Two Iowa Farms Under Investigation Regarding Salmonella Outbreak
Millions of eggs have been recalled because at least some, have been, somehow, contaminated. In about 1,500 cases, these eggs have caused salmonella poisoning.
The eggs come from two Iowa farms by the names of Wright County Egg, and Hillandale. The owner of Wright County Egg, Austin DeCoster has paid many millions of dollars, that money going towards federal fines. The fines, interestingly enough, were issued because of health, safety, immigration, and environmental violations.
The problems that may have caused the contamination seem to be related to bugs, rodents, wild birds, and other infestations, as well as holes in some of the walls.
Thankfully, no deaths have been reported; however, the illnesses could be life-threatening. The federal Centers for Disease Control and Prevention, or, CDC, say that this has been the biggest eruption of salmonella since the 1970s. The CDC also says that for each case reported, there could be 30 more cases unreported.
BP Safety Violations
Video Transcript:
Cindy Speaker: According to the Center for Public Integrity, oil giant BP has been issued 97% of the most serious safety violations by government safety inspectors over the last three years. The Deputy Assistant Secretary of Labor for Occupational Safety and Health, Jordan Barab, has said, “The only thing you can conclude is that BP has a serious systemic safely problem in their company.”
My guest today is Houston attorney Terry Bryant and he is well-acquainted with BP’s safety violations having handled some of the cases that resulted from the Texas City disaster back in 2005.
So Terry, thank you for joining me today.
Terry Bryant: Oh, thanks for having me.
Cindy Speaker: Well Terry, what do we know about BP’s safety violations?
Terry Bryant: Cindy, under the Freedom of Information Act, we know that BP received a total of 862 citations between June of 2007 and February of 2010 at two of their refineries in Texas City and Toledo, Ohio. As you said, that is 97% of the most serious violations issued to any company.
Cindy Speaker: That is just alarming.
Terry Bryant: It is. But what is even more alarming is that of the 862 citations they received, 760 were classified as egregious-willful, and another 69 is willful. Virtually all of the citations were for alleged violations of the OSHA Process Safety Management Standard.
Cindy Speaker: And my understanding is that this refers to things like the storage of flammable liquids and rules regarding emergency shutdown systems.
Terry Bryant: Correct. What is really unbelievable though is that this company was able to continue full operations even though they had 760 violations termed egregious-willful.
Cindy Speaker: And what exactly does that mean?
Terry Bryant: Well, OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee’s safety and health. These violations are so serious that OSHA can actually refer those that result in worker deaths to the Justice Department for criminal prosecution.
Cindy Speaker: Do you think that will happen in the BP case regarding the 11 who died?
Terry Bryant: Well, I don’t know, but I think it probably will result in 11 wrongful death cases on the civil side of the docket.
Cindy Speaker: And what is the difference between a criminal case and a wrongful death case?
Terry Bryant: The difference between a criminal case and a civil case is the standard of proof. In a criminal case, one has to prove what is called “beyond a reasonable doubt”, whereas in a civil case, one simply has to prove more likely than not. In other words, just over 50%.
Cindy Speaker: You know Terry, we’ve seen this so many times. The Goliath corporate entities, they care much more about profits than people. I’m not a lawyer and I don’t know what the line is that must be crossed before there is a criminal prosecution. But as a layperson, I think it’s been crossed and if the criminal justice system gets involved, maybe we won’t see a company continue to operate when it’s been assessed as having serious systemic safety problems.
Terry Bryant: Yes. The indifference and disregard for workers in some of these large corporations is truly egregious.
Cindy Speaker: Terry, if someone wants more information, how can they reach you?
Terry Bryant: They can reach us by calling 1-800-444-5000 and they can also reach us on our website, terrybryant.com.
Cindy Speaker: Terry, thank you for your time today.
Terry Bryant: You’re welcome Cindy, it’s always a pleasure.
Cindy Speaker: This is Cindy Speaker for State Law TV.
Where Is the Line Between Appropriate Comfort Care And Mercy Killing?
The two classifications of euthanasia are voluntary and non-voluntary. Non-voluntary euthanasia occurs when the patient is unaware and against the euthanasia process, but the doctor proceeds anyway claiming that it is the best way to help the patient. Voluntary euthanasia occurs when the patient would like to go through the procedures of euthanasia.
If you were terminally ill and were suffering, would you want the doctor to decide to proceed with the process of euthanasia if you were against it? Would a lethal injection in such a case be “appropriate comfort care” or “mercy killing?”
The holocaust was a horrific example of mass euthanization. Nazis killed very young children. Midwives and doctors were even forced to register children under the age of four that had even the slightest symptoms of being mentally retarded or physically deformed and they were subsequently marked for death. And virtually anyone identified as being of the Jewish race had to fear for their life because of the euthanization that occurred in German gas chambers.
We all agree that the Holocaust was a horrible tragedy that absolutely should have never happened. But what about the deaths that occurred at the hand of Dr. Death Jack Kevorkian or during Katrina at the Memorial Hospital when medical personnel made decisions to give lethal injections to some when they realized that not everyone could be evacuated. Dr. Ewing Cook said that it was such a desperate situation that he saw only two choices for: “quicken their deaths or abandon them.”
Dr. Anna Pou was not in charge of all that happened, but she became the focus of the Memorial Hospital story and she was subsequently charged with four counts of principal to second-degree murder. The attorney general, Foti, said “this is not euthanasia; this is plain and simple homicide.”
The widow of patient Emmett Everett may have put it best: “Who gave them the right to play God? Who gave them the right?”
Noted University of Pennsylvania bioethicist Arthur Caplan reviewed the records and concluded that some of the patients were euthanized, and that the way the drugs were given was “not consistent with the ethical standards of palliative care that prevail in the United States.” He went on to say that the goal of a doctor’s treatment cannot be the death of a patient.
So how do we process all of this? Thankfully, we live in a country undergirded by a legal system that wrestles through every aspect of these weighty issues and endeavors to protect the rights of even the most fragile and frail of human lives.
I spent an hour this evening reading the story of the Memorial Hospital tragedy and then watched a Larry King episode featuring Dr. Death Jack Kevorkian talking about an upcoming HBO special where he speaks about the 130 plus physician assisted suicides that he participated in. These are not easy issues to understand. Its one thing to read a transcript, but it’s another thing to hear a story, the story of Emmett Everett who wanted desperately to be evacuated during Katrina but instead was given a lethal dose of medication that may have ended his life, the story of Dr. Anna Pou who was known as a dedicated physician that cared deeply and yet in a crisis of epic proportions she reportedly made some decisions that apparently ended the lives of some that thought she was simply giving them medication that would help calm them. And then the life of Jack Kevorkian, whom I have always loathed. And yet tonight as I heard how he rarely charged any money for his work, he lived very modestly and bought most of his clothes from the Salvation Army and he passionately believed that he was providing a compassionate end of life to some – he was humanized to me for the first time. I still vehemently disagree with his practices but for the first time he seemed less than a monster in my mind.
Personally, I can sympathize with each of these stories, but for me, ultimately, Mrs. Emmett Everett summed it up best – “Who gave them the right to play God? Who gave them the right?”
Read the Memorial Hospital story here:
http://www.nytimes.com/2009/08/30/magazine/30doctors.html
Frequent Flyers Hurt Ambulance Companies
Needless to say, our country’s ambulances and hospitals are very important. It is common sense to call an ambulance if you have severe chest pain, or have trouble breathing. The ambulance would need to get there to help you as quickly as possible.
However, “frequent flyers” are people that actually call the ambulance if they have the flu, or even just a cold, and the ambulance/ER would have to help them. That will keep the ambulance/ER from helping the people that really do need it.
At the ER or in the ambulance, trained medical technicians help patients and then worry about payment later. Frequent flyers will get help and then not pay for it. Some people even do this five times per week. And one man did it three times in one day. Obviously, this is a very serious matter.
Some people will do this because they want drugs. Some people even call because they need transportation! Some people do this because they are LONELY and want companionship, and the frequent flyers can cost the ambulance companies a great deal of money. One of the problems is that the law prohibits the ambulance companies from denying service.
Frequent flyers can call the ambulance and get a free ride to the hospital; they can socialize, and have free food. Then they can be checked out because they are well, but they still were able to eat, mingle, and get away from their house.
Two men from ambulance companies in DeWitt, NY said that frequent flyers that just want free transportation can get it by calling 911 and claiming that they really need help. Of course, the ambulance shows up and takes them to the hospital, and when the frequent flyers arrive, they can refuse help and head to where they were really trying to go in the first place.
For frequent flyers that get treatment which they use for drugs, they will be billed, but never pay. Some ambulance companies reportedly lose as much as $5,000 per month because of the frequent flyers.
Vincent Stevenson, a paramedic in DeWitt says, “The laws need to be changed.”
For more information, go to http://www.syracuse.com/news/index.ssf/2010/02/frequent_fliers_abuse_ambulanc.html
Transocean Oil Rig Explosion
Video Transcript:
Cindy Speaker: On April 20, 2010, an offshore oil rig owned by Transocean Limited exploded off the coast of Louisiana. Tragically, 11 crew members are missing and Transocean reports an additional 17 workers were injured.
We’re going to talk today with Houston attorney Terry Bryant who has handled these kinds of cases. And Terry, are you on the phone with me now?
Terry Bryant: Yes, I am. Thanks for having me.
Cindy Speaker: Well, thank you for being here. Well Terry, I was actually watching CNN last night and Douglas Brinkley, who is a noted historian, had some tough words for BP. One of the things he said is—and this is quote, “BP has been cutting a lot of corners on safety issues.” And then, he went on to comment on what he called a “milly mouth statement” and said that BP is not facing the consequences of what the company is responsible for. What do you think about that? What’s your take on that?
Terry Bryant: Well, I think BP has had their problems for a number of years. They had the explosion down in Texas City which brought a lot of attention to that company. And now, they have this disaster going on with getting attention from everywhere, including the White House.
Cindy Speaker: Right. What are the facts that we know?
Terry Bryant: Well, we have about four things that we do know and that is there are about 200,000 gallons of oil coming out of that disaster right now on a daily basis. This is going to have a devastating effect on wildlife. BP is making their usual response to these kinds of problems, which is to talk about how they hope to be safe and that sort of thing, and the disaster may eclipse the Exxon Valdez disaster.
Cindy Speaker: According to a news report I read last night, a lawsuit was already filed seeking damages of $5 million plus on undetermined punitive damages on behalf of affected Louisiana commercial industries, and my question to you is who should be calling an attorney right now?
Terry Bryant: Well, people that are injured or killed as a result of this tragedy should be seeking legal help now. As far as the fishermen, I can’t believe that the lawsuit is only for $5 million in damages. That seems awfully low to me.
Cindy Speaker: And Terry, is there any evidence yet that there are safety violations in this?
Terry Bryant: I think it’s too early to tell that and probably what will happen is that the government will launch an investigation in addition to BP’s internal investigation. So at some point, the facts will be determined and the cause of this tragedy will be determined.
Cindy Speaker: For these injured workers, what do you recommend that they do as a course of action, or their family members for those that did not survive?
Terry Bryant: I think it’s important that the family members of the workers who are missing are protected from a legal standpoint because British Petroleum has a whole team of lawyers that are working on this case. So it’s important that the workers have legal representation, as well the loved ones of the ones that are missing or may have been killed.
Cindy Speaker: Early in this conversation Terry, you mentioned the Texas City disaster. Was your firm involved in that?
Terry Bryant: Yes. We were involved in the Texas City disaster and represented a number of people that were horrifically injured by that blast.
Cindy Speaker: And how would you compare what’s happened recently to that disaster in terms of the scope of the damage?
Terry Bryant: From what I’ve heard, this appears to be one involving much greater damage both to individuals and to the environment.
Cindy Speaker: Well Terry, if someone has specific questions, how can they reach you?
Terry Bryant: They can call my toll free number at 1-800-444-5000, or find us on the web at TerryBryant.com.
Cindy Speaker: Well Terry, thanks so much for your time today.
Terry Bryant: Oh, thanks for having me.
Cindy Speaker: This is Cindy Speaker reporting.
Toyota Recall: Legal Ramifications
Video Transcript:
Cindy Speaker: Runaway Toyotas. How long has Toyota known about the issue of uncontrolled acceleration and why haven’t we heard about it before this? ABC News has been investigating the runaway cars for sometime. Some sources say that revealing ABC investigative report is the reason that Toyota finally took action and issued a recall and an apology. But is it too little too late and can they salvage their now tarnished reputation? Is it really possible that Toyota kept quiet with the reportedly 2000 complaints from owners, about uncontrolled acceleration because of the financial ramifications, and if so, what might be the now looming legal ramifications?
My guest today is Houston attorney, Terry Bryant and I’ve asked him to talk with us about the legal ramifications of the Toyota recall and the way it has been handled. So Terry, thank you for joining me.
Terry Bryant: Thanks for having me.
Cindy Speaker Terry, the media seems to be uncovering new details about the runaway Toyotas almost daily and it’s quite troubling because it really looks like they’ve known about the problem for a long time and for some reason, opted not to admit it publicly.
Terry Bryant: You know, for a long time we’ve thought Toyota was a very reputable company who produced very good products without much problem. However, over the last few days we’ve seen issues with the accelerator and breaks on a couple of their models.
Cindy Speaker: And some of those horror stories are now being told, one of the worst ones that I’ve heard resulted in a fatal crash, whereby just a minute before the crash, one of the passengers called 911 and described the uncontrolled acceleration of their vehicle, that could not be stopped. It seems to me that once again, big business has put profits over people. And as we’ve seen so many times before, it often falls on the legal system to stop this kind of injustice.
Terry Bryant: And this is going to be a good example of how the judicial system will work in order to effect change in the automotive industry. That is when people discover that there are problems with their vehicles and are able to bring legal action against the big auto manufacturers, then they’re able to affect change on a very significant basis.
Cindy Speaker: And that’s one reason why the media and the legal system are so vital to this country. Among other things, they provide accountability to big business that may not otherwise have any. Now, tell me what role our government plays in all of these. Have they or will they take any action regarding Toyota?
Terry Bryant: I don’t think we can depend on our government regulators to enforce these standards that they’ve set for the automotive industry.
Cindy Speaker: So, the enforcement must come from the legal system. What do you see as the next step?
Terry Bryant: I think it will play out because there’ll be a number of lawsuits and each individual case will be handled differently around the different state courts in this country.
Cindy Speaker: And once again, in my book, you guys as lawyers are the good guys because you champion the rights of everyday people who without you, would have no voice and no recourse against a mammoth company like Toyota.
Terry, thank you for your time today.
Terry Bryant: Absolutely. Call anytime.
Cindy Speaker: This Cindy Speaker reporting for State Law TV.
Middletown, CT Plant Explosion
A little before noon today, I received a CNN alert on my iPhone and it stated that there had been a devastating plant explosion in Middletown, CT. I have been following the news throughout the day and there are many conflicting reports. Most reports state that there are at least 2 fatalities. Although twitter reports just moments ago say there are 5 confirmed deaths. Here are a few places to keep you updated on the situation:
Go to http://twitter.com and search for middletown plant explosion. That is your best bet. The Hartford Courant has issued at least 3 stories today. Other resources are www.WFSB.com, www.WTNH.com, and www.NBCconnectiut.com. The tweets on this topic are fast and furious as the situations progresses.
Most stories suggest that the explosion was caused by a natural gas leak. Area residents thought there had been an earthquake.
The plant was still being built and was 96% complete. Pictures from today’s tragedy show the walls completely blown off and the facility no more than a shell. It was described by one reporter as no more than a twisted pile of steel.
Families are being asked to go to Middletown City Hall to have their questions answered and get the most current information.
Who is Laura Silsby and What is Behind Her Haiti Rescue Mission
I have been following the news about the group of Baptists and their mission to help children in Haiti. When I watched some of the footage on CNN last night, I couldn’t help but feel that this group is being misunderstood. My heart said that their motives are pure. After all, how could anyone go to Haiti and have anything but pure motives considering the horror and devastation that this country and their people have suffered.
But as I continue to follow this story, it all seems to revolve around the leader of the group – Laura Silsby. One of the best articles I read was written by Anne of Carversville and you can read the article here:
I grew up Baptist and I have kind of a soft spot when I hear someone is a Baptist. But, the fact is Laura Silsby has really not evidenced the character and integrity of a responsible adult and when you say you’re a missionary but you leave a trail of unpaid debts, crushing financial pressures, unpaid wages, unpaid legal fees and empty promises that investors are around the corner to solve everything – and you do it all in the name of God – I really have a hard time with that.
I don’t know what the truth is, but my concern is first and foremost for the children and it really does appear that Ms. Silsby may have thought she found a way to solve her financial problems and quite possibly that was a big part of the motivation for this trip. I don’t know. But there’s clearly more to this story.
It bothers me when people have ulterior motives and they camouflage them by claiming that their actions are being done for God or in the name of God. My understanding is that the children Ms. Silsby endeavored to take were not even all orphans. I don’t think that God supports taking children from their parents.
Anne of Carversville, I’m glad as you say “your sorry-ass New York mind is working overtime.” So is my “sorry-ass Philadelphia mind.”
Six Prominent Winston-Salem Attorneys Form New Law Firm
David D. Daggett and Griffis C. Shuler are pleased to announce the formation of Daggett, Shuler, Koontz, Nauman & Bell, PLLC. The newly formed firm will be operating under the trade name of Daggett Shuler, Attorneys at Law.
David Daggett, Griffis Shuler, John Koontz and Julie Bell were partners in the firm of Lewis & Daggett. David is known throughout the area as a dedicated trial attorney and also for his extensive work for the Safe Sober Prom Night program, which reaches thousands of young high students each year.
David will now lead the team of Daggett Shuler along with five other accomplished attorneys and a highly trained support staff. The attorneys of Daggett Shuler include David Daggett, Griffis Shuler, John Koontz, Doug Nauman, Julie Bell and Chris Wilkie. The firm plans to take customer service to a whole new level, leveraging technology and new media strategies in a way that allows clients to contact the firm in just about every way conceivable.
David states, “It’s just not enough to operate a law firm weekdays 8 to 6 anymore. We want our team to be available to clients 24/7 and accessible in whatever way they choose to contact us.”
David was a co-presenter this summer at the American Association for Justice annual conference in San Francisco. The topic was the Future of Legal Marketing and one of the key concepts Mr. Daggett emphasized was that providing the highest level of customer service and client care today must drive law firms.
David Daggett is a seasoned triathlete who has competed in over 150 Triathlons including 18 Ironman competitions. This summer he was awarded the “Ford Ironman Everyday Hero Award” for outstanding contributions to high school students through the Safe Sober Prom Night Program. David was recently featured on an ESPN special that aired worldwide.
Daggett Shuler, Attorneys at Law, providing a place to turn for injured and disabled people.
Virtual Strip Searches
The thwarted bombing of a plane leaving from Amsterdam on Christmas and heading to Detroit raises a whole new series of questions as to how to elevate our standards of airport security. Most likely that ongoing discussion will include addressing the issue of privacy. A New York Times article quoted Arnold Barnett, a Professor of Management Science at the M.I.T. Sloan School of Management. He recalled the afermath of the shoe-bomber attack on a Paris-Miami flight and how after that happened, it became the norm to remove our shoes at airport security checks. An editorial cartoon included a caption that said “good thing he didn’t have the explosives in his underwear.” Unfortunately, during the most recent attempted bombing, the suspect had part of the explosive device sewn into his underwear.
So, what measures do we implement to combat this? One of the discussions may be the use of technology that in effect, performs virtual strip searches on passengers as they go through security. If that happens there will undoubtedly be those who will fight the measures because of privacy issues. And then we there will be battles over which takes precedent, privacy or safety.
In the New York Times article that I read, I especially appreciated the commentary from Richard Bloom, Director of Terrorism, Intelligence and Security Studies at Embry-Riddle Aeronautical University and Vice Chairman of the Aviation Security and Emergency Management Task Force of the Transportation Safety Board. He said “there is no single security hole” but that “the biggest hole is how we think about airline security.” He goes on to speak of 4 layers of airline security. You can read the entire article here:
http://roomfordebate.blogs.nytimes.com/2009/12/28/whats-missing-in-airport-security/
