N.J. Court Affirms Record $30.3 Million Award in Asbestos Exposure Case

A New Jersey appeals court on Monday upheld a $30.3 million verdict in an asbestos-exposure mesothelioma case, the largest known award in the state.

The defendants lost on every issue, including the standard of causation to be applied in light of the plaintiff's short history of working with asbestos-laden materials.

The suit, Buttitta v. Allied Signal, A-5263-07, was brought by Susan Buttitta whose husband, Mark, a 50-year-old advertising executive from Glen Ridge, died from mesothelioma in 2002, a year after he was diagnosed.

In February 2008, a Bergen County jury awarded damages of $8 million for pain and suffering; $2 million for loss of consortium; $9,281,660 for lost earnings; $2,030,544 for loss of services; and $3 million to each of Buttitta's three daughters for loss of parental care.

Dozens of companies were sued but only two -- Borg-Warner Corp. and Asbestos Corp. Ltd. -- were the left by the time of the verdict. Two others, C.L. Zimmerman Co. and Honeywell International, settled during trial, while General Motors Corp. settled beforehand, all three on confidential terms.

The suit combined direct exposure claims characteristic of traditional asbestos litigation with indirect or "take home" exposure, as recognized by the state Supreme Court in Olivo v. Owens-Illinois, Inc., 186 N.J. 394 (2006).

Buttitta was allegedly exposed as a child to asbestos by his father, who handled brakes and clutches containing asbestos working at a GM warehouse in Bloomfield and carried the fibers home on his work clothes.

Buttitta also encountered asbestos directly in the early 1970s, when he was in college and spent summers and winter breaks working at a GM warehouse in Englewood handling auto parts.

On appeal, Borg-Warner and Asbestos Corp. raised such issues as what standard of causation applies in a mesothelioma case; whether a preliminary hearing was needed to admit testimony of the plaintiff's expert; whether liability should be allocated against the settling defendants; and whether remittitur should have been granted.

On causation, the appeals judges agreed with Superior Court Judge Brian Martinotti that the "frequency, regularity and proximity" test for asbestosis cases should be viewed differently in the context of a claim involving mesothelioma which, unlike asbestosis, can develop from infrequent exposure to a relatively small amount of asbestos.

Thus, Buttitta's "rather brief work history" with asbestos was sufficient to establish medical causation of mesothelioma 30 years later, Judges Francine Axelrad, Clarkson Fisher and Paulette Sapp-Peterson held in a per curiam unpublished opinion.

Another causation-related issue was Martinotti's decision to allow deposition testimony from an unrelated case in Texas to be read to the jury.

Part of Borg-Warner's defense was that its asbestos-related products were not present in the GM warehouse when Buttitta worked there. It was tough to prove because Borg-Warner had destroyed its records of sales to GM facilities in New Jersey when it got out of the clutch business.

The disputed testimony was from John Froning, former manager of GM's clutch and manual transmission group, who testified in the Texas case that from the early 1960s to the mid-1980s Borg-Warner was GM's "prime" supplier of clutches.

Borg-Warner tried to keep out Froning's testimony as irrelevant, but the appeals court agreed with Martinotti that the real question was whether the testimony was too circumstantial, which was for the jury to decide.

The panel also saw no merit in Borg-Warner's argument that Martinotti should have held a hearing on whether to admit the testimony of plaintiff's experts. The company called "novel and unsupported" their opinions that asbestos fibers in Buttitta's biopsied lung tissue were consistent with occupational rather than background exposure, that there was no safe level of exposure and that Buttitta's exposure caused his mesothelioma.

The appeals court said it didn't matter that no expert could identify the specific asbestos-containing product causing the mesothelioma, given Buttitta's testimony about having handled dust-covered boxes and automobile parts.

The judges also rejected the argument that part of the verdict should be allocated against settling defendants GM, Honeywell and Zimmerman, finding no error in Martinotti's denial of a request to include them on the verdict sheet. There was insufficient evidence to allocate liability, the court said, despite evidence that Buttitta was exposed to asbestos-containing parts made by all three and the fact that a reasonable jury could conclude that those other parts were concurrent causes of his death.

Borg-Warner also lost its argument that the $11,030,544 awarded for loss of spousal and parental services was excessive and should have been remitted to $1,088,754, the amount set by the plaintiff's expert.

The appeals judges deferred to Martinotti's "feel of the case" in denying remittitur, saying the award "may have been generous, as recognized by the judge, but it was based on the undisputed evidence that Mark was an active and engaged father, and would have been expected to provide significant intangible services to his children such as guidance, training and counseling."

Asbestos Corp., a Quebec, Canada, company that supplied asbestos to GM and Zimmerman, unsuccessfully appealed rulings that found New Jersey courts had personal jurisdiction over the company and imposed sanctions -- striking its answer and defenses and limiting its role at trial -- for its failure to comply with discovery rulings that allegedly clashed with Quebec law.

Arnold Lakind, of Szaferman, Lakind, Blumstein & Blader in Lawrenceville who argued the appeal for the plaintiff, says he is not aware of a larger mesothelioma verdict in the state.

The second largest one he knows of is also one of his cases, a $7.8 million verdict against ExxonMobil in May 2008. Plaintiff Bonnie Anderson claimed she contracted mesothelioma from laundering clothing worn by her husband to his job at the Exxon Bayway Refinery in Elizabeth. Oral argument of ExxonMobil's appeal is set for April 26.

Borg-Warner's attorney, Paul Zidlicky of Sidley Austin in Washington, D.C., declines comment. The company, now known as Burns International Services Corp., was also represented by Norah Grimbergen of Hoagland Longo Moran Dunst & Doukas in New Brunswick.

This article was written by Mary Pat Gallagher of The New Jersey Law Journal

http://www.law.com/jsp/article.jsp?id=1202447541716

At some point in our lives, nearly all of us have been exposed to asbestos in the air we breathe and water we drink either from natural deposits in the earth or from the deterioration of asbestos products around us. Asbestos is a toxic occurring mineral that was found in thousands of products-from 1940-1980. If you have developed lung cancer or mesothelioma because of an exposure to asbestos, do not hesitate to call Murphy Law Firm at 225-928-8800.

http://www.batonrougeinjuryaccidentattorney.com/mesothelioma.html

Toyota faces $16M fine, accused of hiding defect

WASHINGTON — Federal safety regulators said Monday that they intend to fine Toyota Motor $16.4 million — the largest ever penalty against an automaker — for failing to disclose problems with sticky accelerator pedals quickly enough.

The National Highway Traffic Safety Administration said Toyota knew in September that it had a problem with accelerator pedals that required fixing, but failed to recall 2.3 million vehicles until January — four months later.

In taking the step, federal authorities are sending the strongest signal yet that they believe the automaker deliberately concealed safety information from them.

"We now have proof that Toyota failed to live up to its legal obligations," Transportation Secretary Ray LaHood said. "Worse yet, they knowingly hid a dangerous defect for months from U.S. officials and did not take action to protect millions of drivers and their families."

Auto manufacturers are legally obligated to notify NHTSA within five business days if they determine a defect exists. NHTSA said it learned after reviewing Toyota's records that it had known of the pedal defect since at least Sept. 29, 2009.

NHTSA outlined its findings in a five-page letter to Toyota late Monday and gave the company until April 19 to respond in writing. NHTSA said it will go to court to impose the fine if Toyota raises objections.

A Toyota spokeswoman, Cindy Knight, said in a statement that the

company had not yet received a letter from the agency about the fine.

"We have already taken a number of important steps to improve our communications with regulators and customers on safety-related matters as part of our strengthened overall commitment to quality assurance," Knight said.

The $16.375 million penalty is the maximum NHTSA can levy under law. Congress increased the penalties in 2000. Previously, its largest fine was $1 million against General Motors in 2004 for failing to disclose a defect with windshield wipers in 600,000 vehicles for more than two years. Toyota could face more fines as the agency continues to investigate.

"We will continue to hold Toyota accountable for any additional violations we find in our ongoing investigation," NHTSA Administrator David Strickland said.

The fine against Toyota comes just six weeks after the NHTSA launched an investigation into the timeliness and scope of the automaker's three recent recalls. About 2.3 million vehicles were recalled in January for the sticky pedal defect. Toyota has separately recalled 5.4 million vehicles over issues with gas pedals becoming entangled with floor mats, with some covered by both.

Reviewing Toyota's records, NHTSA learned that the automaker issued repair procedures Sept. 29 to its distributors in 31 European countries and Canada to address complaints of sticky accelerator pedals and sudden acceleration. Documents show Toyota was aware that U.S. consumers were experiencing the same problems, the agency said.

NHTSA also obtained hundreds of e-mails from Toyota that support its conclusion Toyota knew of the issue last year.

The agency has received more than 3,000 complaints of runaway Toyota vehicles since 2000, alleging at least 51 deaths.

The penalty is a financial pittance for Toyota, which had revenue of $209 billion last year, but could add to its public relations woes. The company has endured congressional hearings and a torrent of bad publicity over the sudden acceleration problem.

Sid Shapiro, a law professor at Wake Forest University and vice president of the Center for Progressive Reform, a legal research organization, questioned whether the Toyota fine would be effective.

"It's good news that NHTSA is being an aggressive regulator, but you have to have doubts whether a $16 million fine is going to have a deterrent effect on automobile companies that are worth billions of dollars," Shapiro said.

But Mike Rozembajgier, director of recalls for Expert- RECALL, a consulting firm that helps manufacturers conduct product recalls, said the amount of the fine might be less important than the reasoning behind it.

Toyota reported strong March sales, helped by the generous incentives it introduced after the recalls. But Rozembajgier said its customers could be less supportive should it turn out Toyota tried to hide the defects, as the government contends.

"If it was done knowingly," he said, "then it certainly becomes a game-changer for consumers."

NHTSA, which came under harsh scrutiny for conducting eight investigations into sudden acceleration issues at Toyota since 2000 and doing little, is now taking a far more aggressive stance with automakers.

This article was written by David Shepardson of The Detroit News

http://www.mercurynews.com/breaking-news/ci_14826155?nclick_check=1

Defective products harm millions of people each year. Manufacturers should be held responsible for design detects, improper safety devices and manufacturing defects. If you or someone you know have been injuried as a result of defective product, please don't hesitate to call our office at 225-928-8800. Don't Be A Victim Twice.
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Out of Control Tanker Crushed Three Vehicles, 2 Injured

A speeding tanker crashed and rolled over three cars and injured two people on Route 2 in Lincoln, Tuesday, January 12, 2010, according to the Boston Globe.

Nancy James quickly turned and looked in her mirrors and made a sharp left turn when she saw the out of control tanker. The tanker continued up the road and crushed her vehicle and two others at 9 a.m. in the westbound lanes at Crosby's corner.

Police reported that the driver of the tanker, identified as 47-year-old John Revene, suffered sever injuries in the rollover crash. Revene was transported via trauma helicoptor to be treated at Massachusetts general hospital.

Nancy James was miraculously unscathed when the tanker crushed her 2007 Toyota Avalon, and damaged every part of the vehicle except the drivers side. A witness of the crash pulled Nancy out of her dilapidated vehicle to safety. Another driver, 52-year-old Elizabeth Buchanan, was traveling in her 2006 Toyota Matrix when the back of the tanker rolled over her vehicle.

Elizabeth survived with minor injuries and was taken for treatment at Emerson Hospital. Police reported that 48-year-old Christiana Rabich, was driving her 2000 Chrysler minivan when the tanker struck and crished the van with the cab of the tanker.

The Department of Transportation (DOT) officials examined the tanker to make sure the vehicle was working properly and found no mechanical issues. The tanker had been carrying 8,500 gallons of fuel at the time of the crash. The tanker, which was owned by Trans-Spec Truck Services Inc., reportedly stated that they had never had an accident like this occur involving one of the company trucks.

Investigatores reported that the truck driver was driving the wrong route when the accident occured.

Route 2 was colsed until 11:30 a.m. and traffic was diverted traveling both directions. The accident caused authorities to close Route 2 and divert traffic heading both directions. The investigations continues.

This article was provided by Bridget Horn of http://www.NewYorkInjuryNews.com
http://www.personalinjurynewsblog.com/personalinjury/out-of-control-tanker-crushed-three-vehicles-2-injured/

If you or someone you know has been injured due to an accident with an 18 Wheeler, please do not hesitate to call Murphy Law Firm at 225-928-8800. Don't Be A Victim Twice!

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Chemical Restraint Alleged In Nursing Home Deaths

We've been following the issue of nursing home abuse for some time. As a matter-of-fact, yesterday we wrote that a Brooklyn nursing home was ordered to pay $19 million in damages to a family whose love one allegedly died as a result of abject neglect. Now, ABC World News is reporting that a California nursing home used chemical restraints - drugs - to silence residents. In some cases, this practice was fatal.

It seems the practice was ongoing since at least 2003 at the Kern Valley Nursing Home, said ABC. Nursing Director, Gwen Hughes would chemically restrain complaining or annoying patients with strong anti-psychotic medications, said ABC. Hughes' practices were so intense that three residents at the nursing home died, added ABC.

Jerry Brown, California Attorney General, said that Hughes had a patient medicated for "glaring" at her; another patient was chemically restrained for tossing a milk carton, according to ABC. Brown said, "In a couple cases, elderly people were actually held down, restrained against their will, and given excessive amounts of medicine to keep them quiet," quoted ABC, which added that patient were seen "drooling, dehydrated, and dangerously thin." Worse, Hughes was previously terminated from another California facility for over-dosing patients, said ABC.

On a number of occasions we have written about the dangerous issue surrounding the dosing of medications to the elderly, specifically antidepressants, anti-pyschotics, and sedatives. Sometimes these medications are given for seemingly pointless reasons and, on occasion, these medications appear to be linked to falls and other accidents in the elderly. Science Daily recently reported that such accidents among the elderly are "significantly" linked with these drugs - sedatives to help patients sleep and drugs used to treat mood disorders - citing a study conducted by an expert in "pharmaceutical outcomes research" out of the University of British Columbia. The study was published in the November 23 issue of the Archives of Internal Medicine.

We also recently wrote that the Chicago Tribune broke with an expose on how some powerful psychotropic drugs are given to nursing home residents in Illinois without consent and valid psychiatric diagnoses. Some have suffered from a variety of adverse responses that include, said the Tribune, "tremors, dangerous lethargy, and a higher risk of harmful falls or even death." The Tribune said it found 1,200 violations affecting 2,900 patients since 2001, all involving psychotropics; however, it is believed that the figures are higher given the dearth of regular investigations. According to the Tribune, some sites only inspect once very 15 months, and generally only conduct spot checks.

Yesterday, three officials from Kern appeared at a hearing on elder abuse charges from 2003 to 2007 and included Hughes; administrator Pamela Ott, and Dr. Hoshang Pormir, staff physician. said ABC. All three, who pleaded not guilty, face up to 11 years of prison time, said ABC, adding that the preliminary hearing is scheduled March 9, 2010. Debbie Gayle Hayes, a former pharmacist at Kern accepted a plea bargain only if she can testify for the prosecution.

When seniors are abused - emotionally, physically, financially, sexually, or through neglect - the risk of death increases by more than double, according to a recent study, said Medicine net recently. Sadly, according to the Food and Drug Administration (FDA) data, anti-psychotics that are inappropriately prescribed, kill 15,000 nursing home patients annually, said ABC.

This article was provided by NewsInferno.com
http://www.newsinferno.com/archives/17922#more-17922

If you or someone you know has a family member that has been abused or neglect while staying in a nursing home, please call the personal injury attorneys at Murphy Law Firm at (225)928-8800 or visit our website at http://www.batonrougeinjuryaccidentattorney.com/medical%20malpractice.html

Habitat for Humanity Used, Distributed Chinese Drywall in New Orleans Following Hurricane Katrina

Chinese drywall was apparently used in more than 600 New Orleans homes built by nonprofits, such as Habitat for Humanity, following Hurricane Katrina. That tally includes about half of the 72 single-family homes and fives duplexes in the "Musician's Village," one of Habitat's most successful post-Katrina rebuilding projects.

Hurricane Katrina was a major factor in the development of the Chinese drywall crisis. Te massive rebuilding that followed the 2005 storm, along with the housing boom that led to the large-scale importation of Chinese wallboard. Of the 2,702 Chinese drywall that complaints made to the Consumer Products Safety Commission (CPSC), more than 500 originated with Louisiana homeowners. Many of the homes in the state rebuilt after Katrina, especially in and around New Orleans, contain Chinese drywall.

According to a report on HeraldTribune.com, Habitat for Humanity and charities it supplied built as many as 600 homes using wallboard made by Taishan Gypsum Co., a company controlled by the Chinese government. In fact, starting in early 2007, a stockpile of Taishan drywall - 120,000 sheets - became Habitat's main source of wallboard, and the organization even continued using the Taishan product until last month. It only stopped after it received a form letter from the CPSC in November stating that Chinese drywall not to be moved or sold without prior notification to the federal government.

Taishan has been accused of being a major culprit in the Chinese drywall disaster. In fact, lawsuits against Taishan will be among the first to go to trial next month in the Chinese drywall multi-district litigation issued a default judgement against Taishan for failing to respond to lawsuits.

Officials with Habitat in New Orleans insist that the Taishan drywall it used has not caused any problems, and told HeraldTribune.com that tests it conducted in March proved the wallboard did not contain any of the sulfur compounds linked to corrosion and other problems. But according to the HeraldTribune.com report, Habitat only tested a few indoor air samples, not the actual drywall, to reach that conclusion. The CPSC and other government agencies investigating the drywall problems have already said that such tests likely won't detect tainted wallboard.

A New Orleans Habitat official told HeralTribune.com that the organization has only received 2 complaints about drywall problems, but neither checked out. One home was built too early, and did not contain Taishan drywall, while the other did not have a common problems. The official said that if the Taishan drywall was causing problems in homes, "we think we would have heard something from our families by now." Unfortunately, it is well known that corrosion, odors and other problems with Chinese drywall often don't show up until 12 to 24, so its really too early to say that all homes built with Habitat's Taishan drywall are safe.

Despite the fact that it stopped using the Taishan drywall, Habitats official in New Orleans still maintain the organization's stockpile was safe. According to HeraldTribune.com, Habitat has not conducted any targeted inspections of the homes it built to look for corrosion, and has no contingency plan in place should any corrosion problems surface.

This article was provided by NewsInferno.com
http://www.newsinferno.com/archives/17743#more-17743

Defective products are millions of people a year and cause millions of dollars of damage. In New Orleans, there is a growing trend of property damage and health concerns caused by a batch of contaminated drywall used to build and repair homes after Hurricane Katrina. If someone you know has been affected by a defective product of some kind, please don't hesitate to call Murphy Law Firm at 225-928-8800 or visit our website below concerning defective products.
http://www.batonrougeinjuryaccidentattorney.com/defective%20products.html

Boat driver: Coast Guard vessel sped before crash

SAN DIEGO(AP) - Alan Deweese's lights were on, he says, when a U.S. Coast Guard boat rammed his 26-foot Sea Ray, killing his 8-year-old son and injuring five others aboard.

The lights are just one reason witnesses and survivors are struggling to understand why the Coast Guard boat crashed into the packed recreational boat Sunday night at the 38th annual San Diego Bay Parade of Lights, a popular showcase for boats decked in Christmas lights.

DeWeese had borrowed his father's boat and invited two other families to watch the parade on its 5-mile route past downtown skyscrapers and the famed Coronado Bridge. The 33-foot Coast Guard patrol boat, meanwhile, was responding to a report of a grounded vessel.

"It seems like it was going full speed when it hit," said Barbara Maloney, who watched from her 6th-floor hotel room. "We didn't notice them slow down at all. I assume they didn't see it."

The Coast Guard has not yet provided answers. It expressed condolences to the DeWeese family Monday and said three probes were under way. The National Transportation Safety Board sent investigators to San Diego, and the Coast Guard and San Diego harbor Police also are investigating.

"We look forward to discovering what the facts were," Capt. Thomas Farris, commander of the Coast Guard's San Diego sector, told reports Monday.

There were 13 people aboard the DeWeese boat Sunday, Anthony Cole DeWeese, 8, died in the crash. Two other children were injured and taken to Rady Children's Hospital, and three adults were transported to University of California, San Diego Medical Center, Fire Department spokesman Maurice Luque said.

None of the five people on the Coast Guard boat were injured.

Bob Furry was watching from his hotel room when he said he saw a boat blaze across the bay with a flashing blue light.

"We said, 'Jeez, it's going really fast.' We thought it was some kind of hot-dogger," he said.
Alan DeWeese turned around, but it was too late. He estimates the Coast Guard boat was traveling 35 mph to 45 mph and that he was moving no faster than 3 1/2 mph.

"I thought, why is he going to fast? I figured he was going to turn at same point but he kept coming at us," DeWeese, 44, told The Associated Press on Monday.

He came up so fast I didn't have time to react," DeWeese said.

Roger DeWeese said his deceased grandson had been an ice hockey goalie.

"He was a spark plug," said DeWees, who was not on the boat during the crash. "He liked just about everything."

The boy's father, also a hockey player, said his son enjoyed life to the fullest.

During the parade in San Diego Sunday, boaters festooned the decks with Christmas lights. In keeping with this year's theme, "Christmas at the Zoo," some participants dressed up as giraffes and pandas.

There were about 80 boats in this year's parade, from a 12-foot canoe to a 157-foot yacht.
The parade drew about 80,000 people on Dec. 13 and again Sunday, said Ron Sheehan, vice chairman.

This article was written by Elliot Spaga of The Associated Press with the help of Greg Risling of The Associated Press in Los Angles.
http://news.findlaw.com/ap/other/1110/12-22-2009/20091222010507_06.html

If you have been involved in an accident while on a boat, please contact Murphy Law Firm at 225-928-8800.

Recall of 2.1 million is biggest for cribs yet: Regulators get reports of four infant suffocations

WASHINGTON - The head of the Consumer Product Safety Commision conceded Tuesday the agency "hasn't been acting as quickly as it should" on crib safety problems.

Interviewed on morning news shows in the wake of the largest-ever recall of cribs, Chairman Inez Tenenbaum pledged that the CPSC would "firmly but fairly" enforce a law Congress passed last year giving regulators greater authority to police the industry.

More than 2.1 million drop-side cribs by Stork Craft Manufacturing of Canada are being recalled following the reports of four infant suffocations. The CPSC said the recall involves 1.2 million cribs in the United States and almost 1 million in Canada, where Stork Craft is based. Sales of the cribs being recalled go back to 1993 and nearly 150,000 of the cribs carry the Fisher-Price logo.
The agency said the drop-side cribs have a side that moves up and down to allow parents to lift children from the cribs more easily. It also said there have been 110 incidents of drop-sides detaching form the cribs,

Asked Tuesday whether people should abandon such cribs, Tenenbaum said she recommends that. And she said consumers also could order plastic kits from the manufacturer to immobilize crib sides.

"The commission will write regulations in the next few months and we will look at this issue about drop-sides," Tenenbaum said. "But I don't think the drop-sides will be part of cribs in the future."

The Stork Craft cribs have had problems with their hardware, which can break, deform or become missing after years. CPSC said there can also be problems with assembly mistakes by the crib owner. These problems can cause the drop-sides to detach, creating a dangerous space between the drop-side and the crib mattress, where the child can become trapped.

The cribs, which were manufactured and distributed between January 1993 and October 2009, were sold at major retailers including BJ's Wholesale Club, Sears and Wal-Mart stores and online through Target and Costco. They sold for between $100 and $400, and were made in Canada, China and Indonesia.

Calls to Stork Craft were not immediately returned.

This is the second big recall this year for the company. It recalled about 500,000 cribs in January because of problems with the metal brackets that supports the mattress. Some of the models in the earlier recall were also part of Monday's announcement, CPSC said.

Tenenbaum was asked why federal regulators hadn't stepped in sooner.

"We have just not been acting as quickly as we should have at the Consumer Product Safety Commission on these types of incidents," she replied. "I have just been appointed a few months ago to chair of the Consumer Product Safety Commission and this case came in front of me just a few weeks ago."

Consumer advocates have complained for years about the drop-side cribs. More than 5 million of them have been recalled over the past two years alone - recalls that were associated with the deaths of a dozen young children.

ASTM International, an organization that sets voluntary industry safety standards for everything from toys to the steel used in commercial building, approved a new standard last week that requires four immovable, or fixed, sides for full-size cribs - essentially eliminating the manufacture of drop-side cribs.

CPSC is also considering new rules for making cribs safer and could adopt the ASTM voluntary standard as a mandatory one, outright banning the cribs.

Nancy Cowles, executive director of Chicago-based Kids In Danger, said the agency must include more rigorous testing for crib durability. "Parents should be able to trust that their child is safe in their crib," said Cowles.

Toys"R"Us started phasing out drop-side cribs earlier this year and will no longer carry them next month

In the Stork Craft recall, the manufacture date, model number, crib name, country of origin, and the firm's name, address and contact information are located on the assembly instruction sheet attached to the mattress support board. The firm's insignia "storkcraft baby" or "storkling" is inscribed on the drop-side teething rail of some cribs.

This article was written by Jennifer C. Kerr of the Associated Press
http://www.chron.com/disp/story.mpl/moms/6736037.html

Defective products harm millions of people each year. Manufacturers should be held responsible for design detects, improper safety devices and manufacturing defects. If you or someone you know have been injuried as a result of defective product, please don't hesitate to call our office at 225-928-8800. Don't Be A Victim Twice.
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Pfizer told to pay $28 mln damages in Prempro case

NEW YORK, Nov 23 (Reuters) - A Philadelphia jury on Monday ordered Pfizer Inc to pay $28 million in punitive damages to a breast cancer survivor who had used the company;s hormone replacement drugs for 11 years.

That followed a $6.3 million award the jury ordered Pfizer to pay in compensatory damages on Friday after deciding that the drugs Premarin, Prempro, and Provera contributed to her cancer, and that the drugmakers failed to adequately warn about the risks associated with the medicines.

Pfizer inherited hundreds of personal injury lawsuits involving Premarin and Prepro, which are used to counter the effects of menopause, with its recent $67 billion acquisition of Wyeth. Provera is sold by Pharmacia & Upjohn, which Pfizer acquired in 2003.

Pfizer, the world's biggest drugmaker, said it would challenge the latest verdict and another earlier verdict that went against Wyeth.

The punitive damages in the earlier case, which were unsealed on Monday was $75 million on top of a nearly $4 million compensatory award.

After rendering its verdict along with the $6.3 million award on Friday, the 12-member jury in the Philadelphia Court of Common Pleas decided that the drugmakers' actions or inactions equaled reckless disregard for plaintiff Donna Kendall's health and came back with the larger punitive damages figure.

"Today signals a resounding victory for not only Donna Kendall, but for all women who suffered breast cancers at the hands of Wyeth and Upjohn," Kendall's attorney Tobi Millrood said.

"This jury sent Wyeth and (Pharmacia &) Upjohn a message loud and clear that their actions were reckless and they should not be conducting themselves in a way that puts greed in front of health," Millrood added.

Pfizer said it was disappointed by the verdicts in this and the earlier case.

"The company believes that neither the awards of punitive damages nor the liability verdicts were supported by the evidence or the law. We plan to challenge both decisions in post-trial motions and, if necessary, though an appeal," Pfizer spokesman Chris Loder said in a statement.

"The company stands by its belief that its subsidiaries acted responsibly by providing proper and accurate warnings regarding the hormone therapy medicines' risks," Loder added.

Kendall, 66, of Decatur, Illinois, had been taking Prempro as well as Provera for a total of 11 years when she was diagnosed with breast cancer in 2002.

Wyeth and Pharmacia & Upjohn have argued at trial that the drugs were approved by the U.S. Food and Drug Administration and that known risks have long been included on the drugs' labels.

This article was written Bill Berkrot of Reuters.

http://www.reuters.com/article/idUSN2326825420091123

If you have experienced advise effects from a defective drug or medicine, please do not hesitate to call our office at 225-928-8800 or visit our website below.

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$2.25 million awarded in asbestos death

A Buffalo jury has ordered a St. Louis-based supplier of industrial control valves and control systems to pay the estate of a Niagara Falls man $2.25 million for the former Hooker Chemical repairman’s death from cancer, court officials confirmed Wednesday.

Following a six-week trial, the jury held Fisher Controls financially liable for the asbestos-caused mesothelioma that killed Ronald Drabczyk. He died at 70 on Nov. 29, 2005, nine years after his retirement from the Niagara Falls plant.

Drabczyk, from 1970 through 1988, regularly repaired valves manufactured by Fisher Controls that contained asbestos gaskets and packing, trial attorneys said.

The jury found Fisher Controls had acted with reckless disregard for Drabczyk’s workplace safety, making it 100 percent financially responsible for his painful death under New York law, court officials said.

Court officials said the verdict, which includes a $750,000 punitive damages award, marks both the first time Fisher Controls has been found liable for using asbestos in its products and the first punitive damages award in a New York State asbestos case in more than 20 years.


Trial attorneys Jordan Fox of the New York firm of Belluck & Fox, Michael P. Joyce of Boston, Mass., and Cherie L. Peterson of the Buffalo firm of Lipsitz, Green, Scime and Cambria said they anticipate an appeal by Fisher Controls in an effort to cut down the jury total.

During the jury trial before State Supreme Court Justice John P. Lane, attorneys for Drabczyk established that officials of Fisher Controls, a subsidiary of Emerson Electric Co., were aware of the dangers of asbestos in the workplace as early as 1946 but failed to place any warnings on their products.

“The jury’s verdict confirms that this corporation acted in a negligent and reckless manner in selling its valves without ever warning of the dangers associated with the asbestos-containing products used in these valves,” Fox said.

“Although we cannot bring Mr. Drabczyk back, we hope this verdict will send a message that these actions will not be tolerated,” added Fox, whose New York City-based firm is a major litigator of asbestos and mesothelioma cases across the nation.

This article was written by Matt Gryta of The Buffalo News

http://www.buffalonews.com/408/story/835561.html

At some point in our lives, nearly all of us have been exposed to asbestos in the air we breathe and water we drink either from natural deposits in the earth or from the deterioration of asbestos products around us. Asbestos is a toxic occurring mineral that was found in thousands of products-from 1940-1980. If you have developed lung cancer or mesothelioma because of an exposure to asbestos, do not hesitate to call Murphy Law Firm at 225-928-8800.

http://www.batonrougeinjuryaccidentattorney.com/mesothelioma.html

Law on DWI Tests Takes Effect Today

Starting today, Louisiana drivers face increased penalties for refusing to submit to a breathalyzer test when suspected of driving while intoxicated.

Under the new law, Act 288, a suspect who refuses to take the test loses his driver’s license for one year, up from the previous six-month penalty. If a person refuses the test more than once in a five-year period, the driver’s license will be suspended for two years.

About 39 percent of the drivers across the state refused the test — 7,947 of 20,631 DWI cases — in 2008, according to the LSU Highway Safety Research Group.

“It was simply a product of either the perceived or imaginary thought process of people being advised by legal counsel to not take the test in order to beat it,” said Murphy Painter, chairman of the Governor’s DWI-Vehicular Homicide Task Force.

The task force was the prime promoter of the legislation, which won lopsided approval in the Legislature this year.

“The whole purpose of the law is to have some valid consequence,” Painter said.

“It’ll have zero effect,” said Glynn J. Delatte Jr., a Baton Rouge lawyer who specializes in DWI defenses. He testified against the legislation in April.

“I would never, ever submit to a breath test without also demanding a blood test,” Delatte said.
Delatte said the machine used in Louisiana to conduct breath tests is not up to the standard used in other states. Breathalyzer machines use infrared spectroscopic analysis to detect alcohol vapor.

Some of the tests taken under differing conditions — people suffering diabetes or exposed to the chemical toluene, for instance — will indicate alcohol consumption when none is present, he said.
A blood test is more accurate and does not expose some of those nondrunken drivers to criminal prosecution and mandatory penalties, he said.

Drivers who refuse to submit to the test can ask for an administrative hearing and continue driving, Delatte said. But Louisiana law has become so punitive that submitting to the test could open drivers to mandatory jail time — 48 hours for a reading of .15 — or losing their licenses for a couple of years under specific instances, Delatte, a former state trooper, said.

Drivers are legally intoxicated if they register a .08 percent blood-alcohol reading.

Lt. Col. John LeBlanc, executive director of the Louisiana Highway Safety Commission, said, “You’re compelled to take the test. It’s part of the implied consent when you are issued the driver’s license.”

The goal of the new law — and future legislation that will be sought by the task force — is to decrease the number of fatalities in crashes involving alcohol from an average of 449 a year to 438 by 2010, LeBlanc said.

“We want to change the culture and through that we should have fewer people killed in Louisiana as a result of alcohol impairment,” LeBlanc said. He added that nearly half of the crash fatalities on Louisiana roads involve drunken drivers.

State Rep. Damon Baldone, D-Houma, was lead sponsor of House Bill 445, which was approved by the Louisiana Legislature on June 17 and signed into law on July 1. It went into effect today.
It was part of Gov. Bobby Jindal’s package of legislation.

Painter said the governor’s DWI task force would reconvene in November to consider how to standardize legal procedures across the state and improve the tracking system to make sure drivers arrested for DWI don’t slip through the system.

This article was written by Mark Ballard of The Advocate
http://www.2theadvocate.com/news/56464122.html

Every thirty minutes someone dies because of a drunken driver. In 1996, there were over forty thousand motor vehicle fatalities. Of this number, approximately forty percent were alcohol related.

If you were involved in an accident with a drunk drivers, do not hesitate to call our office at 225.928.8800
http://www.batonrougeinjuryaccidentattorney.com//drunk%20driving.html

Couple killed in motorcycle crash

WALKER, LA (WAFB) - A crash involving a motorcycle and truck claimed the lives of a young Denham Springs couple Wednesday afternoon, leaving another person hospitalized and facing numerous charges.

State police say Jeremy Powell, 28, of Pine Grove was driving a small Nissan pickup east on Springfield Road around 4:00pm, when he crossed the center line and ran head-on into a brand new Harley Davidson.

The driver of the motorcycle, Brandon Wright, 22, and his wife, Joanna, 21, died in the crash.
Powell was taken to Our Lady of the Lake Hospital with moderate injuries.

Troopers believe Powell may have been under the influence of drugs when the crash happened.
He was arrested and charged with two counts of vehicular homicide, DWI, reckless operation, possession of Schedule II and Schedule III controlled dangerous substances, and no seat belt.
He will be booked into Livingston Parish Prison when he's released from the hospital.

This article was provided by WAFB Baton Rouge
http://www.wafb.com/Global/story.asp?S=10895378

If you or someone you know has been injured or even killed in a motorcycle accident, please do not hesitate to call the attorneys at Murphy Law Firm for help.
http://www.batonrougeinjuryaccidentattorney.com/motorcycle%20accidents.html

Driving on Danger: Your new tires may not be new after all

MEMPHIS, TN (WMC-TV) - Two lawsuits filed in Shelby County Circuit Court reveal a secret about the sale of new tires in the Mid-South. The secret is some new tires aren't new at all.
Both lawsuits center on a single-car accident that happened in August 2007 in Crittenden County, AR. According to the complaints, Teresa Taylor was driving her 1997 Mercury Mountaineer westbound on Interstate 40 just west of West Memphis, AR. Taylor's attorneys allege the tread on her rear driver's side tire, which was bought NEW from a Whitehaven Sears Auto Center just a year before, simply peeled off. Taylor lost control, causing her SUV to skid across the median, flip, and rolled over.

The accident killed her 15-year-old cousin, Tevin Pettis, one of her passengers. "I didn't run over anything," says Taylor. "I didn't hit anybody, but I just did not know what caused the accident." While investigating the accident, attorneys discovered a U.S. Department of Transportation code on the tire with the four digits, 2102. The attorneys say those numbers indicate the tire was manufactured in 2002. That means it sat on a shelf for FOUR YEARS before it was sold AS NEW to Taylor in 2006.

"A tire should not sit on the shelf two or three years before it is put into service or sold to someone," says Julian Bolton, a Memphis attorney who represents Pettis' mother. "They should not be on sale as 'new' tires." Michael Dorr, manager of Cordova's Gateway Tire & Service Center, showed how to decipher the DOT code etched on every tire. He says the first two digits are the WEEK it was made, while the last two digits are the YEAR. That means the tire that may have caused Taylor's accident, "2102," was manufactured in the 21st week of 2002. Dorr says tires with 3-digit DOT codes were made before the year 2000. So a tire coded "189" would have been manufactured the 18th week of 1999. "Once you know what you're looking for, it's something simple," says Dorr. "I don't see anything misleading there."

The problem is most tire manufacturers etch the code on the INSIDE WALL of the tire. If the tire is already on a vehicle, someone has to get under the car to inspect the code. "It is a hidden disclosure, if you will," says Memphis attorney Jeff Rosenblum, an expert in wrongful death cases who has assisted counsel in aging tire litigation. "And that's what's deceptive. That's what's confusing to the consumer." Rosenblum says the chemical process of constructing a passenger tire, called vulcanization, actually cooks the rubber and steel together, giving it elasticity and strength. After a while, he says, that process starts to decompose, even if the tire has never hit the road. "It may look brand, spanking new, and the consumer has no way of knowing that particular tire could be deadly," he says.

Bolton says the tire that failed in Taylor's accident was inspected twice, once by the Sears in Whitehaven a year before the accident and again 11 days before the accident by a Firestone service center in Raleigh. "This car was serviced and tires rotated, and no one noticed that the tires were aging," Bolton says. Larry Costello, communications director for Sears Holding Corporation, says the company would not comment on pending litigation. Dan MacDonald, executive director of communications for Firestone's parent company Bridgestone Americas, says Bridgestone-Firestone's guideline is to inspect all tires by five years of age and replace all tires 10 years old or older. "We believe strongly that Firestone acted totally appropriately in (Taylor's) case, and we believe that this case is without merit," says MacDonald.

As early as 1990, Volkswagen added a warning to its vehicles' owners' manuals. It acknowledged that tires do deteriorate with age, and since then, it has recommended replacing them after SIX years. Ford and Chrysler followed suit, also advocating a six-year shelf life for passenger tires. However, the Rubber Manufacturers Association has fought all efforts to mandate a shelf-life. "RMA is not aware of scientific or technical data that establishes or identifies a specific minimum or maximum service life for passenger and light truck tires," says spokesperson Dan Zielinski.
In June, Safety Research & Strategies, Inc. of Rehoboth, MA submitted the results of its study of aging tires to the National Highway Traffic Safety Administration (NHTSA). The results document 159 accidents involving tire tread or belt separation since 1992, with 128 fatalities and 168 injuries. Every one of them involved a tire that was six years old or older. According to the study, four of the tires were sold AS NEW, although their DOT codes indicated they were four, seven, even 11 years old at the time of their sale. "NHTSA recognize(s) that tire age degradation presents a hazard... The public is still at risk because it has little or no information about this mostly invisible hazard... However, the outreach to consumers has been virtually nil," SRS says in the study. "We do not have jurisdiction over retail sales. Congress has only given us the authority over the manufacturers," says Rae Tyson, a NHTSA spokesperson. "We recommend that people follow the (tire) manufacturer's guidelines."

"They have not required the auto manufacturers or, perhaps more importantly the tire manufacturers, to warn the consumers," argues Rosenblum. NHTSA has passed an administrative rule that requires all tire manufacturers to etch the DOT code on the OUTSIDE WALL of every tire after September 2009. Armed with how to decipher the code, an investigative news reporter inspected the tire inventories of eight Mid-South tire retailers. At both Costco locations (Wolfchase area and Winchester) and at the Firestone at Eastgate Shopping Center in East Memphis, tires were found for sale AS NEW that had codes indicating they were made in 2006. At two Wal-Mart locations (Cordova and Southaven, MS), each passenger tire was coded as 2008. However, at the Southaven store, a trailer tire was found for sale on the retail rack that was coded for the year 2000. At Elite Tire on Range Line Road in Frayser, the new tires inspected were all coded for 2008, but a tire was found in Nikita Martin's $10-$15 used inventory that was coded for 2002.

That's the same year as the tire that failed in Taylor's deadly accident. "It's out of date," admitted Martin. He immediately took the tire out of circulation and put it next to a dumpster. Dorr's inventory at his Cordova Gateway store was also inspected by the crew. Every tire inspected was coded as a 2008 tire. The remaining store, 61 Tire Company on Lamar Ave. in Southeast Memphis, also had every new tire coded for 2008.

This article was written by Jason Miles of WAFB Baton Rouge
http://www.wafb.com/Global/story.asp?S=9369165

Defective products harm millions of people each year. Manufacturers should be held responsible for design defects, improper safety devices and manufacturing defects. Cases involving defective products may include: defects in cars, equipment at work, toys, sport utility vehicle rollovers, gas tank explosions, seat belt failures, improperly designed household products, industrial machinery & equipment, farm equipment, products causing explosions and burns, and aviation products.

http://www.batonrougeinjuryaccidetattorney.com/defective%20products.html
http://www.batonrougeinjuryaccidentattorney.com/auto%20injury%20accidents.html

Many times when dealing with defective car tires, a car accident is the main reason someone notices that they have defective tires. It should not take a car accident and possible injuries to realize that you were given defective tires. Do not become a victim twice. Contact the attorneys at Murphy Law Firm if you have been involved in an accident.

Grand jury may hear deadly boating crash case

BATON ROUGE, LA (WAFB) - The investigation into a boating accident that claimed three lives could go to trial after a new report was released by the Department of Wildlife and Fisheries outlining the accident.

A night for fun and friends took a dangerous turn on May 16th when two boats collided, killing three Baton Rouge-area men. Christopher Austin, Brian Doherty, and Sterling Forbes died after their boat collided with another, driven by Jerry Jordan or Lafayette. Investigators say Jordan was intoxicated past the legal limit of .08.

"A reasonable person can infer there may be fault," said Assistant District Attorney Tony Clayton. Clayton won't say if Christopher Austin may also be at fault. Investigators believe Austin was driving the second boat that carried Doherty and Forbes. The Department of Wildlife and Fisheries just completed a full investigation and Clayton plans to present the information to a grand jury. "I really want to keep this as sacred and solemn as I can, so the grand jurors can hear all the facts and let them make the decisions they need," he said.

Clayton says grand jury selection is underway. Jurors will meet to decide if there is enough evidence to charge Jordan with three counts of vehicular homicide. Jordan's attorney says his team has some evidence of its own and plans to give it to the district attorney's office to present to the grand jury. Clayton expects the grand jury to meet within the next few weeks.

This article was written by David Spunt of WAFB - Baton Rouge
http://www.wafb.com/Global/story.asp?S=10880798

Boating accidents are fairly common in southeastern Louisiana and can cause much more serious injuries and have a higher mortality rate than auto accidents. If you or someone you know was involved in a boating accident, please contact our office today.
http://www.batonrougeinjuryaccidentattorney.com/boating%20accidents.html

Wrongful Death Lawsuit Filed Against Lafayette Police

LAFAYETTE — The family of a man who was shot and killed by a police officer last year filed a federal lawsuit seeking damages for his alleged wrongful death.

Eleven of Shane Damond’s family members have signed onto the wrongful death and deprivation of civil rights lawsuit, which was filed Friday.

The lawsuit names as defendants Officer Michael Milazzo, Lafayette Police Chief Jim Craft and the city of Lafayette.

Authorities have said that Milazzo was patrolling in the Mudd Avenue and Louisiana Avenue area on July 26, 2008, when he spotted a car — reported stolen three days earlier — in the parking lot of a Circle K store.

When Milazzo approached the car, Damond, who was the driver, began backing up the car, dragging Milazzo with it.

Milazzo fired his pistol and struck Damond, 37. He was taken to a local hospital, where he was pronounced dead.

District Attorney Mike Harson’s office brought the case before a grand jury to avoid any appearance of impropriety, because it involved an officer.

A grand jury returned a no true bill in April.

The lawsuit offers a different version of events and states that without acting in violation of any law, Damond was “unexpectedly and violently attacked without provocation” by Milazzo.

“Upon being shot, Shane Damond, remained conscious but slumped to his side in obvious agony. Shane Damond died of his wounds several minutes later,” the suit states.

The suit accuses Milazzo of “resorting immediately to lethal force without any effort whatsoever to arrest, apprehend and/or subdue the deceased.”

The suit further alleges that Milazzo did not warn Damond of his intention to use deadly force nor did he call other officers to assist him.

The suit lists Craft as a defendant because he is Milazzo’s superior and therefore responsible for his training.

This article was written by Jason Brown of The Advocate
http://www.2theadvocate.com/news/51829892.html

The death of a loved one is not the only loss a family suffers in a wrongful death suit. There are many financial obstacles that must be overcome, like funeral and burial costs, incurred debts, mortgage payments, childcare expenses and the loss of potential income by the deceased. The attorneys at Murphy Law Firm represent families who have lost a loved one due to a wrongful death.
http://batonrougeinjuryaccidentattorney.com/wrongful%20death.html

Bucket Brigade calls for Dow data

An environmental watchdog group said Wednesday that the public still doesn't know how much ethyl acrylate was released from Dow Chemical in Hahnville last week, and criticized St. Charles Parish officials for not evacuating homes closest to the plant.

The Louisiana Bucket Brigade said residents need to know how much of the chemical, which can cause eye, nose and throat irritation, was in the air during the early hours of the release, which began July 7 around 4 a.m.

"Dow has tried to play down this release by calling it a bad odor," said Anna Hrybyk, the organization's program manager, at a Wednesday morning news conference. "The fact is that it was a chemical release and we do not know how much of the chemical was released. We do know that people were treated at the hospital because of this accident and that Dow has a serious, ongoing problem with this chemical. It's not a simple odor."

Dow spokesman Tommy Faucheux said the company acted appropriately by sending a technical expert to work with the parish's emergency operations center the morning of the release.

"I'm confident that we assessed the event correctly," he said.

In addition to last week's incident, Hrybyk said, the company reported airborne releases of fumes from the chemical on Oct. 20, 2008, and April 22, 2009, to the state Department of Environmental Quality.

"We are demanding that they come clean and say how much was released," Hrybyk said.

Michael Kernan, postmaster of the New Sarpy Post Office, said at the news conference that his eyes, nose and throat started to burn shortly after he arrived at work at 7 a.m.

"The St. Charles Parish maintenance unit was evacuated to St. Rose, but why didn't they evacuate the day-care center down the street?" Kernan said.

Day-care owner Deione Daniels said she and the 27 children at Deione's Early Learning Center were initially told that there was no health risk, even after she and her children started feeling symptoms.

"They told me the smell was really bad but that it was not hazardous," she said.

Ethyl acrylate can be smelled at concentrations of less than 1 part per billion, but isn't deemed toxic for a healthy adult until it reaches 30 parts per million.

The Oct. 20, 2008, release occurred when piping was being flushed; 9,587 pounds of material was released into the process sewer area because of "multiple valve failure." Because the area is open to the atmosphere, 168 pounds of the material evaporated over 14 hours, Dow's report to the Department of Environmental Quality said.

The company told the DEQ that the valves were not part of a preventive maintenance program, but one would be started in the future.

The April 22 incident released 24.8 pounds of ethyl acrylate into the atmosphere after a flaring system to vent vapors malfunctioned.

Scott Whelchel, St. Charles Parish's emergency preparedness director, said that the parish's emergency center operators must depend to some extent on information from industrial plants to recommend actions to protect the public.

The parish had bus drivers on standby throughout most of the week in case a large-scale evacuation was necessary, Whelchel said.

"The company has the expertise to tell us what is happening and what protective measures need to be taken," he said.

However, the parish's Emergency Operations Center logs show that its operators repeatedly pressed Dow for information on what was happening. It was the parish EOC that notified Dow of the stench wafting across the river after someone from Shell Chemical called in to report it shortly before 4 a.m.

Faucheux said that depending on the wind, the plant operators may not be aware of a problem if the site's perimeter air monitors don't go off.

Faucheux said Dow's priority is to let parish officials know immediately that something is going on, even as company personnel try to find out what is happening.

"It took us a little longer to nail down the issue, but as soon as we had something concrete, we shared it with the parish," he said.

This article was written by Matt Scallan of The Times Picayune
http://www.nola.com/news/t-p/riverparishes/index.ssf?/base/news-6/1247722269323830.xml&coll=1

Chemicals are used everyday in your home and at the workplace. Though most manufactures and property owners follow safety guidelines, toxic accidents are sometimes the result of negligence and/or intentional acts of corporate wrongdoers. Don't hesitate to call Murphy Law Firm if you have been exposed to harmful chemicals or toxins.
http://batonrougeinjuryaccidentattorney.com/chemical%20toxic%20exposure.html

Danish study looks at link between HRT, cancer

CHICAGO, July 14 (Reuters) - Menopausal women who took hormone replacement therapy increased their risk of ovarian cancer by 38 percent, Danish researchers reported on Tuesday.

The study of more than 900,000 Danish women aged 50 to 79 found about one extra ovarian cancer for roughly 8,300 women taking hormone therapy each year.

At the time they got sick, 9 percent of the women were taking hormone therapy, 22 percent were previous users and 63 percent did not take it. The researchers calculated that current hormone use conferred a 38 percent higher risk of contracting the disease compared to non-users over the eight-year study.

Hormone therapy was linked to 140 extra cases of ovarian cancer in Denmark during the eight-year study, accounting for 5 percent of all cases in that period, the researchers reported in the Journal of the American Medical Association.

"Even though this share seems low, ovarian cancer remains highly fatal, so accordingly this risk warrants consideration when deciding whether to use (hormone therapy)," wrote Lina Steinrud Morch and colleagues at Copenhagen University.

The findings were similar to those in the 2002 Women's Health Initiative study, which was stopped early because it found an increased risk of ovarian cancer, breast cancer, strokes and other health problems from hormone therapy or HRT.

HRT use plunged after the WHI study, and sales of U.S. market leader Wyeth's (WYE.N) combined estrogen-progestin therapy Prempro have fallen by 50 percent since 2001 to around $1 billion a year.

For women considering hormone therapy, "family history comes into play, and your own personal medical history certainly comes into play. Those risks have to be discussed with your doctor," said Wyeth's director of global medical affairs, Dr. Corrado Altomare, who was not involved in the Danish study.

The risks of ovarian cancer were about the same from hormone therapy regardless of the duration of use, the formulation of the hormones, the estrogen dose, or how it was administered, according to the study.

As in earlier studies, it found the cancer risk diminished about two years after therapy was stopped.

Ovarian cancer is difficult to detect before it spreads, and therefore is often fatal. Roughly 18 out of 100,000 U.S. women are diagnosed yearly with the disease, which killed 15,000 Americans in 2007, according to government statistics.

What causes cancer cells to appear in the ovaries in the first place is not known, but estrogen is believed to spur tumor growth and may be a trigger.

This post was written by Andrew Stern
http://www.reuters.com/article/euRegulatoryNews/idUSN1426894820090714

If you have suffered adverse side effects from defective medications, do not hesitate to call Murphy Law Firm.
http://www.batonrougeinjuryaccidentattorney.com/defective%20drugs.html

Kolcraft recalls 1 million play yards

WASHINGTON, July 8 (UPI) -- The U.S. Consumer Product Safety Commission announced a voluntary recall of Kolcraft play yards due to a fall hazard.

The play yards include a side rail that can fail to close properly. The latches on the side rails can open unexpected, causing a child to fall, the commission said in in a statement.

About 1 million of the play yards made in China, Spain and Italy, were imported by Kolcraft Enterprises of Chicago, Ill., and sold nationwide between January 2000 and January 2009 for between $50 and $160.

The recall involves Kolcraft Travelin' Tot play yards manufactured for Carter's, Sesame Street, Jeep, Contures, Care Bare and Eric Carle, the commission said.

Consumers were advised to stop using the recalled play yards immediately and contact Kolcraft for a free repair kit.

Consumers can call 866-594-4208 for information.

Defective products harm millions of people each year. Manufacturers should be held responsible for design defects, improper safety devices and manufacturing defects.

Don't Be A Victim Twice!

http://www.batonrougeinjuryaccidentattorney.com/defective%20products.html

Tugboat pilot plan may have backfired

NEW ORLEANS — A federal program to recruit more tugboat pilots may have backfired by allowing thousands of novice captains to take the helm and contributing to a 25 percent increase in the number of accidents on the nation's rivers.

An Associated Press review of Coast Guard records indicates that the U.S. tugboat fleet is increasingly piloted by captains who have spent as little as one year in the wheelhouse.
"The system has failed," said David Whitehurst, a tug captain and member of the board of directors for the National Mariners Association, a national tug workers' group based in Houma, La.

"We have the highest horsepower in history, pushing more tonnage than ever in history, with the least knowledgeable personnel in history. It is a disaster. Look at the accidents we've had in the past few years."

Said Richard Block, secretary of the mariners' group: "You can't learn to run a towing vessel overnight, and some of these companies are simply rushing it too much."

Pushing or pulling barges piled high with freight, today's river tugboats are the 18-wheelers of the waterways, transporting all manner of goods such as oil, grain and chemicals.

At the start of the decade, the Coast Guard was under pressure from the shipping industry to revamp its training and licensing process for river pilots because an older generation of captains in their 50s was beginning to retire, creating a labor shortage.

The agency scrapped the time-honored "master's system" in which captains hand-selected rookies for pilot training. Instead, officials began allowing companies to pick trainees and pay for them to become "apprentice steersmen."

Under the new system, someone can get behind the controls of a tug after just a year, whereas the old arrangement required new pilots to spend years working their way up to the captain's seat.

In 2003, just 16 pilots were issued new apprentice towing licenses. By 2007, that number ballooned to 871, and last year to 885. The new pilots come cheap, too. An apprentice earns about $175 a day compared with $450 a day for a top-grade pilot.

But as the industry has added thousands of new pilots, the number of accidents involving tugs, barges and related vessels has jumped 25 percent, from 1,399 in 2003 to 1,754 in 2008.
And it's not because more goods are getting shipped. Over that same span, cargo volumes rose by only about 3 percent.

Capt. David Stalfort of the National Maritime Center, the Coast Guard's licensing branch, said the old master's licensing system had well-documented flaws. Before 1973, for example, tug licenses were not even required. And even after that, licenses were handed out to pilots with limited training.

The new system has done what it was designed to do. "The apprentice mate is an effective program to get people into the program," Stalfort said. "I wouldn't characterize it as people coming off the street."

But Whitehurst and others worry that the industry has become saturated with inexperienced pilots.

"I started out here when I was 14 years old, and I'm 58 now, and I'm still learning," Whitehurst said. "This is hands-on. The stuff we do cannot be put in a book.

"Over years of doing it, you develop a feel for what you're doing. You look at the surface of the water — the water lilies, the debris floating down the river, the channel-marking buoys. It is like a book with open pages, and as the old timers would say, you read it."

Some experts say there is not yet enough evidence to raise the alarm about apprentice pilots.
"Ask me in 2011," said Richard Wells, a retired Coast Guard license examiner. "I think we'll have a better idea whether this change in licensing was positive or negative as far as the accident rate."

The new pilots are supposed to be overseen by fully licensed helmsmen, but they often run boats alone. Requirements for log books, training and mechanical checkups are routinely ignored, mariners and experts said.

The Coast Guard has long been overwhelmed by the sheer volume of cargo on the nation's 25,000 miles of inland waterways. The agency has focused its efforts on bigger ships, which carry more cargo, and on fishing and recreational boats, which account for most accidents.
That leaves tugboats largely unpoliced.

The tugboat industry has "always been out of sight, out of mind," said Whitehurst, the tug captain. "The rails and trucking industry, they're in everybody's face. A towboat, they're isolated, they're behind the tree line."

For tugboat pilots, the cost of an error can be frightfully high.

When a towboat commanded by a sleep-deprived novice pilot pushed a fuel barge in front of a tanker in the New Orleans harbor, the collision sliced the fuel barge in half and spilled 283,000 gallons of oil.

The accident in the wee hours of July 23, 2008, caused one of the biggest oil spills in U.S. history, even though the tanker never ruptured.

John Paul Bavaret II, the man in the wheelhouse that night, held only an apprentice pilot's license. There should have been a fully licensed pilot with him. Bavaret (ba-vuh-RAY') told the Coast Guard he had routinely piloted vessels on his own, and that it was common practice at the company he worked for, DRD Towing Co. of Harvey, La.

Thomas A. Allegretti, the tug industry's leading lobbyist, characterized DRD as a rogue firm.
"No responsible operator is going to routinely participate in a practice of using unlicensed personnel in the wheelhouse," said Allegretti, whose group is called American Waterways Operators. "You would subject the safety of your crew, of your vessel, of your cargo, to enormous risk by doing that to say nothing about the attendant liability you face in terms of federal prosecution and accidents."

There have been other serious accidents involving novice pilots.

In 2005, an apprentice pilot misread warnings on the Ohio River outside Pittsburgh, and his boat and six barges plunged over a dam. Four mariners were killed.

And in 2003, a novice pilot steered a tugboat and its three tank barges into a railroad bridge on the Atchafalaya River in Louisiana, causing $210,000 in damage.

After the New Orleans accident, Congress called for action, and the tug industry moved to close some of its own loopholes.

The Coast Guard has started drawing up regulations for an improved inspection program and began the "Big Tow Operation," a nationwide effort to crack down on tugs that break the rules.
The Coast Guard is also training a new corps of 100 field inspectors specifically for tugs, hoping to examine the entire fleet.

"Most mariners want the boats inspected because it will make them safer," said Joel Milton, a New York-based tug captain and columnist for WorkBoat Magazine. "Companies would be more inclined to fix things."

This article was written by CAIN BURDEAU of theAssociated Press published on HoumaToday.com
http://www.houmatoday.com/article/20090708/ARTICLES/907089881/1211?Title=Tugboat-pilot-plan-may-have-backfired-

Many personal injuries are the result of boating accidents or collisions. Some examples of injuries that result from boating accidents are cervical and lumbar sprains, herniated and ruptured discs, fractures, knee injuries, brain damage, and paralysis. Victims of boating accidents may recover for pain and suffering, medical expenses, property damage, lost wages and loss of earning capacity.

Don't Be A Victim Twice!
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