The Cochran Firm Legal Blog

The Food and Drug Administration (FDA) has recently recommended that companies manufacturing painkillers containing acetaminophen as its primary ingredient alter the dosage recommendations on their labels. The FDA panel voted 21-16 in favor of this reduced dosage warning.

This new measure is primarily aimed at Tylenol products, which are the most commonly used painkillers containing acetaminophen. However, other brands which also use acetaminophen as their active ingredient, such as Excedrin, will be asked to comply as well.

The current recommended maximum dosage of over-the-counter acetaminophen is 4 grams, or 8 pills per day. The FDA is asking drug companies to lower this dosage to prevent potentially fatal overdoses.

When taken in excess, acetaminophen has been found to lead to potentially fatal liver damage. According to the FDA, acetaminophen is currently the leading cause of liver failure in the United States. Consumers should also avoid drinking alcohol when taking these products, as this combination can exacerbate the damage caused to your liver.

If you or a loved one has experienced liver failure due to chronic overuse of acetaminophen products, the defective product lawyers at The Cochran Firm can help you receive the compensation you deserve.

Please contact the experienced defective consumer product lawyers at The Cochran Firm today to schedule a consultation. We serve clients nationwide.

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Washington, D.C.—Carolyn B. Jenkins, the mother of Veronica DuBose, who died when two Metro trains collided on June 22, 2009, has filed a wrongful death lawsuit in District of Columbia Superior Court against the Washington Metropolitan Area Transit Authority (WMATA), as well as Alstom Signaling, Inc., which provides computerized train traffic control.

Veronica DuBose, who was crushed to death in the collision, was a 29-year-old mother of two young children. She was a certified nursing assistant and was riding Metro to attend classes in the District to earn a higher level of certification. She leaves behind her daughter Ava Sarai Katurah DuBose, 20 months old, and son Raja Otis Lee Williams, seven years old. She is also survived by her father, Erwin DuBose, as well as siblings and extended family.

The lawsuit against WMATA and its train traffic control provider, Alstom Signaling Inc., alleges that Veronica’s death was caused by the negligent operation of the rail system, failure to discontinue usage of the old and unsafe 1000 series rail cars, negligent maintenance and inspection of the braking systems, and a dysfunctional train traffic control system, the failure of which led to Veronica’s train colliding with a stationary train.

The car on which Veronica was riding, part of the 1000 series, was one of the oldest in the transit network, dating to the founding of the system and purchased between 1974 and 1978. The National Transportation Safety Board (NTSB) had warned WMATA in 1996 and 2006 that the unsafe 1000 series train cars should be replaced or retrofitted to improve “survivability” in the event of a crash. WMATA elected not to follow the NTSB’s recommendations. Also, when the train control computer system was tested on June 24, 2009, at the same location as the crash, it failed to detect stationary trains on the track.

Veronica’s mother, Carolyn B. Jenkins, stated, “It is hard to understand why Metro would ignore safety recommendations to protect its passengers. Our family is holding Metro accountable for my grandchildren growing up without their mother. We are devastated.”

According to Stephen D. Annand, managing attorney of The Cochran Firm’s D.C. office, which filed the case on June 29, 2009 in D.C. Superior Court, “Veronica DuBose’s family has suffered a terrible tragedy and loss for which they can never be fully compensated, but we will make every effort to see that justice is done.” David E. Haynes, also of The Cochran Firm, pointed out that “knowing that this tragedy was preventable makes it particularly egregious.”

William H. Kennedy III, of the Fort Lauderdale, Florida firm of DiStefano, Bossola & Kennedy, co-counsel with The Cochran Firm in the case, concluded by saying that “WMATA has to be held accountable for its failure to heed the repeated NTSB recommendations to replace unsafe rail cars after previous rail collisions, placing cost above safety. WMATA, along with other entities such as Asltom Signaling, Inc., must accept full responsibility for the failure of the computer system to prevent the collision.”

The Cochran Firm nationally, founded by the late Johnnie L. Cochran, Jr., and Mr. Kennedy and his partners, have represented clients in transportation disasters in the past and will be prosecuting this case jointly on behalf of the family of Veronica DuBose.

Just in time for the July Fourth holiday weekend comes word of yet another beef recall due to E. coli. This time the tainted beef may have originated at JBS Swift in Greeley, Colorado. It is believed that as many as 23 people across nine states may have become ill after eating the meat.

The USDA has said that JBS Swift is voluntarily recalling more than 421,000 pounds of beef. A spokesperson from JBS has said it is important to note that the affected meat is whole muscle cuts and not ground beef.

This is an expanded recall from a first one on June 24 where 41,000 pounds were recalled; that was expanded last week to over 380,000 pounds. The company is also calling customers and sending out letters to notify them of the recall.

The problem with this recall is that it is unclear exactly where the tainted meat went after it left the plant. A rule put in place last summer states that the USDA's Food Safety and Inspection Service must publicize within ten days a list of stores where customers may have bought recalled poultry or meat.

In lieu of the upcoming weekend, which traditionally means thousands of cook-outs will happen across the country, it seems inconceivable to some food safety experts that this list has not been made yet. However, JBS Swift most definitely knows where the meat was sold, so getting the information should not be a problem. Still, a concern is that most of the meat has already been purchased and is in the homes of consumers.

How to Handle Raw Meat

The USDA is offering tips on how to handle meat to avoid becoming sick from E. coli:

• Rather than relying on the color of the meat to determine if it is ready, use a meat thermometer and only eat hamburger meat with an internal temperature of 160 degrees F.
• Raw meat should be refrigerated within two hours of its purchase, or one hour on days where it is at least 90 degrees F. outside. Cooked meat should be refrigerated within two hours of cooking it.
• Wash hands in hot, soapy water for at least 20 seconds both before and after you handle raw meat. Cutting boards, utensils, and dishes used to prepare the meat should all be cleaned thoroughly in the same way.
• Keep raw meat away from food that will not be cooked.

E. coli can lead to very serious illness or even death. If you suspect you or a loved one has been sickened by eating tainted meat, please contact the experienced defective consumer products attorneys at the Cochran Firm. We serve clients nationwide.

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On June 30, a long-time customer of a MapleValley, Washington McDonald's restaurant filed suit after his mouth developed blisters. Joe Jackson, aged 65, bought a hamburger but because it was too cold, he returned it and asked for a fresher one.

According to Jackson, the employee complied with a sneer. Jackson took one bite and felt stinging in his mouth. "It had a sizzling, burning pain in my lower mouth and I knew something was wrong cause I've eaten a lot of hamburgers," he said. He threw it away.

Next morning he woke with blisters in his mouth and went to an emergency room for treatment. Later he returned to the McDonald's restaurant but a different employee was at the counter. his person apparently told Jackson that he had been purposely harmed for bringing back his original hamburger.

Bleach in the Burger
"He even showed me the bucket of bleach and water sitting over on the floor. He said that's the bucket of bleach that we used, that he used," Jackson said. His lawsuit alleges that McDonald's employees put bleach in his hamburger and that he was then unable to eat for four days.

Jackson's attorney stated: "We gave McDonald's the chance to take responsibility for its tainted hamburger, but their representatives offered no apology." Jackson is suing the McDonald's corporation, not just the local restaurant he patronized.

McDonald's sent a written response to KIRO 7 after being questioned. It stated: "We take these matters seriously. However, we caution anyone from jumping to conclusions, without having all the facts. At this time, these are just allegations."

One wonders what caused the ill-will between this long-time customer and the local McDonald's staff. Jackson has stated that he will never eat another McDonald's hamburger.

If you have been harmed by a defective product, and would like to learn more about your legal position, please call or email our personal injury lawyers at the Cochran Firm today. We will be happy to schedule a free consultation for you.

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The best time to learn what to do after a car accident is before it happens. A car accident is a frightening, stressful and totally unexpected event. Car accidents can happen to anyone, even the most cautious drivers can be involved in an accident through no fault of their own. If you are prepared to deal with the aftermath of an accident, whether it is a fender bender or an accident with injuries, it will allow you to cope with the consequences calmly and efficiently.

If you ever have the misfortune to be involved in a car accident you should remain as calm as possible, check for injuries and call 911. If It is possible, move your vehicle to a safer place off the road, out of the traffic, but do not leave the scene of the accident before police arrive. Notify your insurance company and try to obtain as much information from the other driver involved and any witnesses. Do not make any statements to anyone about the accident before consulting an experienced car accident attorney.

Dealing with the consequences of a car accident are sometimes more stressful than the accident itself. A car accident may leave you physically, emotionally and legally challenged.

If you live in Tuskegee, Alabama or the surrounding area and you or someone you care about has been involved in a car accident, please contact an experienced car accident attorney at the Tuskegee, Alabama office of The Cochran Firm today to schedule a confidential consultation at no cost to you to obtain justice for you and your loved ones and get you the compensation you are entitled to.

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Have you or someone you care about been a victim of a defective consumer product? Every year thousands of American consumers are injured by defective consumer products. These unsafe or defective consumer products include cars, tires, electronics, appliances, household goods, toys, pet foods, baby car seats and strollers, vehicle parts, cosmetics, medical devices, the list is endless.

When an injury results from simply using a consumer product, it is possible to file a product liability lawsuit. When a consumer product is defective and causes an injury or death, the manufacturer, designer or distributor can be held legally responsible for that injury or death. In recent years serious injuries have resulted from the use of defective tires, faulty medical devices and cars.

Product liability laws are complicated and there are time limits involved in filing a claim. It is important to consult an experienced product liability lawyer if you or someone you care about has been injured by a defective consumer product to ensure your claim is filed quickly and efficiently.

If you live in Washington, D.C. or the surrounding area, and you or someone you love has been injured or killed because of a defective consumer product, please contact an experienced product liability attorney at the Washington, D.C. office of The Cochran Firm today to schedule a confidential consultation at no cost to you to protect your legal rights and obtain the compensation you deserve.

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If you are injured on someone else's property, the owner of the property can be held legally responsible for your injuries. Premises liability injuries can happen by slipping and falling on a broken sidewalk, falling down a poorly lit stairway, being assaulted in a shopping mall parking lot, slipping on a wet floor in a restaurant, or any number of incidents.

Determining who is responsible can depend on whether the owner of the property knew the hazardous or dangerous condition responsible for your injury existed and did nothing to correct it, or should have known the hazardous or dangerous condition responsible for your injury existed and did nothing to correct it.

Premises liability awards may compensate you for medical expenses, loss of income, loss of future potential earning capacity, pain and suffering and in the case of a fatality, the survivors may also be compensated for their losses. An experienced premises liability attorney has the expertise and knowledge to determine who is responsible for your injuries and hold them legally accountable.

If you live in San Francisco, California or the surrounding area, and you or someone you care about has been injured on someone else's property, please contact an experienced premises liability attorney at the San Francisco office of The Cochran Firm today to schedule a confidential consultation at no cost to you to protect your legal rights and obtain justice for you and your loved ones and get you the compensation you deserve.

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