Gourmet Boutique, a New York food company, is voluntarily recalling 143 tons of meat and poultry. Federal food safety inspectors and Florida agriculture officials discovered that some of it is contaminated with the Listeria monocytogenes bacterium.

Some of the products are chicken salads and sandwiches, sold under the name Gourmet Boutique. Others are frozen wraps and burritos which are sold as “Jan’s” or “Archer Farms”. The exact products are listed on the USDA webpage about this recall, dated May 3, 2008.

So far there are no reports of illness associated with this recall.

What is Listeriosis?

It is a bacterial infection caused by the monocytogenes bacterium. In 2004 and 2005, it occurred only 2.5 to 3 times for each million of U.S. population. Of those cases, about 70% occurred in people with a compromised immune system, for whatever reason – chemotherapy patients, elderly, or suffering from HIV, AIDS, a blood cancer, malnutrition, or a hereditary condition. The other 30% occurred in pregnant women.

The Listeria monocytogenes bacterium exists throughout our environment and typically enters the body through being ingested. It has been found in seafood, meat, dairy products (despite pasteurization), and vegetables.

Symptoms of Listeriosis

There are four separate ways Listeria can develop in the body, with four sets of symptoms. When ingested in contaminated food, symptoms may not occur for one or two days afterwards, and would typically be:

• Diarrhea
• Fever
• Aching muscles
• Nausea
• Headache
• Stiffness in the neck area
• Confusion
• Impaired balance
• Convulsions

Treatment is done with antibiotics, usually ampicillin and perhaps gentamicin. Gourmet Boutique has made a recorded phone message which states it has made some environmental changes at its food plants to prevent this problem arising again.

If you think you may have eaten any contaminated products, please see your doctor immediately. Please also contact us if you would like to know more about your legal rights and options.

The Supreme Court is sometimes referred to as SCOTUS, analogous to POTUS – Supreme Court (or President) Of The United States. It consists of the Chief Justice of the U.S. and eight Associate Justices (although Congress has the power to change that number). They tend to begin serving well into their law careers, after an acclaimed career and long experience as a judge. They serve for life, or until they decide to resign or retire, or are impeached. They meet in their own building in Washington, D.C.

Over the years since 1789, each change of Chief Justice has marked a new stage in the ongoing career of the Supreme Court, and in each stage, the court is named for whoever is Chief Justice at that time. In each stage, the court makes a series of important rulings which add up to a certain identity for that particular group of nine judges.

The Marshall Court ran from 1801 to 1836, and gave initial shape to the balance of power between the federal and state governments. It ruled that the Supreme Court could correct state supreme courts in their interpretations of the Constitution. It also set the practice which we see today of rulings being issued as one majority opinion with minority dissentions. That was a change from the inherited British tradition where opinions were issued separately by each judge.

The Taney Court from 1836 to 1864 ruled on the famous Dred Scott case, opining that people of African descent brought here as slaves, and their descendants, could not be citizens, could not bring a lawsuit against anybody, and could not be taken from their owners without due process. This decision is thought to have been a contributing cause of the Civil War, but it was overturned later by the Thirteenth and Fourteenth Amendments which abolished slavery and gave full rights and citizenship irrespective of race.

Closer to our own era, the Warren Court, from 1953 to 1969, made several rulings which expanded application of the Constitution to civil liberties. It opined that racial segregation was unconstitutional in public schools, that the Constitution gives (a) a right to privacy and (b) a right to have a court-appointed lawyer if you’re too poor to pay for your own. It ruled that public schools cannot have any mandatory prayer times or Bible readings (although they may have optional prayer).

The Burger Court from 1969 to 1986 made the controversial ruling that abortion is a constitutional right. It also opined that the death penalty is not unconstitutional, although its implementation at that time in some states was unconstitutional.

The Rehnquist Court from 1986 to 2005 put some restrictions on Congressional power, working with the idea of federalism. It put an end to the repeated electoral recounts in the 2000 presidential election, allowing George W. Bush into the White House. It also put some limits on picketing by labor unions and removed some from abortions.

The current Supreme Court is the Roberts Court, which began in 2005. Time will tell how it will be characterized by its rulings.

If you would like to schedule a free consultation, please call or email our office.

On August 1, 2007, the eight-lane Minnesota bridge known as Bridge 9340 crumpled and fell into the Mississippi river during the evening rush hour. Vehicles and construction equipment fell into the water, and some vehicles, including a school bus, clung precariously to the slanted bridge roadway.

It took nearly three weeks for divers to recover the bodies of the thirteen people who died. About 145 people were injured, and some are still having surgeries done. The National Transportation Safety Board has been investigating what caused this disaster, and focusing on a design flaw.

On April 25, 2008, Minnesota state lawmakers announced that they had reached a compromise agreement for compensating the injured victims. It’s expected to be signed by the governor, and it provides relief and support for victims and their families.

Negotiations had somewhat bogged down over the issue of whether to recognize the state’s limit of liability by capping awards made to individual victims. It appears that has been recognized, as victims may receive up to $400,000 each. However, there is still $12.6 million available for ongoing medical costs, uncompensated medical expenses, and lost wages.

Part of the agreement is that victims and their families would have to agree not to sue the state of Minnesota if they accept the settlement amounts of this compromise.

If you have been injured or have lost a loved one because of somebody else’s negligence, you may have a valid legal claim. Please call or email us if you would like to schedule a free consultation.

The mortgage situation in the U.S. has been in the news recently, as more homes go into foreclosure. This is not a sudden problem, but has been brewing for several years. It is a complex situation with many aspects, and Cleveland has one of the highest foreclosure rates in the country.

One of the problems in Cleveland has been lenders who target groups that they see as financially unsophisticated. These are relatively low-income people, and minorities. Some mortgage brokers chose to target people who had been ordered to repair their homes to avoid prosecution, as they had been cited for building code violations. Some bought lists of people with unpaid hospital bills. The thinking behind these actions was that these people needed money quickly and could be persuaded to refinance their homes for that reason, and pay high fees in the process.

In one case, Eva v. Midwest National Mortgage Banc, Inc., the plaintiff alleged that:

“Defendants extract unconscionable and illegal fees from their victims until there is no money left to extract; they then leave their victims’ homes vulnerable to foreclosures, which the loans were specifically designed to facilitate.”

That case was filed in 2000, and has now been settled, saving seven of the eight homes involved.

Another case is Housing Advocates, Inc. v. Argent Mortgage Co. where the complaint was filed for racial discrimination and claimed that the company targeted African-American homeowners, offering them loans that were likely to lead to foreclosure. An investigation found evidence to substantiate this claim, and a hearing is now scheduled.

The City of Cleveland has sued 21 Wall Street banks that funded lenders who followed predatory lending practices.

Similar cases have been filed in many other states. Baltimore has sued Wells Fargo bank for predatory lending practices in African-American neighborhoods. Countrywide Financial Corp, which is the country’s largest lender, is facing multiple lawsuits:

• From a previous regional manager who has filed a whistle-blower suit, (Zachary v. Countrywide Fin. Corp.)
• From the Florida U.S. trustee for “bad-faith conduct that abused the judicial process”
• Similar complaints in Ohio, North Carolina, Texas and Pennsylvania

If you have been persuaded to refinance and are now regretting it, or if you are facing possible foreclosure, please don’t delay in contacting us. We will be glad to give you a free case evaluation.

Hurricane Katrina happened on August 29, 2005, but the legal aftermath continues. This week a federal judge dismissed fraud claims in a Katrina lawsuit against State Farm Fire & Casualty Co.

A couple whose home had been badly damaged by wind and water sued State Farm after that company paid the limit of their flood policy plus $36,000 for wind damage, but blamed the rest of the home’s damage on Katrina’s floodwaters. The homeowner’s policy excluded flood damage.

Through their attorney Richard Scruggs and his partners, the couple charged fraud because they claimed that an Alabama firm used by State Farm for damage assessments had provided two different engineering reports after Katrina. State Farm then underestimated the wind damage on the couple’s home to reduce its liability under the homeowner’s policy.

The judge, Judge Senter, ruled that if this claim were sustained, it would constitute bad faith, but not fraud. The couple may continue their efforts to obtain payment but with a different attorney, as Richard Scruggs has been indicted for attempted bribery in an unrelated Katrina dispute.

It is important to know exactly what your homeowner policy covers. Do read the fine print and ask questions if you are not sure where you stand. If you have sustained property damage through another’s negligence you may have a valid legal claim, so please call us or send an email if you would like to schedule a free consultation.

Merck & Co., Ltd., the manufacturer of VIOXX, has agreed to a very large settlement amount in a class action suit (see The VIOXX Saga: Part 2). The many people who filed lawsuits against Merck had a variety of health problems associated with having taken VIOXX for several months or longer.

Serious VIOXX Side Effects

• Heart attacks – not always fatal
• Strokes – also not always fatal. Strokes and heart attacks can be caused by blocked blood vessels
• Blood clots – which can block a blood vessel and cause strokes and heart problems
• Stomach problems – intestinal bleeding can happen without warning and may require hospitalization. This is rare.
• Allergic reactions – which can cause breathing troubles if the throat or mouth becomes swollen
• Kidney problems – another rare side effect which could perhaps cause kidney failure
• Liver problems – also very rare

Minor VIOXX Side Effects

This is a partial list of non-life-threatening side effects:

• Respiratory tract inflammation or infection
• Headache and back ache
• Fatigue
• Stomach pain
• Dizziness
• Nausea
• Urinary tract infection
• Meningitis
• Elevated blood pressure
• Irregular heartbeat

How VIOXX works

VIOXX is one of a groups of drugs which are alternatives to steroids. The group is called NSAIDs (for Non-Steroidal Anti-Inflammatory drug). Steroids reduce inflammation (which helps reduce pain) for a short while, but when taken for too long they cause a list of unpleasant side effects. So NSAIDs are used whenever possible. Other NSAIDs are aspirin, naproxen and ibuprofen. Acetaminophen is not an NSAID.

VIOXX prevents the formation of compounds called prostaglandins, which are thought to cause pain and inflammation. It is a “Cox-2 inhibitor”, meaning that it blocks the action of a body enzyme nicknamed Cox-2.

Unlike the other NSAIDs, it does not block Cox-1, whose job is to maintain stomach tissue, protecting the stomach lining. This gives VIOXX the advantage of being able to reduce pain and inflammation without causing stomach bleeding or ulcers. (Most people know that aspirin can cause gastrointestinal bleeding – it blocks Cox-1.)

VIOXX Questions

Questions have been asked about VIOXX since soon after it was approved by the FDA. Studies suggested an unacceptable risk of heart problems, and although Merck denied there was any evidence of that, compared to other NSAIDs, the FDA sent that warning letter to Merck in 2001 (see The VIOXX Saga: Part 1 in this space).

Lawsuits followed, as outlined in previous blogs here. Merck issued a statement after the November, 2007 class action suit agreement. It states the conditions those class action plaintiffs must meet to qualify for payment from Merck.

If you have taken VIOXX and suffered any of the side effects listed above, or others which you think are connected to VIOXX, contact your doctor immediately. Please also feel free to contact us to learn more about your legal options.

Yesterday this writer posted Part 1 of the VIOXX saga. Please refer there for the basics as to what VIOXX is. Following are verdicts returned during 2005 and 2006. This is not a complete list of all lawsuits filed.

August, 2005 – A Texas jury awarded $253.4 million to the widow of a man who had died in 2001 after taking VIOXX. It was reduced to $26 million by the Texas punitive damage caps. This was the first VIOXX verdict.

November, 2005 – A New Jersey jury cleared Merck of a heart attack sustained by someone who had taken VIOXX for about two months only.

February, 2006 – a New Orleans jury cleared Merck in the death of someone who took VIOXX for about one month.

April, 2006 – Two cases in New Jersey concluded. One jury awarded $13.9 million to a 77-year-old man who had a heart attack after four years of taking VIOXX. The same jury cleared Merck in the case of a 60-year-old who took VIOXX for nearly two years.

June, 2006 – The New England Journal of Medicine published a correction that had been issued by Merck, that changed the APPROVe study results. It stated that heart problem risks increased earlier than the 18 months previously stated.

July, 2006 – A New Jersey jury cleared Merck in the heart attack of a diabetic who had taken VIOXX for over two years.

August, 2006 – A California jury cleared Merck in the heart attack of a 71-year-old man

August, 2006 – A New Jersey judge overturned the November, 2005 verdict for Merck, on the basis that new information had come to light since then which warranted a new trial.

August, 2006 – A Louisiana jury ordered Merck to pay $51 million to a man who took VIOXX for two years, then had a heart attack and continued on VIOXX for about two more years. Later that month, a Federal judge ordered a new trial because that amount was “grossly excessive”.

March, 2007 – The jury in the new trial awarded $20 million in damages to this man in his new trial.

November, 2007 – In a class action suit on behalf of plaintiffs who suffered heart attacks or strokes after taking VIOXX, a settlement was reached in which Merck agreed to pay $4.85 billion, to be divided among the several thousand plaintiffs and their attorneys. Each claimant will receive an amount according to his or her medical records. This is the largest pharmaceutical settlement ever.

• Thousands of personal injury lawsuits were filed and many consolidated
• Discovery began in 2001 on consolidated cases
• Over 50 million pages of documents were produced and read
• Over 2005 depositions taken
• Thousands of motions filed
• Hundreds of cardiac experts were consulted, as well as medical experts in pharmacology and neurology
• Negotiating teams from each side met over 50 times and conducted several hundred conference calls

Part 3 of this VIOXX Saga will briefly discuss the medical risks and issues. Please contact us if you have taken VIOXX and subsequently suffered a heart attack, stroke, or other life-threatening event. We will be glad to give you a free consultation.