Tragically, just 40 minutes can make the difference between a healthy baby and a little girl who will never walk, never talk, never feed herself, never have a boyfriend, never get married…

In this case handled by Elmira medical malpractice attorney Jim Reed, the Labor and Delivery nurses hooked the Mom up to an electronic fetal monitor and then left the Mom unattended for 40+ minutes. Unfortunately, fetal monitors are absolutely no good if no one is there to read the results….

That’s why the standard of care for labor and delivery nurses requires nurses to review the monitor strips for the first 20 minutes that the mother is placed on the monitor. If all is OK after 20 minutes, the Mom can then be left unattended for short periods of time. If the strips are not OK, then the nurse is trained to immediately intervene and summon a doctor if necessary.

In this case, a careful review of the medical records revealed that the mother had been left totally unattended for the first 40+ minutes she was placed on the fetal monitor. As you might have guessed, the monitor strips were bad meaning that the baby was in trouble and needed immediate delivery. The problem is that no one was in the room to hear read the results and respond to the baby’s cries for help. As a result, the necessary C-section to rescue the baby was delayed by more than an hour causing the baby to suffer profound brain damage (Cerebral Palsy). The baby was rushed from the Corning Hospital to the Neonatal Intensive Care Unit at the Arnot Ogden Medical Center in Elmira, but the damage was already done. The baby had a permanent brain injury called Hypoxic Ischemic Encephalopathy (HIE) which means that the baby’s brain was deprived of oxygen at birth. Read the rest…

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You’re being watched.

At least, you are if you have a Facebook account - as only a bazillion or so people do. And I don’t just mean watched by your Facebook “friends.” You could also be offering your life and habits up to people who don’t have your best interests at heart.

Most people don’t realize this, but if you have a Facebook account, the default privacy settings allow people who live in your region to see your page EVEN IF THEY ARE NOT YOUR FRIENDS.

What does this have to do with personal injury law? If you have a personal injury case, you might want to be very careful about what you post to Facebook. Stop and consider - do you want everything you post to be viewable by the insurance company’s legal team?

The Facebook flaw

I was made aware of this Facebook issue by attorney Jason Lee Paris.  A a friend of his who is a defense attorney told him how she had participated in a case where the plaintiff claimed severe mental and physical problems. The plaintiff claimed he: “had no life, cannot do anything, doesn’t go out of the house except to the doctor or to work, is depressed, is physically limited, used to love to dance and play sports and now does neither at all anymore, has not gone outside the state of New York since his accident, etc etc.”

This defense attorney then changed her county of residence on her Facebook profile (Wonder if that was unethical conduct on the part of this lawyer?) so that she could secretly view the plaintiff’s Facebook page without being his “friend” - and lo and behold: There were recent photos of the plaintiff dancing at a wedding in Puerto Rico and playing soccer last summer. He’d also posted lots of information about his activities and feelings. His case was blown by his own Facebook profile.

This plaintiff was dishonest, and as a personal injury attorney I don’t want anything to do with representing dishonest people.   In fact, I tell my clients, I can always deal with the truth but a single lie can kill an otherwise good case.

The point of this post is to be totally honest with your injury lawyer because it is important to be aware that insurance companies will use EVERY means available to weaken your personal injury case.

Check the Privacy settings on your Facebook account (find them under Settings on the right side of the top toolbar). You can fine-tune them to make sure the people you trust get to track your life - NOT the people you don’t.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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From time to time, I receive requests to write a “lawyer letter.” What is a “lawyer letter”- and why do I have to refuse to write one? Let me explain:

Many people contact us and say that they ”know” that their legal issue could be resolved, “if I just had a lawyer write a letter to the other side.” They say that they don’t want to get involved with a, “whole lawsuit or anything, all I need is a lawyer letter.” They say that they know, “the other side will just roll over or give up if they get a threatening letter from a lawyer.” They say, “just write a simple letter for me” and all will be resolved.

My office CANNOT write “lawyer letters” UNLESS we have been retained to represent the client for the ENTIRE legal matter.

Here’s the problem. Actually, it’s two BIG problems.

We need all of the details

First, in order to write a proper “lawyer letter,” the lawyer must know ALL the relevant information. This means the lawyer MUST:

• Meet with the client and learn the entire story.
• Review whatever documents are relevant.
• Research the applicable law.

Unfortunately, this all takes time. For a lawyer, our time and expertise are the only commodity we sell so we must get paid for the time we spend investigating your case. To write a letter without proper investigation is unprofessional and unethical.

Life isn’t a card game

What happens if  the “lawyer letter” doesn’t work? What if the other side receives the “lawyer letter,” calls your bluff and just pitches it in the garbage? What do you do then?

Well, if you are a competent, professional lawyer who has been retained to handle the entire legal matter, you promptly file a legal action or lawsuit. In other words, if your bluff is called you have to be prepared to fight. In my office, we say: “If we are in for an inch, we are in for a mile.” That means once we have been retained to handle a case, we are going to see it through to the end whether it is an easy case or a difficult case.

Why is that our philosophy? Simple. There is nothing worse in our business than getting a reputation that you are nothing more than a giant bluffer. Once you have this reputation, it undermines every case you handle for every client you represent.

If you retain us, our reputation works for you

Because Ziff Law Firm attorneys practice in an area where we constantly work with the same lawyers and same insurance company adjusters, over and over again, our reputation means EVERYTHING! If we develop a reputation that we will fight to the brutal end for every client, every time, then our opposition will be very
reluctant to try to call our bluff. Instead, they will be more likely to work with us toward a fair resolution of our clients’ cases.

I know this is a long-winded explanation for why we do NOT write “lawyer letters” but I wanted readers to know where we are coming from.

To truly help you resolve a legal matter - be it a personal injury, medical malpractice, bankruptcy or foreclosure, workers’ compensation case - we have to be retained as your representation in the matter. Once you provide additional details regarding the nature of your dispute, we will be in a position to let you know how we think you should proceed.

It may turn out that the first step of our representation might be the “lawyer letter,” but it won’t be an empty bluff. If that letter doesn’t work as hoped, we will be able to help you pursue your other legal options.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Insurance companies have a ploy they use to cut costs. They offer a small amount of money right away, hoping accident victims will sign away their rights to sue.

NEVER take an insurance check without first consulting an attorney. You need to make an informed decision about what is in your best interest.

Whom is it smarter to listen to - your attorney whose fee is derived from your settlement, or the insurance company, who is trying to pay you as little as possible?

There are three very important things you should consider if you are wondering if you NEED to hire a lawyer to handle your accident case.

1. PEOPLE REPRESENTED BY AN ATTORNEY GET 300% MORE THAN UNREPRESENTED PEOPLE! A national study found that that injured persons who were represented by an attorney received 300% more than persons who settled their claims without a lawyer. Even after deducting the standard lawyers’ fee of 1/3, those claimants who hired representation netted twice as much as those who accepted an insurance company’s settlement.
2. If you think you might go to trial to seek a larger judgment, only an experienced attorney is qualified to assess the potential of your case. Though going to trial can take a long time, in many cases the return in the judgment in court is MUCH larger than the insurance company’s low-ball settlement offer. You have to weigh the “bird in the hand” settlement against the risk of going after a greater verdict. An accomplished lawyer can help you make this tough decision - based on their experience in handling similar cases.
3. The insurance company has attorneys to protect their profits - shouldn’t you have one to ensure you get a fair settlement? Every time one of my client’s tells me that the insurance adjuster told them that they didn’t “need” to hire an attorney, I tell them to ask the adjuster if the insurance company has their own attorneys?  If they honestly answer the question, “Yes, of course we have company attorneys”, then ask why is it that the insurance company needs their own attorney while they are recommending that you do NOT need YOUR OWN ATTORNEY?  That usually stops them dead in their tracks…

The personal injury attorneys at the Ziff Law Firm, (Carl Hayden, Jim Reed and Adam Gee) will consult with you to see if you need to have them represent you or not. Just call us at 1-800-ZIFFLAW or e-mail us at info@zifflaw.com and we will be happy to speak with you right away.

The bottom line: Yes, attorneys have fees, but in the long run, it could cost you a LOT more NOT to hire one.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
New York Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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I want to share some vital information about an important part of any personal injury, car accident or workers’ compensation case: your Independent Medical Examination, or IME, with the insurance company’s doctor.

Let’s face it, the insurance company is sending you to a doctor with the hope that they may show you are NOT as disabled as your doctor says. Therefore, the “independent” medical doctor who you are going to see will try to show that you are exaggerating, malingering, magnifying your symptoms, or just pretending.

I refuse to use the word “independent” when referring to these exams, even though they are routinely referred to as IME’s. I call them “Insurance Medical Exams,” or better yet, DME’s or “Defense Medical Exams.” The bottom line is that these doctors are hired for one purpose and one purpose only - to either deny or minimize a claim.

The IME doctor is listening to everything you say and watching everything you do. He will dictate a report of what he sees and hears immediately when you leave his office.

We routinely send the following list of Do’s and Don’ts for these so-called “independent” exams to clients:

IME Don’ts

• Don’t lie. That can undermine your whole case.
• Don’t try to outsmart the doctor. You can’t do it.
• Don’t drive yourself to the visit. Try to have your spouse, friend or neighbor drive you.
• Don’t talk about your accident, injuries, insurance company or case in elevators, common areas or doctor’s waiting room.
• Don’t wear dangling jewelry or earrings.
• Don’t come to the doctor with hands that look they are dirty from working on a car or changing the oil.
• Don’t come to the doctor with elaborately painted fingernails (especially if you are claiming carpal tunnel or any other type of chronic pain syndrome).
• Don’t jump on and off of the examination table at the doctor’s office.
• Don’t come in tight jeans or cowboy boots.
• Men, don’t come unshaven.
• Ladies, don’t come with make-up on or wearing high heels.
• Don’t leave the doctor’s office in a running trot or quick walk and jump into your car, because the doctor is probably watching you from his or her window.
• Don’t use medical jargon or fancy terminology when discussing your case or describing your symptoms.
• If you are complaining of a neck injury, don’t twist your head back and forth when the doctor is moving about the room in an effort to follow his movements.
• Don’t discuss money or any plans of retirement with the doctor.
• Don’t discuss your marital situation with the doctor unless the exam is for a psychological injury. Your marital situation is not relevant to the present examination. This is a physical examination.
• Don’t exaggerate your problems. Be truthful, but conservative.
• Don’t moan, groan and wince or grimace in pain every time the doctor touches you. No matter how lightly or heavily the doctor may touch you, be natural.
• Don’t ask the doctor for medication or pain pills.
• Don’t talk about your labor union to the doctor.
• Don’t talk to the doctor about the insurance carrier, attorneys or the adjusters.
• If you have a bad back, don’t bend down and untie your shoes. Wear loafers and kick them off/slide them on.
• Don’t allow the insurance company’s representative or nurse to be in the examining room with you when the doctor examines you. Simply explain to the doctor that you deem physical examinations to be private and would like to have the representative leave the room. Be polite and sincere when you say this.
• Do not discuss with the doctor the amount of your claim or the amount of wages you used to make. Politely decline to do so by saying that the insurance company has that information.
• Do not discuss with the doctor whether you have any hearings coming up on your case.
• Do not discuss what you deserve for a settlement or your plans for spending the money you may get.

What you should DO at an IME:

• Be honest and cooperative with the doctor.
• Be pleasant. At the same time, you should not behave in such a fashion that the doctor can say you were laughing during the examination.
• Be concerned. Be serious. Be polite. Give the doctor accurate, but brief, history on how your accident or injury occurred.
• Give the doctor an accurate history of your job details and what you do in terms of lifting, bending, stooping, carrying, and walking.
• If the doctor asks you about any previous injuries or illnesses you had before the present one, be honest and tell him the nature of any injuries you had, and whether you had surgery in connection with those previous injuries. On the other hand, do not volunteer information.
• If the doctor asks if you have had any previous workers’ compensation claims, you should say to him, “I’ve had previous workers injuries” (if that is true). However, you should always disclose any injury whether it is work related or not if the doctor asks you for a previous history of injuries.
• Be aware that the doctor is sometimes performing the same test on you in more than one fashion and in more than one way. For example, the doctor may test your legs when you are sitting up and when you are lying down. This is the same test. Therefore, if you complain of pain inconsistently, the doctor is going to make note of it. Let the truth come out and we will obtain a more favorable report from the doctor.
• If you are totally disabled, explain to the doctor that if there was any way you could be back at work, you would be there.
• Ask the doctor to send a copy of his or her evaluation to your treating doctor.

Two important tasks for you:

First, keep track of how long the doctor spends with you. IME doctors will often exaggerate the time they spent questioning and examining you. To combat this, it is imperative that you keep track of the time you spent with the doctor. Do not be obvious about it, but glance at your watch so you can accurately advise us of the time.

Second, as soon as you are home, sit down and write down every detail you can recall of your exam (i.e. time spent with a nurse or doctor, questions asked by the doctor and your answers, tests performed by the doctor, etc.). We understand that you can’t remember everything, but do the best you can.

Finally, two more ways to prepare:

Take a look at our FAQs, “Our Answers to Your Legal Questions.” You will find more answers to questions about accidents, personal injury cases and workers’ compensation.

Watch our videotape about preparing for an IME.  You can contact our office to set up an appointment to see the videotape before your exam.

My colleagues and I at the Ziff Law Firm don’t represent people that are pretending to be injured. Nevertheless, IME doctors are conditioned to believe that most claimants are malingering, pretending, or exaggerating. That is why you MUST know how to act during this important phase of your case.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Suppose, for a moment, that you hire a lawyer to represent you in a personal injury case. You received multiple fractures when a tractor trailer came across the center line into your lane of travel. The lawyer tells you he is confident he can generate a large settlement, but that it may take some time because the truck driver claims you came into his lane of travel. He intends to hire an accident reconstructionist to prove that your version is the correct one. 

And so you wait. And wait. And wait. Your calls are returned, but nothing seems to be going on. You are frustrated, but confident your lawyer knows what he is doing. You trust that it all will end well. But it doesn’t. Three years pass and one day your lawyer calls to inform you that he is mortified, but he failed to put your case in suit within three years and now your claim is barred by the Statute of Limitations. You may no longer sue the trucking company or its driver. You have lost your claim.

Outrageous? To be sure, but unfortunately it happens more than members of the profession wish to admit. And, indeed, you have lost your claim against the trucking company and its driver. But you are not without a remedy, because the reason your claim is barred is a direct consequence of the negligence of your lawyer. You now possess what is called a Legal Malpractice claim.

Legal Malpractice claims are different than other negligence cases because they are really two cases rather than one. To prevail, you must prove that your lawyer deviated from good and accepted legal practice. On our facts, that proof is not difficult. Your lawyer let the three year statute of limitation run without suing your case. That part of your Legal Malpractice case is a slam dunk.

But the lawyer handling your Legal Malpractice claim must prove more than the prior lawyer’s negligence. He or she must also prove the original case. There are two cases, then, that your new lawyer must prove: one against your former lawyer and one against the trucking company and its driver. And on the facts I have offered, the second part of your case may be problematic because there will likely need to be a trial to determine whose account of how the accident occurred is truthful.

The trucking company, if there is any basis for believing the version claimed by its driver, will likely hire its own accident reconstructionist to come testify that the physical evidence (photographs, debris, vehicle damage, etc.) point to the impact as having occurred in the trucker’s lane of travel. They will seek to discredit your version of how the accident occurred. What will be different, however, is that the defense lawyer will be a person hired by your first lawyer’s malpractice insurer, not by the insurance company for the trucking company.

This case can still settle. Most do, particularly if the physical evidence does not strongly support the trucker’s version. But in the hypothetical case I have created, it is likely that the physical evidence was at least equivocal if not supportive of the trucker. That would help to explain why three years passed without the trucking company’s insurance carrier having made a significant settlement offer.

Legal Malpractice litigation is more complex than garden variety negligence litigation. Not many lawyers have experience prosecuting these cases. The Ziff Law Firm has been handling Legal Malpractice claims and obtaining good results for years. We would be happy to have a look, without charge, at yours.

Thank you for reading,
Carl
_________________________________________
Carl T. Hayden, Attorney
Fellow of the American College of Trial Lawyers
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Phone (607) 733-8866
Fax (607) 732-6062
Toll-free 1-800-943-3529

mailto:chayden@zifflaw.com
www.zifflaw.com

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Peanut Corporation of America (PCA), the company responsible for the nationwide salmonella scare involving peanut products, has filed for Chapter 7 bankruptcy protection.  The bankruptcy filing comes as no surprise.  The hundreds of people sickened by Salmonella will result in millions of dollars in claims against the company.  Additionally, the millions of dollars in products which have been recalled will result in additional claims against the company by the purchasers of the tainted peanut products.

PCA’s insurer, Hartford Casualty Insurance, has filed a lawsuit in an effort to limit its liability.

PCA’s products have been linked to nine deaths and 636 cases of food poisoning in 44 states, including one case in Steuben County, New York, and more claims are expected to follow. Records released during congressional hearings last week showed the company continued to ship its products even after they tested positive for the deadly bacteria.

The bankruptcy filings show that the company carries debt with between 100 and 199 creditors and faces between $1 million and $10 million in liabilities.

The bankruptcy filing has the effect of “staying” all claims filed against PCA, but does not bar new claims from being filed.  A “stay” means that all filed claims are stuck in limbo, with neither side able to conduct any action in relation to the claim.  An action can be brought in Bankruptcy Court to lift the stay.

Reports indicate that PCA carried only $24 million worth of  liability insurance to satisfy all claims.  This means that anyone having a potential claim should act immediately to preserve their rights.

Salmonella is a serious illness that can be fatal to children, the elderly, and those with a weakened immune system. It causes nausea, vomiting, fever, diarrhea and abdominal cramps.

If you think you may have contracted Salmonella from the tainted  peanut products you should see your doctor and be tested for Salmonella.   Testing will confirm both the fact that you have Salmonella (as opposed to some other intestinal illness) and also confirm that the strain of salmonella you have is the same strain indicated in this peanut product outbreak.

If you have a package of the recalled peanut products and believe you may have contracted Salmonella DO NOT THROW IT OUT!!! Instead, secure the package so that no one else will consume it, attempt to locate your sales receipt showing your purchase of the contaminated product and consult legal counsel immediately.

The Ziff Law Firm will be accepting salmonella cases related to this peanut product recall, as we have in previous food-borne illness cases.

Thanks for reading,

Adam M. Gee, Esq.

NY and PA Personal Injury and Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

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You know those commercials for the Snuggie?  The “blanket with sleeves” that covers you no matter what you’re doing? No-fault insurance may seem like a Snuggie - but you should know it doesn’t always have you covered.

New York no-fault insurance provides a maximum of $50,000 to compensate people for medical expenses and lost wages arising from accidents involving the use or operation of motor vehicles.

The insurance company pays for:

• Basic economic losses such as lost earnings
• Necessary medical expenses
• Other expenses ($25 per day) caused by the injury

This coverage provides people with immediate relief for injuries received in accidents. At the same time, no-fault insurance avoids forcing every injured party into litigation in order to receive compensation for damages.

Every motor vehicle in New York State is required to carry no-fault insurance. And every person in the car - or person struck by the car - a pedestrian or bicyclist for example, - may recover their losses from that car’s no-fault insurance.

If that specific car is not insured, an injured occupant may collect on their own no-fault policy - or a policy belonging to any insured relative who lives in the occupant’s household.

So, it must be difficult to find a situation no-fault doesn’t cover, right? Not quite.

The motorcycle exception

Motorcycles are not covered by no-fault insurance - at least not in the same way motor vehicles are.

Even though a motorcyclist must carry no-fault insurance coverage, it benefits people injured by the motorcycle - not the motorcyclist or passenger. (A motorcycle passenger may, however, bring a liability claim against the motorcyclist  if he or she was negligent in causing the accident.)

Deal-breakers

You can void your own no-fault coverage if you are:

• Injured by your own intentional act.
• Operating a vehicle while intoxicated.
• Hurt while committing a felony or fleeing law enforcement.
• Racing or conducting speed tests.
• In a car known to be stolen.
• In an accident in your own car and you don’t have no-fault coverage.
• Are repairing, servicing or maintaining a vehicle and get injured while doing so.

The law of no-fault insurance is extremely complex, and involves many exceptions (many more than I have mentioned here) and supplements.  Don’t take this article as the last word on the subject.

If you have been involved in an auto accident, you should contact a personal injury attorney quickly - to make sure that your rights are protected and you receive just compensation.

Thanks for reading, Jim
_________________________________________
James B. Reed, Esq.
New York and Pennsylvania Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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“When medical negligence, injury or illness is involved, legal nurse consultants can help lawyers prepare winning cases or save time and money when complaints cannot be medically substantiated.”

That’s a quote from a Kansas City Star article (2/3/09, Bacon), “Lawyers may benefit from nurses in medical malpractice suits.”

I agree with the statement wholeheartedly. I routinely work with several different legal nurses. In fact, in addition to the highly experienced (i.e. 20-plus years in practice) two nurses with whom we work most frequently, the Ziff Law Firm now has two nurses from the University of Rochester Legal Nurse program working as interns.  These nurses help collect, organize, analyze and summarize medical records in our personal injury and medical malpractice cases.

In the same story, attorney Brad Honnold, with Goza & Honnold LLC in Leawood, KS, said: “(Legal nurses’) input is invaluable during the initial intake and screening process, and in determining whether a case has merit.”

There is no substitute for case analysis by nurses who have worked in the trenches and who know that a lot of the bad things that go on in the treatment of a patient NEVER make it in to the written chart despite medical training that requires ALL relevant medical data regarding a patient to be charted.

Reading between the lines on medical charts

The sad fact is there is a medical mantra that “if it’s not charted, it didn’t happen.”  When things start to go bad for a patient, there is a very compelling tendency on the part of medical providers to hide their mistakes by failing to document their errors.

A recent Pennsylvania medical malpractice case the Ziff Law Firm handled illustrates the problem. The case involved a wrongful death action against a local hospital. In the official hospital chart there were less than five sentences by a nurse documenting her care of the patient over the 12 hours before his death.

If you just looked at the chart for this time period, you would have assumed that the care of the patient was just fine and you wouldn’t have a clue why he suddenly died.

However, at the deposition of the nurse, we learned that the chart did NOT accurately reflect the patient’s care and that there was TONS of important patient information that was NOT documented.  WHY?  Because this young, first-year nurse was concerned that if she charted all the inactivity of the doctors that were supposed to be caring for the patient, she would have been fired.

Plain and simple, she was covering her own butt (and the butts of the doctors who failed to respond to her calls that the patient needed immediate attention) by leaving bad information out of the chart.

It just illustrates why nurses are an important part of the litigation team. A legal nurse consultant has the expertise to spot gaps and inconsistencies in medical records. They can offer essential information at a crucial point in a successful case - before it is even filed.

Thanks for reading,

Jim
_______________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll-free 1-800-943-3529
mailto: jreed@zifflaw.com http://www.zifflaw.com

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A frightening national outbreak of salmonella poisoning may have struck in the Twin Tiers.

A case of salmonella in Steuben County could be linked to the national outbreak caused by contaminated peanut butter. WETM recently reported (see story below) that the health department is investigating to confirm if the area case was caused by tainted products from the Peanut Corporation of America’s plant in Blakely, Ga.

National news sources report that the number of deaths caused by this outbreak has risen to seven. WETM reports 19 cases in New York alone. According to the Centers for Disease Control and Prevention’s most recent outbreak update, there have been 501 reported cases in 43 states.

Protect yourself

Check the FDA online database for a list of recalled products. The PCA plant processed peanuts for use in hundreds of products, including pet food.

Many food labels include a consumer hotline number - you can call that number to see if a product has been affected by the recall.

What happens next

Salmonella is a common bacterium. The usual cause for it to reach harmful levels is improper food handling. A congressional inquiry may lead to changes in food safety laws. News agencies are reporting that the PCA plant had already been cited for violations.

The good news

Despite this newly reported case in Steuben County, the CDC reports that the salmonella outbreak is in decline.

Thanks for reading,

Jim
_______________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll-free 1-800-943-3529
mailto: jreed@zifflaw.com http://www.zifflaw.com

Update: Investigation into Local Salmonella Case

Reported by: Camille Williams, WETM-TV, 1/26/09

In a few days, the New York State Health Department says they might know if a local salmonella case is linked to tainted peanut butter.

Many peanut butter products have been recalled due to salmonella contamination.

There are 19 reported cases of salmonella in New York State, one of them in Steuben County.

On Monday night, the person’s condition was unknown.

Officials are not releasing a name, age or any information that could identify the individual.

However, they’re asking those who’ve been affected to save their peanut butter products.

“We ask that they save any portion of the suspected peanut butter or whatever product it is and send it to the Wadsworth lab for testing.” says a New York State spokesperson

The Wadsworth lab is in Albany.

Officials say more than 500 people have been sickened by the nationwide salmonella outbreak.

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