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Seattlepi.com has an interesting story about how well we can expect our federal agencies to ensure that the food that makes it to our tables is safe to eat. The focus of the story is but naturally, the salmonella food poisoning crisis that has engulfed the country with 6 deaths connected to the epidemic so far.

The biggest source of concern to American consumers in this latest crisis, the report says is the manner in which the Food and Drug Administration dragged its feet for more than three months before confirming an outbreak. The latest crisis that has involved the agency’s food safety protocol has had consumer safety advocates, food poisoning lawyers as well as the public, wondering how the FDA which found out weeks ago that the Georgia plant of Peanut Corporation of America was the source of the particular strain of Salmonella found in the contaminated peanut butter, could have waited so long before they even confirmed the source. The FDA continued to mouth the same line – that the peanut butter in question was only sold to restaurants, nursing homes and food companies, but they still have not released a list of all Peanut Corporation of America clients who may have received the contaminated butter. The FDA’s outdated practices mean that manufacturers are rarely forced to recall their products. The agency prefers to rely on voluntary recalls by companies, and in many cases, these are too late to prevent severe illnesses.

More companies meanwhile are queuing up to announce recalls of their products that contain peanut butter. General Mills has recalled 2 varieties of snack bars because butter used in the snacks came from the Peanut Corporation of America. Other companies including Perry’s Ice cream Company, Food Lion Cookie, Hy-Vee Inc, have all removed their products containing peanut butter from store shelves as a precautionary measure because of the fear that these could contain traces of the contaminated butter.

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Eli Lilly & Co. has agreed to a settlement with federal regulators that will include a fine of $615 million to settle criminal lawsuits, and a further $800 million to resolve civil litigation related to injuries caused by its anti psychotic drug Zyprexa.That makes the total fine amount to close to $1.5 billion, said to be the largest criminal fine for an American company. The company will plead guilty to one misdemeanor charge, and will not plead guilty to wrongdoing in any civil case.

The punishment is for the company’s indulgence of off-label use of its Zyprexa medication. Off-label use is the promotion of a drug by a company for purposes other than that for which it has been approved.It’s not prohibited for doctors to prescribe drugs for purposes other than that for which it was specified, but pharmaceutical companies are expressly forbidden from promoting such off label use of the drug.

Zyprexa is an anti psychotic drug that is meant for use by patients who suffer from schizophrenia or bipolar mania, but that didn’t stop Eli Lily from promoting the product as a sleep medication for elderly dementia patients. Between 1999 and 2003, thousands of Eli Lilly representatives were urged to promote use of Zyprexa for use in dementia patients.Documents produced in court have shown that the company greedily pushed Zyprexa to treat a variety of disorders that it was never approved for, including aggression, dementia and dementia related to Alzheimer’s Disease.The company began promoting the medication in assisted living facilities and long term care nursing homes. Effects of the medication like weight gain were already becoming evident, but Eli Lilly’s representatives pooh poohed these, saying these were part of the benefits of taking the medication.Representatives were urged to market the drug for symptomatic treatment, even in cases where the drug had not been approved. Incidences of patients dying from heart attacks and infections after using the drug began to surface, and finally in 2006, the FDA ordered the company to have strong warning labels that cautioned patients of the drug’s risk for elderly patients. Since then, the company has paid out $1.2 billion in settlement of at least 32,000 injury claims that were brought against it.This new settlement is in addition to the previous one.

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The National Safety Council is calling for a ban on all kinds of cell phone usage behind the wheel to prevent traffic accidents, but Georgia’s state authorities still don’t seem to have received the message that driving and cell phone use just don’t go well together.

Cell phone use while driving is rampant and clear to see on Atlanta’s streets, where only school bus drivers are banned from using cell phone devices while driving.Now, the National Safety Council has called for a nationwide ban on all cell phone usage behind the wheel, including hand held and hands free devices, to prevent the growing number of accidents that can be traced to drivers distracted using their cell phones.Currently, no state completely bans cell phone usage while driving, but California, New Jersey, New York, Washington, Connecticut and Utah enforce a ban on hand held cell phone usage. National Safety Council president Janet Froetscher isn’t impressed with such measures – she says that the issue isn’t whether your hands are free to drive, but that your head is engaged in the conversation you’re having on the cell pone. That is what causes accidents, and not the actual act of holding the phone.

Georgia lags behind most states in the kind of cell phone driving legislation it has in place.Representative Matt Ramsey (R-Peachtree City) is currently working on plans for legislation that will ban cell phone use for drivers under the age of 18.According to Rep Ramsey, the under-18 age group is the most vulnerable because they are still learning the ropes of correct behavior behind the wheel, and also because distractions are a major cause for accidents involving teens. Violators would receive a first time fine of $175 and a $500 fine for additional offenses.

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Governor Sonny Purdue is at it again – he has proposed legislation aimed at reducing the number of "frivolous" lawsuits," including measures that are clearly aimed at making it harder for plaintiffs to initiate civil litigation against companies.Purdue’s proposals, which he unveiled at a breakfast meeting of the Georgia Chamber of Commerce, will mean that plaintiffs have to pay the legal fees of the defendant, in case the lawsuit is dismissed at the earliest stages.Even more disturbing, the legislation will virtually grant immunity to biotechnology companies who have a "significant presence" in the state.That’s political speak for giving big name pharmaceutical companies carte blanche, without the drag of accountability to the consumer. Under the proposed laws, a citizen of Georgia cannot sue a company for a defective or dangerous medical device or drug that has received approval of the FDA.

Purdue’s proposals, not surprisingly were cheered by the 2500 members of the Chamber at the meeting.The initiatives, the Governor believes, will make the state "even more attractive" to biotechnology companies.The last time Georgia attempted to introduce tort reform in medical malpractice, the resulting storm was intense.That move resulted in senate Bill 3, which severely limits the amount of compensation thata patient who has been injured due to the fault of doctors, or hospitals to $350,000 even in the event of death of the patient due to negligence.Many of the provisions of the Georgia Tort Reform Act of 2005 have been removed as violations of a citizen’s constitutional rights.That doesn’t seem to have deterred Purdue, who this time around, intends to protect the pharmaceutical industry. Needless to say, the Georgia Trial Lawyers Association has already voiced strong opposition to any such new legislation.

As we’ve seen last week in Minnesota, where a judge has thrown out dozens of lawsuits relating to the Medtronic defibrillator leads, device or drug approval from the FDA cannot and shouldn’t be allowed to come in the way of a person’s right to sue if these approved devices result in injuries.The Sprint Fidelis leads were approved by the FDA, and yet, have caused several deaths and heart injuries, because of fractures or broken wires that caused the defibrillator to malfunction.Now, dozens of injured patients or families of those who died have had their lawsuits dismissed, and their hopes for justice becoming bleaker because of the pre emption doctrine.

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According to the Department of Public Health, five cases of the salmonella food poisoning that have been reported across the country have been found in Georgia.A few days ago, the Centers for Disease Prevention and Control announced an outbreak of salmonella poisoning in 42 states.The outbreak apparently occurred between October to December, and has sickened close to 400 people.One elderly woman who died during the period had been infected at the time of her death, but it hasn’t been confirmed if she died because of the poisoning.

Now, fresh reports confirm that a brand of peanut butter has been traced as the source of the contamination. Batches of King Nut and Parnell’s Pride peanut butter that were distributed by King Nut Cos, and supplied to schools, nursing homes and restaurants, have been recalled.The batches were only sold to institutions, and were not available directly to the public.The company apparently only distributed the product which is manufactured by Peanut Corporation of America.The link was traced when tests conducted by the Minnesota Department of Agriculture and Health on the peanut butter batches revealed a match with the strain of salmonella Typhirium type that has been responsible for the outbreak.

Symptoms of salmonella poisoning include abdominal cramps, fever and diarrhea. In cases of serious infection, hospitalization may be required. The symptoms are particularly acute in the case of children, elderly or those who have weakened immune systems.In serious cases, the infection may spread to other parts of the body, and death can result.

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Dog in DeKalb County Attack Quarantined

The dog that attacked and bit an adult male and two children in a house in Lithonia, DeKalb County continues to be quarantined, while the victims have threatened legal action unless the pit bull is put to sleep.

Maurice Jones has had to undergo treatment at the hospital for wounds sustained in the attack that occurred when the pit bull came chasing after two children, and into the yard of the house he was in.The dog apparently belonged to a neighbor, and although there has been no confirmation yet, it seems to have escaped through a broken down fence that separated the two houses.The two children who were also attacked, including a three-year-old child, sustained serious injuries, including head injuries.

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More than two weeks after the construction accident at the Atlanta Botanical Garden that killed one worker and injured 18 others, the last worker who was still receiving treatment for his injuries, has been discharged from the hospital.

That means all of the workers who were injured are now back at home, many still facing the prospect of extensive physical rehabilitative therapy to regain their strength. Since the collapse of the pedestrian walkway at the Garden on December 19, doctors have treated workers with injuries ranging from fractures, to spinal and brain injuries.Fortunately, there have been no spinal cord injuries that resulted in paralysis. At The Shepherd Center, where doctors treated at least half a dozen victims of the collapse, all the workers were able to walk out of the facility. Fortunately, there have been no spinal cord injuries that resulted in paralysis.

The accident occurred when workers were pouring concrete on the walkway, billed as the only one of its kind in the country. The bridge suddenly collapsed, toppling all workers standing on the bridge, more than 40 feet to the ground below. One worker, Angel Chupin was confirmed dead in the initial minutes after the accident.The collapse has raised questions about the stability of the under-construction pedestrian bridge, and the kind of priority given to the security of workers who were on the bridge. In the days after the accident, we have also learned that Hardin Construction, the company that was overseeing construction work at the walkway, has had a worker die in an accident in 2001, when his head became trapped between a ceiling and platform at a construction site. The concrete company that was overseeing the pouring of the concrete on the walkway has also had a worker death in the past due to a truck malfunction. The Occupational Safety and Health Administration is conducting investigations into the accident at the Garden, but it will be months before we find out the level of negligence that may have caused the structure to collapse the way it did.

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The United States Supreme Court heard oral argument in November in a case called Wyeth vs. Levine.The case comes out of a Vermont Supreme Court decision.Diane Levine was a musician who suffered from migraine headaches.A physician’s assistant administered the drug Phenergan during a “push-IV” injection.The PA accidentally injected the drug into Levine’s artery instead of a vein.This caused tissue necrosis, gangrene, and the eventual amputation of her hand and forearm.

The drug Phenergan, manufactured by Wyeth, had a warning label that warned of this risk if the drug was injected into an artery.The Federal Drug Administration (FDA) had approved the label.Levine warned that the label did not warn of the risks associated with hitting an artery during a push-IV. A Vermont jury awarded Levine $6.8 million against Wyeth.Wyeth argued that the approval by the FDA constituted pre-emption by federal law of state law tort claims.The Vermont appellate courts upheld the verdict, and Wyeth appealed at the federal level.

The United States Supreme Court is now considering whether federal law supersedes state law in drug labeling cases.Currently, state law could supercede federal requirements if new information became available about the drug or the FDA failed to disclose certain risks. In this case, however, Wyeth knew of the risk of harm and did in fact warn of the risk.The risk of harm caused by injecting into an artery is a 1 in 20 million chance of a gangrene adverse reaction. Levine argues the warning should have been stronger, specifically that the push-IV method increased the risk of hitting an artery.

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Reckless driving is the number one killer of teens and young adults.The Ad Council and a coalition of State Attorney Generals and consumer protection agencies have started a campaign against reckless driving. The UR the Spokesperson campaign is aimed at empowering young adults to speak up when they don’t feel safe in a car.

The goal of the campaign is to decrease reckless driving among teens and young adults; let teens know they are a spokesperson against reckless driving; empower teens to speak up when they are in a car and don’t feel safe; increase awareness of the dangers of reckless driving; and educate teens on safe driving.

However, whether an education campaign can successfully combat reckless driving in this age group is open for debate. A recent USA Today article outlined new research in adolescent brain research.The study revealed that adolescent brains are not yet capable of avoiding risky behaviors.

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A state audit recently revealed that the Georgia DOT (DOT) has a $456 million dollar budget shortfall. The Georgia Constitution does not allow a state agency to run a deficit.Thus, the State Board of Transportation has had scramble to cut funding for road projects in 2010.

The DOT is governed by a 13-member State Board of Transportation.The Board decides which public roads will be part of the state highway system, approves long-range construction projects, oversees construction projects and administers lease agreements among other duties.

Audit problems have waylaid the big budget road projects as the DOT faces an $8 billion dollar shortfall over the next six years.If the Georgia Legislature approves the 2010 budget, thirty percent of the state’s main road budget will go for payments on previous road project commitments.Much of the road budget goes to repaving, repairs and maintenance.There will be less money for new construction of highways, safer interchanges, and bridge replacement.

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