New York Injury Talk Blog

Menu Foods, the maker of most of the contaminated pet foods that sparked a huge recall back in March, finally posted claims information on its Web site this week. As you may recall, more than 100 pet foods were found to be contaminated with melamine, a chemical used in fertilizers and plastics, which caused kidney failure in the pets that ate it. Menu Foods' "general information" sheet suggests that many pet owners would rather settle their claims directly with the company rather than participating in one of the many class actions now springing up around the country. But as this news report from a Cincinnati TV station suggests, settling directly with them comes with lots of strings attached (including waiving your right to sue them later). It only makes sense -- Menu Foods is trying to limit its liability for this huge and therefore potentially very expensive disaster. But if we were advising friends considering participating in this settlement, we wouldn't hesitate to suggest that they hire an attorney instead and consider a product liability lawsuit. Lawyers can not only recover more damages than the settlement probably offers, but if everything goes right, they may also be able to correct a gap in the law on pets, allowing them to recover emotional damages as well.

Pet owners affected by the contaminated pet food were probably surprised to discover that the deaths and illnesses of their babies are legally considered "property damage," rather than wrongful deaths. That might mean the plaintiffs in the lawsuits already filed won't be able to claim damages for their emotional loss, though they will be able to claim financial damages, such as vet bills and burial costs. But in this article from the Philadelphia Inquirer, it's suggested that these cases might set a new precedent that brings the legal world in line with the well-acknowledged reality that people love their pets. The article is a few weeks old, but it's a good armchair analysis of the pet food lawsuits' chance at success and what some of the implications of that success could be. It may all come down simply to whether the judges who hear these suits are sympathetic to the idea that pets have emotional value. We hope they are.

Posted by Wingate, Russotti & Shapiro | Permalink | Email This Post

Posted In: Product Liability & Recalls

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A few weeks ago, my friend John increased his automobile insurance policy limits to $300,000. He recently bought some real estate and said that he cannot sleep now that he has attachable assets; he is constantly worrying what will happen if he seriously hurts someone in an accident. I asked if he also obtained corresponding SUM coverage, which stands for Supplemental Underinsured Motorist Coverage. When he said he did not think so, I told him not to throw away his sleeping pills.

When John purchased $300,000 worth of liability insurance, he protected his assets and ensured that a stranger will be compensated if John causes an accident. But what if John is seriously injured in an accident and the offending vehicle only carries the minimum required coverage of $25,000? How will John be compensated for his losses? How will he and his family replace his earnings if he cannot work? How will he pay for his medical expenses not otherwise covered?

For a nominal extra premium, John could have obtained SUM coverage equal to the $300,000 he purchased to compensate others for their injuries. Now if John is severely injured and cannot work, his own insurance company must make up the difference. In the case of a minimally insured vehicle, he will receive an additional $275,000. Additionally, SUM coverage applies to injuries sustained by John=s wife, children, and any family member who might reside with him, and it applies to these people in any vehicle they enter. It even applies to them as bicyclists and pedestrians.

In an increasing number of states, insurance carriers must provide SUM coverage in every policy. In New York, it remains an optional coverage. Yet it is absolutely necessary. Especially in New York City, where pedestrian knockdowns and accidents involving taxicabs are routine occurrences, foregoing this coverage is simply not an option.

Posted by Wingate, Russotti & Shapiro | Permalink | Email This Post

Posted In: Automobile Accidents

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Neonatal herpes, either type I or II, is a serious viral infection of the infant which needs immediate hospitalization and treatment. Herpes virus type I is marked by the eruption of vesicle lesions on the lips or nostrils, versus herpes virus type II which has lesions located on the genitalia. If localized neonatal herpes is left untreated, the virus may become disseminated into a virulent and fatal form. Thus, time is of the essence in the diagnosis and treatment of the localized herpes, to prevent infecting fulminating spread. Without immediate treatment, the mortality rate is over 80%, and the infants that do survive have significant permanent neurologic damages.

Overall, two (2) out of 1000 mothers have positive herpes simplex cultures at delivery, even though they have no clinical symptoms. According to the literature, there is a shedding of the virus for approximately three (3) weeks during a maternal infection outbreak. Transmission of neonatal herpes requires direct contact between the mother and infant. In the majority of cases, the infection is transmitted during labor and delivery. However, there is also known infant exposure post-delivery, if either parent has a cold sore or herpes outbreak (type I).

Neonatal herpes usually presents during the second week of life, but as late as four weeks. The first signs of the localized infection include clusters of discrete vesicles on the skin, mucosal ulcers or white lesions in the mouth, eye or ocular lesions, and lesions in the genital area. In some cases, infants present with no topical lesions, but with irritability, seizures, fevers, bulging fontanel and poor feeding. Thus, the physician needs to obtain a complete history and physical of the infant to identify possible herpes simplex virus infection. Once there is a differential diagnosis of neonatal herpes, decisive action must be taken promptly to make a correct diagnosis and intervene with treatment. The physician should perform a spinal tap for viral and bacterial cultures, blood for HSV serology, and wound cultures of the topical lesions. At the time of work-up, the infant must be immediately started with antiviral medication (intravenous Acyclovir) to prevent further spreading of the disease. Over a seven day period, intravenous Acyclovir 45mg/kg/day is usually effective in treating an infant’s localized infection. If the spinal tap culture or blood cultures turn positive, Acyclovir treatment is recommended for (21) twenty one days.

The good news is that if diagnosed early and treatment is started immediately a good outcome is likely.

For more information on this or other birth complications, please contact the New York Birth Injury Lawyers at our law firm.

Posted by Wingate, Russotti & Shapiro | Permalink | Email This Post

Posted In: Birth Injuries

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