Abell's Kentucky Law Blog

Car Safety and the Civil Justice System: Liability and Accountability Makes for Safer Cars and Protects the Public

Deaths in auto accidents and car wrecks in the United States last year were at the lowest level since 1949, despite the Americans driving some 21 million miles more in 2010 than sixty-one years earlier.

Gibson Vance, the President of the American Association for Justice, discusses the role of accountability and liability for auto makers in the civil justice system that has led directly to safer cars and fewer traffic deaths in an essay, "How Our Cars Got Safer," in the Washington Post. 

Robert L. Abell
www.RobertAbellLaw.com

FDA Warns of Fraudulent Swine Flu Cures

The Food and Drug Administration (FDA) has issued a warning about Internet marketing of fraudulent swine flu cures. Learn more about the warning here. 

Robert L. Abell
www.RobertAbellLaw.com

FDA Cites Drugmakers for "Misleading" Internet Ads

The Food and Drug Administration (FDA) has cited 14 drugmakers for “misleading” internet ads according to a report by Bloomberg News, “Drug Makers Cited by FDA for ‘Misleading’ Internet Ads.” The companies failed to identify product names and side effects associated with their drugs on sponsored search results for internet search engines. The FDA ordered the drug makers to stop using the ads.

 

Robert L. Abell
www.RobertAbellLaw.com

Salmonella Outbreak Leads To Criminal Investigation

The salmonella outbreak originating from a Georgia peanut processing plant has led to opening of a crimnal investigation the Baltimore Sun reports, "Criminal Investigation Opens for Peanut Plant." The investigation follows disclosures last week that the Peanut Corporation of America knowingly shipped tainted peanut products from the plant. The outbreak has killed at least eight people so far, sickend over 500 and led to one of the largest product recalls in the nation's history. For a list of products recalled click here.

Robert L. Abell
www.RobertAbellLaw.com

Peanut Butter Maker Knowingly Shipped Tainted Product

The Georgia peanut butter maker identified as the source of the salmonella outbreak that has killed eight people and sickened over 500 knowingly shipped salmonella-tainted peanut butter 12 times in 2007 and 2008, the Washington Post reports, "Peanut Processor Knowingly Sold Tainted Products." The Post reports:

Officials at the Food and Drug Administration and the Centers for Disease Control and Prevention, which have been investigating the outbreak of salmonella illness, said yesterday that Peanut Corporation of America found salmonella in internal tests a dozen times in 2007 and 2008 but sold the products anyway, sometimes after getting a negative finding from a different laboratory.

The company was not required to disclose its tainted products to federal or state officials.

In addition to killing eight people and harming more than 500, the salmonella outbreak has caused recall of more than 100 products. To review the list click here.

Robert L. Abell
www.RobertAbellLaw.com

Salmonella Outbreak Produces Lawsuit by Vermont Family

A Vermont family, whose 7 year old son was stricken by salmonella after eating peanut butter, has filed a lawsuit against the Peanut Corporation of America biz.yahoo reports, "Vermont Couple Sues Over Salmonella Outbreak." The lawsuit claims that the child was sickened after eating Keebler Cheese & Peanut Butter Crackers, which have been recalled by Kellogg's.  The salmonella outbreak, which has killed at least six people and sicked 470 spread over 43 states, was linked by the FDA to a peanut butter processing plant in Georgia operated by the Peanut Corporation of America. The FDA maintains a searchable database of products recalled due to the salmonella outbreak that can be accessed by clicking here.  

Robert L. Abell

www.RobertAbellLaw.com

Salmonella Outbreak Spurs Recalls By Kellogg's

Salmonella contamination at a Georgia peanut processing plant and a nationwide salmonella outbreak that has sickened hundreds and killed at least six has caused Kellogg's to recall 16 of its most popular products, the Washington Post reports, "Kellogg's Recalls More Peanut Butter Products." 

Included in the recall are the following popular products:

• Austin Quality Foods Cheese Crackers with Peanut Butter - all sizes  

• Austin Quality Foods Cheese & Peanut Butter Sandwich Crackers - all sizes 
• Austin Quality Foods Mega Stuffed Cheese Crackers with Peanut Butter - all sizes 
• Austin Quality Foods PB & J Cracker Sandwiches - all sizes 
• Austin Quality Foods Super Snack Pack Sandwich Crackers 
• Austin Quality Foods Chocolate Peanut Butter Sandwich Crackers - all sizes 
• Austin Quality Foods Toasty Crackers with Peanut Butter - all sizes 
• Austin Quality Foods Reduced Fat Cheese & Peanut Butter Sandwich Crackers 
• Austin Quality Foods Reduced Fat Toasty Crackers with Peanut Butter Sandwich Crackers  
• Austin Quality Foods Cookie/Cracker Pack  
• Austin Quality Foods Variety Pack 
• Keebler Cheese & Peanut Butter Sandwich Crackers - all sizes 
• Keebler Toast & PB'n J Flavored Sandwich Crackers - all sizes 
• Keebler Toast & Peanut Butter Sandwich Crackers - all sizes  
• Famous Amos Peanut Butter Cookies (2- and 3-ounce) 
• Keebler Soft Batch Homestyle Peanut Butter Cookies (2.5-ounce)   

Further information can be found here:

FDA:http://www.fda.gov/

Kellogg's:http://www.kelloggcompany.com  

Robert L. Abell

www.RobertAbellLaw.com

Salmonella Linked To Peanut Butter Hits Fayette County

The salmonella outbreak linked to peanut butter by Minnesota state health officials has hit Fayette County, according to kentucky.com, "Lexington Salmonella Case Part of Outbreak Linked To Peanut Butter." This was the third salmonella case in Kentucky linked to the peanut butter; people in 43 states have been infected. The peanut butter manufacturer, King Nut, voluntarily recalled the peanut butter. 

Robert L. Abell

www.RobertAbellLaw.com  

Peanut Butter Cited As Salmonella Source

Peanut butter has been cited by health officials in Minnesota as the source of salmonella the Huffington Post reports, "Salmonella Outbreak Across U.S. Linked to Peanut Butter." However, the salmonella bacteria found in Minnesota in a sample of King Nut creamy peanut butter has not been linked to the salmonella outbreak across the country.  399 people in 42 states have been stricken with salmonella poisoning according to the Center for Disease Control and Prevention. Further information on the CDC's investigation can be found at: http://www.cdc.gov/salmonella/. 

Robert L. Abell

www.RobertAbellLaw.com

Nursing Home Rating System Introduced

A five-star rating system for nursing homes was announced Thursday, December 18, by the federal Department of Health and Human Services, see http://www.medicare.gov/NHCompare.  

The ratings are drawn from three sources of data:

• health inspections
• staffing 
• quality measures   

The starred rankings indicate the following:

• five stars = much above average 
• four stars = above average 
• three stars = about average 
• two stars = below average 
• one star = much below average 

According to a report in the New York Times, "Nursing Home Industry Worries About New Ratings," 22% of nursing homes received the lowest rating of one star, while only 12% received the highest rating of five stars.

Families trying to select a nursing home may find helpful this nursing home checklist.  Additional information to help select a nursing home can be obtained from Kentuckians for Nursing Home Reform orNursing Home Ombudsman Agency of the Bluegrass. 

Robert L. Abell

www.RobertAbellLaw.com