Domnick & Shevin

Three Out of 10 Young Adult Tobacco Users Are "Dual Users"

Thu, 24 May 2012 16:23:06 -0400

A new study finds that young adults are not only using cigarettes but also concurrently (dual use) using more than one tobacco product, including little cigars and hookah. The study, published in the May issue of the Journal of Environmental and Public Health, comes from Legacy, a national public health organization dedicated to reducing tobacco use in the United States. The research looked at tobacco use patterns among young adults and included an examination of those using cigarettes plus another tobacco product concurrently.

According to the data, of the 23 percent of young adults who were current tobacco users, 30 percent reported dual use. “We found that dual users report the same levels of smoking compared to cigarette only users, suggesting that the use of other tobacco products does not replace cigarette smoking or decrease the mean number of cigarettes smoked daily among young adults. This trend toward dual use - especially among young people - is disconcerting,” said Jessica Rath, Director of Research and Evaluation for Legacy. “Tobacco companies are pushing new products that leave young adults faced with an array of tobacco products from which to choose. The fact that many are experimenting with these new products, while still smoking cigarettes, may have negative implications for public health,” she said.

The researchers used data from the online Legacy Young Adult Cohort Study to describe the prevalence of cigarettes, other tobacco products, and dual use in a nationally representative sample of young adults aged 18-34. The data show the majority of individuals who use noncigarette tobacco products (64 percent) are smoking cigarettes concurrently. According to the study, those who reported every day or someday use of cigarettes or other tobacco products also identified using the following tobacco products in the past 30 days:

87 percent had smoked cigarettes

19 percent currently smoke cigars

16 percent currently smoke little cigars/cigarillos/bidis

In addition, 8 percent reported hookah use in the past 30 days.

“This study highlights the need for improved monitoring of tobacco use across the life course. This way, Legacy and other organizations can develop tailored efforts for the young adult population in order to prevent progression and further reduce overall population prevalence,” Rath said.

Much of the focus of tobacco control research and prevention efforts have traditionally centered on teens, given that nearly 80 percent of smokers begin before the age 18. However, there are few data on the prevalence and smoking behavior of young adults in the 18-34 year age group. This study is the first in a series that presents baseline information on this population and is designed to track the patterns of tobacco use behavior in the under-studied age group. Researchers fund that 32 percent of young adults initiated smoking after age 18 and 39 percent of regular users became regular smokers during young adulthood. In addition, among young adults who currently use tobacco, three in ten are dual users.

“Earlier this year the Surgeon General reported that nearly all tobacco use begins during youth with addiction to nicotine starting right away, making young adults primary targets for tobacco marketing campaigns,” said Cheryl G. Healton. “Our research shows that young adults are indeed trying smoking and becoming regular smokers,” she added.

Legacy - best know for its truth youth smoking prevention campaign - is committed to reaching young people with the knowledge and facts about tobacco’s social and health consequences, so teens can then make informed decisions about smoking. While the campaign is primarily geared towards teens, research has found its hard-hitting messages also resonate with young adults. A December 2010 study in the American Journal of Preventive Medicine found that awareness of the truth campaign reached as high as 68 percent among young adults ages 18-24 years.

Description of Little Cigar Products: Little Cigars are almost identical in size and appearance to cigarettes. Unlike cigarettes, which are wrapped in white paper, little cigars are wrapped in paper that contains some tobacco leaf. Cigarillos are longer and slimmer and often rolled in tobacco leaf papers. Increased use of these products is of particular concern as users may believe that cigarillos and little cigars are less harmful than cigarettes.

Legacy helps people live longer health lives by building a world where young people reject tobacco and anyone can quit. Legacy’s proven-effective and nationally recognized public education programs include Truth, the national smoking prevention campaign that has been cited as contributing to significant declines in youth smoking; EX, an innovative public health program designed to speak to smokers in their own language and change the way they approach quitting; and research initiatives exploring the causes, consequences, and approaches to reducing tobacco use. Located in Washington, D.C. the foundation was created as a result of the November 1998 Master Settlement Agreement reached between attorney generals from 46 states, five U.S territories , and the tobacco industry. To learn more about Legacy’s life-saving programs, visit LegacyForHealth.

Tobacco Industry Ads Oppose Proposed California Cigarette Tax to Fund Cancer Research

Wed, 16 May 2012 14:21:06 -0400

The tobacco industry is funding ads opposing California’s proposed tax on cigarettes to raise money for cancer research.

Proposition 29 would add $1 er pack of cigarettes, the Los Angeles Times reports. California will vote on the measure June 5. The tobacco industry ads note the tax would raise money for research, but not for treatment.

Proponents of the tax say it is expected to raise more than $800 million for research on tobacco-related diseases and prevention programs. They estimate the tax raise will prevent 220,000 young people from starting to smoke, and encourage 100,000 smokers to quit.

So far, Philip Morris USA & RJ Reynolds Tobacco, two of the nation’s biggest tobacco companies, and their affiliates, have spent more than $30 million against the proposal. in addition to criticizing it for not including funds for treatments, they have attacked the initiative for allowing the proceeds of the tax to be used out of state.

Supporters of the measure have raised $4 million. One backer of the proposal is seven-time Tour de France winner and cancer survivor Lance Armstrong, whose Livestrong Foundation contributed $1.5 million to the campaign. Other supporters include the American Cancer Society and the American Heart Association.

The proposal calls for 60 percent of the money raised to be used to support research on the prevention, diagnosis, treatment, an potential cures for tobacco-related diseases. An additional 15 percent would be used to build or lease facilities, or to be spent on equipment, while 20 percent would be used for tobacco prevention and cessation programs. The remaining 5 percent would be used for law enforcement programs to reduce illegal sales to minors and smuggling as well as administrative costs.

Can someone be held liable for being electronically present in an auto accident?

Wed, 16 May 2012 13:45:19 -0400

One September evening in 2009, a couple riding their motorcycle was sideswiped by a Chevy pick-up truck that crossed the center line. The cause of the accident - the 19-year-old driver of the pick-up truck was responding to a text message. Both cyclists lost their left leg. The driver of the truck plead guilty to three New Jersey law violations in regard to the accident - using a cell phone while driving, leaving his lane, and careless driving.

The couple has filed a personal injury lawsuit not only against the driver of the pick-up truck, but also against the woman he was texting with at the time of the accident. The suit claims that the woman should be held liable because she was aware that the man was driving and by texting him, she was being a distraction, therefore just as guilty as the driver. In a deposition, the woman first stated that she didn’t know the man was driving at the time the two were exchanging text messages, but later admitted that she may have known and also said “that is what teenagers do”.

The woman’s attorney has filed a motion to dismiss contending that she had no way of controlling when the man would read the text, that she had the right to assume he would read it when it was safe to do so, and the woman should not be held responsible is he chooses to read it while driving.

This is the first personal injury lawsuit due to distracted driving where someone not in the vehicle is being accused of negligence. Currently there are no court rulings anywhere in the U.S. that says a text-sender is liable if the receiver causes injury while reading the message. A Superior Court judge will rule on May 25 whether the woman can be included in the lawsuit. If this suit is successful, it could set a precedent where someone can be held liable for texting, even engaging in a phone conversation, with someone driving who gets in an accident.

Federal Tobacco Tax Increase Cut Number of Youth Smokers By...

Fri, 11 May 2012 15:46:33 -0400

Federal Tobacco Tax Increase Cut Number of Youth Smokers By 220,000

The large federal tobacco tax increase implemented on April 1, 2009 reduced the number of youth smokers by at least 220,000 and the number of youth smokeless tobacco users by at least 135,000 in the first two months alone, according to a new study released today by researchers at the University of Illinois at Chicago.

The researchers emphasized that the study measure only the immediate impact of the tax increase through May 2009, and the number of youth prevented from smoking and using smokeless tobacco would be much larger over time.

The study “showed that a large national tax increase can influence youth tobacco use within a very short time period,” the researchers wrote. “Adolescents not only respond to tax policy changes, but the speed of their response is fast. The prevalence of smoking and use of smokeless tobacco dropped immediately after the tax increase in this study, and statistically significant and meaningful changes could be measured and detected withing 30 days of the tax increase.”

(The study was published online by the National Bureau of Economic Research and can be found here.)

The new study comes as the tobacco industry, led by Philip Morris USA & R.J. Reynolds, is spending nearly $40 million to oppose a ballot initiative in California (Proposition 29) to increase the state’s cigarette tax by $1 per pack. The initiative would reduce smoking and fund research on cancer and other tobacco-related diseases, as well as tobacco prevention programs.

“This study shows exactly why the tobacco industry is spending so money to oppose California’s Prop 29: They know higher tobacco taxes are very effective at reducing smoking, especially among kids,” said Matthew L. Myers, President of the Campaign for Tobacco-Free Kids. “Because the truth us against them, the tobacco companies are spending huge sums on ads to deceive and confuse voters. Californians should ignore their lies and vote yes on Prop 29.”

Study Findings:

A 2009 law approved by Congress, the Children’s Health Insurance Program Re-authorization Act increased the federal tax rate on cigarettes by 61.66 cents per pack (from 39 cents to $1.0066) and on moist snuff, the most common form of smokeless tobacco, by 92.5 cents per pound (from 58.5 cents to $1.51). Taxes were also increase on other forms of smokeless tobacco.

The study investigated the changes in youth smoking and smokeless tobacco use rates following the April 2009 federal tax increases, using data from the Monitoring the Future survey, an annual national survey of 8th, 10th, and 12th grade students. Because the survey is conducted from February through May each year, it coincided with the April 1 tobacco increase and provided and effective means to measure the immediate impact.

The study found that the tobacco tax increase had a substantial and immediate impact.

The percentage of students who reported smoking in the past 30 days dropped between 9.7% and 13.3% immediately following the tax increase, while the percentage who reported using smokeless tobacco dropped between 16% and 24%.

Because of the tax increase, there were between 220,000 and 287,000 fewer current smokers and between 135,000 and 203,000 fewer smokeless tobacco users among middle and high school students in May 2009, the study estimated.

The study controlled other factors that influence youth tobacco use, including individual, family, and school characteristics as well as state tobacco control measures, including state cigarette taxes, smoke-free air policies and tobacco control funding.

The study also found that, even as youth tobacco use declined, federal tobacco tax revenues increase by 147 percent in the 12 months following the increase - from $7.1 billion in the 12 months before to $17.5 billion in the 12 months after.

The study “demonstrated that a well-designed, across-the-board tobacco tax policy can deliver both economic and health benefits, and has implications for policymakers at all levels when considering effective tobacco control policies to reduce tobacco use among youth,” the researchers wrote.

Support for the study was provided by the Robert Wood Johnson Foundation and the National Cancer Institute.

Patients Rights in a Nursing Home

Wed, 02 May 2012 12:33:00 -0400

When you or someone you love is faced with the decision to reside in a nursing home, it can be very scary. You should do as much research as you can on the facility and interview the residents themselves if allowed. One of the most important pieces of information that needs to be know is the patient’s rights while in the home.

There are federal and state laws in place to help protect the patient. It is imperative that you familiarize yourself with these laws and rights so you can be aware of them in the event you feel you are being violated.

Residents of nursing homes should be treated with quality care; there is no reason for disrespect, abuse, or negligence. The official U.S. Government site for Medicare lists some of the patients’ rights which are, but not limited to:

Individuals have the right to be treated with respect, free from mental or physical abuse; they should be addressed by their name, have freedom from restraints (unless deemed medically necessary), be fed, cleaned and clothed.

The patient has the right to receive information about the facility’s services and the fees in written form prior to entering the home.

Residents have the right to handle their own money and financial affairs; they may appoint someone else like a power of attorney to handle their business.

Patients have the right to privacy and are allowed to keep their personal belongings as long as it does not interfere or impose on another’s rights.

Individuals have the right to seek medical care by their physician of choice, have access to their medical records, and refuse treatments and/or medications.

Patients that reside in a nursing home have every right to be treated in the most humane way and with kindness. Recognizing nursing home abuse and neglect as quickly as possible is key. Being observant and knowing how to distinguish if something is wrong helps the patient get the best possible care. They should have the ability to make independent choices, have unrestricted and private conversations, be treated with dignity, have the option of placing a complaint if they choose, or have a concern addressed in a timely fashion.

Just because someone is a resident in a nursing home doesn’t mean they are stripped of everything; patients have rights.

Choosing a Nursing Home

As the old adage goes, “Knowledge is power”. The Centers for Medicare and Medicaid Services collects date on more than 15,000 nursing homes around the country each year. The information is then compiled on Medicare.gov where you can search an compare overall rankings. However, keep in mind that government rankings are limited and reflect a short period of performance.

If you or a loved one have been a victim of nursing home abuse or neglect, contact our attorneys at Domnick & Shevin.

Warning labels and instructions on products are important,...

Tue, 01 May 2012 14:01:00 -0400

Warning labels and instructions on products are important, especially ones that concern infants. Be careful and be sure to read all labels. If your or a loved one has been a victim of a product liability injury, make a call for justice and contact our attorneys at Domnick & Shevin today.

A BABY-PRODUCTS COMPANY EVOLVES, THROUGH GOOD TIMES AND BAD

To local sports enthusiasts, Leslie Gudel is likely best known for her Phillies reporting and anchoring on Comcast SportsNet.

To another category of fan, Gudel might not be known at all. But her portable baby reclines sure are.

Since they hit the market in early 2009, Nap Nanny and its current derivation, Nap Nanny Chill, have delivered countless parents from the spirit-crushing torture of life with an infant who would rather cry than sleep.

Among the grateful are celebrity moms Sandra Bullock and Jewel - or so suggest magazine pictures, gift registries, and personal expressions of thanks Gudel has received.

Nap Nanny is premised on the seemingly magical sleep-promoting powers of car seats, yet it is designed for a safer snooze. For one, a baby in a Nap Nanny sits at a 30-degree angle, a gentler incline than a car seat offers. Made of high-density foam and a fitted fabric cover, Nap nanny is contoured to a 40-degree angle at the feet t help prevent a baby from sliding forward out of it. A three-point harness assists.

Priced at $129.99 each, more than 100,000 recliners have sold, and Gudel’s company, Baby Matters L.L.C., exceeded $1 million in sales its first year.

The second year would bring a tragic development: the death of a 4-month-old Michigan girl while sleeping in a Nap Nanny that, contrary to product instructions, had been placed in a crib. The recliner is for use on the floor only.

Juliette Thiel’s asphyxiation death on July 9, 2010, reportedly was caused when her head got caught between the recliner and the crib bumper, haunts Gudel as a mother of two.

“It just crushed me,” and emotional Gudel, 45, said in an interview last week. That a product she had designed to bring relief to parents would be linked to the “severe mental disturbance… emotional distress… mental anguish” of two Michigan parents “was devastating for me,” Gudel said. Brian Thiel and Kristine Mako have filed a lawsuit against baby Matters in U.S. District Court in Detroit.

The novice entrepreneur with a staff of 13 (mostly mothers) said the litigation, which seeks unspecified damages, has been a gut-wrenching lesson on product liability and unintended uses.

“You have to know when you make a product that it can be used wrong,” Gudel said.

Her evolution from sports broadcasting to business owner was inspired by practical concerns. Her first child, daughter Kendall, was born in February 2004 without much of a sleeping gene. That meant Gudel wasn’t sleeping either.

“Forget water boarding,” she said, laughing. “Lack of sleep with a newborn is probably the greatest torture.

“Rather than subject Kendall to hours of endless crying in the crib, Gudel said she resorted to lying down with her on her chest, or putting her in a swing or car seat - admittedly, none of them ideal sleeping arrangements.

Gudel kept talking about creating a safer alternative until her husband, Jaime Kemm, a state police sergeant, urged her to turn that talk into action. She would chip away at it, sketching designs, filing for patents, and lining up manufacturers all while having a second child, son Chase, born in 2005 with no sleeping issues.

Start-up funds came from Gudel’s father, Al Gudel, 72, now retired from a title company in Southern California he ran for years.

“She didn’t ask me for any financing, I volunteered,” Al Gudel said last week during an interview from Las Vegas, where he had gone to help his daughter represent Nap nanny Chill at ABC Kids Expo. He would not disclose the amount of his investment but said, “I find this baby-products thing very interesting - and very confusing at times.”

For one, there is no consensus among pediatricians on the acceptability of babies sleeping on their backs at an incline. Lying flat is “considered a safer sleep environments” because there is no risk of a head flopping forward, causing an airway obstruction, said Garry Gardner, an Illinois pediatrician who is also chairman of the American Academy of Pediatrics Council on Injury, Violence, and Poison Prevention. The AAP recommends that “babies sleep flat on their back in a firm-mattress crib or bassinet,” Gardner said.

“There are certain exceptions we make for everything,” countered Jeanette Levenstein, a pediatrician in Encino, california, who even lends Nap nanny recliners to her patients. She considers the seat especially helpful for babies with acid reflux and other gastrointestinal or esophageal problems. She called the Nap nanny “very innovative”.

Only two companies are believed to be on the market with an “incline sleep” product for infants and young children.

Gudel’s original patent application was for a recliner to be used in a crib, which the pending wrongful-death lawsuit notes in asserting that Juliette Thiel’s parents were not at fault in using the Nap Nanny the way they did.

What the patent said is irrelevant, Leslie Gudel, said, noting that all marketing materials and warning labels have consistently said the recliners should be used only on the floor.

Larry Bennett, a Michigan lawyer for Juliette’s parents, declined comment.

Four months before Juliette’s death, the Consumer Product Safety Commission notified Gudel that it had received two incident reports on Nap Nanny - one involving a cut forehead sustained by a 5-month-old boy whose head became entrapped between the recliner and the side of a crib the seat had been placed in. Despite being harnessed in the seat, the child had fallen sideways out of the Nap nanny, according to commission documents. The other report involved a 10-week-old boy who, while restrained in a Nap Nanny, partially fell over the side and was found uninjured hanging with his neck bent backward about an inch from the floor.

In May 2010, the commission recommended improvements to the harness and to the Nap Nanny warning labels and instructions.

Gudel and the commission were in negotiations over voluntary corrective action when the Thiel infant died. Within weeks, the commission and Baby Matters announced a voluntary recall of 30,000 Nap Nanny recliners. Depending on the recliner model they owned, affected consumers were urged to contact the company for an $80 coupon toward purchase of a newer model or visit the website to get new product instructions and warnings. There, the company also posted a video to show consumers how to properly fasten the harness.

The newest model, Nap nanny Chill, has slightly higher sides a more snug contour, to further limit the ability of infants to turn sideways while in the seat, Gudel said. Warnings about using the recliner only on the floor are prominently displayed.

The recall probably cost the company about $1 million in sales, Gudel said, yet overall sales continued to grow through that time.

What she needs now, Gudel said, is a partner to finance the conversion of other ideas she has for marketable baby products.

What motivates her to continue in such a challenging industry?

“Testimonials like the mom who said, ‘Thank you for giving me my life back,’” Gudel said. “Sleep is so valuable.”

The family of a paralyzed North Bergen woman who suffered abuse...

Fri, 27 Apr 2012 13:05:48 -0400

The family of a paralyzed North Bergen woman who suffered abuse at the hands of at least one nursing home employee has released a video of the alleged abuse, My9 News reported.

The family of Modesta Alvarado, who died at the Harborage nursing home home on River Road in North Bergen on January 6, 2011, says that their video shows that more employees were involved in the abuse, although only one person has been charged, the report said.

In an interview, Evan Rodriguez, Alvarado’s grandson, said one of the workers tells Alvarado “Lady, why don’t you die” in a secret video recording. The family had installed the “granny-cam” when they became suspicious of the Harborage staff after they found numerous bruises on Alvarado.

Harborage employee, Julia Galvan, was charged with assault, abandonment, and neglect of the elderly. Officials at Palisades Medical Center, which operates Harborage, said that Galvan was fired after her arrest.

Rodriguez and his mother, Gloria Diaz, who have file a lawsuit, say that their video also shows other staff member abusing or treating Alvarado roughly.

If you or a loved one has been a victim of nursing home abuse, make a call for justice and contact the attorneys at Domnick & Shevin today.

Family Dollar Stores Should Reverse Decision to Start Selling Tobacco Products

Thu, 26 Apr 2012 15:56:50 -0400

Leading public health organizations are calling on Family Dollar Stores to reverse its recent decision to start selling cigarettes and other tobacco products.

The campaign for Tobacco-Free kids and Break Free Alliance, which works to reduce tobacco use among low-income Americans, have written to Family Dollar urging that the company immediately reverse this decision to protect its customers’ health and stay true to its name as a business that values families. Other organizations calling on Family Dollar to reverse its decision include the American Academy of Pediatrics, Legacy, the National Latino Tobacco Control Network, and the inter-tribal Council of Michigan.

Tobacco use is the leading preventable cause of death in the United States, killing more than 400,000 Americans and costing the nation $96 billion in health care bills each year. Nearly 90% of all smoker start as children. Family Dollar’s decision to sell tobacco products for the first in its history will ad to tobacco’s devastating toll and hurt families - in particular, the millions of lower-income families that are Family Dollar’s core customers.

Family Dollar executives told Wall Street analysts last month that the chain of 7,100 discount stores would begin selling tobacco products int he next several months.

“Given the devastating toll of tobacco use on America’s children and families, we believe your decision is an enormous step in the wrong direction,” the health groups wrote in a letter to Family Dollar Chairman and CEO Howard Levine.

“Selling tobacco to your customers will make it easier for them to become addicted or sustain an existing addiction and suffer the dire economic and health consequences of tobacco use. The fact that your customer base is comprised of low-income families makes your decision even more troubling. Low-income people smoke more, suffer more, spend more, and die more from tobacco use…Sales of tobacco products at Family Dollar stores will only worsen these terrible burdens and health disparities.”

Smoking in the United States increasingly has become concentrated among lower-income populations. The smoking rate among low-income adults is 26.9%, compared with 19.3% for all adults, according to data from the Centers for Disease Control and Prevention. Because of their higher smoking rates, lower-income populations suffer disproportionately from smoking-caused disease and also are more likely to suffer the harmful consequences of exposure to secondhand smoke.

Lower-income smokers spend a greater share of their incomes on tobacco than do other smokers, and often have limited access to health care. They may be more likely to be diagnosed with illnesses caused by tobacco use at a later stage, after their conditions have worsened and they are in greater need of care and services. State medicaid programs alone spend more than $30 billion a year on treating smoking-related illnesses among low-income beneficiaries.

Family Dollar’s decision runs counter to a trend among pharmacies, grocers and retailers to pull tobacco products from their shelves. Big chains such as Target and Wegmans have stopped selling tobacco, and Dollar Tree stores are also tobacco-free.

The company’s decision is also at odds with health care initiatives long supported by the Leon Levine Foundation, founded by Family Dollar’s founder and former CEO Leon Levine. Though the foundation is wholly seperate from Family Dollar Stores Inc., it is hard to ignore the contradiction between selling tobacco - and thus promoting the use of an addictive and deadly product - while simultaneously supporting health programs and institutions.

Greensboro police are investigating a case of alleged elder...

Wed, 18 Apr 2012 16:34:37 -0400

Greensboro police are investigating a case of alleged elder abuse at Maple Grove Health and Rehabilitation Center on Meadowview Road.

The rehab center called police and the patient’s daughter on Friday after they realized Elizabeth Kennedy, 86, had injuries to her head.

“They told me that my mom had taken a blow to the head,” said Louise Jones, the patient’s daughter.

Jones said she trusted the staff at Maple Grove to provide constant care for her mom, who suffers from dementia. “She’s 86 and defenseless and I wasn’t there to protect her,” Jones said.

Jones said she believes one of the aides punched her mother in the head and showed FOX8 the pictures of the bruise.

“It was all kinds of emotions when I saw her- hurt, anger, revenge,” Jones said. “She’s like my child. She can’t get up. She can’t walk. This is the coldest of anybody. They’ve got to be of the devil. They have to be.”

FOX8 reached out to the Rehab Center for comment, but no one returned calls y Monday night.

“They’re doing everything to get to the bottom of it. They called someone in from corporate office. She’s here,” Jones said.

Jones said she is concerned for everybody who is in the care of Maple Grove, and she wants justice.

“If they have any godly thing in them, maybe the can come forth on their own, and maybe it can make it a little bit easier. But I don’t think it will ever justify for how I feel, what it’s put me through, and what my mother has endured,” she said.

Jones said Maple Grove has offered to place her mom in another facility, but Jones said her mother’s doctor can only come to this home.

Jones lives in Cherokee, about four hours away, and has been with her mom since Friday.

Odwalla has issued a nationwide recall of its Chocolate Protein...

Wed, 18 Apr 2012 15:14:17 -0400

Odwalla has issued a nationwide recall of its Chocolate Protein Monster beverages after receiving several reports of severe allergic reactions to the drink. The bottles of the drink to be pulled have expiration dates before and including May 23, and were distributed for the past seven weeks to retail food stores and on-premises foodservice establishments.

Odwalla, a unit of the Coca Cola company, said the recall was initiated after four consumers complained they suffered from allergic reactions after drinking the product.

The U.S. Food and Drug Administration (FDA) reports that those who did have reactions were allergic to peanuts or nut products. According to Odwalla, the facility where the drink is produced doesn’t make any products that contain peanuts. The juice company also clams that the drink itself contains no peanut or tree nut ingredients. However, those who complained of reactions claim they have no allergy to soy or milk two of the ingredients in the beverage.

Meanwhile, the FDA is warning anybody with an allergy to peanuts that they may be risking serious, life-threatening allergic reactions if they drink this product.

If you or someone you know has had an issue with product liability in the past, contact the attorneys at Domnick & Shevin.

UT Tobacco Ban Encourages Healthier Habits Among Users

Fri, 13 Apr 2012 15:30:08 -0400

UT Tobacco Ban Encourages Healthier Habits Among Users:

After years of heated debate over the use of tobacco on campus, UT announced Wednesday it will prohibit the use of tobacco products on all University property, effective this month.

Nursing home abuse and neglect from volunteer workers.

Fri, 13 Apr 2012 13:16:00 -0400

When you trust your loved one to a care facility, you expect that they will be treated with respect and dignity, and proper care will be taken of them at all times. Many of the employees at nursing homes are experienced medical practitioners who have been trained to deal with the unique needs of the elderly. Others have received little or no training at all and may even be at the nursing home on a volunteer basis.

Nursing home abuse and neglect of any sort is deplorable. However, when your loved one suffers abuse and neglect from improperly trained workers or volunteers, you may wonder if you have any cause for recourse. You do, and an experienced nursing home abuse and neglect attorney will be able to investigate your claim, hold the responsible parties accountable, and seek justice for you and your family.

Signs of abuse or neglect:

broken bones

bruises or cuts

bleeding around the genitals

improper medication

malnutrition and dehydration

over or under medication

bed sores

unsanitary conditions

According to the National Center on Elder Abuse (NCEA), nearly three million people currently reside in nursing homes. The NCEA estimates that over half of them have suffered some form of abuse at the hands of both paid and volunteer staff. if you notice any of these signs of nursing home abuse, contacting a lawyer immediately can help protect your loved one and see that proper compensation is granted.

The attorneys at Domnick & Shevin are experienced in the area of nursing home abuse cases. If you or a loved one have been a victim of abuse or neglect make a call for justice today.

Nail Salons Are Still Toxic

Fri, 13 Apr 2012 12:46:25 -0400

Non-toxic nail polishes are actually toxic.

This disturbing conclusion comes from the California Department of Toxic Substance Control, which tested 12 nial products that claim to be free of formaldehyde, toluene and dibutyl phthalate. These chemicals, known as the “toxic three”, have been linked to an increased rate of cancer and birth defects.

At least 10 of the product contained toluene, while 5 contained a significant amount of at least one of the chemicals.

This discovery is a big deal in California, where there are 48,000 salons and 120,000 licensed nail technicians. These women work long hours and breathe in harmful chemicals, explains Los Angeles Times. They often suffer from respiratory issues and skin conditions.

Many salon owner, such as the one interviewed by the Times, try to use non-toxic nail polishes and products to ensure worker safety. Now it seems their efforts were for nothing.

California requires labels to list all toxic chemicals, which means these nail polish companies are breaking the law. It’s unclear what the state will do, but the Times suggests that regulators could ramp up oversight, look for safer alternatives and renew efforts to ensure that salons are properly ventilated.

Or the salon owners and nail technicians that use the products can just file a lawsuit.

At the very least, improperly labeling toxic nail polish as non-toxic violates the state’s consumer protection laws. At the very worst, the failure to properly label the products could have contributed t worker illness, paving the way for a personal injury suit.

Whatever happens, these companies will likely no longer be able to label their toxic nail polished as non-toxic.

Products that are used often, such as nail polish, can be toxic. Be sure to read warning labels.

Two 23-Year-Olds Die in Wellington Wrecks

Wed, 04 Apr 2012 12:03:57 -0400

Two 23-Year-Olds Die in Wellington Wrecks:

Drinking and driving kills, be safe on South Florida roadways. Drugs and alcohol can cause fatal car accidents.

Man caught selling tobacco to a minor.

Fri, 30 Mar 2012 14:18:02 -0400

Man caught selling tobacco to a minor.

After infested bedsores were found covering much of a...

Fri, 30 Mar 2012 14:14:42 -0400

After infested bedsores were found covering much of a 79-year-old woman last fall in Cape Girardeau, her live-in caregiver faced criminal charges in connection with her death.

Authorities believe substandard care provided by Sherrie Coomer, 53, of Patton, M., contributed to the woman’s death from a sepsis infection.

This week, Commer pleaded guilty to a charge of second-degree involuntary manslaughter, said Cape Girardeau County assistant prosecutor Angel Woodruff. Coomer will be sentenced April 23 and faces from one year in the county jail to up to four years in state prison.

According to court records, Coomer was paid by the victim to stay with her24 hours a day, seven days a week, and perform daily tasks such as grooming and bathing.

Home health companies that provide similar services for patients on Medicare and Medicaid must meet strict licensing and training requirements, but private-duty home care providers like Coomer are not regulated by that state.

“A similar incident in southwest Missouri many years prompted the legislators to take a look at possibly mandating licensure, but there was such a huge outcry from these individuals and their clients that they did not push any further,” said Teresa McCulloch, CEO of the Visiting Nurse Association of Southeast Missouri.

Hiring an individual privately rather than through a home health company may be less expensive, but that’s because they don’t face the same regulations for criminal background checks, drug screenings, or training that licensed companies do.

According to the U.S. Bureau of Labor Statistics, home health aides who work for a certified home health provider earned a mean hourly wage of $10.49 in 2011, while personal aides earned a mean hourly wage of $9.88.

Home health aides with licensed companies are required to have 20 hours of classroom training and then go through a supervised field training program. Aides are trained about elder abuse, neglect, and exploitation as well as how to spot skin ulcers, like the ones that became infected in Coomer’s patient.

The umber of elder abuse cases reported is increasing each year, according to the Missouri Department of Health and Senior Services. Initial reports of elder abuse, neglect, and financial exploitation have risen from 12,177 in 2006 to 17,718 in 2010.

Along with proper training, supervisions is also important in ensuring the safety of clients. Medicare and Medicaid require a supervisor to visit aides to observe them working and also requires a supervisor to visit patients when no aides are there in case they don’t feel comfortable talking in front of them.

“When you hire a home care aide privately, the client or their family needs to be sure they know what they are getting and they need to provide the supervision for their family member. As the saying goes…let the buyer beware,” McCulloch said.

Source

If you or a loved one has been a victim of elder abuse or neglect, make a call for justice and contact the attorneys at Domnick & Shevin today.

Doctor's Failure to Diagnose Breast Cancer Leads to $15M Malpractice Award

Fri, 30 Mar 2012 11:57:06 -0400

A New York woman was awarded $15 million in damages after filing a medical malpractice lawsuit against a doctor she claimed missed early signs and symptoms of her developing breast cancer.

In 2002, the then-40-year-old woman conducted a self-exam and felt a small lump. The radiologist who analyzed her mammogram images told her she had a clogged milk duct and had nothing to worry about. He was very wrong.

After 16 months, the mother of three went back to the doctor because the lump had grown. She received a breast cancer diagnosis at that time, meaning she had gone more than a year without being treated. The cancer had spread to her lymph nodes, and a mastectomy followed by radiation and chemotherapy treatments failed to prevent the disease from also spreading to her bloodstream and bones. Her long-term survival is questionable.

During her medical malpractice trial, the victim’s attorney stress the fact that she had done what she was supposed to do, but the doctor was negligent in his duties. Although no one will ever know for sure, it is possible that the cancer would not have spread and she would have a better prognosis if the radiologist had made the initial diagnosis correctly.

Source.

If you or a loved one has been a victim of medical malpractice, make a call for justice and contact our attorneys at Domnick & Shevin today.

Youth help others fight tobacco use.

Wed, 28 Mar 2012 13:45:51 -0400

Youth help others fight tobacco use.:

Nicotine is a highly addictive substance. Even after the first use it can become a lifelong addiction with fatal consequences.

Visit our Tobacco Use page for more information on this deadly product.

The Many Signs of Nursing Home Abuse

Wed, 28 Mar 2012 11:25:15 -0400

Admitting a loved one to a nursing home is not always the easiest decision and with cases of elder abuse rising the decision of where to place your loved one is becoming even more of a challenge. The article below discusses the different types of abuse and how to recognize the warning signs.

“Nursing home abuse can take many forms, including physical, sexual, and emotional abuse. Other forms include general neglect and financial fraud.

Physical abuse in nursing homes can range from physical injury to the improper use of medications and restraints. It is probably the easiest form of nursing home abuse to spot because there re usually obvious signs of injury present such as broken bones, bruising, and cuts.

Emotional abuse in a nursing home can be either in the form of verbal abuse or passive abuse. Verbal abuse includes speaking to an elderly person in a way that causes fear, anxiety, and distress. This can take the form of insults, taunting, or threats. A more passive form of emotional abuse includes caregivers who ignore the patient or subject the patient to long periods of isolation. Even though it’s more difficult to detect, emotional abuse an be extremely damaging and may leave long lasting emotional scars.

General neglect is a major form of nursing home abuse. In some cases, staff may withhold food or water. In others, the nursing home fails to change bed linens or provide residents with clean clothing. Nursing homes may fail to monitor patients for preventable illnesses and injuries like bedsores and viruses. Some withhold medication from their patients and fail to administer it at the prescribed intervals.

Financial abuse ranges from slowly stealing small amounts over time to complex operations designed to take entire life savings. Many advocates argue that financial abuse is perhaps the most common form of elder abuse today, but in many cases is the most difficult to detect and rectify.

There are many signs to look for if you suspect your loved one may be a victim of nursing home abuse:

unusual bleeding, bruising, or weight loss

wounds, cuts, or sores

hair loss

decline in personal hygiene

burns and abrasions

soiled and torn bedding

unresponsiveness, loss of interest

emotional or physical withdrawal

infantile or aggressive behavior towards friends and family

hurting another resident

loss of personal belongings

unusual financial transactions

bickering with staff

staff refuses access to patient during regular visiting hours

staff does not leave the room during visit

Source

Research to study quality of care in private nursing homes.

Mon, 12 Mar 2012 11:56:42 -0400

Research to study quality of care in private nursing homes.:

A new University of Alabama study reveals that nursing home quality of life deteriorates as private equity profit-driven corporations take over ownership of the facilities.