Articles Posted in Uncategorized

According to the San Jose Mercury News, three former nursing home workers have been charged over allegations that one abused an elderly resident, while the other two did nothing to stop it. Officials with the California Department of Justice says agents on Wednesday arrested 27-year-old Arnold Samson on suspicion of committing elder abuse and battery against a resident at the Idylwood Care Center in Sunnyvale. The other two, 22-year-old Ryan Tan and 50-year-old Ricardo Martinez were also arrested. Authorities say they knew about alleged abuse, but failed to report it, as required by law. Idylwood spokesman Larry Kamer told the reporters that the three no longer worked at the center. All of the charges are misdemeanors.
In January agents from the state Bureau of Medi-Cal fraud and Elder Abuse received an allegation of sexual misconduct from the Department of Public Health’s Licensing and Certification Division. A staff member reported that one of the Idylwood residents was complaining to him about being grabbed in the “private area” over several days by one of the certified nursing assistants. As the employee was in the process of questioning the resident, he said he saw Samson grab the resident’s genitalia and make a crude comment. The employee reported the abuse immediately and Samson was suspended. A news release from the state department stated several members, whom agents interviewed, said Samson had grabbed and pulled on the testicles of the same resident and made crude comments on other occasions as well as threatened to touch resident’s private parts in an attempt to torment him. In an interview with agents, Tan allegedly admitted that he had seen Samson threaten the resident several times. Tan also allegedly told agents that he watched Samson grab the man’s private parts while the resident was sleeping “in order to get a rise out of him.”
Here at the Brod Law Firm we agree with what Kamala Harris said in a statement regarding the matter: “As a mandated reporter, caregivers are bound by law to report anyone they see commit abuse or are told an abuse has occurred. We want to send a clear message to facility caregivers around the state that if you fail to report abuse, we will come after you.” If you or a loved were suffered abuse at a nursing home facility, please contact our firm for a free consultation.

According to SFGate.com, a class action lawsuit has been filed in California by two Safeway shoppers, Dee Hensley-Maclean of Montana and Jennifer Rosen of San Francisco, with the aid of the Center for Science in the Public Interest. The lawsuit says that Safeway failed to notify its regular customers about a Salmonella recall, even though it had the tools to do so through its Safeway Club Card program. Safeway is claiming that it is not always possible to reach shoppers via its loyalty program, although it says it attempts to do so in other ways, such as posting recall information on its website, complying with legal and regulatory requirements regarding food recalls, and sending out press releases.

Hensley-Maclean said she bought peanut butter crackers and Nutter Butter sandwich cookies that had been recalled because of Salmonella contamination. Rosen said she bought eggs that had been recalled ude Salmonella-contaminated eggs, though no one in her family became ill. Both plaintiffs argue that they and others who bought recalled food should be refunded the price of those purchases and that Safeway should commit to using its Club Card program to contact consumers about future recalls. Rosen is upset mostly because she has two small children who could have become sick, or perhaps died, had they consumed contaminated eggs.

When a Safeway shopper fills out an application for a club card, they are asked to fill out their name, address, telephone number and email address so they can be notified of store promotions. Then that information goes into a database that the company uses to analyze customer shopping habits. Here at the Brod Law Firm we believe that if Safeway can use club member information to notify them about special deals in order to boost sales, then they should do the same by notifying customers about recalls in order to boost consumer confidence and loyalty. This lawsuit is not about people becoming sick or injured due to eating contaminated food, it is about asking Safeway to take off its corporate tinted glasses, take a look at the bigger picture, and do what is right by the consumer.

California Watch reported last week that, since 2010, five lawsuits have been filed against nursing home operators, all of which allege neglect or abuse due insufficient staffing. The lawsuits are a “big wake-up call,”according an attorney representing one of the plaintiffs. State data was used by prosecuting attorneys to identify nursing home chains and facilities that provided inadequate numbers of staff, and their message is clear: the practice of earning profits through understaffing is no longer acceptable, now that plaintiffs are fighting back. Complaints by the plaintiffs varied and include: being left unattended, call lights were left unheeded; received inadequate help with getting to the bath room, which resulted in sitting in a urine-soaked bed for yours; one resident was not moved enough to avoid developing bed sores; inadequate assistance with eating and rough handling by staff; being drugged until feeling sleepy and groggy; surgery to correct bedsores.

As we have stated before, deciding to place a family member in a nursing home is painful and difficult. Some families, however, have no other choice when the medical and physical demands make other options impossible. Choosing the right and appropriate home is not a task to be taken lightly. Families should make an appointment to tour each home in which they are interested. During each tour they should ask to see more than the public areas and visit several residents’ rooms. And, if possible, families should try to walk through the facility on their own, which will allow them to experience it without input from staff or the managing director, who may have a one-sided biased interpretation. Also, It is advisable for families to meet the other caregivers, faculty, and staff, and establish a relationship with them, and make sure that their loved ones receive care in a manner and in an environment that promotes dignity and respect. Here at the Brod Law Firm, we believe there is no substitute for visiting and seeing for yourself if a particular nursing home is acceptable-we have heard too many horror stories from families about relatives that were neglected or abused due to lack of oversight.

http://The term third-hand smoke is a relatively new term that troubles some researchers and non-smokers. According to a study published in the Journal of Pediatrics, and as is discussed in Scientific American, third-hand smoke is a cocktail of toxins that linger in carpets, sofas, clothes and other materials hours or even days after a cigarette is put out, and it is a health hazard for infants and children. The study shows that most people surveyed agreed second-hand smoke is dangerous, but not all agreed that third-hand smoke can harm the health of infants. Third hand smoke actually refers to the toxins that remain and then pile up over time, coating the surfaces of a room. In small spaces the build up is heavy and noticeable, in larger spaces it is less visable-but that does not mean the smoke can not enter a child’s nose. Smokers, too, are contaminated and actually emit toxins from both their clothing and hair.
The toxins may be difficult to quantify, nevertheless they are present after the cigarette is put out. Consider the this: cyanide, a chemical that interferes with the release of oxygen to the tissues, and arsenic, a poisen used to kill mammals, are present in cigarette smoke. These toxins can build in layers on surfaces, such as floors, and pose a greater risk to children, simply because they are the ones exposed to these surfaces. They also ingest twice the amount of dust as adults, as they are have faster respiration and are closer to dusty surfaces. The developing brain is especially susceptible to low levels of toxins. As a result of these new revelations, several courts have recognized the right of children to be protected from thirdhand smoke. For example, in custody disputes, some judges have stipulated that there be no smoking 24 to 48 hours before a child is expected to arrive and smoking– or banned even when the child is not present, thereby protecting them from third-hand smoke. This new information shows that as more people become aware of the dangers of tobacco smoke residue, both judges and legislators will face the challenge of extending to nonsmokers the same protections from third-hand smoke as are provided from second-hand smoke.

After the September 9th gas line explosion in San Bruno that killed eight people and destroyed and damaged more than 50 homes, it makes sense that Pacific Gas and Electric Co.’s board of directors is hiring an independent consulting firm to review its natural gas transmission and distribution. According to Bloomberg,the spokesman for PG&E said the study is aimed at identifying best practices in the natural gas industry and steps the utility can take to provide confidence it’s following them. Consultants, from Process Performance Improvement Consultants, will assess the company’s safety practices and then recommend changes where appropriate. The firm also will examine new industry trends for gas line inspections, accident prevention, maintenance, capital planning and engineering. Once the review is complete, it will be overseen by independent members of the board and is expected to be completed by September of next year. The California Public Utilities Commission is also looking into the San Bruno Explosion and trying to determine exactly what caused it, and they have asked that PG&E reduce pressure in certain transmission pipelines by 10 percent, according to southsanfranciscopatch.com. During that time, PG&E will give $25 debit cards to customers who use less gas this month compared to average use at the same address for the past three Decembers. They will also offer a 20 percent credit on utility bills for customers who use 10 percent less gas than during those same months last year.
It goes without saying that even though the residents of San Bruno and the surrounding cities know that natural gas is highly needed during the winter months, they realize what is more important is that they comply with the request to use less, as natural gas is extremely dangerous and no one wants to live thru another accident. We all expect that PG&E properly installs and maintains their equipment, but as the explosion revealed, we can never assume that we are completely safe. The consequence of flawed or defective products and workmanship can be catastrophic explosions, which usually result in deaths and people being severely burned or disfigured. Here at the Brod Law Firm, we have successfully handled and won burn cases. If you or a loved fell victim to a natural gas explosion or burn injury, please contact our firm for a free consultation.

According to the pressdemocrat.com, the body of a kayaker was recovered from the ocean south of Mendocino last week, one day after he was reported missing. The victim, Donnie Kelly Foster, 56, was from Mountain View. He had set out on his 7-foot blue, whitewater kayak near Mendocino Bay and the Big River area at about 3p.m. on Tuesday. Foster and his wife went to the coast for the Thanksgiving holiday. Forrester had gone out on the ocean on Monday and Tuesday Morning and returned safely, but did not return after he went out Tuesday after noon. He was the second person to die Tuesday in the rough waters off the Sonoma and Mendocino coasts. A 71 year old Sacramento man who was crab fishing with friends north of Bodega Bay drowned after his vessel capsized. Forester’s wife told rescuers that her husband was an adventurous person who enjoyed extreme outdoor activities. According to Coast Guard rescuers, he was not wearing a life jacket, and he was nothing but a thin dry-suit-like jacket and fleece pants.

Here at the Brod Law Firm we often hear stories of water sport enthusiasts who underestimate the often treacherous conditions of the ocean and then become injured because they did not take the proper safety precautions, like wearing a life jacket. Considering the many boating and kayaking fatalities, the unpredictable nature of waters, the instability of kayaks, and the risk of drowning or hypothermia from capsizing or falls overboard, it makes sense to always wear a life jacket. A properly fitted life jacket can prevent most fatalities. The following are safety tips from the U.S. Coast Guard:

• Always wear a life jacket • Be comfortable in the water, out of your boat • Obtain the knowledge, skills and ability necessary for kayaking and canoeing • Always boat with a group. Three boats is a recommended minimum.

The Brod Law Firm is posting a very short blog today and taking the rest of the week off.

Don’t forget to stay safe during theThanksgiving holiday. Specifically, stay alert while driving to and from relatives and friends, be careful in the kitchen, if you’re the one cooking the Thanksgiving dinner, and be aware of your surroundings while shopping on Black Friday.

Happy Thanksgiving!

According to the Center for Disease Control (CDC), a strain of E. coli bacteria linked to 33 illnesses in five states has been found in samples of Bravo Farms Gouda cheese, which is sold at Costco stores. The outbreak involves a rare strain of E. coli that the Centers for Disease Control have never seen before. On November 4, federal officials and Costco stores warned customers not to eat a raw milk Gouda cheese made by Bravo Farms, based in Traver, California. E. coli cases have been reported in the following states: 15 in Arizona, 10 in Colorado, 3 each in California and New Mexico, and 2 in Nevada. The CDC said 15 of the patients were hospitalized, one of whom developed hemolytic uremic syndrome, a potentially fatal kidney complication. Patients range in age from 1-18, with October 24 as the latest onset date. No deaths have been reported.

E coli that matched the strain has been found in samples from two opened packages from two different patient homes, and preliminary tests from an unopened package from a Costco store came back positive for E coli, according to the CDC. Additional tests on samples from opened packages from two other patients revealed E. coli, and more tests are underway to confirm the findings. The Bravo Farms Dutch Style Gouda cheese was offered for sale and in cheese sampling events at Costco Wholesale Corporation locations in Arizona, California, Colorado, New Mexico and Nevada. The CDC advises Consumers in possession of this cheese that they should not eat it and that they should either return the cheese to the place of purchase or dispose of the cheese in a closed plastic bag and place it in a sealed trash can to prevent people or animals, including wild animals, from eating it.

What is being done to protect consumers? The FDA, CDC and Costco are working together on the investigation and will update the public with more information as soon as it is available. As more information becomes available, the recommendations to consumers may change. The FDA in conjunction with the state of California has initiated an investigation at Bravo Farms. Costco is advising consumers to return any remaining Bravo Farms Dutch Style Gouda cheese they may have at home to Costco for a full refund. Costco has voluntarily removed the cheese from its stores and, using card purchase records, has notified consumers by phone of the situation.

According to the Los Angeles Times, AT&T Mobility vs. Concepcion, a case involving AT&T that goes before the U.S. Supreme Court next week, will have serious ramifications for potentially millions of consumers if AT&T gets their way. If a majority of the nine justices vote on the side of AT&T, any business that issues a contract to consumers-such as for credit cards, cell phones, or cable TV-would be able to prevent them from joining class-action lawsuits. This would take away

a consumer’s leverage when they want to seek compensation from an entity, especially when small amounts of money are involved, as class actions allow plaintiffs to band together in seeking compensation or redress and gives clout to their claims. The ban on class actions could apply to employment agreements and union contracts. Consumer advocates say that without the threat of class-action lawsuits, many businesses would be free to engage in unfair or deceptive practices. A lot of people would be stripped of their right to sue over contracts violations, as not many would be willing to litigate on their own a case involving small amounts.

What is to be decided is whether the Federal Arbitration Act of 1925 preempts state courts from striking down class-action bans. The federal law requires both sides in a dispute to take their grievance to an arbitrator, rather than a court, if both sides have agreed in advance to do so. Initially, AT&T asked the U.S. District Court for the Southern District of California to dismiss the case because its contract forbade class actions. The court ruled that a class-action ban violates state law and is not preempted by the federal law, and the U.S. 9th Circuit Court of Appeals upheld the lower-court ruling. Then AT&T petitioned the Supreme Court to hear the case. As it stands, it looks as if high court is interested in extending the reach of the Federal Arbitration Act.

According to newsiferno.com, a lawsuit has been filed against Johnson and Johnson, claiming that it’s pain reliever Motrin caused Sabrina Brenton, a six year old girl, to lose her eyesight, one of handful of serious complications of the syndrome, after developing Stevens Johnson Syndrome. Apparently the girl was treated with three children’s Motrin for a fever, after which she soon showed symptoms of the rare yet serious and often deadly syndrome. There is no definitive cause or known trigger, but it seems that a number of anti-inflammatory drugs-NSAID’s, such as ibuprofen, have been connected to SJS cases. Noteworthy is the fact that SJS did not manifest immediately in Sabrina’s case, as symptoms were absent in the first couple of doses. Many drugs do list skin reactions as potential symptoms of an allergic reaction to the medication– which refer to skin allergies and SJS– but do not list them as specifically as possible reactions.

According to the May Clinic, Stevens-Johnson syndrome is a rare, serious disorder in which your skin and mucous membranes react severely to a medication or infection. Often, Stevens-Johnson syndrome begins with flu–like symptoms, followed by a painful red or purplish rash that spreads and blisters, eventually causing the top layer of skin to die and shed. Other Symptoms associated with the syndrome include: facial swelling; tongue swelling; skin pain; hives; blisters on skin and mucous membranes, especially in the mouth, nose, and eyes. Before the rash develops, a person with Steven-Johnson syndrome may experience burning eyes, in addition to the flu-like symptoms already mentioned. Anyone experiencing the above symptoms should seek medical attention immediately. The Mayo Clinic states that the exact causes of Stevens-Johnson syndrome can’t always be identified; however, the condition is usually an allergic reaction in response to medication, infection, or illness. Medications are the most common culprits, and they include: anti-gout medications, such as allopurinol; nonsteroidal anti-inflammatory drugs; sulfonamides and penicillins, used to treat infections; and anticonvulsants, which are used to treat seizures.

If you or a loved one has suffered due to the use of medications, over the counter or otherwise, or have questions regarding product liability law, please call our office. We have over 10 years experience pursuing product liability claims and will aggressively work on your behalf to get you the compensation you deserve.