San Francisco Injury Lawyer Blog

The recent recall of eggs is largest in years. Last week Wright Country Egg of Iowa recalled 228 million eggs after a traceback investigation by the CDC linked a salmonella outbreak to the firm’s eggs. As of yesterday, the recall has expanded to 300 million. The Food and Drug Administration has activated an emergency operations command center in response to the outbreak. FDA investigators are still trying to determine the source of the contamination. They are performing environmental assessments of farming conditions and practices such as pest and rodent controls, biosecurity plans, environmental monitoring, sanitary controls, and feed sources. The FDA is also initiating effectiveness checks of the recall, conducting checks at retail stores, wholesalers, and distributors to make sure the recalled shell eggs are being removed from the market. Since July 17, the CDC has received around 2,000 reports of illness due to Salmonella. Recalled eggs affected by the recall are packaged under the brand names: Albertsons, Farm Fresh, Glenview, Mountain Dairy, Ralphs, Boomsma, Lund, Lucerne, Kemps, Pacific Coast, Ralph’s, Sunshine, Hillandale, Trafficanda, Shoreland, and Dutch Farms.

The symptoms associated with Salmonella are fever, diarrhea (sometimes bloody), nausea, vomiting, and abdominal pain. In rare circumstances, a Salmonella infection can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections, endocarditis, and arthritis. Salmonella can cause serious or fatal infections in young children, frail or elderly people, and those with weakened immune systems. The FDA is reminding people to discard the recalled eggs or return them for a refund, not to eat raw eggs, avoid restaurant dishes made with raw or undercooked, unpasteurized eggs. Here at the Brod Law Firm we want to remind consumers to always investigate the sources of the food products they are buying. We have heard numerous stories of consumers placing blind faith in the products they purchase-and then falling victim to injury due to use of those products. That said, the manufacturer is ultimately responsible for false advertising and defective or contaminated products sold to the unsuspecting consumer. If you or a loved one has been injured from a defective product, please contact our office.

The Centers for Disease Control and Prevention (CDC) has confirmed the recent outbreak of typhoid fever in the United States is linked to recalled packages of frozen mamey, a sweet, reddish tropical fruit grown mainly in Central and South America, pulp product, also known as zapote or sapote, used to make smoothies or milkshakes. Five people have been hospitalized due to the outbreak. The CDC reported five of those hospitalized drank milkshakes or smoothies made with frozen mamey-four of which were sold by Goya Foods Inc. On Aug. 12, Goya Foods issued a recall of 14-ounce plastic packages of Goya brand mamey pulp distributed to retailers in Alaska, Arizona, California, Colorado, Hawaii, New Mexico, Nevada, Utah and Washington, UPC number 041331090803. The recall was initiated because one package of mamey pulp collected in Las Vegas and tested by the U.S. Food and Drug Administration (FDA) was found to contain Salmonella.

According to the CDC Typhoid is a serious disease caused by the Salmonella germ. Most people associate Salmonella with diarrhea; however, the typhoid germ is a different type of Salmonella germ. Instead of causing primarily diarrhea, this one causes primarily a fever. The most distinctive sign of the infection is a sustained, high fever – as high as 103-104 degrees. Also, a person with typhoid can develop a rash with flat, rose colored, speckled blotches on the skin. Not everyone has a typical course, though. In some cases, people who do have a typical, sustained fever, the fever can, after several days, go away on its own, then return later and stay for days. The CDC’s website states that typhoid fever’s danger doesn’t end when symptoms disappear. It can become a cyclical fever. In fact, the person suffering from the infection can become a chronic carrier too, even without symptoms. If you ingest tainted food, hand washing won’t protect you, but hand washing is still crucial in preventing the spread of the infection, as an infected person can shed the S. Typhi bacteria.

Here at the Brod Law firm, we believe the best way of preventing injury form illness is to stay informed. If you, or a loved one has become sick due to tainted food products, please call our office.

The recent controversy over the safety of drugs and the rise in drug recalls prompted Colorado’s Senator Michael Bennet to introduce the Drug Safety and Accountability Act of 2010. The bill would give the FDA additional recall power and other investigative and enforcement options in the following ways: grant the FDA the authority to assess civil penalties for violations of the food Drug and Cosmetic Act and to subpoena documents and witnesses, facilitate the exchange of information between the FDA and other regulatory agencies, and protect the industry whistleblowers that wish to bring information to the FDA. The bill would also impose higher manufacturing standards by requiring companies to institute quality management plans to ensure the quality of safety of their drugs and drug components, including strong supplier oversight; and ensuring companies are able to document which entities are involved in the manufacturing supply chain for their drugs. Under the bill over the counter drugs (OTC’s) would be more closely scrutinized. Up until now the FDA has focused on prescription drugs and not OTC’s.
Medicine cabinets are full of pharmaceuticals and over the counter drugs, as most people have come to expect that the drugs they take will improve their health. They do not expect drugs to cause harm or death. Unfortunately the FDA’s approval of drugs has been called into question by a series of unfortunate events and created a crisis of confidence. During the past few years the FDA’s lack of oversight all the products that are marked under their regulation has placed American lives in jeopardy. This new bill would definitely help rebuild the FDA’s reputation. The bill would also force drug makers to bear a bigger regulatory burden. As such, pharmaceutical companies would have to documents their supply chains from start to finish-a prospect that probably isn’t happy about, since they believe their current efforts to protect consumer safety are sufficient. Here at the Brod Law Firm we are sure there will be plenty of debate over this bill and wonder if it will go anywhere. If you or a loved one has been injured from over the counter or prescription drugs, please contact us.

According to Consumer Reports, supplement manufacturers sell their products without first having to demonstrate that they are safe and effective. Consumer Reports has been working with experts from the Natural Medicines Comprehensive Database, an independent research group, and have identified a dozen supplement ingredients that it thinks consumers should avoid because they’ve been linked by clinical research or case reports to serious adverse events. Other factors were also evaluated, including evidence of effectiveness for their purported uses, and the extent to which the ingredients are readily available, either alone or in combination products.

What does all of this mean? It means, despite Americans spending billions of dollars annually on supplements, ingredients in supplements can be hazardous, even when they tout being natural. Consumer Reports also noted that the FDA has repeatedly found synthetic prescription drugs in supplements claiming to contain natural ingredients. Some supplements even claim they can cure cancer or replace prescription medication, even though it is against the law for companies to claim that any supplement can prevent, treat, or cure any disease except some nutrient-deficient conditions. Here at the Brod Law Firm, we believe the FDA needs to use the same strict standards to regulate supplements as it uses for drugs. Lack of oversight leaves unsuspecting consumers vulnerable.

Consumer Reports recommends consumers follow steps listed below before buying or taking supplements.