Consumers Alerts

A day care provider is being sued for the death of a baby that was in her care.

The wrongful death lawsuit filed by the parents of the baby states that the provider was negligent and that is what led to the baby’s death.

Last February, Grant Maloney, three-months old, died while he was sleeping at his Elko day care. His death was due to asphyxiation that resulted from him rolling over onto a small pillow and this has led to the parents alleging in their suit that their son was provided a poor sleeping environment by provider Karen P. Johnson.

The suit states that Johnson violated safe sleep practices and state law when she propped up the baby with a travel-size pillow. At the time she propped the baby with the pillow, he was swaddled in a blanket. When he rolled over, he rolled onto his face, unable to change position, and died from asphyxiation.

The lawsuit further states that Johnson was negligent and breached the standard of care, thus she created a treacherous sleep environment for the baby. Susan Maloney, the mother of baby Grant, says that she is suing on behalf of her; her husband, Russell Maloney; and the rest of their family.

Johnson has not returned calls from media seeking comment and her attorney has not issued any statements.

Grant Maloney’s death is just one of eight that have occurred within Minnesota day cares this year. All eight of these deaths occurred at in-home facilities. Earlier this month, a state panel performed a review of the child-care deaths that have occurred over the past ten years and made a series of safety recommendations based on what they found.

In the report, they stated that ¾ of the 86 deaths that have occurred in the past 10 years involved infants that were sleeping. The reasons why these infants passed away in their sleep had to do with day care providers not following safety standards.

As of now, Johnson’s day care license has been revoked by the state and she is appealing that revocation. The revocation order was issued in June and said that Johnson had not followed the sleep training guidelines she had been trained to adhere to. The guidelines state that placing a swaddled baby with a pillow is a safety violation.

So far, the Maloney family has reached a partial settlement with one of the insurance companies that insures Johnson.

Judith Henderson, a Golden Valley psychologist, has given up her license to practice after being accused of taking a patient shopping, traveling, dining, and theater excursions then billing the activities as therapy.

The Minnesota Board of Psychology says the 68-year-old charged more than $300,000 in fees to the patient over 10 years. Henderson does not admit or deny the allegations, but agreed to give up her license.

Ms. Henderson violated her professional relationship with the patient, the board stated, by extravagant socializing and then billing it as therapy. She allowed, and possibly encouraged, an inappropriate dependence by the patient.

Medical malpractice and abuse can take many forms. This abuse is unconscionable. It is taking advantage of a trusting, emotionally compromised person. The Minneapolis medical malpractice attorneys of TSR Injury Law are skilled, aggressive litigators with years of experience in personal injury law. Our partners are consistently named Super Lawyers. We will help you evaluate your case and fight for justice. Call (612) TSR-TIME or submit our free consultation form.

Toyota — the company that stood for quality — the company that could do no wrong — has major problems. Their seemingly invincible reputation is at stake. Xinhus News agency reported Saturday that Toyota of Japan has issued a mandatory recall of 270,000 units of its third-generation (2010) Prius hybrid car. It has officially been recalled in the United States now. The Lexus HS 250h is included in this recall because it has a similar component design to the 2010 Prius.

There have been more than 100 complaints and 4 accidents related to Toyota Prius brake failure. Toyota has admitted to a design failure in the anti-lock braking system. The brakes were designed to prevent skidding. Now the company is on a skid, with no end in sight.

Call (612) TSR-TIME for help today.

Toyota Prius Problems

Many 2010 Prius owners have reported that the brakes do not consistently engage when the brake pedal is pressed. The National Highway Traffic Safety Administration is assessing the scope of the problem. The NHTSA will look into reported momentary loss of braking capabilities.

The investigation comes as safety questions surround Toyota, which has already issued broad recalls for millions of its best-selling vehicles, including the Corolla and Camry, initially labeling the problem as being with the floor mats moving forward to press on the accelerator pedal. Ultimately, the recall was due to a design flaw with the gas pedal that allowed friction to build and the pedal to become stuck.

Toyota said it would unveil safety measures relating to the Prius brakes as soon as a new design is available. Most auto and safety experts are questioning Toyota’s integrity. They feel that Toyota has not disclosed the full extent of its safety flaws.

Toyota Recall Lawyers

Having a recall on your car is unnerving. It can undermine your confidence in the integrity of your vehicle. It may even change the way you live and drive — making you stay home more often, making you drive more tentatively, and even altering how you react in a crash-avoidance maneuver.

We want to help you in your fight for justice with the Toyota design defect, especially if the design defect led to a car accident. Call (612) TSR-TIME.

A Brooklyn Park woman is suing a pain clinic in the Twin Cities area for being negligent in its use of steroids that were contaminated with the fungus that was responsible for the 2012 meningitis outbreak.

Traci Maccoux, 23, filed a lawsuit in mid-March against medical Pain Specialists, stating that she had received steroid injections at the clinic in the summer of 2012.

Maccoux is one of over 700 individuals who contracted meningitis because of the contaminated steroid injections originating from a Framingham, Massachusetts compounding facility.

This is the first lawsuit filed against Medical Advanced Pain Specialists, but is one of two clinics in Minnesota that purchased the contaminated steroids from the manufacturer, which has now had to file for bankruptcy.

Clinic officials have not commented on the lawsuit, but they made a brief statement on Monday stating they had attempted to address the questions and concerns of all individuals who receive care at their facility.

Maccoux is one of 12 confirmed meningitis cases in the state and was hospitalized in October for 10 days. The fungal meningitis infection she contracted was potentially deadly, as it involved infection of the spinal cord and brain. She had received her steroid shots in July and August.

In her lawsuit, she states that the pain clinic violated state law and breached its duty to its patients when it purchased the steroids from the compounding facility, which was not licensed to manufacture or sell the steroid in bulk. A federal investigation found that the New England Compounding Center was selling the steroid in bulk. They had sold approximately 17,000 vials in over 20 states.

Maccoux said in an interview that she was upset that the clinic had bought steroids from such a facility and had hoped that they would know better. She said she assumed that the clinic would ensure everything was safe.

Maccoux said that she found out in October that she was one of almost 1,000 people in Minnesota who had received the steroid injection from the contaminated vials. A few days later, it was confirmed that she had contracted fungal meningitis.

In her lawsuit, it is stated that she had extreme pain, hallucinations, blurry vision, flu-like symptoms, and dizziness. She is still taking the antifungal drug that saved her, but it has very uncomfortable side effects. She said she had to stop attending her college classes because she has been unable to drive or even work. So far her hospital bills are exceeding $110,000, according to her attorney.

If you have suffered serious side effects after coming into contact with a contaminated product, you may be eligible for compensation. For help learning more about the legal options that may be available to you, contact the Bloomington personal injury lawyers at TSR Injury Law today.

Free Consultation. Ph: (612) TSR-TIME.

It is now January and new fungal meningitis cases are still popping up four months after the New England Compounding Center issued a voluntary recall of several lots of its steroid injection, Methylprednisolone Acetate. In addition to the new cases of fungal infections, other infections have come about as well.

It was found that the primary contaminant in the drug was Exserohilum, which is a type of black mold. The pathogens from the mold contaminated the three lots during the compounding process, which then led to fungal meningitis and other health issues in patients who received the injections. It has been estimated that as many as 14,000 patients were exposed to the contaminated drug and now the personal injury lawsuits have began.

As of now, there have been 664 reported cases and 40 of the individuals died from fungal meningitis.

And while fungal meningitis has received most of the attention, there have also been joint and spinal infections that have occurred near injection sites. Although new meningitis cases have come about, the number and frequency is starting to wane while the number of spinal infections is increasing. This has a lot to do with the fact that spinal infections can take a while to appear.

In Minnesota, there have been 10 cases of fungal meningitis since the late September outbreak and there are two reports of spinal infections. A total of six medical facilities in the state received the drug from the recalled lots. In addition, the FDA has said they cannot verify whether or not other drugs made at the New England Compounding Center are safe. It is estimated that 111 facilities throughout Minnesota have received other drugs from the facility.

Have you been exposed to contaminated medication? You may be eligible to receive financial compensation. Contact a Minneapolis personal injury lawyer from TSR Injury Law today for a free consultation. Ph: (612) TSR-TIME.

This nationwide outbreak has caused the FDA to scramble because of concerns that have been raised by the outbreak. In late December, there was a hearing held to establish how the federal government and the states should regulate compounding pharmacies. Right now, it is the responsibility of state pharmacy boards to oversee these facilities, but many of the pharmacies are expanding from small operations to large-scale distribution with clients in multiple states. This multi-state dealing is why it may be necessary to push for federal oversight.

At the same time, the government agencies have been struggling to keep up with complaints from patients. On December 20, 2012, the CDC encouraged doctors to consider using MRIs for patients who had pain that did not improve after getting the injection. The previous recommendation was just for patients that had symptoms that were worsening.

As time goes on, new recommendations may come about, improved oversight of compounding facilities may become a reality, and individuals may not have to worry so much about contaminated drugs.

If you have recently used DuPont’s Imprelis Herbicide and your trees are dying, you may have a legal claim to recover your losses.

Michigan, Ohio, and a number of other states have opened class-action lawsuits against DuPont, alleging that the use of their Imprelis Herbicide has resulted in a large number of tree deaths. Willows, poplars, eastern white pine trees, conifers, evergreen trees, and many other tree species have been killed. Tree farm owners who have lost large numbers of trees have also been affected, and it has severely compromised their business.

Imprelis Active Ingredients

An article in Huffington Post Green stated that DuPont Imprelis’s active ingredient does not break down in compost. It is important that the active ingredient in a herbicide breaks down so that the ingredient, if harmful in concentrated form, does not damage the vegetation. There is an Imprelis label that states that any clippings from areas treated by Imprelis should not be used as compost or mulch.

DuPont Imprelis Herbicide Banned

In August 2012, the EPA banned further sale of DuPont’s Imprelis Herbicide. By that point, it was estimated that the damage was in the a billions of dollars. Trees as tall as 40 to 50 feet had experienced damage or had been killed. Many of these trees had been around 30 to 50 years and the cost to replace them is upward of $20,000.

As for what led to the EPA ban, the EPA acted after it was shown that DuPont’s own data stated that certain coniferous trees, including the balsam fir, white pine, and Norway spruce were susceptible to damage or death by Imprelis’s active ingredient. Around the time the “stop sale” was issued, DuPont had turned over 7,000 reports that included incidents of tree damage and tree death related to the application of Imprelis.

Nonetheless, DuPont had already stated on August 4 that they would stop selling Imprelis. They also stated that they would put a product return and refund program in place for those customers who had purchased the product.

Federal Insecticide, Fungicide, and Rodenticide Act

The FIFRA is what the stop-sale order was issued under. The FIFRA is a federal law that requires pesticide products and the facilities that produce them to register them. The pesticides must also be properly labeled. The EPA did state that they were going to investigate whether or not the tree deaths may have been due to product misuse. The first place they looked for incorrect directions was the product label, warnings, etc. However, it seems that the main culprit may be the uptake of the harmful product through root systems.

Call Today for a Free Consultation

TSR Injury Law understands what kind of loss tree damage or tree death can be for those who have made a significant investment in the trees on their property. There are also many businesses that sell trees or rely on them as a part of their business. If you have fallen victim to DuPont’s Imprelis Herbicide, you may have a claim. Call us today at (612) TSR-TIME.

You may be having trouble convincing your doctors and insurance company that you are truly injured because your response to the electrical injury has been unusual. You may even have been accused of lying or malingering.

Ultimately, your compensation depends on the knowledge, ability, and aggressiveness of your attorney. The lawyers at TSR Injury Law have all of that and more — they have compassion with the client, persuasive negotiating skills, and charisma in the courtroom. Contact a Minnesota Diffuse Electrical Injury Lawyer at 612-TSR-TIME. We care and we can help you receive the compensation you deserve. We recently settled a Diffuse Electrical Injury case for $187,000.

Symptoms of Diffuse Electrical Injury

A Diffuse Electrical Injury (DEI) presents with an entirely different set of responses to an electric shock than has commonly been accepted. The responses associated with diffuse electrical injury have been validated in the last 15-20 years by the ability to gather statistics online from similar cases around the world.

The symptoms of Diffuse Electrical Injury are random and unpredictable. They include:

• injury not proportional to the energy of the shock
• injury not related to the voltage of the contact
• injury not related to the duration of the contact
• injury not related to the theoretical path of the current

About Diffuse Electrical Injury

Diffuse electrical injury (DEI) is also referred to as electric shock syndrome or post electric shock syndrome. It is an injury to the body following an electrical contact where the bodily response is neither proportional to the parameters of the shock (voltage, current, duration), nor is the tissue response limited to the theoretical current pathway. The indications of DEI are an assortment of physical complaints that include:

• tingling
• weakness
• pins and needles
• muscle twitches
• muscle spasms
• general fatigue
• broad diffuse pain

emotional symptoms that include:

• personality changes
• depression
• stress / anxiety
• anger / temper

and cognitive impairments that include:

• inability to concentrate
• slower thinking
• short term memory loss
• difficulty thinking clearly

Some results from MRIs are providing evidence that the differences shown on neuropsychological test batteries have an organic basis. These victims are not lying, crazy, or malingering.

Minneapolis Diffuse Electrical Injury Attorney

If you have suffered unusual symptoms following your electrical shock injury, Call TSR Injury Law today at (612) TSR-TIME or submit our contact form. Our partners have years of experience with excellent results.

Minnesota health officials believe that “lean finely textured beef” made by Beef Products, Inc. was contaminated with E. coli and caused at least five people to become ill in 2009 with one of those individuals dying. Now, Beef Products, Inc. is pursuing a lawsuit against two former USDA microbiologists and ABC News because the two raised concerns about the product and there were also a number of other accusations made.

The man who died, Robert Danell, 62, had Down Syndrome and died of kidney failure not long after he had consumed the beef.

His family feels that he because deathly ill from eating what is frequently referred to as “pink slime.” This is the beef scraps that are to be treated with ammonia to kill pathogens. Now the family has filed a wrongful death lawsuit against Beef Products, Inc.

The lawsuit was filed on January 8 in which BPI is blamed in addition to seven other companies for selling the “pink slime” that resulted in the death of Danell. Danell was one of 25 people in a 17 state case to become sick from the 2008 E. coli outbreak. This outbreak would be traced back to a slaughterhouse in Colorado, JBS Swift & Company. JBS has also been included in the lawsuit as defendants.

At first, nine of the individuals who became sick said that they had eaten steak at Applebees. This is how the CDC was able to trace where the bacteria came from. They found that the beef had been purchased from JBS before it was sent to the Applebees restaurant chain. This resulted in the recall of almost 250,000 pounds of beef in December 2009. However, Minnesota health officials were receiving reports of illnesses that were not linked to the same beef.

Danell had eaten a hamburger on December 28 at Opportunity Manor. He had also consumed Swedish meatballs a couple of days later. Both of these meals contained beef from Tyson that contained the “pink slime” from BPI. It was on January 4 that Danell would start experiencing stomach pains and bloody diarrhea. He would continue to get progressively worse. He would pass away on June 19, 2010.

It was found that Tyson had mixed the BPI beef into its own ground beef because it was cheaper and then sold the meat to multiple companies for use in lasagna, hamburger patties, and Swedish Meatballs. These are three foods that Danell had eaten in the days before coming sick. Unfortunately, these items were not included in the beef recall. Not being subject to a recall had a lot to do with the fact that hamburger can contain trim from a number of sources, making tracing back where the individual parts that make up the meat very difficult. Nonetheless, molecular tests did trace the tainted beef back to JBS.

BPI feels that the Danell lawsuit lacks merit and that the company will aggressively defend itself. The family says it is not about the money, as they want to show how this well-loved individual died at the alleged hands of the chain of production.

If you love a loved one due to a dangerous product, contact a Bloomington personal injury attorney at TSR Injury Law today. Ph: (612) TSR-TIME.

A new Levaquin lawsuit has been filed in Minnesota.

Albert Miller filed his lawsuit on September 14, against manufacturer Johnson & Johnson, citing that the drug is responsible for his injuries.

Miller says in his suit that he took Levaquin after being prescribed the drug by his physician and that he now has to undergo painful treatments for the long-term.

The damages he seeks include strict liability, unjust enrichment, negligence, breach of implied and express warranties, fraud, and deceptive trade practices.

Have you suffered serious side effects after taking the drug “Levaquin”? You may be eligible for compensation. Contact a personal injury lawyer in Bloomington, MN at TSR Injury Law for your free consultation.

TSR Injury Law – Ph: (612) TSR-TIME.

Currently, the U.S. Judicial Panel on multidistrict Litigation created an MDL to speed up the litigation and settlement process for the large number of lawsuits that are being filed against Johnson & Johnson. What the MDL does is promote efficiency in the way of consolidating legal issues so that time can be saved for all parties involved. It also conserves judicial resources.

This is different from a class action lawsuit because all of the cases are separate, which means they are treated one-by-one based upon the facts and the circumstances within each. Miller joined the MDL.

Approved by the FDA in 1997, the fluoroquinolone antibiotic was used to treat sinusitis, bronchitis, and other infections. However, it has been associated with the degrading of tendons and this has resulted in some patients experiencing tendon injuries.

Since it was approved, the FDA has required three warning labels to be added to the drug by Johnson & Johnson. The lawsuit, however, alleges that the company does not see the severity of the tendon issues that some people are experiencing.

It has been theorized by the medical community that the synthetic antibiotics in Levaquin are toxic to tendon fibers. This may be the reason behind the number of tendon ruptures that have occurred in patients taking Levaquin. Some patients have claimed they developed tendonitis as a result, while others have suffered ruptured tendons. Both tendon issues require long-term treatments.

E. Coli, salmonella, and listeria are just some of the fatal diseases we think about when we hear the words “raw milk.”

A Minnesota man has been accused of violating state raw milk laws. His attorney argues that he was simply the middle man within a group of people who were sharing their food.

The man, Alvin Schlangen, a central Minnesota organic egg producer, is charged with three misdemeanor counts that include handling adulterated food, distributing unpasteurized milk, and not possessing a food handler’s license. Minnesota law does not allow the sale of raw milk directly to consumers from the farm where it is produced.

On September 19, a Hennepin County jury began their deliberations in the case. After ninety minutes behind closed doors, the jurors recessed for the day.

Schlangen has contended that he does not sell milk. He says that his role is the operator of a private buying club that distributes the milk to the members of the group that mainly resides in the Twin Cities area. He said he is just the delivery guy and that the members he delivers to lease the cows from Amish farmers.

However, the Agriculture Department says the state’s restrictions on raw milk sales are a must to protect the public from deadly diseases.

This presents a large rift between groups that state raw milk provides health benefits that their families would not get due to the pasteurization process killing beneficial bacteria, nutrients, and enzymes. Allergy relief and the prevention of certain diseases are touted as two of the benefits. State officials, on the other hand, state that raw milk can carry dangerous pathogens that can lead to salmonella, E. coli, and listeria.

Schlangen’s attorney states that he does not operate a business, so he is not doing anything illegal. He contends that the group is a voluntary association of people who share food with one another. He said this is not a reason for Schlangen to have a food handler’s license and that the state law does not apply to him.

While it appears no one has become ill within the food sharing group, those on the other side of the argument state that those who would become sick could hold Schlangen and all parties involved responsible for the debilitating illnesses that result from unpasteurized milk.

The state is requesting a guilty verdict on all counts with a maximum penalty of $1,000 in fines and 90 days in jail.

It is time to check the ricotta cheese in your refrigerator if you have yet to use it or already disposed of it because you heard about this latest recall. As of September 12, 14 people had been affected in 11 states and this includes three fatalities due to Listeria that has been linked to imported ricotta salata cheese, according to the CDC website.

Forever Cheese Inc. voluntarily recalled a single lot of its Frescolina ricotta salata cheese on September 10 due to Listeria contamination.

Listeria is a foodborne bacterial illness that can sometimes be very severe. Some individuals may experience the typical symptoms of food poisoning, while others become very ill and can die from the bacteria. The CDC was able to quickly trace back the source of the bacteria that made 14 people very ill. All of the victims said that they consumed the cheese before becoming sick. The FDA has even been able to identify the exact strain of Listeria involved by testing an uncut sample of the cheese.

The cheese was sold to distributors that services restaurants in approximately 19 states and the contaminated units were shipped between June 20th and August 9. The lot number of the packages is T9425 with production code 441202. The packages contain one or both of these numbers.

Any remaining cheese should be discarded. This is especially important for pregnant women where Listeria can be very dangerous to the fetus. It is also potentially fatal for those with weakened immune systems, children, and older adults.

So far, there has been only one case in Minnesota of an individual becoming sick with 9 other states sharing the remaining 13 victims. All 14 of the individuals had to be hospitalized. Four of them were pregnant with two of them being newborns. The remaining patients were ages 56 to 87.

While this is a small number compared to the 800 cases of Listeria confirmed in laboratories throughout the United States, the fatality rate can be quite high.

Foods that have been linked to previous outbreaks include sprouts, cantaloupe, Mexican-style soft cheeses, celery, and ready-to-eat deli meat.

If you have consumed cheese not knowing that it was contaminated, you may be eligible for compensation. To learn more, contact a personal injury lawyer in Minneapolis at TSR Injury Law for your free consultation. Ph: (612) TSR-TIME.

Crocs have become such a huge shoe fad that they are identifiable by name. They have achieved a level of prevalence that allows for there to be two distinct groups, consisting of people who either love or hate crocs. There seems to be no middle ground.

The plastic shoes have become exceptionally popular for children. Crocs, which are made of plastic and don’t require any laces, are an ideal solution for parents who might not have time to stop and tie a child’s shoe every five minutes. They are also very easy to clean.

Unfortunately, these shoes which are so much fun for kids to wear because of all of the colors available, have come under serious scrutiny due to escalator accidents involving the shoes. These accidents almost always involve a child wearing their colorful crocs.

What happens in escalator accidents is that a child will be standing on the outside of the step. The shoe, which is made of plastic, will rub against the side of the escalator. This friction generates heat which then melts the plastic just enough that it can be drawn into the gap between the step and the side of the escalator.

Once the shoe has been drawn into the side of the escalator, it is all too easy for it to get caught in the mechanism driving the stairs. This continues to occur until a child’s foot is cut or maimed.

If you or your child has been injured on an escalator wearing Crocs, contact the Minneapolis defective products lawyers of TSR Injury Law at (612) TSR-TIME or submit our contact form.