules and regulations.

“E. coli in any food product is unacceptable, and once again we’re seeing an outbreak in a popular and widely distributed food item,” said food safety lawyer Richard J. Arsenault, founding partner at Neblett, Beard & Arsenault in Alexandria, Louisiana.

“This type of recall undermines the public’s confidence in our food supply,” Arsenault said. “It’s imperative that the safety of our food become a top priority.”

On May 6, the U.S. Food and Drug Administration announced a multistate recall of shredded romaine lettuce sold by Freshway Foods of Sidney, Ohio. Tests run by the New York State Public Health Laboratory in Albany discovered the presence of the E. coli 0145 in a package of romaine lettuce.

The recalled romaine lettuce was sold to wholesalers, restaurants, delis, and institutions under the brand names Freshway and Imperial Sysco — in the following states: Alabama, Connecticut, the District of Columbia, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia and Wisconsin.

Consumers who purchased romaine lettuce from in-store salad bars and delis including those at Kroger, Giant Eagle, Ingles Markets, and Marsh stores in the states previously listed should throw the product away, according to a recall notice on the FDA site. Bulk, prepackaged romaine or bagged salad mixes containing romaine that were purchased in supermarkets are not included in the recall; Freshway Foods does not produce those products, according to the FDA.

So far,  victims of the illnesses are mostly college students in Ohio, Michigan and New York, but the outbreak may expand as the recall spreads public awareness of the hazard. As of May 7, there are 19 individuals that have become ill from E. coli O145 with as many as ten other illnesses the CDC suspects are linked. Many of the victims have been hospitalized and three of the victims have developed hemolytic uremic syndrome (HUS), a life threatening complication. The food safety attorneys at the law offices of Neblett, Beard & Arsenault are currently investigating claims on behalf of E. coli victims who believe their illnesses are part of this multistate outbreak.

Fruits and vegetables, like romaine lettuce, can carry pathogens from the soil or water, or become contaminated during processing. Leafy greens are the produce most often associated with foodborne illness. It is not yet known how the lettuce may have become contaminated with E. coli 0145.

“E. coli” is part of a diverse group of bacteria, many of which are harmless or even beneficial; however, shiga toxin-producing strains like E. coli 0145 and E. coli 0157 can be dangerous.  These serotpes produce a poison that can cause the blood to improperly clot resulting in organ failure.

“While studies show that outbreaks of E. coli 0157:H7 are on the decline, it is troubling to think that outbreaks linked other E. coli strains could be taking O157’s place,” concluded Arsenault.

Clearly the economy played a large role in the decline of motorcycle deaths in 2009. A study by the National Governors Conference cautions against putting too much stock in the national decrease as there is much more work that needs to be done to improve motorcycle safety.

The State of Louisiana suspended its motorcycle-safety program, the Motorcycle Safety Awareness and Operator Training Course, for the last six months of 2009 for budgetary reasons. An estimated 2,000 people per year took the course offered by the Department of Education. Louisiana law does not require any special motorcycle endorsement for a driver’s license. Louisiana traditionally ranks higher in the number of alcohol-related motorcycle crash deaths compared to the rest of the country. With only a helmet and leather to protect them from injury, motorcyclists are generally considered more vulnerable in crash studies.

The good news is that the relatively quick response reflects Toyota’s promise to respond faster to safety concerns after being accused by federal investigators of dragging its feet on recalls to address faulty gas pedals. Toyota was fined a record $16.4 million by the U.S. Transportation Department as a result. The bad news is that yet another Toyota model is now suspected of having serious safety issues and adds to the blow its reputation has already taken. Lexus will provide a loaner car for any customer who purchased a 2010 GX460 and is concerned about the safety of driving the vehicle. Customers can call 800-255-3987 for more information.

Toyota has a long way to go to regain consumer confidence after the recent recall of millions of its vehicles after reports of numerous accidents, injuries and deaths involving faulty accelerators. Toyota’s CEO admitted the company had lost focus on safety during its unprecedented growth. Profit should never come at the expense of innocent victims relying on the safety of the products they purchase.

Emergency rescuers could not get close because the flames were too hot. The police officer and his cousin who was also killed were in the SUV. Investigators also mistook the SUV for a small car. Also killed were the drivers of the 18-wheelers. The driver of the broken down 18-wheeler on the shoulder was asleep in the cab and not injured. He was cited for failure to properly display warning devices for a disabled vehicle on the shoulder. The Federal Motor Carrier Safety Regulations require the 18-wheeler driver to take immediate steps to protect the motoring public. Part 392.22: Emergency signals; stopped commercial motor vehicles.

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) and Health Canada (HC), in cooperation with Infantino LLC, of San Diego, Calif. are announcing a free replacement program for the Infantino “SlingRider” and “Wendy Bellissimo” infant slings. One million of these infant slings are being recalled in the United States and 15,000 are being recalled in Canada. CPSC advises consumers to immediately stop using these slings for infants younger than four months of age due to a risk of suffocation and contact Infantino for a free replacement product.

CPSC is aware of three reports of deaths that occurred in these slings in 2009; a 7-week-old infant in Philadelphia, Pa.; a 6-day-old infant in Salem, Ore.; and a 3-month-old infant in Cincinnati, Ohio.

The Infantino “SlingRider,” is a soft fabric baby carrier with a padded shoulder strap that is worn by parents and caregivers to carry an infant weighing up to 20 lbs. “Infantino” is printed on the plastic slider located on the strap. “Infantino,” “SlingRider” and the item number are printed on the instruction/warning label inside the baby sling carrier. “Wendy Bellissimo” branded sling carriers were sold exclusively at Babies “R” Us and have a sewn-in label on the inside of the sling strap that says in part “Wendy Bellissimo Media, Inc.” and lists Item numbers 3937500H7 and 3937501H7.

Infantino LLC sold the slings in the United States and Canada from January 2003 through March 2010 at Walmart, Burlington Coat Factory, Target, Babies “R” Us, BJ’s Wholesale, various baby and children’s stores and other retailers nationwide, and on the Web at Amazon.com, for between $25 and $30.

The product was manufactured in China and Thailand.

Consumers should stop using the recalled slings immediately and contact Infantino to receive a free replacement product, with a choice of a Wrap & Tie infant carrier, or a 2 in 1 Shopping Cart Cover, or a 3 in 1 Grow & Play Activity Gym. A Jittery Pals Rattle will also be provided. Contact Infantino toll-free at (866) 860-1361 between 8 a.m. and 4 p.m. PT Monday through Friday, or visit the firm’s Web site at www.infantino.com.

Outbreaks of foodborne illness are on the increase, affecting millions of people each year who unknowingly eat contaminated foods. A recent study suggests that foodborne illness kill 5,000 Americans and cost $152 billion per year. To assist victims of foodborne illness and their families, Neblett, Beard & Arsenault, a nationally recognized injury law firm, is launching an informative Web site called MyFoodAdvocate.com.

“People who have been diagnosed with foodborne illnesses or suspect they have one often have questions about the illness and how they got it,” said Richard J. Arsenault, a partner in Neblett, Beard & Arsenault. “They can find detailed information about the most common foodborne illnesses and foods associated with them at our new Web site.”

The site can be viewed at http://www.myfoodadvocate.com.

Arsenault said the new Web site reflects the high priority that the Alexandria, LA based law firm places on food safety and preventing foodborne illnesses. Foodborne illnesses are surprisingly common, affecting roughly one out of four people in the United States each year. The illnesses often target the most vulnerable members of society—the young, the elderly and those with weakened immune systems.

The new Web site features menu items addressing various aspects of foodborne illness and food poisoning, including pathogens that cause foodborne illness such as Salmonella, and E. coli, specific illnesses, risky foods, who is most at risk, how to protect yourself, where you’re likely to contract foodborne illness and recent outbreaks.

“The frequency and severity of foodborne illness outbreaks are troubling, as some of the nationally publicized cases we’ve handled underscore,” Arsenault said. “You can eat a healthy diet, get exercise and still contract a foodborne illness from contaminated food so everyone is vulnerable. That’s why it’s important to bring more attention to foodborne illness and food safety.”

The Web site contains customized state pages for residents of Louisiana, Texas, Arkansas and Mississippi. The pages have information about recent outbreaks of foodborne illness in each state and contact information for state health authorities and regulatory agencies that track foodborne illness. A video on the Web site features an interview with Arsenault about foodborne illness.

The owner of the bus company, Cayetano Martinez of Los Angeles, had previously been shut down by FMCSA, only to attempt to “reincarnate himself as a new carrier” and unsuccessfully attempted to gain U.S. Department of Transportation operating authority under a new name. “Martinez has shown a persistency and determination to continue operating under new entities and business,” the complaint states. The consent decree also prohibits Martinez, or any affiliated company, “from contracting with or arranging for additional transportation of passengers unless the contracted motor carrier possesses valid operating authority registration from FMCSA.”

The safety of the motoring public and the bus passengers demand enforcement, shutting down, and removal of unauthorized motor carriers from the interstate roads before such a tragedy.

Here is the official press release from the FMCSA:

Illegal Interstate Bus Company Is Ordered to Cease All Operations Immediately FMCSA Obtains Emergency Action to Shut Down Carrier

WASHINGTON, D.C. – Following an emergency request by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), the United States District Court for the Central District of California on Saturday ordered the owner of Tierra Santa Inc, the illegal bus company involved in a March 5 fatal crash near Phoenix, Arizona, to immediately cease all interstate and international passenger service.

The carrier ceased operation on the evening of Friday, March 5 at the demand of FMCSA. Saturday’s order makes that shutdown enforceable by the Court.

FMCSA’s complaint states that the owner of the bus company, Cayetano Martinez of Los Angeles, had previously been shut down by FMCSA, only to attempt to “reincarnate himself as a new carrier” and unsuccessfully attempted to gain U.S. Department of Transportation operating authority under a new name.

“Martinez has shown a persistency and determination to continue operating under new entities and business,” the complaint states.

The consent decree also prohibits Martinez, or any affiliated company, “from contracting with or arranging for additional transportation of passengers unless the contracted motor carrier possesses valid operating authority registration from FMCSA.”

The consent decree does not absolve Martinez from possible future civil penalties by FMCSA for violations of federal motor carrier safety regulations.

“It is absolutely essential that unsafe carriers like this one be taken off the road,” said U.S. Transportation Secretary Ray LaHood. “Safety is our number one priority at the Department of Transportation and we will not rest until this accident has been fully investigated.”

“FMCSA investigators are working tirelessly so that we can prevent such a senseless loss of life from happening again,” said FMCSA Administrator Anne S. Ferro. “We thank the United States Attorney’s Office for their outstanding partnership in bringing this emergency action forward so quickly.”

A review of past headlines illustrate the vast number of defective products that have caused a multitude of injuries and cost Americans dearly: Bridgestone and Firestone tires, prescription drugs Vioxx, Baycol and Halcion, dietary supplement ephedra, medical devices like Guidant defibrillators, Medtronic pacemaker leads,and  Dalkon Shield; silicon breast implants, asbestos, and tobacco products just to name a few. Litigation has resulted in recalls of numerous products including Ford Pinto and Explorer, Chrysler minivans, baby cribs and strollers and infant car seats, children’s Tylenol, flammable clothing, birth control medication and devices, tainted food products, and the most recent Toyota vehicles causing unintended acceleration just to name a few.

Aviation litigation has resulted in a drastic drop in the number of crashes and deaths involving aircraft. According to the Consumer Federation of America, there has been a dramatic change in the rate of accidental deaths and injuries since the enactment of products liability laws and stiffer regulation. As a result they estimate that approximately 6,000 deaths and millions of injuries have been prevented on an annual basis.

People are powerless to protect themselves against defective products and the harm they cause without these laws and regulation, as well as the courageous attorneys willing to take on the manufacturers. Beware of the political hue and cry for so-called “tort reform” by business interests and insurance companies trying to gut these important safeguards. Those who support such disingenuous political initiatives just may end up being the victim of a dangerous product without legal recourse to compensate them for the resulting injuries.