More from The Verdict on Iowa house fires causing injury and death

Death by house fire. How about using a flashlight?

Is it me getting older or are instances where people seem to lack common sense increasing? 

Fort Dodge, Iowa: Two reports from KCCI report on a house fire where Larry Parsons, 58 died from injuries suffered during a house fire last week. There were two other people reported to be in the house.  Take a look at this report of how it started and tell me if you see something lacking in this person’s deductive reasoning and intuitive abilities? The cause of the fire is really one with a person or persons lacking common sense.

Investigators said the fire started when someone used a lighter to look under a couch for a dropped cigarette, and the flame from the lighter ignited the couch. Des Moines Register article.

Really …are you serious? What level of education does it require to know that a lighter under a couch isn’t a good idea?

We will cover this more extensively on The Verdict, our blog at the Lombardi Law Firm. Our coverage will include rights, responsibilities and more extensive reporting on safety issues.

YouTube fires

One Killed In House Fire

Totally Involved House Fire

Building Under Renovation Catches Fire

Children playing with matches

Terre Haute Fire Department -8th St House Fire. Flashover

Basic Fire Safety & Escape Plans : How to Survive a House Fire by Sleeping with Bedroom Doors Closed

Young Iowa girl dies from ATV rollover, predictable and preventable

Iowa and ATVs have been in the news. Recently ATV’s were recalled. The Iowa Attorney General got involved with the manufacturers of ATV’s obtaining from them restrictions on how they were being sold. Safety and the number of child deaths was the issue.

Iowa has had more than 100 deaths from ATV accidents.

These cases are so numerous and deaths so expected that attorneys have created legal websites claiming to be specialists. In essence they are simply putting advertising dollars together and some have very little expertise. Claims of knowing what to do with these cases is different than knowing what to do and having experience in trial work.  KCCI Channel 8

An 11-year-old female passenger, Morgan Leslie McFarland, was injured from an ATV rollover collision-accident near Red Oak, Iowa. The Montgomery County Sheriff’s Office is investigating the cause. The driver, Courtney Marie Lemine also of Red Oak was killed when she lost control of the ATV, as reported by the sheriff. These accidents are preventable and predictable. Youngs Miss Leming did not have to die. There is no report of the type of ATV that they were driving although it’s reported that neither girl was wearing a helmet. This isn’t the only death in Iowa of lately.

On March 22, 2009 a 42-year-old man from Victor, Iowa died as a result of an ATV accident.

There is an ATV Safety (having to do with death and injury from ATV’s) page by the government where you can learn about the ATV safety issues, report injuries, find a training course, learn about ATV recalls, use ATV links and read ATV news. Initially the man was not identified. Officials later identified the man as . The Des Moines Register reported on the accidental death. More coverage here, here, here, here and here.

The make of ATV in the news is the Yamaha Rhino ATV. These have had a number of rollover issues. A citizen’s report of utility terrain vehicles or UTV hazards can be obtained. February 26, 2009. (67 pages)

STATE OF IOWA ATV DEATHS:

Reviews of news reports indicate 18 IOWA deaths from 3/31/2009 to 04/13/2009 of which 3 were children under 16. Iowa has 112 reported deaths from 1982 to 2007.

State Laws: 

• All ATVs must be registered and titled if used on public lands, except for those used solely for agricultural purposes.
• All registered ATVs are to receive one numbered sticker; renewal is once every year.
• No one under 12 can operate an ATV unless on private land.
• No one under 18 can operate an ATV on public lands unless they possess a safety training certificate.
• No passengers are allowed on the ATV unless it is designed to carry more than one person.
• ATV use on highways is prohibited, except to cross these roads and for agricultural purposes and then only during daylight hours.
• ATVs operated during hours of darkness shall have lighted head lamp and tail lamp.

If we at the Lombardi Law Firm can assist you to find an ATV injury lawyer outside of Iowa or if we can assist you in Iowa please contact us. Lombardi Law Firm, Three Fountains Office Park, 4200 Corporate Drive, Suite 112, West Des Moines, IA 50266

Toll Free: 800-383-0331  or Phone: 515-222-1110

Part of what we do is help you find the right lawyer; so your case is properly litigated.

See also,

Puna Man Dies in All Terrain Vehicle Rollover - Are ATV's and UTV's Dangerous?, Wayne Parsons, Hawaii

on the InjuryBoard.

Malpractice is a very personal type of claim

“It would never happen to me.”

This is the assumption of everyone who votes to limit the rights of the injured to receive compensation when someone else causes the injury. It has to be. With few exceptions there can be no other explanation for working people.

In a recent People Magazine ad, page 74 of April 27, 2009 I read these words from 14 year old Rachel Kramer, from the day before she was diagnosed with thyroid cancer. Here complete statement is: “It would never happen to me. I’ve got bigger things to worry about, like homework, friends and all the cute upper classmen.”

Rachel Karmer, 14, the day before she was diagnosed with thyroid cancer.

It’s an ad for Light of Life Foundation, www.checkyourneck.com. They warn that “Confidence kills.” And I would have to agree.

It’s the confidence you have that it, meaning malpractice of any sort, will never happen to you. I hope it doesn’t and I hope if and when it does that you aren’t one of the unfortunate ones who die or live a life altered by the preventable errors of the professionals you trust.

But if it does, ask yourself, will you be willing to accept that no exception can be made for you?

Will you be willing to lose your life savings?

Will you be willing to watch a loved one die without the resources to financially support them?

Will you be willing to watch the responsible party go on without a change in their life, while your family suffers the consequences?

If you can answer yes, then by all means vote for tort reform; but if that something happens to you, just don’t bother going see an attorney. It’s not that we won’t care, we will, but there is nothing we can do for you. While doctors may threaten to quit medicine, lawyers don’t threaten anything; we just won’t take your “case”.

Grappling with issues of police misconduct, brutality, excessive force, assault, battery and pressures of being an officer.

From time to time I get asked for legal advice that has a broader audience and this is one of those Q&A’s. This is about police brutality, or excessive force, assault and battery, finding the right lawyer, lawsuit economics, the dangers of law enforcement and general human nature.  Stick with me and read through to the bottom.

Question: My son was exercising visitation with his daughter; there were NO legal custody papers at the time. A sheriff deputy came to the house, told my son he had to give the child to the mother. Witnesses say my son didn't say a word but turned and walked back inside the house. As he turned to go back in the house the deputy grab him from behind, punched him 3 times, pushed his head onto a 4x4 post, threw him to the ground, handcuffed and arrested him.  I tried to get my son out of jail that night; I took 3 witnesses with me stating my son had done nothing wrong, he hadn’t even spoke a word. The jailer refused to release him until the next morning. I have pictures of some scratches and a black/blue eye. In the weeks that followed my son was charged with disorderly conduct which was later dismissed due to 'in the best interest of justice'. We file a complaint about the assault but the County Attorney did nothing with filing charges against the officer. Several months later the deputy was fired for aggressive behavior. Do we have a good case against the county? And how do we find a good attorney to take it?

Answer: First of all I hope your son is alright and doesn’t hold this against all law enforcement. One bad apple can spoil an entire department.  Based on what you have reported I do believe your son has a case for false arrest, excessive force and assault and battery. (In Constitutional language it’s called excessive force a part of the prohibition against cruel and unusual punishment. The popular name is police brutality.) The tough part will be finding a lawyer willing to take the case due to the amount of damages not being very great or sufficient to make the case economically feasible.  

You should understand that the County Attorney is nothing more than a politician who is protecting the County from civil liability. If you really want justice then work for his ouster during the next election. The deputy is already fired so some justice has been done. 

I’ve tried a case just like this one. It was in Burlington, Iowa and the officer and City were found liable to my client. My client’s injuries were much more extensive, although he had no broken bones, ruptured disc or brain injury. He was awarded $33,500.00 in compensatory damages and the city and officer were slapped with a $100,000.00 punitive damage award.

In another case my client was beaten by the Des Moines Police Department and that case was settled for $100,000.00.  He suffered much more than a few scratches.

Here in Des Moines the Des Moines Police Department have their own recent issues to grapple with.

Two Des Moines police officers accused of brutality in connection with a traffic stop last year have been placed on paid leave.

Officers John Mailander and Mersed Dautovic were put on leave Monday after investigators with the Des Moines Police Department's Office of Professional Standards discovered new information, said police spokesman Sgt. Vince Valdez.

"As a result of the investigation, we received recent information about inconsistencies during interviews," Valdez said. He declined to elaborate.

The point is you need quite a bit of physical damage and evidence to make these cases worth the time and money it takes to litigate them. And you need good solid witnesses, a fact prevalent in each of the two cases noted above.

In defense of the police I will say they have a tough job under extremely dangerous conditions. I don’t offer this to justify the deputy’s actions just to help you and your son put the bigger picture in perspective. I can tell you’re angry and it’s justified. Unfortunately that and $3.50 will get you a cup of Joe at the local Starbucks; and nothing more. This might be a case where you’re better off just forgiving and moving on. It appears to me you are both better people than this officer ever will be and that justice has been done with his being fired. This past week I added your message to my FAQ category on the Lombardi Law Firm website and this blog, The Verdict.

In defense of the police I will say they have a tough job under extremely dangerous conditions. The Waterloo Police Department found that out when a simple domestic dispute turned into the execution style slaying of two officers.  Michael Hoing was only 28 and his partner, Wayne Rice just 27. Both were killed in the line of duty while responding to a domestic dispute.  I lived in Waterloo at the time and experienced this first hand. It wasn’t pleasant.  The Oakland California Police Department just recently had four officers slain in the line of duty. I don’t offer these stories to justify the deputy’s actions just to help you and your son put the bigger picture in perspective. This might be a case where you’re better off just forgiving and moving on. It appears to me you are both better people than this officer ever will be and that justice has been done with his being fired.

Between 1996 and 2005 there were 575 police officers killed. The statistics are encouraging in that the rate of police officer deaths is on a decline.

The County Attorney would go along way in simply offering an apology to your son.

Homicide trends in the U.S.
Law enforcement officers killed

The number of law enforcement officers killed in the line of duty has declined since the early 1970's

Between 1996 and 2005, of the 575 officers killed --

• 26% were in arrest situations
• 18% were in ambush situations
• 18% were making traffic pursuits/stops
• 17% were on disturbance calls
• 12% were investigating suspicious persons/circumstances
• 10% were in other situations

Of the 662 assailants identified in the killing of law enforcement officers from
1996-2005 --

• more than half had a prior conviction
• 2 out of 5 had a prior arrest for a violent crime.

Most law enforcement officers are killed with firearms, particularly handguns

The greatest proportion of the recent decline in murders of law enforcement officers is attributable to the decline in handgun murders.

To view data, click on the chart.

Source: FBI, Law Enforcement Officers Killed and Assaulted, 1973-2005
Additional information about the data used in Homicide trends in the U.S.

Law Enforcement Officers Feloniously Killed

Year	Total killed*
1973	134
1974	132
1975	129
1976	111
1977	93
1978	93
1979	106
1980	104
1981	91
1982	92
1983	80
1984	72
1985	78
1986	66
1987	74
1988	78
1989	66
1990	66
1991	71
1992	64
1993	70
1994	79
1995	74
1996	61
1997	70
1998	61
1999	42
2000	51
2001	70
2002	56
2003	52
2004	57
2005	55

* The 72 deaths that resulted from the events of September 11, 2001 are not included in this total
Source: FBI, Law Enforcement Officers Killed and Assaulted, 1973-2005

     See also Additional Information About the Data for details about weighting and imputation.

To the chart based on these data | Download spreadsheet version (.csv file)

Law Enforcement Officers Feloniously Killed

Year	Total killed*	With handguns	With other guns	Other methods*
1973	134	93	34	7
1974	132	95	33	4
1975	129	93	34	2
1976	111	66	28	17
1977	93	59	24	10
1978	93	67	24	2
1979	106	76	24	6
1980	104	69	26	9
1981	91	69	17	5
1982	92	60	22	10
1983	80	54	20	6
1984	72	46	20	6
1985	78	58	12	8
1986	66	51	11	4
1987	74	49	18	7
1988	78	63	13	2
1989	66	40	17	9
1990	66	48	9	9
1991	71	50	18	3
1992	64	44	11	9
1993	70	50	17	3
1994	79	66	12	1
1995	74	43	19	12
1996	61	50	7	4
1997	70	50	18	2
1998	61	40	18	3
1999	42	25	16	1
2000	51	33	14	4
2001	70	46	15	9
2002	56	38	13	5
2003	52	34	11	7
2004	57	36	18	3
2005	55	42	8	5

* The 72 deaths that resulted from the events of September 11, 2001 are included in these totals

Source: FBI, Law Enforcement Officers Killed and Assaulted, 1973-2005
     See also Additional Information About the Datafor details about weighting and imputation.

 

 

When police rule an accident is an “accident” does that preclude a civil suit?

Civil versus Criminal Actions - The accidental shooting.

Several newspapers reported on an accidental shooting in Southeast Iowa in the town of Donnellson. Here is the situation. Two men were shooting targets with high-powered rifles. One was a 29 year old man, Levi Martinson. The other is James Easter, 31. These two men were shooting out from a second story window at Easter’s home. They were shooting with high-powered rifles at targets set by a pond. Martinson was holding his rifle by the barrel. The gun accidentally discharged shooting and killing him. The police investigated and concluded it was “an accident”. An autopsy was conducted and there is no mention of any ballistics tests being performed.

In this case the shooter is the person who later died. You can’t sue yourself, but if the gun were defective then the manufacturer might be legally liable. And of course if an autopsy, ballistics tests, blood splatter evidence and other tests showed the decedent was not holding the gun then we would have a very different case.

Let’s assume for the sake of this post that two men are out shooting targets and the gun one holds does accidentally discharge killing the other. The police, like they did in this case conclude it was accidental, is there a possible civil action.

Will the police conclusion of an accidental shooting preclude a civil action?

The quick answer is, no, it doesn’t preclude a civil suit and a finding of negligence. The police are looking at whether or not the actions by Martinson were a violation of the criminal law; not civil law. Criminal law and civil law are like apples and oranges. Every crime has elements to be proven. Elements are like ingredients in a recipe. If when baking chocolate cupcakes you leave out an ingredient the cupcakes won’t bake or taste right. Proving a violation of the criminal law is similar to following a recipe in food preparation.

Elements of Crimes and Civil Actions

The elements of crimes (the criminal statutes) are different, very different, than the elements of civil rules of conduct. One element that is very different for crimes and negligence (torts) would be intent. A person must intend to do the act and for most crimes the act intended is one that will or is likely to result in death, injury, fright or the deprivation of another’s property.

In this case of the shooting that resulted in death the likely criminal considerations could be murder or manslaughter. To commit the crime of murder you have to have intention to do an act that is likely to cause death of another person. Manslaughter is doing something really dumb, like actually pointing a loaded gun at someone. Criminal intent is vital to a successful prosecution. Intent isn’t involved as an element in negligence actions. In this case the man was simply holding the gun by the barrel and it discharged. There was no intent to do harm.

Now let’s look at civil laws. A jury’s evaluation of what the shooter did might consider other facts, like what a reasonable man might have done in this instance. Inquiry into exactly how the gun was being held, were they fooling around, was there another way to hold the gun and had it every accidentally discharged previous to the day of the fateful events. Experts would evaluate what actually caused the gun to fire without a finger on the trigger. If it has to do with gun maintenance then who owned the gun and if it were properly cleaned and maintained would it not have discharged? Everyone has a duty to not act unreasonably in a way that causes injury or death to another person.

Burdens of Proof

The burdens of proof, the standard by which a case must be proven, have to do with the amount of evidence needed to be produced, is different in criminal and civil cases. Due to the presumption of innocence the burden of proof in criminal cases is much higher.

Think of the burden of proof as a level of proof required to demonstrate to Judge and jury that your side of the argument on any given point is more persuasive than the your opponents. Don’t confuse the burden of persuasion for any given element with burden of proof. The burden of persuasion remains on the party whose duty it is to prove any one element.

The burden of proof placed on a prosecutor to prove the defendant has violated the criminal law is beyond a reasonable doubt. On the other hand civil law violations are about negligence or fault and the burden of proof is a preponderance of evidence. A preponderance of the evidence is the greater weight of evidence. Think of preponderance of evidence as the scales of justice; just tip the scales and you win. But with the burden being beyond a reasonable doubt and you have a much tougher job in putting on enough evidence to make the elements of the crime true beyond any reasonable doubt.

And that’s the difference. Yes there can still be a civil case by the estate of the dead man or his wife and children.

 

 

University of Iowa injury study is flawed; at least as it concerns TBI's and head injuries

A University of Iowa study examined data causing personal injury to Iowans between 2002 and 2006. Today we examine the findings regarding helmet versus not wearing a helmet while riding on a motorcycle.  Those not wearing a helmet are 2.3 times more likely to suffer traumatic brain injury than riders with helmets.  Average hospital charges were 1.5 times greater for those who were involved in an accident and not wearing a helmet.

The riders without helmets suffered more severe injuries. Eleven percent suffered moderate traumatic brain injury as opposed to six percent for those wearing a helmet.  That is an increase of 1.8 percent greater TBI without a helmet.

Following a motorcycle crash the rider with a helmet can expect 17 out of every hundred to suffer a TBI. As contrasted with non-helmeted riders having 32 TBI’s out of every 100 accidents. That is a 1.9 times higher rate of TBI’s for those not wearing a helmet.

I’m critical of this study because TBI and head injury were not defined and there isn’t really a good way of measuring the extent of TBI. First what is a head injury and what is traumatic brain injury? All head injuries do not result in traumatic brain injury. In the case of motorcycle accidents and wrecks a head injury is simply injury to the head. A traumatic brain injury is trauma to the head that results in a brain injury.  If I knocked your head with my hand you have suffered a head injury. But you don’t have traumatic brain injury. What criteria did they use would be important to know.  Without this information the findings are not very useful.

This story is also covered by Radio Iowa.

Illinois legislature votes against promoting gun safety involving children

A bill before the Illinois legislature that would have expanded the law increasing responsibility of gun owners to secure their weapons from children was defeated. The law in Illinois presently allows criminal charges to be made against those who fail to store guns safely knowing a child under 14 years of age could get the weapon without the owner’s permission.

The proposed change was to increase the age to 18 years of age.

The Illinois State Rifle Association opposed the measure. The bill is HB0179 and was sponsored by Graham. An audio file of the committee testimony is available online.

House File HB0179

Synopsis As Introduced - Amends the Criminal Code of 1961. Provides that it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 18 (rather than 14) years who does not have a Firearm Owners Identification Card or who is not serving in the military is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor unless the firearm is secured. Eliminates the provision that the person who stores or leaves the firearm is criminally liable only if the minor causes death or great bodily harm with the firearm. Provides that if the minor causes death or great bodily harm with the unlawfully stored firearm, the penalty is a Class A misdemeanor (rather than a Class C misdemeanor). Eliminates the provision that the firearm may be placed in some location that a reasonable person would believe would be secure from a minor.

Chris Matthews Wants America Disarmed

O'Reilly Gun Debate

One Sided Gun Debate on MSNBC

 

 

 

 

A blood transfusion leaves woman dead

A Haifia woman who received the wrong type of blood during surgery to reset a broken leg died of respiratory and cardiac insufficiency two weeks after the blood transfusion.

"The patient was an 84-year-old woman who, like many people at her age, had prior conditions including lung and heart disease... The error [in the type of blood supplied by the blood bank] was discovered quickly and the transfusion was stopped shortly after was given," Ramban wrote in its response.

The record is not clear whether or not the incorrect transfusion caused the conditions that resulted in her death.

Probably the most dangerous reaction from being transfused with the wrong blood type is an immediate hemolytic transfusion reaction.  This type of mistake is almost always the result of what is called "administrative error".

“When it does happen, the infused red cells are hemolyzed, and the patient experiences chills and fever, a fast heart beat, possibly a drop in blood pressure and, sometimes, kidney failure. The transfusion must be discontinued as soon as this is recognized and the patient given IV fluids to promote good kidney function. Tests are then done with the blood to determine the extent of the problem.”

Father arrested for supplying steroids to his son

Here is the example that Major League Baseball sets when they allow players like A-Rod to play after admitting he used and then misled the press about steroid use.

A Mason City, Iowa father was arrested for supplying his son steroids. The father and mother are divorced and child visitation is being exercised. The AP reports the son was given the drugs when he was on a visitation weekend.

“Court records show that boy told investigators his father gave him the pills during an earlier weekend visitation. The records also show that Gerleman admitted to giving his son the needle and the pills.”

The Gilbertville police were called when the son allegedly assaulted the mother who phoned the police. Officers found a syringe and 105 pills in the child’s bedroom. The boy is 14-years old.

In a statement issued Saturday but the MLB, Executive Vice President of Labor Relations Rob Manfred said, "We are disturbed by the allegations... Because the survey testing that took place in 2003 was intended to be non-disciplinary and anonymous, we can not make any comment on the accuracy of this report as it pertains to the player named."

In December 2007 A-Rod said on 60 Minutes he never took steroids, but then in February 2009 when confronted with new evidence he admitted to the truth.

"For the record, have you ever used steroids, human growth hormone or any other performance-enhancing substance?" Couric asked.

"No," Rodriguez replied.

Asked if he had ever been tempted to use any of those things, Rodriguez told Couric, "No."

"You never felt like, 'This guy's doing it, maybe I should look into this, too? He's getting better numbers, playing better ball,'" Couric asked.

"I've never felt overmatched on the baseball field. I've always been a very strong, dominant position. And I felt that if I did my work as I've done since I was, you know, a rookie back in Seattle, I didn't have a problem competing at any level. So, no," he replied.

 

 

I don’t know who the MLB thinks they are fooling but it’s not the kids who play sports and want to play ball in the Major Leagues.  The MLB isn’t fooling the fathers whose expectations father’s place on their kids.

FDA announces recall of jaw, face or cranial implants due to risk of infection

If you’ve had a Stryker Custom Cranial Implant surgically implanted to correct lower, upper jaw, face or cranium defects due to injury you’ll need to read the FDA Announcement and contact the surgeon who performed the surgery. You are at risk of infection.

All hospital administrators need to check supply shelves and return the kits.

If any patient needs assistance contact our office. The FDA Alert is below with the necessary link.

 

Stryker Custom Cranial Implant Kits

 

Audience: Maxillofacial surgeons, hospital risk managers

Stryker Leibinger USA and FDA notified healthcare professionals of a Class 1 recall of all sizes of the cranial implant kit distributed from November 5, 2007 through October 23, 2008. The company is recalling these products because sterility cannot be assured. Custom cranial implants are designed individually for each patient to correct trauma and/or defects in the lower jaw, upper jaw and face or the cranium and the face. Implanting surgeons were notified individually of the problem in a October 24, 2008 recall letter. The letter advised them of the risk for serious infections, and instructed them to follow-up with patients for infections for at least six months after surgery. The recall letter also included details for identifying and returning any remaining implant kits.

 

Read the complete MedWatch 2008 Safety summary, including a link to the Class 1 recall notice, at: http://www.fda.gov/medwatch/safety/2008/safety08.htm#Stryker

Disease Transmission From the Transplantation of Organs

According to the United States Department of Health and Human Services, in the year 2006 there were a total of 98,263 patients listed on the organ donation waitlist within the United States, but only 14,756 organ donors. To make the situation even bleaker, there are a small number of organ recipients who receive more than just their desperately needed organ; they also receive life-threatening disease.

Within the United States, there are significantly more patients waiting for organ donation than there are organ donors. High demand causes organ procurement groups, such as the Indiana Organ Procurement Organization, to race against time in order to determine which organs are safe. However, due to increased demand, the desperate need for organs, and time restraints corner-cutting has also increased, which leads to increased instances of failure within the organ-sharing network.

Dr. Michael Nalesnik, Vice Chairman of the Disease Transmission Advisory Committee of the United Network for Organ Sharing and a professor of pathology at the University of Pittsburgh Medical Center, claims that transmission of disease from donor to recipient occurs less than one percent of the time. This means that with the more than 28,000 transplants nationwide per year, there are fewer than 280 instances where disease is transferred from donor to recipient.

There are minimum procurement standards that outline the appropriate medical tests and examinations before an organ is accepted for transplantation. However, the nature of the standards leave wide discretion to over 50 organ procurement groups that assess organs used for transplantation. Another problem is that these assessments are made with the clock ticking, in order to ensure that they reach the recipient in as little time as possible and to prevent the organs from perishing. This could result in organs being rushed through tests and examinations, or organs skipping tests and examinations, which could result in further injury to patients that are already in dire straits. Transplant surgeons also have the discretion to reject and organ, which is a decision that is sometimes made when there is limited information about a donor.

The United Network for Organ Sharing reports that malignant cancer was the cause in 14.5 percent of kidney recipients five to ten years after the transplant operation.

CAT Scans Lead To Radiation Exposure

A computed tomography scan ("CT scan" or "CAT scan"), which is a procedure that takes no more than a few minutes, is a medical imaging method that is used to create three-dimensional x-ray images. CT scanning has a number of benefits over traditional medical radiography. For example, CT scanning eliminates superimposed structures outside the area of interest and tissues that differ in physical density can be more easily identified. The most crucial part of the scan is usually completed in under a minute, but prolonged scanning could result in a number of severe health risks due to high radiation exposure.

A typical dose of radiation for a CT scan that includes the head and chest would result in exposure to 7.3 mSv (millisievert) of radiation. For comparison, the average survivor of the Hiroshima and Nagasaki bombings were exposed to 40 mSv of radiation, and the average radiation exposure from natural sources to an individual within the United States is about 3 mSv. Additionally, the effects of low doses of radiation-less than 100 mSv-are observed on a cellular level and may not be detected for up to twenty years after exposure.

According to the United States Nuclear Regulatory Commission, the exposure to radiation can have three effects: 1) cells are injured or damaged and then later repair themselves, resulting in no enduring damage; 2) cells could be killed, which happens on a large scale every day; or 3) cells incorrectly repair themselves, which results in a biophysical change.

Genetic effects and the development of cancer are the primary adverse effects attributed to radiation exposure. Cancer is five times more likely to occur after radiation exposure than a genetic effect.

With CT scanning technology on the rise, the likelihood for public exposure to harmful levels of radiation increases. Traditionally, it was a physician's decision whether or not to scan a patient; but today, an individual may undergo a scan of their entire body without consulting a primary care physician.

There exists a lack of awareness of the risks of radiation exposure. Patients who undergo CT scanning, as opposed to other imaging techniques, are exposed to higher levels of radiation. For example, MRI is safer, but more expensive and has limited availability. As CT technology increases, the necessary dose of radiation also increases. Therefore, there is an increase in radiation exposure to the public, as well as its adverse health effects.

Due to the increased public exposure to radiation, there is an increase in controversy regarding a more conservative use of CT scanning. For example, asking the question "Is there a reasonable need for a CT scan in this situation?" might help decrease the detrimental effects of radiation on the public.

Food Dafety: Melamine in baby formula, none in Iowa so far.

Wyeth, an American company manufacturing baby formula, is accused by a Chinese consumer of melamine contamination. Wyeth has tested and denies any contamination with melamine. A consumer surnamed Li has provided a list of 19 Chinese babies who are claimed to have kidney stones.

What are the possibilities with this claim?

1.      There is melamine in the formula and it was introduced during the manufacturing process. This is highly unlikely.

2.      There is melamine in the formula, but it was added after the consumer purchase. The baby’s do have kidney stones but not from melamine in any of Wyeth’s formula. They drank formula manufactured from Sanlu. Wyeth is now being targeted because these parents know they can’t get compensation from the Chinese manufacturer and help in the Chinese Courts.

3.      There are no kidney stones or melamine in the children’s formula.

So what do would we want to see? We want to see the formula for Wyeth to examine it and determine if it was manufactured in their plants. To determine if in fact there is melamine in the formula. And the babies examined by a physician of Wyeth’s choosing. And finally produce the parents for questioning.

The last request would be free speech in China; freedom to criticize the Chinese Communist Party and government officials. Along with an investigation into the officials that looked the other way when melamine was added by Chinese milk producers. Without that America will never believe this claim against Wyeth. It looks more like simple retaliation by the CCP or desperation by the parents who need more than a mere $12,500 US in compensation to care for their sickened babies.

The Chinese government would be wise to closely investigate this claim.

Iowa State University develops new food poisoning test for salmonella

A new Salmonella detection test developed at Iowa State University can shorten the time to detect salmonella. Using a tape like paper to pull bacteria from the food source, then a soapy, salty water mixture is applied to the tape and in two hours an ultraviolet light source will cause the salmonella will give off a green-fluorescent glow.

It’s inexpensive, quick and easy.

Researcher Byron Brehm-Stecher and Bleda Bisha developed the test through the college of Food Science and Nutrition. For more information contact contact Byron Brehm-Stecher, Food Science and Human Nutrition, (515) 294-6469, byron@iastate.edu or Dan Kuester, News Service, (515) 294-0704, kuester@iastate.edu.

Brehm-Stecher's and Bisha's findings will be published in the journal Applied and Environmental Microbiology, published by the American Society of Microbiology.

Once at a location where an outbreak of salmonella has occurred, investigators can test the produce for contamination. Outbreaks can be due to other factors such as food preparation.

Once investigators find the origin of the salmonella, they can take steps to contain it, said Brehm-Stecher.

Salmonella can be found on produce such as tomatoes, cilantro, peppers, spinach and others. The produce can be contaminated while it is in the fields or during processing. Washing the produce thoroughly can help, but cannot ensure the produce will be safe.

The tape-FISH technique can also be used to test produce that is not suspected of being contaminated, but the volume of produce that would need to be tested may make this impractical. However, the technique could be very valuable as a basic research tool. Researchers could investigate how salmonella and other types of organisms interact on produce surfaces, said Brehm-Stecher.

This is the first application of tape-FISH to salmonella, but the idea came to the ISU researcher while reading about art restoration.

In 2008, Brehm-Stecher read about an Italian group that was using a similar approach to look for bacteria on ancient catacombs. Those researchers were hoping to identify and remove bacteria that were slowly eating away at the relics.

Cosmetic injections with industrial silicone leads 2 women to suffer total kidney failure

In what can only be described as practicing medicine without a license two Tampa, Florida area women were injected with what is believed industrial silicone by a “fake doctor”.  One suffered total kidney failure and the other multiple organ failure. According to friends of the women the two were looking to enhance the size and shape of their buttocks for something resembling Jennifer Lopez.

This is incredibly naïve, or so it seems. One is reported to have received 40 shots in a 90—minute period, the other 20 shots. Police report the substance was described to the women as ‘Hydrogel’. The patients’ names are Andrea Lee, 30 and Zakiya Teagle, 33. The person conducting the injections goes by the name Shardonda Lindsay, 32.

According to police, Shardonda Lindsay, who has no medical licence or cosmetic surgery  experience, performed the 'butt shots' at her home last month. A search using the Iowa Board of Medicine “Find a Physician” found no doctor by the name Shardonda Lindsay. A general Google search was unable to locate any information online using that name.

“Ms Lee and Ms Teagle paid more than £300 to have a series of silicone injections that they hoped would enhance the shape and size of their bottoms.”

The European Journal of Plastic Surgery, Volume 28, Number 7/ February, 2006 reports adverse reactions following injection with a permanent facial filler polyacrylamide hydrogel (Aquamid).

Abstract - Background  Polyacrylamide hydrogel (Aquamid), an atoxic non-immunogenic gel of the non-resorbable type, has gained widespread popularity as an injectable filler for facial augmentation. However, adverse events (AEs) have occurred, the nature of which seems obscure because of negative findings on culture and a pattern of foreign-body response on microscopy.

Similar findings are reported in Dermatologic Surgery, Volume 33, Issue s2, pages S199 – S206, Dec. 2007. There is a discussion of unfavorable findings following breast augmentation using injected polyacrylamide hydrogel in the Journal of the American Society of Plastic Surgeons, Plastic & Reconstructive Surgery. 114(7):1967-1968, December 2004. Lee, Choong Jae M.D.; Kim, Sun Gu M.D.; Kim, Lucia M.D.; Choi, Matthew Seung Suk M.D.; Lee, Se Il M.D.

On the other side of the aisle is this article published in Journal Watch Dermatology, October 25, 2005. Polyacrylamide Hydrogel Soft-Tissue Filler Is Safe and Effective. No permanent soft-tissue filler is currently approved for soft-tissue defect correction in the U.S., although Artefil is in the FDA approval process. George J. Hruza, MD Published in Journal Watch Dermatology October 25, 2005 Covering Plast Reconstr Surg 2005 Sep 15

I was not able to locate any news releases on the U.S. FDA site.

China banned polyacrylamide hydrogel in breast augmentation.

“From 2002 through November 2005, the SFDA claims to have received 183 reports of adverse effects from the use of polyacrylamide hydrogel implants. Of those, 161 involved breast-implant patients who suffered infections, deformation, and hardening.

As a result of the reports, the SFDA has taken the position that it can no longer vouch for the safety of implants using the substance and thus, the compound will no longer be certified and registered as an approved material.

Polyacrylamide hydrogel will no longer be permitted to be manufactured, sold, or used in China and all existing supplies of the substance and products containing it are to be recalled and destroyed under SFDA supervision. Any failure to comply with the SFDA mandate will result in criminal prosecution according to a government spokesperson. “

 Some reports indicate if done improperly silicone injections can lead to pulmonary problems.

Schmid A, Tzur A, Leshko L, Krieger BP.

University of Miami, School of Medicine and Mount Sinai Medical Center, 4300 Alton Rd, Miami Beach, FL 33140, USA.

Liquid silicone is an inert material that is utilized for cosmetic procedures by physicians as well as illegally by nonmedical personnel. We present a case report and collated clinical findings of 32 other patients who were hospitalized after illegal silicone injections. Symptoms and signs of the "silicone syndrome" included dyspnea, fever, cough, hemoptysis, chest pain, hypoxia, alveolar hemorrhage, and altered consciousness.

Iowa Linn County Sheriff’s Explosives Sniffing Dog Bites Infant

The Linn County Sheriff’s Department owns a dog trained to smell out explosives. The police dog is a 4-year-old Belgian Malinois. After playing fetch in the yard of Deputy Ireland took the dog inside his home where the dog bit Ellie Ireland who is 13 months old. The injured was severe enough to have required airlifting to the University of Iowa Hospitals and Clinics in Iowa City. The incident took place on January 23, 2009 at around 8:15 p.m., the child was not released from the hospital until Sunday, January 25, 2009.

If you’re wondering what type of dog this is, watch the YouTube video clips.

Scent training – Belgian Malinois

Attack training - Belgian Malinois

This type of injury claim might be covered by Linn County's liability insurance policy or Deputy Ireland's homeowner's insurance policy. The question remains to be answered if the citizens of Linn County should be responsible for paying the child's hospital bills and other damages or if the individual officer should. It all depends on county policy and whether the dog should have been there or if Ireland was acting within the scope of his employment.

A little girl with scars on her face normally requires plastic surgery. In the Des Moines area there are several plastic surgeons.

Heartland Plastic Surgery with Dr. Cherney is located on 10611 Hickman Rd, Des Moines, Iowa 50322 who has treated our clients well.

The Iowa Clinics also has plastic surgeons of which I'm more familiar with Lester Yen, M.D., F.A.C.S. who has done a good job for some of our clients.  You can contact the Iowa Clinic at 5950 University Avenue, Suite 120, West Des Moines, Iowa 50266, (515) 875-9744.

This is how you prove food poisoning, a/k/a Salmonella

As lawyers we see the worse case scenarios. I’ve watched the wreckage for more years than I’d like to admit to. Not counting the clinic work in law school this is my 28th year of practicing personal injury, workers’ compensation, malpractice and other kinds of civil trial work having to do with all types of personal injury. Being a trial lawyer is a little like being an educator. You have to be able to teach people about what will be necessary to prove a case. Most cases take at least two years or more from the date of the accident before they will be settled or heard in court. What I’d like you to know about today is that thing called proof. Evidence is what proves a case. Evidence is what either proves or fails to prove food poisoning. Without the necessary proof you can be sick as a dog but the Courts will not find in your favor nor will you be able to recover for the damages or injuries you’ve suffered. Without proof of what you ate and who manufactured it, processed it or prepared it you’ve got no case.

Lately there is much angst concerning food poisoning from peanut butter. So what should you do in the case of suspecting food poisoning?

The symptoms of food poisoning have been covered in other posts. If you’re in need of knowing the symptoms look at the InjuryBoard National News Desk, Food Poisoning, why me? By Megan Roth,  E. Coli from Michigan,  Food Poisoning: Get over it (Literally) again by Megan Roth and Jalapeño Peppers Suspected in Salmonella Poisoning Outbreak by Chrissie Cole and the IB National News Desk. There are others just conduct a search on the InjuryBoard main page. 

If you have the symptoms of food poisoning you first need to obtain proper medical care. The doctor will need to diagnose food poisoning by a blood and stool test. Those tests are very important later to proving a case. Without blood and stool test that show the presence of Salmonella it is only your testimony describing symptoms; and that won’t be enough to carry the case of liability.

Also, you will need to retain possession of the product and product container. Let’s say its peanut butter crackers that you ate. When you suspect food poisoning retrieve the peanut butter cracker packaging from the garbage can and place it in a plastic bag. If you haven’t completely eaten the entire contents, there are a few crackers remaining, save them in a plastic bag. If the food you ate came in a can; save the can and the label. Whatever the packing is save it. The lot numbers and other identifying numbers on the can or package are very important to proving what company manufactured, processed or packaged the food product.

Now let’s go back to the doctor’s office. Let’s say the doctor isn’t inclined to order a blood or stool sample test. Then ask him to order one. And ask for a copy of the results, even if you have to make a special trip to the doctor’s office to pick up the results.

“How is salmonellosis diagnosed?

Salmonellosis is diagnosed based on a medical history and physical exam. Your health professional will ask you questions about your symptoms, foods you have recently eaten, and your work and home environments. A stool culture and blood tests may be done to confirm the diagnosis.”

Many injured people having been exposed to media criticism of people that file lawsuits have a sense of embarrassment about possibly having to deal with proving a claim. Don’t be stupid and not do what they hope.  The criticism is meant to stop as many people as possible from doing what is necessary to prove a claim. If you can’t prove your claim it’s no ones fault but your own. Proving salmonella is the poison is what the law requires you to do. So get over it and save the proof, even if you’re not entirely sure. And get proper medical attention along with the right tests, quickly.  Remember, blood and stool sample tests for Salmonella.

Know your rights, act promptly and protect yourself and your family.

The look of Salmonella

http://www.youtube.com/watch?v=85pss4H6xUg

What does E. Coli look like?

http://www.youtube.com/watch?v=BWVHGviSiMs

Deaths at Iowa's Glenwood, A Home For Disabled Lead To Lawsuit

Under a court order since November of 2004, the Glenwood Resource Center of Glenwood, Iowa, a state-run home for the disabled, has experienced one death per month for the last thirteen months. Ironically, they quote Aristotle for their “quality quote,” which reads, “We are what we repeatedly do. Excellence, then, is not an act but a habit.”

 

For those who are unfamiliar with the recent articles written by the Des Moines Register’s Clark Kauffman, the facts of this tragic series of incidents are these:

 

· Glenwood Resource Center has been operating under a court order, enforced by the United States Justice Department since November of 2004. Glenwood was given three years—until October of 2007—to comply with minimum standards of care. Glenwood was given another year to comply with the court order when deadline was extended to October of 2008. The October 2008 deadline passed with no action against Glenwood.

· Unable to complete many of the duties listen in their job descriptions because they were not licensed within the State of Iowa, the two previous medical directors had either no experience in running a medical center or had a lot of experience in filing lawsuits and providing questionable care.

· Over the past 14 months, Glenwood has employed nine unlicensed psychologists who answered to yet another unlicensed employee, the psychology administrator, for a total of 11 unlicensed staff members. However, none of the nine psychologists can be reprimanded because Iowa law only requires private, for-profit psychologists to comply with state licensing requirements.

· A lawsuit was filed by Georgette Alexander of Oskaloosa after her son, a Glenwood resident, died when he was not properly monitored following a choking incident.

· Iowa Governor, Chet Culver, who refused to make public a multitude of e-mails among his staff relating to the death of the Glenwood resident, now claims to be concerned and expects changes to be made.

 

This series of unfortunate events raises eyebrows as well as questions. Why are both Governor Culver and the U.S. Department of Justice allowing the extension of deadlines? Within forty-eight hours of the October 2007 deadline another Glenwood resident died due to inadequate nursing care. Additionally, why has there been no adverse action taken against Glenwood for failing to meet the October 2008 deadline? Why would Glenwood follow any deadline, when it is apparent that there are no repercussions when they are failed to be met?

 

Another issue, which leads to problems at Glenwood Resource Center, is the fact that Section 154B.3(3) of the Code of Iowa requires only private, for-profit psychologists to obtain a license within the state of Iowa in order to practice.

 

In another recent article by the Des Moines Register, Governor Culver claimed that the Glenwood center is making progress in implementing the 2004 court order. One would certainly hope so; the 315 residents at Glenwood have been waiting four years.

Patient Safety: Transplanted organs could be diseased

According to the United States Department of Health and Human Services, in the year 2006 there were a total of 98,263 patients listed on the organ donation waitlist within the United States, but only 14,756 organ donors. To make the situation even bleaker, there are a small number of organ recipients who receive more than just their desperately needed organ; they also receive life-threatening disease.

 

Within the United States, there are significantly more patients waiting for organ donation than there are organ donors. High demand causes organ procurement groups, such as the Indiana Organ Procurement Organization, to race against time in order to determine which organs are safe. However, due to increased demand, the desperate need for organs, and time restraints corner-cutting has also increased, which leads to increased instances of failure within the organ-sharing network.

 

Dr. Michael Nalesnik, Vice Chairman of the Disease Transmission Advisory Committee of the United Network for Organ Sharing and a professor of pathology at the University of Pittsburgh Medical Center, claims that transmission of disease from donor to recipient occurs less than one percent of the time. This means that with the more than 28,000 transplants nationwide per year, there are fewer than 280 instances where disease is transferred from donor to recipient.

 

There are minimum procurement standards that outline the appropriate medical tests and examinations before an organ is accepted for transplantation. However, the nature of the standards leave wide discretion to over 50 organ procurement groups that assess organs used for transplantation. Another problem is that these assessments are made with the clock ticking, in order to ensure that they reach the recipient in as little time as possible and to prevent the organs from perishing. This could result in organs being rushed through tests and examinations, or organs skipping tests and examinations, which could result in further injury to patients that are already in dire straits. Transplant surgeons also have the discretion to reject and organ, which is a decision that is sometimes made when there is limited information about a donor.

 

The United Network for Organ Sharing reports that malignant cancer was the cause in 14.5 percent of kidney recipients five to ten years after the transplant operation.

Patient Safety: CT Scans, should we as patients be concerned?

A computed tomography scan (“CT scan” or “CAT scan”), which is a procedure that takes no more than a few minutes, is a medical imaging method that is used to create three-dimensional x-ray images. CT scanning has a number of benefits over traditional medical radiography. For example, CT scanning eliminates superimposed structures outside the area of interest and tissues that differ in physical density can be more easily identified. The most crucial part of the scan is usually completed in under a minute, but prolonged scanning could result in a number of severe health risks due to high radiation exposure.

 

A typical dose of radiation for a CT scan that includes the head and chest would result in exposure to 7.3 mSv (millisievert) of radiation. For comparison, the average survivor of the Hiroshima and Nagasaki bombings were exposed to 40 mSv of radiation, and the average radiation exposure from natural sources to an individual within the United States is about 3 mSv. Additionally, the effects of low doses of radiation—less than 100 mSv—are observed on a cellular level and may not be detected for up to twenty years after exposure.

 

According to the United States Nuclear Regulatory Commission, the exposure to radiation can have three effects: 1) cells are injured or damaged and then later repair themselves, resulting in no enduring damage; 2) cells could be killed, which happens on a large scale every day; or 3) cells incorrectly repair themselves, which results in a biophysical change.

 

Genetic effects and the development of cancer are the primary adverse effects attributed to radiation exposure. Cancer is five times more likely to occur after radiation exposure than a genetic effect.

 

With CT scanning technology on the rise, the likelihood for public exposure to harmful levels of radiation increases. Traditionally, it was a physician’s decision whether or not to scan a patient; but today, an individual may undergo a scan of their entire body without consulting a primary care physician.

 

There exists a lack of awareness of the risks of radiation exposure. Patients who undergo CT scanning, as opposed to other imaging techniques, are exposed to higher levels of radiation. For example, MRI is safer, but more expensive and has limited availability. As CT technology increases, the necessary dose of radiation also increases. Therefore, there is an increase in radiation exposure to the public, as well as its adverse health effects.

 

Due to the increased public exposure to radiation, there is an increase in controversy regarding a more conservative use of CT scanning. For example, asking the question “Is there a reasonable need for a CT scan in this situation?” might help decrease the detrimental effects of radiation on the public.

Food Safety: Melamine accusations are too little too late

Who speaks for the mothers and fathers with infants in renal failure?

Who shouts for justice for those same parents of the children who died from the melamine contamination of babies’ milk?

Which government officials in China will be punished? Charged with crimes? Fired? Forced to resign? Who took bribes?

There is no justice in China.

Tian Wenhua, the former head of Sanlu Dairy, now serving a “life sentence” in prison for the melamine contamination crimes that both killed and permanently maimed infants in China now wants to blame her bosses at Fonterra. She’s pointing to the existence of a document, a document confirmed to exist, but the contents of which are suspect for what she claims it states. Instead of pointing the finger away from China’s mainland, how about pointing the accusatory finger towards mainland China; and especially the CCP officials who must have known of the contamination and chose to look the other way.

Who did Sanlu pay bribes to?

"Tian said during her trial that she made the decision not to halt production of the tainted products because a board member, designated by New Zealand dairy product giant Fonterra that partly owned Sanlu Group, presented her a document saying a maximum of 20mg of melamine was allowed in every kg of milk in the European Union," Xinhua said. "She said she had trusted the document at that time."

Mr Ferrier told the Herald a Fonterra representative had given Tian the document soon after the board was advised of the contamination on August 2.

Melamine in milk as a contaminant has been in the news and banned at least since before May 2007. Complaints about Sanlu’s milk started surfacing in December 2007. Sanlu sold over 800 tons of tainted milk after Sanlu officials clearly knew of the contamination. So pointing to a document that you were provided in August 2008 is disingenuous at best. Its mere subterfuge and an unnecessary distraction, which at this time we don’t need to hear. Those in the dairy industry knew this practice was unacceptable; you just thought you could get away with it.

Chinese Melamine Tainted Milk Scandal: Senior Executive Sentenced - CNN

http://www.youtube.com/watch?v=OSnt6NyONNc

U.S. Company Used Melamine in Feed

Humans Unlikely to Be Harmed

“By Rick Weiss

Washington Post Staff Writer
Thursday, May 31, 2007; Page A03

An Ohio company has long been adding the industrial toxin melamine to animal feed ingredients, and those feeds have been eaten by livestock and fish meant for human consumption, officials with the Food and Drug Administration announced yesterday.

The company used the chemical as a binding agent to hold feed granules in pellet form, in contrast to the recent pet food scandal, which involved imported ingredients that were spiked with melamine to provide a false measure of protein content, officials said.

But as with the pet food scandal, they said, the levels of melamine involved appear to be too low to harm humans who may have eaten animals that consumed the tainted feed.

The company, Tembec BTLSR of Toledo, sold the melamine-laden ingredients to Uniscope of Johnstown, Colo., which used them to make three finished food products -- one for cattle, sheep and goats, and two for fish and shrimp.

The contamination came to the FDA's attention on May 18 after Uniscope officials tested for melamine in the feed components they were buying -- something the FDA has been encouraging food producers to do.

The FDA began an investigation the next working day, officials said, and after about 10 days decided how to proceed.

Officials said that Tembec initiated a formal recall of its products yesterday and that the company has stopped adding the chemical.

It remains unclear why Tembec did not stop using melamine months ago, given the intense publicity generated by the recent pet food scandal, during which officials repeatedly made it clear that melamine is not an approved additive for human or animal food.”

So let us get back to the public trial on this issue, you know the one the Chinese Communist Party is so fearful to allow.

Counselor: My question remains, which government officials did Sanlu pay bribes to?

Tian Wenhua: ____________________ (silence)

Counselor: Your honor I would ask that the witness be instructed to answer.

Judge: The witness is instructed to answer the question.

Tian Wenhua: ___________________ (silence)

Counselor: How many dead infants was an acceptable level of casualties to those involved?

Counselor: How many infants with renal failure was an acceptable number?

Counselor: Do you have any grandchildren Ms. Wenhua? Where did you purchase their infant formula? Did any of them suffer renal failure or death?

Counselor: Your honor the next witnesses will be CCP officials, especially those with infant sons, daughter and grandchildren. You know who you are, your children and grandchildren don’t have renal failure or disease from drinking melamine laced infant formula.

Who speaks for the mothers and fathers with infants in renal failure?

Who shouts for justice for those same parents of the children who died from the melamine contamination of babies’ milk?

Which government officials in China will be punished? Charged with crimes? Fired? Forced to resign? Who took bribes?

There is no justice in China.

Buy Made in American.

Food Safety: Melamine detection test is quick

The chemists at ETH Zurich (Renato Zenobi, Huanwen Chen, and colleagues) have developed a new mass spectrometric analysis method with which polluted milk can be detected reliably within 30 seconds.

Here is what they say about the test’s advantages over what currently is done to test for melamine.

”Explaining the advantages, Zenobi says, “Using ultrasound-assisted EESI-MS, we can analyse milk directly without any sample preparation steps. The method is fast and very accurate, and needs no more than one drop of milk.” Previously, an analysis required between twenty and sixty minutes to determine the concentration of melamine in a milk sample using standard methods. Zenobi’s group can do it in just 30 seconds. The current publication describes the analysis of milk, milk powder and wheat gluten, but, according to Zenobi, EESI-MS can, in principle, be used to determine the level of melamine in any foodstuff. The detection limit is 500 ppb (parts per billion) – which is five times less than the limit value allowed in foods in the USA and EU.”

 See Chemical Communications by R. Graham Cooks from Purdue University for another method of testing.

”Portable EESI-MS for on-site analyses

A comparable analysis method for melamine was published in the same issue of “Chemical Communications” by one of Zenobi’s colleagues - R. Graham Cooks from Purdue University, USA. However, Cooks atomises and ionises his milk sample by bombarding it with a charged gas (low-temperature plasma; LTP). Zenobi is happy to say that, “Both methods are accurate, fast and robust. Our results are practically identical; the fact that they now appear in the same journal is an amusing coincidence. I really knew nothing of Graham’s melamine project until a short time ago.” At present, the chemist is unwilling to speculate as to whether one of the methods will ultimately become established, and if so, which one. In principle, both methods can be used by any laboratory equipped with an electrospray MS without significant additional expense. Nevertheless, Zenobi is not overly confident that the methods will gain immediate acceptance in foodstuffs testing laboratories: “Established methods usually persist for a very long time – it is hard for innovations to gain a foothold.”

His group is currently working to develop the method further for use in the field. The scientists have in mind a portable instrument that could be used to measure the melamine content directly when the milk is being processed, for example during bottling. Explaining the essential advantage of such an analysis instrument, Zenobi says, “The shorter analysis time is one thing, but the majority of the time - and therefore money - is lost during all the logistics connected with taking the sample.” He is still to receive a direct enquiry from China regarding application of the technology. However, easy-to-handle analysis instruments based on EESI-MS technology might one day contribute to preventing a food scandal such as the one in China at an early stage.”

 References

Zhu L, Gamez G, Chen H, Chingin K, Zenobi R. Rapid detection of melamine in untreated milk and wheat gluten by ultrasound-assisted extractive electrospray ionization mass spectrometry (EESI-MS). Chem. Commun. 2009; Advanced online publication doi:10.1039/b818541g
Huang G, Ouyang Z, Cooks RG.High-throughput trace melamine analysis in complex mixtures. Chem. Commun. doi:10.1039/b818059h

 

Food Safety: Melamine sentencing verdicts does not add up to justice

Who speaks for the mothers and fathers with infants in renal failure?

Who shouts for justice for those same parents of the children who died from the melamine contamination of babies’ milk?

Which government officials in China will be punished? Charged with crimes? Fired? Forced to resign? Who took bribes?

There is no justice in China.

 Tian Wenhua, the former head of Sanlu Dairy, now serving a “life sentence” in prison for the melamine contamination crimes that both killed and permanently maimed infants in China now wants to blame her bosses at Fonterra. She’s pointing to the existence of a document, a document confirmed to exist, but the contents of which are suspect for what she claims it states. Instead of pointing the finger away from China’s mainland, how about pointing the accusatory finger towards mainland China; and especially the CCP officials who must have known of the contamination and chose to look the other way.

Who did Sanlu pay bribes to?

"Tian said during her trial that she made the decision not to halt production of the tainted products because a board member, designated by New Zealand dairy product giant Fonterra that partly owned Sanlu Group, presented her a document saying a maximum of 20mg of melamine was allowed in every kg of milk in the European Union," Xinhua said. "She said she had trusted the document at that time."

Mr Ferrier told the Herald a Fonterra representative had given Tian the document soon after the board was advised of the contamination on August 2.

Melamine in milk as a contaminant has been in the news and banned at least since before May 2007. Complaints about Sanlu’s milk started surfacing in December 2007. Sanlu sold over 800 tons of tainted milk after Sanlu officials clearly knew of the contamination. So pointing to a document that you were provided in August 2008 is disingenuous at best. Its mere subterfuge and an unnecessary distraction, which at this time we don’t need to hear. Those in the dairy industry knew this practice was unacceptable; you just thought you could get away with it.

Chinese Melamine Tainted Milk Scandal: Senior Executive Sentenced - CNN

U.S. Company Used Melamine in Feed

Humans Unlikely to Be Harmed

“By Rick Weiss

Washington Post Staff Writer
Thursday, May 31, 2007; Page A03

An Ohio company has long been adding the industrial toxin melamine to animal feed ingredients, and those feeds have been eaten by livestock and fish meant for human consumption, officials with the Food and Drug Administration announced yesterday.

The company used the chemical as a binding agent to hold feed granules in pellet form, in contrast to the recent pet food scandal, which involved imported ingredients that were spiked with melamine to provide a false measure of protein content, officials said.

But as with the pet food scandal, they said, the levels of melamine involved appear to be too low to harm humans who may have eaten animals that consumed the tainted feed.

The company, Tembec BTLSR of Toledo, sold the melamine-laden ingredients to Uniscope of Johnstown, Colo., which used them to make three finished food products -- one for cattle, sheep and goats, and two for fish and shrimp.

The contamination came to the FDA's attention on May 18 after Uniscope officials tested for melamine in the feed components they were buying -- something the FDA has been encouraging food producers to do.

The FDA began an investigation the next working day, officials said, and after about 10 days decided how to proceed.

Officials said that Tembec initiated a formal recall of its products yesterday and that the company has stopped adding the chemical.

It remains unclear why Tembec did not stop using melamine months ago, given the intense publicity generated by the recent pet food scandal, during which officials repeatedly made it clear that melamine is not an approved additive for human or animal food.”

So let us get back to the public trial on this issue, you know the one the Chinese Communist Party is so fearful to allow.

Counselor: My question remains, which government officials did Sanlu pay bribes to?

Tian Wenhua: ____________________ (silence)

Counselor: Your honor I would ask that the witness be instructed to answer.

Judge: The witness is instructed to answer the question.

Tian Wenhua: ___________________ (silence)

Counselor: How many dead infants was an acceptable level of casualties to those involved?

Counselor: How many infants with renal failure was an acceptable number?

Counselor: Do you have any grandchildren Ms. Wenhua? Where did you purchase their infant formula? Did any of them suffer renal failure or death?

Counselor: Your honor the next witnesses will be CCP officials, especially those with infant sons, daughter and grandchildren. You know who you are, your children and grandchildren don’t have renal failure or disease from drinking melamine laced infant formula.

Who speaks for the mothers and fathers with infants in renal failure?

Who shouts for justice for those same parents of the children who died from the melamine contamination of babies’ milk?

Which government officials in China will be punished? Charged with crimes? Fired? Forced to resign? Who took bribes?

There is no justice in China.

Iowa Food Safety: 3rd Minnesotan dies, peanut butter food poison

The Salmonella food poisoning crisis in peanut butter may have caused a third nursing home resident death in the Brainerd area. The products have been linked to some degree from a Peanut Corp. of America plant in Georgia, as the suspected source of contamination.  As some of you know I’ve been on  a mountain in South America and have missed a lot of this news; Barbara seems to know more about it than I do; but with her father in a nursing home I’d take no chances with eating anything that has peanut butter as an ingredient.

And that is my point, food poisoning knows no distinctions; it isn’t like it announces which sources of food stuffs it is included. My concerns, and for many others with elderly parents, why take a chance. My position is pretty simple; I’d protect the elderly before worrying about some company’s financial statement; and, until the source of bacteria is clearly identified and under control, warn your elderly parents and grandparents to stay away from peanut butter products.

Here is what the FDA has on its site about the peanut butter salmonella outbreak.

January 23, 2009:  A combination of epidemiological analysis and laboratory testing by state officials in Minnesota and Connecticut, the Food and Drug Administration (FDA), and the Centers for Disease Control and Prevention (CDC) have enabled FDA to confirm that the sources of the outbreak of illnesses caused by Salmonella Typhimurium are peanut butter and peanut paste produced by the Peanut Corporation of America (PCA) at its Blakely, Georgia processing plant.

Peanut butter is sold by PCA in bulk containers ranging in size from five (5) to 1,700 pounds.  The peanut paste is sold in sizes ranging from 35-pound containers to product sold by the tanker container.  Neither of these products is sold directly to consumers. 

However, through its investigation, FDA has determined that PCA distributed potentially contaminated product to more than 70 consignee firms, for use as an ingredient in hundreds of different products, such as cookies, crackers, cereal, candy and ice cream.  Companies all over the country that received product from PCA have issued voluntary recalls of their products.  FDA has created a searchable database for these products, which can be found at http://www.accessdata.fda.gov/scripts/peanutbutterrecall/index.cfm, Identification of products subject to recall is continuing and this list is updated frequently.

Product recalls now include some pet food products that contain peanut paste that was made by PCA. While the risk of animals contracting salmonellosis is minimal, there is risk to humans from handling these products. It is important for people to wash their hands--and make sure children wash their hands--before and, especially, after feeding treats to pets. Further information for consumers is located in the Frequently Asked Questions section located on this web site. The pet food products are also included in the searchable data base of recalled products.

Major national brands of jarred peanut butter found in grocery stores are not affected by the PCA recall. 

FDA and CDC recommendations for consumers include:

                               Do not eat products that have been recalled and throw them away in a manner that prevents others from eating them.

                               To determine if commercially-prepared or manufactured peanut butter/peanut paste-containing products (such as cookies, crackers, cereal, candy and ice cream) are subject to recall, consumers are urged first to visit FDA’s website and check the searchable database of recalled products.

                               For information on products containing peanut butter from companies not reporting recalls, consumers may wish to consult the company’s website or call the toll-free number listed on most packaging.  Information consumers may receive from the companies has not been verified by the FDA.

                               If consumers cannot determine if their peanut butter, peanut butter/peanut paste-containing products or institutionally-served peanut butter contains PCA peanut butter/peanut paste, FDA recommends that they do not consume those products.

                               Persons who think they may have become ill from eating peanut butter are advised to consult their health care providers.

For Retailers

                               Stop selling recalled products.

For Directors of Institutions and Food Service Establishments          

                               Ensure that they are not serving recalled products.

For Manufacturers

                               Inform consumers about whether their products could contain peanut butter or peanut paste from Peanut Corporation of America (PCA).  If a manufacturer knows their products do not contain peanut butter or peanut paste from PCA, they should inform consumers of that. For specific guidance: Guidance for Industry: Product Recalls, Including Removals and Corrections

The FDA will closely monitor these events by continuing to work with the firms on the details of their actions, conducting follow-up audits and inspections, monitoring the progress of the firms’ actions, working with state and local regulatory authorities, and notifying our foreign regulatory counterparts of products that have now been confirmed as having been distributed internationally.

Ongoing Investigation

FDA has collaborated with the Centers for Disease Control and Prevention (CDC) and public health officials in various states to investigate the multi-state outbreak of human infections due to Salmonella Typhimurium.  An epidemiological investigation by the Minnesota Department of Health isolated and tested subsamples from an open five-pound container of King Nut peanut butter obtained at a nursing home where three patients were sickened by the outbreak strain of Salmonella Typhimurium. The Minnesota Health officials found the peanut butter contained the same strain of Salmonella Typhimurium associated with the illnesses linked to the outbreak. 

Because it is always possible that the open container was contaminated by someone or something else in the environment, the FDA and the states began testing unopened containers of the same brand of peanut butter.  King Nut distributes peanut butter manufactured by the PCA to institutional facilities, food service industries, and private label food companies in several states. 

On January 19, 2009, testing by the Connecticut Department of Health of an unopened container of King Nut peanut butter showed that it too contained the same strain of Salmonella Typhimurium associated with illnesses linked to the outbreak. The fact that the Salmonella Typhimurium was confirmed in an unopened container of peanut butter indicates that peanut butter originating from the processing plant was contaminated.

FDA has initiated inspections at the direct consignees of PCA and King Nut and continues to follow the distribution points for products.

The FDA has no evidence to suggest that the Salmonella Typhimurium contamination originated with any other major manufacturing facility other than PCA. The PCA facility in Blakely, Georgia is not operating at this time and the company has recalled peanut butter and peanut paste produced from July 1, 2008 to the present. 

The FDA and food manufacturers are working to identify products that may be affected, and to track the ingredient supply chain of those products to facilitate their removal from the marketplace.

For the latest information on the outbreak and the epidemiological investigation, including number of illnesses and a list of states reporting illnesses, go to the CDC web page at http://www.cdc.gov/salmonella/typhimurium/ .

                               Search Combined List of Recalled Products (Browse by food brand or do a search)

News Updates

                               Update on FDA's Investigation (January 19)

                               FDA/CDC Joint Media Teleconference (January 21)

                               Update on FDA's Investigation (January 18)

                               FDA/CDC Joint Media Teleconference (January 17)

                               FDA/CDC Joint Media Teleconference (January 16)

                               Update on FDA's Investigation (January 17)

                               Update on FDA's Investigation (January 16)

                               Update on FDA's Investigation (January 12)

List of Company Recalls

Food Poisoning: Melammine contamination, 60 people arrested

They contaminated an untold amount of baby formula. Enough baby formula to kill at least seven infants and sicken over 300,000 more. Thousands of children suffer from kidney stones and renal failure.  But only sixty people have been arrested or charged with crimes. And there is no indication if government officials are included in that group of individuals that are charged. And why not? Is the CCP protecting it's own at the expense of its people and the economy?

BEIJING (AP) — The Ministry of Public Security says police arrested 60 people last year in relation to China's tainted milk scandal.

The ministry's website said Friday 21 of those suspects have been prosecuted in Hebei province, home of Sanlu Group Co., the dairy at the heart of the scandal.

Previously authorities announced 42 arrests.

A total of only sixty people in China have been arrested concerning the melamine contamination of baby formula.

Melamine Found in Infant Formula