Georgia Personal Injury Blog

TOTAL BODY FORMULA LAWSUITS FILED

M. Brandon Smith — Mon, 18 Aug 2008 17:10:53 GMT

If you have ever taken TOTAL BODY FORMULA or TOTAL BODY MEGA FORMULA, a self proclaimed vitamin supplement, you should be aware of recent findings that caused a recall of the popular liquid supplement. After dozens of unexplained events causing hair loss, fingernail loss, nausea, vomiting, fatigue, diarrhea and other very serious conditions, the Food and Drug Administration found TOTAL BODY FORMULA contained hazardous amounts of the mineral selenium which is a trace mineral that is essential to good health but required only in small amounts. The FDA stated the amount of selenium contained in TOTAL BODY FORMULA and TOTAL BODY MEGA FORMULA was 200 times the amount listed on the products label. Too much selenium in the body can cause a condition called selenosis and can be life threatening. To date more than 197 documented cases involving injury and sickness have been reported after using TOTAL BODY FORMULA and/or TOTAL BODY MEGA FORMULA. Of those 197 cases, more than 53 of these reported cases have occurred in the State of Georgia alone. Other sources indicate the number of those affected by ingestion of TOTAL BODY FORMULA and selenium are more prevalent than the numbers currently being reported.

According to Allison Young of the Atlanta Journal Constitution:

On March 27, the FDA issued the first of three warnings, advising consumers not to use Total Body Formula in tropical orange and peach nectar flavors and Total Body Mega Formula in orange/tangerine flavor.

Tests by the FDA found the supplement contained high amounts of selenium as well as levels of chromium that were 17 times higher than recommended. Total Body recalled 1,484 bottles of the product from the market. The symptoms users experienced are signs of selenium toxicity, the FDA said.

"Some people have been pretty debilitated by this," said Paul Melstrom, a CDC Epidemic Intelligence Service officer assigned to the Georgia Division of Public Health.

Felicia Blasingame's situation is very common among those who have taken either TOTAL BODY FORMULA or TOTAL BODY MEGA FORMULA according to our investigation and findings at Childers, Buck, Schlueter, LLP. When Childers, Buck, & Schlueter, LLP filed Felicia Blasingame's TOTAL BODY FORMULA lawsuit along with others we have filed for other clients in Georgia and elsewhere, we knew this was a very serious problem which necessitated prompt legal action in order to protect our client's health, safety, and legal rights.

As further pointed out by the Atlanta Journal Constitution:

There's no treatment for selenium or chromium poisoning, federal health officials said, and symptoms are expected to go away on their own over time. But recovery will vary depending on how much of the product a person consumed and their underlying health problems.

These factors along with others wherein the manufactures of dietary and vitamin supplements only have to report serious life threatening or deadly events raise grave concerns and issues for those who have in the past or continue to take supplements on a daily basis.

Products covered by the recall, announced in March:

• Total Body Tropical Orange - lot nos. 4016801, 4024801 and 4031801

• Total Body Peach Nectar - lot nos. 4016802 and 4031802

• Total Body Mega Orange/Tangerine - lot no. 4031803

Consumers should stop taking these products and consult a health professional if they've experienced adverse reactions.

For those who have sustained serious injuries and/or sickness after taking TOTAL BODY FORMULA or TOTAL BODY MEGA FORMULA you may want to contact the attorneys at Childers, Buck, and Schlueter to see how we can help protect your legal rights. Regardless of the case, it is of the utmost importance that you stop taking the above products and follow up with your medical provider if you experience any of the aforementioned conditions or medical problems.

Originally posted at InjuryBoard by M. Brandon Smith

Suspects Flee Scene Of Fatal Georgia Car Accident

M. Brandon Smith — Sun, 10 Aug 2008 14:32:23 GMT

The Dalton Police Department's Traffic Unit is seeking additional help and witness information after the driver and a second passenger fled the scene of a one car accident that left one man dead on Friday. Authorities suspect the fatal Georgia car accident which occurred around 11p.m. on the Hamilton Connector in Dalton, Georgia was preliminarily caused by speed and the use of alcohol. The decedent, year-old Rene Olvera Resendiz, was pronounced dead on the scene after the Ford Explorer SUV in which he was riding left the roadway and truck a tree.

Hopefully as this tragic car wreck gains more media attention, the responsible parties will see fit to turn themselves in and provide more details about the car accident itself.

If any one has any information on the two subjects, they are asked to call the Dalton Police Department's Traffic Enforcement Unit at 706-278-9085, ext 124.

Originally posted at InjuryBoard by M. Brandon Smith

Dangerous Truckers And The Lack Of Adequate Regulation

M. Brandon Smith — Thu, 07 Aug 2008 01:16:42 GMT

Terrifying information has recently been released by the Federal Motor Carrier Safety Administration, which is the federal agency charged with regulating the trucking industry. All United States citizens, specifically including Georgians, should be on specific attention and alert to of the following remarks:

"We have a major public safety problem, and we haven't corrected it," said Gerald Donaldson, senior research director at the Washington-based Advocates for Highway and Auto Safety, whose members include consumer, health and safety groups and insurance companies. "You have an agency that is favorably disposed to maintaining the integrity of the industry's economic situation."

Truckers violating federal medical rules have been caught in every state, according to a review by the AP of 7.3 million commercial driver violations compiled by the Transportation Department in 2006, the latest data available. Texas, Maryland, Georgia, Florida, Indiana, Pennsylvania, Illinois, Michigan, Alabama, New Jersey, Minnesota and Ohio were states where drivers were sanctioned most frequently for breaking medical rules, such as failing to carry a valid medical certificate. Those 12 states accounted for half of all such violations in the United States."

Sick, tired and/or impaired truck drivers cause thousands of trucking accidents each year in the United States. Many of these trucking accidents end in death for those in passenger vehicles. The statistics are alarming and the FMCSA is not doing anything material to help reduce the needless loss of life that these accidents cause.

It is apparent based on this article alone that drastic changes are needed and that the Federal Motor Carrier Safety Administration needs to be held to a higher standard in order to help save lives. Unless corrective measures are taken to keep unfit and unsafe truckers like those mentioned in this assessment off the road, all other drivers on the roadway will continue to be in danger. For more information on how you can promote awareness and visibility to this alarming issue visit the Advocates for Highway and Auto Safety.

Originally posted at InjuryBoard by M. Brandon Smith

Day Care Worker Charged After Inadequate Supervision Of Student

M. Brandon Smith — Thu, 29 May 2008 14:27:43 GMT

When you place your child's care and wellbeing in the hands of a professional day care facility you expect them to take the necessary steps and precautions to ensure your child's safety. After all they are being paid large sums of money for this service and usually hold themselves out to be highly trained caring people that want the best for their children and their families.

Although these ideals are often portrayed and sought, bad things can happen if the day care does not hire the right employees and take the necessary steps to adequately supervise their pupils. A perfect example of this recently took place at Happy Days Preschool on Cherokee Street in Kennesaw, Georgia. According to the Cobb County Police Department, a 7-year-old boy who was left unattended and unsupervised left the day care center and was subsequently found walking alone several miles from the preschool. After confirming the boy was supposed to be in the care and custody of Happy Day Preschool with his parents, the police launched an investigation into the incident.

The boy's parents confirmed that he was supposed to be at the preschool, which is about four miles away and on the other side of heavily-traveled Cobb Parkway from where the boy was found.

"Luther said that when Kennesaw police went to Happy Days, they "observed several juveniles of various ages on the playground without adult supervision."

Only two adults were at the school, one working in the "infant room," and the other doing administrative work in an office, Luther said. Neither knew the boy was missing."

Given their investigation and alarming facts of this situation, 65-year-old Barbara Ellen Alba, the adult in charge of the preschool, was subsequently arrested and charged with felony cruelty to children in the second degree according to authorities. Thankfully the child was found uninjured and safely returned to his parents.

Situations like this are a real cause for concern. When selecting a day care for your child be proactive in your search and ask a lot of questions before enrolling a loved one there. Inquire what measures they employ to prevent accidents and how they plan to keep your child safe. Make sure they have enough staff to adequately supervise the students there and are capable of doing the things they promise they will upon enrolment. If this is done chances are you will eliminate many less than desirable programs off your list and also find one that has your child's best interest at heart unlike the situation herein.

Originally posted at InjuryBoard by M. Brandon Smith

Tractor Trailer Driver Kills Pedestrian In Hit And Run Incident

M. Brandon Smith — Mon, 21 Apr 2008 23:03:19 GMT

Police in Dublin, Georgia are still on alert to find the driver of a tractor trailer who ran over a pedestrian on April 7, 2008. Local authorities said the local man was in the crosswalk on Georgia 31 when the unknown truck struck and killed him early that morning. The truck driver left the scene of the accident without stopping to see what injuries this pedestrian accident caused. Witnesses say the blue tractor trailer turned from the left lane on Georgia 31 onto Georgia 19. The local man struck by the tractor trailer was taken to the Medical Center of Central Georgia for emergency medical treatment. Tragically, the man later died from the internal injuries he sustained in the hit and run accident. Hopefully, someone will have seen something that will lead to capture and arrest of this careless driver.

If anyone has any information about this fatal pedestrian accident, they are encouraged to call the Dublin Police at 478-277-5023

Originally posted at InjuryBoard by M. Brandon Smith

Ford Recall On F-Series Trucks

M. Brandon Smith — Wed, 12 Mar 2008 13:19:30 GMT

Ford Motor Company has just issued a nationwide recall on over 100,000 2008 F-Series trucks due to non-conformance of the driver's seat with federal standards and guidelines. This particular Ford recall covers Ford's F-250 through F-550 Super Duty trucks sold in the United States and Canada. Although no injuries have been reported at this time according to Ford officials, this is a very serious issue that all affected Ford Truck owners should be aware of to ensure adequate safety is achieved. According to Ford, affected owners will be notified of the recall later in March.

Originally posted at InjuryBoard by M. Brandon Smith

Infantino Rattles Recalled Due to Choking Hazard

Jenny Albano — Thu, 06 Mar 2008 23:58:00 GMT

Infantino LLC., in conjunction with the CPSC, is recalling about 20,000 Infantino Lamb Grabby Rattles due to a choking hazard.

Part of the rattle can detach, which can pose a choking hazard to infants and young children. So far the company has not received any reports of injury, but there have been eight reports of the tall piece of the rattle detaching.

The recalled Infantino Lamb Grabby Rattles�"� are shaped like a lamb with an Infantino elliptical-shaped logo stamped on the front right foot of the lamb. Only rattles with date code 0907 printed on the back of the left ear of the lamb are included in the recall. The production batch code is printed in a dial format with the year in the middle of a circle and an arrow pointing to the number on the circle that indicates the month. Rattles that do not have a date code are not included in the recall.

The recalled rattles were available in Wal-Mart stores, Baby "R" Us and other specialty stores across the United States from September 2007 to November 2008 and were manufactured in China.

Originally posted at InjuryBoard by Jenny Albano

Two Car Georgia Automobile Accident May Lead To Criminal Charges

M. Brandon Smith — Mon, 28 Jan 2008 14:04:17 GMT

A suspected DUI driver may soon be facing criminal charges stemming from her actions that lead to a two car accident on I-85 Friday. According to the Georgia State Patrol, Kerri Jean Hynes of Suwanee reportedly crossed the median and struck another vehicle occupied by 3 college students from Bob Jones University. It is believed that Hynes was using her cell phone at the time of the impact and that its use was also a contributing factor in the car accident. Although the impact was a head on collision, everyone thankfully survived the accident and sought medical treatment at local area hospitals.

TFC Crawford said Ms. Hynes suffered minor injuries after becoming disoriented while using a cellular phone at the time of the accident. She is facing charges of driving under the influence, driving on the wrong side of the highway, causing serious injuries, driving while inattentive, having no seatbelt and driving in the median, he said.

None of the injuries were believed to be life-threatening, he said. But Mr. Hemming is being treated for a serious leg injury at AnMed Health Medical Center in Anderson, TFC Crawford said.

For more information on car accidents and how to ensure your rights are adequately protected please visit our section on automobile accidents. If you have additional questions, please contact one of our Georgia personal injury lawyers here.

Originally posted at InjuryBoard by M. Brandon Smith

L'Oreal Initiates Recalls L'Oreal Paris Dream Blonde Bleach and Lightening Care Kit

Jenny Albano — Sat, 19 Jan 2008 20:59:32 GMT

L'Oreal Paris, in conjunction with the FDA, is recalling from the L'Oreal Paris Dream Blonde (Baby's Breath Blonde #100 Ultra Lightening) Bleach and Lightening care kit due to misprinted directions.

The product was sold in retail outlets in the US from January 1 through January 18, 2008. L'Oreal is voluntarily taking this action due to an error in the printing of the directions for the use of the Dream Blonde Bleach and Lightening care kit.

Affected consumers will be receiving a full refund for their purchase. The company recalled the product as soon as possible when it was notified by a consumer that the product causes irritation.

The product itself is safe, but because of misprinted directions consumers could experience irritation or sensitivity, and consumers have been instructed to not use Paris Dream Blonde Bleach and Lightening care kit. The recall includes the products listed only, all other L'Oreal Paris products are safe to use.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Drunk Driver Causes Deadly Car Accident

M. Brandon Smith — Wed, 26 Dec 2007 22:40:54 GMT

A drunk driver by the name of Gregory Lee Wills may soon be facing felony vehicular homicide charges after causing a deadly car wreck on December 11, 2007 in Forsyth County. According to officials, one of the passengers involved in the dui accident, a 10-year-old minor, recently passed away due to the injuries she sustained. The young girl bravely battled for her life for more than a week at Scottish Rite prior to her passing according to the corner Lauren McDonald. The young girl's mother, who was also the driver of the mini van, was airlifted to a local Atlanta area hospital and is still recovering from her injuries at this time. Gregory Wills, of Buford Georgia, was initially charged with driving under the influence at the time of the car accident.

In situations like this, the elevated charge of felony vehicular homicide is needed to deter similar acts in the future and to hold the responsible drunk driver accountable. There is nothing more important than life and now because of Willis' careless, wanton and willful acts, the lives of this family will never be the same. No jail sentence or civil penalty will ever make things right, but it will certainly help this family move forward and make our society as a whole a safer place for having done so.

Originally posted at InjuryBoard by M. Brandon Smith