Toxic Injury

March 9, 2009

Peanut Processor Has No Money For Injuries

Sickened consumers who sued the peanut processor blamed for a national salmonella outbreak could have trouble recovering damages from company accounts because assets listed in a bankruptcy filing will likely go to other businesses that bought its products.

Lynchburg-based Peanut Corp. of America filed documents listing nearly $11.4 M in assets and debts of $4.8 M in U.S. Bankruptcy court. However, more than $7 M listed as assets was in insurance that covers the company’s products and will not be used for claims by consumers. Among the uses for that money would be compensating businesses that had bought Peanut Corp. products that were recalled, trustee Roy V. Creasy said.

February 15, 2009

PCA Peanut Company Files for Bankruptcy Protection

by Dr. Shezad Malik

Peanut Corporation of America, the company responsible for the nationwide salmonella outbreak, has filed for Chapter 7 bankruptcy protection and will begin liquidating its assets as legal claims pile up against it.

Companies that Lynchburg, Va.-based PCA supplied with peanut products have also filed suit against it, and PCA’s insurer, Hartford Casualty Insurance, has filed a lawsuit in an effort to limit its liability.

February 12, 2009

All Peanut Products From Texas Plant Are Recalled

by Dr. Shezad Malik

Texas health officials ordered a recall of every product ever shipped from a Plainview peanut processing plant since March 2005 after inspectors discovered contamination.

Inspectors found dead rodents, rodent excrement and bird feathers in a crawl space above a food production area at the Peanut Corp. of America’s Plainview plant, according to authorities from the Texas Department of State Health Services.

The plant’s air handling system was not completely sealed and was pulling debris from the infested crawl space onto exposed food products in production areas.

February 10, 2009

F.D.A. to Restrict Prescriptions of Narcotics

by Dr. Shezad Malik

According to federal drug officials, many doctors may lose their ability to prescribe 24 popular narcotics as part of a new effort to reduce the deaths and injuries that result from these medications inappropriate use.

A new control program will result in restrictions on the prescribing, dispensing and distribution of extended-release opioids like OxyContin, fentanyl patches, methadone tablets and some morphine tablets.

February 8, 2009

Aftermath of 9/11

by Dr. Shezad Malik

A new study finds that almost a quarter of a sample of people exposed to toxic dust after the 9/11 attack in New York City still suffer from diminished lung capacity.

The rate of lung problems is about 2.5 times more than would be expected in people who smoke, according to co-author Dr. Jacqueline Moline, director of the World Trade Center Medical Monitoring and Treatment Program Clinical Center.

February 6, 2009

Emotional-Distress Suit Against GE Over Toxic Building

by Dr. Shezad Malik

A N.J., judge has blocked an attempt to dismiss a toxic-tort suit over a mercury-contaminated building, rejecting defense arguments that the plaintiff’s expert proofs of emotional distress were inadmissible net opinions.

In Schley v. General Electric Co., L-251-07, former owners and residents of 722 Grand St. in Hoboken, N.J., seek damages from GE, a previous owner. The plaintiffs claim physical injury and emotional distress allegedly caused by contamination so severe that authorities ordered them to evacuate the building.

February 3, 2009

Texas Peanut Plant Under Investigation

by Dr. Shezad Malik

A peanut processing plant in Texas run by the Peanut Corp. of America, which is being investigated for a national salmonella outbreak, operated for years uninspected and unlicensed by Texas health officials.

The Peanut Corp. of America plant in Plainview was never inspected until after the company fell under investigation by the Food and Drug Administration.

Once inspectors learned about the Texas plant, they found no sign of salmonella there. This finding raises questions; how it could have operated unlicensed for nearly four years and about the adequacy of government efforts to keep the nation’s food supply safe. Texas is among states where the FDA relies on state inspectors to oversee food safety.

February 2, 2009

More Toxins in River Near TVA Ash Spill

by Dr. Shezad Malik

Independent water quality tests conducted by environmental activists show high levels of arsenic and other toxins in river water near the site of a massive coal ash spill in Tennessee and several miles downstream.

The samples were collected about one to two weeks after 1.1 billion gallons of ash sludge and water breached an earthen containment area at the Tennessee Valley Authority’s Kingston Fossil Plant, about 40 miles west of Knoxville. No one was seriously injured in the spill, but several residents were displaced.

February 1, 2009

Criminal Investigation Starts for Peanut Plant

by Dr. Shezad Malik

Federal health officials opened a criminal investigation into the Georgia peanut-processing plant at the center of the national salmonella outbreak.

The investigation into Peanut Corp. of America follows reports of poor sanitation practices and inspections that found the company sold contaminated peanut products to food makers.

At least 529 people have been sickened as a result of the outbreak, and at least eight might have died because of it. More than 430 products have been recalled.

January 31, 2009

Florida Tobacco Lawsuit To Restart

by Dr. Shezad Malik

A lawsuit by the widow whose husband died of lung cancer is headed to trial again. Nearly two months after ending in a mistrial, the first of about 8,000 cases against tobacco companies in Florida is scheduled to head to trial again in Florida.

Elaine Hess is suing cigarette maker Philip Morris, alleging her husband’s death was caused by his addiction to cigarettes containing nicotine. Stuart Hess, a locksmith, died of lung cancer at age 55 in 1997.

The case originally went to trial in December, but ended on the second day of testimony after an expert witness for Hess used a racial slur.