Lansing Personal Injury Lawyer - Toxic Substances

Masks May Be Safer Than Face Paint For Your Children This Halloween

David Mittleman — Wed, 28 Oct 2009 14:20:32 GMT

Halloween masks have long been touted as a danger to trick-or-treaters because of the decreased visibility caused by small eyeholes. However, according to a new report issued by the Campaign for Safe Cosmetics, 10 commonly used face paints could cause more of a danger: they contain lead and should be avoided. Maybe it is safer to allow your child to wear the mask after all.

According to the report, the Campaign for Safe Cosmetics tested for a range of heavy metals in the face paints. Luckily, none of the products contained mercury or arsenic, but the researchers did discover lead in all 10 products. Moreover, there were labeling problems with some of the products. In fact, some products claimed to be hypoallergenic, but had some of the highest levels of nickel, cobalt and lead.

Lead is a dangerous substance: it can cause developmental and behavioral problems in children. Unfortunately, cosmetic products are not required to obtain approval from the Food and Drug Administration prior to being placed on the market. After reading the report, you may decide to skip the face paint for your kids’ Halloween costumes this year.

Originally posted at InjuryBoard by David Mittleman

Homes Constructed With Chinese Drywall Are Worthless, Homeowners Allege

David Mittleman — Mon, 12 Oct 2009 09:41:59 GMT

Many homeowners are experiencing similar dismay after moving into their “dream homes” just a few years ago. For example, a recent NYT article featured Bill Morgan, a retired policeman, who moved his wife and daughter into a newly built home in Virginia. However, within short order, Morgan’s family was forced to move after suffering constant nosebleeds and headaches. Moreover, the house had a persistent and lingering stench of rotten eggs and all of the metal appliances and door frames in the home turned black.

Lawsuits are cropping up from American homebuyers, who allege that their homes were constructed with imported Chinese drywall. Specifically, the lawsuits claim that the drywall, imported during the housing boom a few years ago, is contaminated with sulfuric compounds. So far, 300 people have filed lawsuits in Louisiana alone, with another 500 in Florida. In response, the Consumer Product Safety Commission will release the results of a study this month that will hopefully indicate whether or not the Chinese drywall is causing the alleged problems.

Nevertheless, investigators for the CPSC are finding it difficult to trace the source of the drywall. Many imported drywall sheets are simply marked with “made in China”, with no further information on the manufacturers. Unfortunately, many homeowners were forced to file lawsuits to attempt to recoup some of their losses. Specifically, many insurance companies have refused to pay claims file by homeowners, arguing that their policies do not cover issues caused by pollutants.

Mr. Morgan bought his house back in 2006 after living with his family in a FEMA provided trailer for three years. His first home was destroyed by Hurricane Isabel in 2003. He still drops by his dream home to cut the grass, but there is no equity left in the house because of the apparent destruction from the Chinese drywall.

Originally posted at InjuryBoard by David Mittleman

Check Your Doc Before Getting That Shot: Nevada Medical Assistants Illegally Administered Botox

David Mittleman — Wed, 09 Sep 2009 15:08:31 GMT

If your vanity has gotten the best of you and you can’t resist a quick shot of Botox or two, you still may want to pay attention to who’s poking you with that needle. According to Louis Ling, the executive director of the Nevada Board of Medical Examiners, some plastic surgeons in the state have routinely allowed medical assistants to administer Botox.

Ling refused to name any doctors who might have allowed their medical assistants to administer Botox and refuses to discipline the doctors or their assistants for the illegal practice. Instead, he believes that the illegal injections occurred because of plastic surgeons’ ignorance of the Nevada statutes that do not allow medical assistants to administer Botox. Furthermore, he claims that the only reason he even knew the practice is illegal is because he used to serve on the Nevada Board of Pharmacists. Nevertheless, ignorance of a law is not an excuse. In fact, illegal administration of drugs in Nevada is a felony.

Botox is a toxin derived from the paralytic agent botulinum toxin. In it’s most natural form, Botox is Botulism, the fatal paralyzing disease that wiped out millions of people in Europe in the 1800s. Moreover, the side effects of Botox can be very serious, including swallowing and breathing problems. This fact prompted the Food and Drug Administration to place black box warnings on the injectable toxin, a warning usually only placed on drugs that have the potential to cause heart attacks or stroke. Therefore, if you can’t live with your wrinkles and feel that Botox is the right medical procedure to rid you of those unwanted lines, please research your medical facility thoroughly. Generally, physicians should be the only individuals injecting you with Botox.

Originally posted at InjuryBoard by David Mittleman

Male Breast Cancer Cases Potentially Linked to Contaminated Water on Marine Base

David Mittleman — Wed, 02 Sep 2009 10:00:00 GMT

Mike Partain hardly expected the horrible surprise his wife discovered while giving him a goodnight hug in April 2007: he had a lump right above his left nipple. After undergoing a mammogram, Partain was diagnosed with male breast cancer. Luckily, he was able to have a mastectomy and is a cancer survivor.

Male breast cancer is extremely rare. In fact, according to the American Cancer Society only 1,900 male breast cancer cases will be diagnosed this year, compared with 192,000 cases in women. Partain wondered, what could’ve caused such a rare diagnosis in him? He had no history of male breast cancer in his family and a test for a gene linked to breast cancer came out negative. However, he became suspicious that his male breast cancer was caused by chemical contaminants after he saw a news story in June 2007 on CNN. The news story covered problems with contaminated water at the Camp Lejeune, North Carolina Marine base, where Partain grew up. Specifically, for three decades—from the 1950s to the mid-1980s—the Marines’ water supply was laced with chemicals from an off-base dry-cleaning company and industrial solvents used to clean military equipment. Partain began to receive publicity from all of the major news networks, eager to cover a story about a male breast cancer survivor. Partain was more than happy to use his newfound pulpit to spread the word about the contaminated water at Camp Lejeune.

However, even after seeing the CNN coverage and speaking out against Camp Lejeune on national news networks, Partain was beginning to consider himself an anomaly until his suspicions were finally confirmed. Kris Thomas, an Alabama minister, called Partain after reading an article in a Lakeland newspaper, to tell him that he, too, was diagnosed with male breast cancer despite having no family history of the disease. He also had lived on the Camp Lejeune base—during the same time period that Partain lived with his family on the marine base. Soon, two other male breast cancer victims approached Partain. Bill Smith, a professor at Florida State University, contacted Partain after reading an article in a Tallahassee newspaper. Then, a woman approached Partain at a church function where he spoke, to tell him that her stepfather had died from male breast cancer. He had also been a Camp Lejeune Marine. Partain didn’t end his search there: with his interests peaked, he began posting information on cancer bulletin boards on the Internet. He even joined a male breast cancer support group, its only male member. Finally, in 2008, scientists noticed all of his hard work. Epidemiologists began to study the Camp Lejeune water, although they still don’t know if they can actually prove that the water caused the male breast cancer. Nevertheless, scientists are hopeful to generate enough circumstantial evidence to propel the Marines to compensate the victims for their suffering. The Marines continue to decline comment on Partain’s work, despite keeping tainted wells open for decades and failing to warn anyone of the dangers of drinking the contaminated water.

Originally posted at InjuryBoard by David Mittleman

Philip Morris to Pay $13.8 Million in Punitive Damages to Daughter of Deceased Smoker

David Mittleman — Wed, 26 Aug 2009 10:00:00 GMT

A jury in Los Angeles Superior Court voted 9-3 on Monday that Philip Morris USA should pay $13.8 million in punitive damages to Jodi Bullock. Betty Bullock, Jodi Bullock’s mother, died of lung cancer in 2003 after smoking Marlboros beginning at age 17 and later Benson & Hedges. Both cigarette brands are Philip Morris products.

A civil suit was originally filed against Phillip Morris in April 2001 that accused the company of fraud and product liability. A 2002 jury recommended that Philip Morris should pay Bullock $28 billion in punitive damages. However, the judge reduced the award amount to $28 million. Then, in 2008, the U.S. Court of Appeals for the Second District reversed the jury’s decision and a new trial was set over the punitive damages. However, the original jury still awarded Bullock $750,000 in damages and $100,000 for pain and suffering.

Philip Morris contends that the $28 million award is excessive. Nevertheless, Philip Morris is the world’s largest tobacco company. In fact, according to a 1998 Stanford University report, the company rakes in $74 billion annually, while tobacco products contribute to four million deaths per year. However, that death rate estimation was made in 1999. The World Health Organization estimates that preventable deaths caused by tobacco use will rise to 10 million per year by 2020. While Philip Morris has started youth smoking prevention programs in recent years, internal documents show that the tobacco giant continues to target adolescents as potential customers. Indeed, most smokers began before turning 18. Furthermore, Philip Morris spent $23 million in lobbying expenditures in 1998 with 22% to Democrats and 77% to Republicans—they are second only to British American Tobacco in lobbying expenditures. Given these facts, $28 million for Betty and Jodi Bullock is a drop in the hat to pay for one more life lost to the lies of big tobacco.

Originally posted at InjuryBoard by David Mittleman

Decreasing Reproductive Health Linked To Increased Chemical Exposure

Devon Glass — Fri, 07 Aug 2009 12:52:56 GMT

Every day we wake up, go about our routine in our home, travel to work or on errands, eat food that we generally buy from a grocery store and think nothing of the dangers all of these activities may pose to our health. Everywhere we go, we are exposed to chemicals in our environment as part of living in an industrial society. However, it is possible that this long term exposure may be doing more damage to our bodies than we realize. New studies and research are beginning to suggest that this long term, constant, low-level exposure is affecting our reproductive health. Both men and women are beginning to experience these problems which range from miscarriages in women to low sperm count in men.

We have heard over the past few years that there are hidden dangers in the products we use. It was quite recently that BPA, found in many hard plastic products such as baby bottles, was affirmatively linked to health problems which included reproductive problems. These problems arise because the chemical BPA mimics estrogen in the body and so exposure to it can affect reproduction and reproductive health. The fact that BPA existed in many hard plastic products was not surprising to many consumers but it may be more concerning to know that BPA is also found in products such as the sealants dentists use in our mouths to seal weakened enamel. These sealants are used on children as well as adults and may be more of a risk than we originally realized.

There are other chemicals, though, which are all around us that have been linked to health problems. Phthalates are another brand of chemical often found in our environment and again, in products which wind up quite frequently in the hands of children. This chemical component family is also used in the manufacture of plastics but is used to soften the plastics which are frequently used in making toys for children. This chemical is also used in fragrances which are frequently found in perfumes and in baby powder and shampoo.

What the research is showing us is that the long-term exposure to these chemicals is having far greater impacts than we imagined. They are being blamed for infertility and lower fertility among adults. It can be assumed that as more of these chemicals are in the products our children are using today, the adults of tomorrow will find their reproductive health in peril because of it. What can we do? We can, as consumers, boycott products which we know have these dangerous chemicals in them. For example, we can buy hygiene products that are “fragrance free” and not use some of the hard plastics in which we know BPA lurks. We can use glass baby bottles instead of the hard plastic ones, for instance.

However, to really make an impact, we as consumers and as potential victims of these long-term health problems need to make sure those in the regulatory and government roles are made aware. We can do this by not only bringing it to their attention that it is important to us but also by ensuring that companies who willingly put consumers at risk are made to pay. If you or a loved one believe your health has been impacted by exposure to such chemicals, you should not have to suffer while the company who made the product is permitted to continue such a practice. Arm yourself with knowledge and stay aware and alert about health developments and legal developments, including any class litigation that may arise concerning specific products. We should not have to live in fear of the everyday products around us upon which we have come to rely.

Originally posted at InjuryBoard by Devon Glass

Mattel Agrees to Pay the Price for Selling Toys With Lead Paint

David Mittleman — Sun, 07 Jun 2009 10:00:00 GMT

Nearly two years after being fined $2.3 Million for selling toys with hazardous levels of lead, Matter and its Fisher-Price subsidiary agreed to pay the civil penalty.

In 2007, toy giant Mattel recalled nearly a million of its toys due to dangerous lead paint. The 967,000 recalled toys were made by a manufacturer in China. Mattel reported that it kept two-thirds of the 967,000 toys from reaching consumers, but that still left 300,000 toys that made it into the hands of unsuspecting children. Some of the lead-laced toys included the popular Elmo and Dora the Explorer toys.

Prior to this incident, Mattel had a reputation for upholding their safety obligations to consumers. In fact, the CPSC applauded Mattel back in July 2006 for being one of the few companies to maintain their responsibility, while other companies such as RC2, the maker of Thomas the Tank Engine toys, had to recall 1.5 million toys for lead paint.

A European retailer of Mattel’s toys first discovered lead on some products. Mattel reportedly stopped production at the factory that produced those toys to conduct a further investigation. Two years later, Mattel's agreement to pay the fine demonstrates an important step in acknowledging that it placed consumers and children in danger.

Originally posted at InjuryBoard by David Mittleman

Toxic Chinese Sofas

David Mittleman — Tue, 14 Apr 2009 11:57:38 GMT

In the latest scandal surrounding Chinese-made products, sofas from the country have been linked with causing severe allergic reactions. The anti-mold chemical, dimethyl fumarate, which is extremely toxic in even small amounts, is responsible for the severe burns, rashes, eczema, difficulty breathing, blood poisoning, and even skin cancer to people coming in contact with the sofas. Moreover, the sofas are also believed to be the cause of at least two deaths. The couches were mainly sold across Europe and are blamed for causing reactions to thousands of people, many of them small children. Dimethyl fumarate, or DMF, is a white powder used by some Chinese manufacturers to keep products free of mold while being stored in hot, humid places. Although DMF does not come in contact directly with the furniture, when it becomes hot, the DMF evaporates into the air, and is soaked up into the leather of the sofa. When body heat comes in contact with the leather, the body absorbs the DMF, leading to severe reactions.

In response, thousands of harmed individuals have filed suit against the retailers. According to the BBC News, this is already "the largest group consumer compensation claim ever seen in British courts." Additionally, after discovering the dangers of DMF, the European Union has plans for a new directive starting May 1, 2009 to require retailers to recall from sale any goods containing the chemical and to prevent future goods with the chemical from hitting stores. In support of the new legislation, EU Consumer Affairs Commissioner, Meglena Kuneva stated, "We are absolutely certain that the minor quantities of this product DMF in leather sofas or shoes could cause a terrible allergy and even death. It is very, very, serious, we will not compromise on safety."

Originally posted at InjuryBoard by David Mittleman

Powdered Baby Formula Contaminated with Rocket Fuel

David Mittleman — Fri, 03 Apr 2009 12:09:22 GMT

As if parents don’t already have enough to worry about with the presence of BPA in baby bottles and whether their children’s toys are safe, the Center for Disease Control and Prevention is now reporting chemicals used in rocket fuel have been found in powered baby formula. The study, which was published last month, but only brought to light yesterday by the Environmental Working Group, examined different brands of powered baby formulas for the chemical, perchlorate. Perchlorate is both a naturally occurring and manmade chemical, but most perchlorate in the United States is used as an ingredient in rocket and missel fuel. According to the Environmental Protection Agency, perchlorate has also been found in public drinking supplies and has since considered setting new limits on what is considered safe. The major concern is mixing powered formula containing perchlorate with drinking water, also containing the chemical, which could boost the level of perchlorate and exceed safety levels.

Researchers won’t reveal the fifteen formula brands they studied, but are reporting that those formulas derived from cow’s milk contain the largest amounts of the chemical. In fact, the two most contaminated brands accounted for 87% of the U.S. market for powered formula in 2000. Although the study did not focus on the health effects of perchlorate, scientists have reported large amounts could affect thyroid function which can impact fetal and infant brain development. According to the Associated Press, the extent of the risk is hard to assess because "the government requires that formulas contain iodine which counteracts perchlorate’s effects."

This is just another thing to add to the long list of worries for parents. So what can be done to ease these worries? One thing you can do is to check your local water supply for perchlorate and other chemicals, which can be done on the Environmental Working Group’s website. Another avenue is to contact your legislator or senator to push for higher safety standards for chemicals, or contact the EPA.

Originally posted at InjuryBoard by David Mittleman

Asbestos Defendants Snatch Victim’s Body Following Funeral

David Mittleman — Thu, 12 Mar 2009 09:57:05 GMT

While one New Jersey family was able to secure a key legal victory this week, the relatives of another Garden State man are outraged at the conduct of the defendants in his asbestos injury case. The friends and family of Harold St. John left his funeral last week expecting him to be laid to rest. Instead, the defendants obtained a court order requiring the body be sent back to the funeral home. The family was notified hours later.

Mr. St. John, who had worked in an automobile repair shop, had alleged that he was exposed to asbestos used to produce automobile parts. Exposure to asbestos, especially over long periods of time, can cause serious health risks, including asbestosis and mesothelioma.

The defendants seek to have an autopsy performed on the body. They claim that such a request is not uncommon, and that in this case the request for lung tissue had been made well in advance of the victim’s death. The plaintiff’s attorney has noted that the defendants have already received tissue samples from when Mr. St. John was initially diagnosed. The parties have stipulated that the St. Johns harbor honest objections to autopsies.

This shocking case comes on the heels of several other news stories in which solemn religious ceremonies have been interrupted or disturbed.

Originally posted at InjuryBoard by David Mittleman