California Injury Attorney Blog

San Francisco Pedestrian Death Causes Big Conversations

Sun, 15 Apr 2012 08:15:22 -0800

The recent death of an elderly pedestrian in San Francisco is causing sorrow for all involved, but it is also causing a big conversation in the Bay Area about pedestrian safety and bicycle riding in our congested city. Last month, a San Bruno man was walking across the intersection at Castro and Market and was struck by a bicycle. He was hospitalized and passed away from his injuries.

The bicyclist, whose lawyer says he is devastated by the accident, has said online that he was not able to stop as the light changed and the crosswalk began to fill with pedestrians ... instead he plowed through the intersection and hit the elderly man. There are now accounts that video surveillance from the area might contradict his version of the accident.

According to a recent piece in the San Francisco Chronicle, San Francisco officials have determined to "hold errant cyclists accountable and to redouble efforts to get everyone - pedestrians, bicyclists and drivers - to travel more safely." The new plan is reported to include allowing bicyclists who violate traffic safety laws to pay lower traffic fines if they agree to take safety classes instead.

Many have said this is a welcome enforcement effort since over the past decade thousands of pedestrians have been injured and hundreds have lost their lives from just walking across city streets. The new Safe Streets Program is going to target the most dangerous locations and intersections in the city. The effort is not only going to include enforcement, but will also be targeted at education as well. This effort is apparently modeled after the program in Marin County in which bicyclists who are ticketed can attend traffic school and pay a lower fine.

The San Francisco Superior Court will need to approve this proposal which does not include violations in which property damage or personal injury occur.

In the recent tragedy, authorities are still evaluating the evidence in reviewing whether to file charges against the cyclist.

When accidents occur in our lives, we need the support of experts who can help with the legal and medical issues involved. The San Francisco injury law firm of Hersh & Hersh has helped families coping with serious accidents and wrongful death for over four decades. If you have been involved in an accident or have sustained injuries, please contact our law offices for a free consultation with one of our lawyers to discuss your legal rights and to get guidance with your medical needs.

East Bay Motorcycle Crash Ends in Tragedy

Sat, 31 Mar 2012 17:09:19 -0800

Earlier this month, an El Cerrito man lost his life while riding his motorcycle in Oakland, California. According to reports of the accident, he was said to have been speeding and lost control of his bike.

As is often the case in single vehicle accidents, he hit the guardrail. Sadly, he was on an overpass and ended up flying off his bike and falling over the rail to his death. He passed away at the scene of the fall.

The rider had been driving with a suspended license and had been involved in prior crashes. He also had several violations on his record. These included driving without license plates and possessing marijuana in his car. There was no information about whether drugs or alcohol were involved in the fatal crash.

Our hearts go out to the family of the deceased bike rider. In our practice as California injury lawyers we have consoled many families who are dealing with tragic accidents and losses.

As we noted last year, researchers at the Virginia Tech Transportation Institute (VTTI) are studying the causes of single vehicle accidents. In this case, speed was apparently a major factor in the loss of control and ultimately the separation of the driver from his bike.

The VTTI Center for Injury Biomechanics is researching the mechanisms of traumatic road departure motor vehicle accidents. Motorcycle road departures are a major part of the study that is well underway now. About 10,000 Americans are fatally injured in road departure crashes annually. Many of these accidents are due to "collisions with trees, poles, side slopes, and other hazards."

The California injury law firm of Hersh & Hersh has worked for the safety and well-being of American consumers for over four decades. If you or someone you know has been iinjured in a motor vehicle accident, by a defective product or medical device, please contact our law firm for a free consultation with one of our lawyers.

Wage and Hour Claims Can Help Employees Secure Their Rights

Sun, 25 Mar 2012 08:49:43 -0800

As California injury lawyers, we have helped many employees secure the wages and other benefits to which they are entitled. Regardless of the size of your employer's business, you might be entitled to recover minimum wage, overtime, meal and rest breaks, prompt payment of wages, detailed wage statements and reimbursement.

Often employees discover that they have been misclassified in their employment as "independent contractors" or as employees "exempt" from wage and hour protections. This is practice that employers use to avoid payment of wages and benefits to which employees are entitled.

Recent successes should give employees some hope that they can recover what the law allows in their employment. For example, our law firm helped secure a $1.5 million settlement in two related cases where a company refused to pay termite inspectors overtime or provide meal and rest breaks.

Under California law, wage and hour obligations vary depending on the status of the employee. That is why some employers seek to avoid their wage and hour obligation by claiming that an employee is an independent contractor, exempt outside salesperson, administrative assistant, professional or executive.

But there are very specific requirements that have to be met in order for an employer to classify an employee as an independent contractor or exempt employee. Sometimes, employers misclassify their employees in violation of the law, in the hope that they will not contest the classification. But getting help from experts can lead to recovery of wages that should have been paid.

Another area in which employers might not comply with the law is in the guaranteed minimum wage which is mandated both by the federal, state and sometimes the local law. This area of compliance can be difficult for the employee to uncover when an hourly wage is not obvious. However, experts can help employees determine their actual minimum wage and seek recovery from employers who are not paying what is due.

Another very important area of compliance is the protection that employees work only mandated hours. When certain employees are asked to work more than 8 hours per day or 40 hours per week, they might well be entitled to premium overtime pay. Employees are also entitled to meal and rest periods throughout their work day.

If you have any questions about your wages, classification or other employment concerns, please contact the San Francisco employee rights law firm of Hersh & Hersh. With over four decades of experience in supporting consumers, the injured and employees who have been harmed by their employers, we can help. Contact our law offices for a free consultation with one of our experienced lawyers.

Driving Distracted -- Is It Worth the Risk?

Fri, 16 Mar 2012 08:12:40 -0800

With more and more portable technology, Americans are prone to bringing their portable devices along with them when they drive. We are all well-aware that use of these devices can lead to distracted driving, which takes our attention away from the road. This in turn can endanger us, our passengers and pedestrians. As California accident and injury lawyers, we want our readers to fully understand the serious dangers that this activity poses, and urge drivers to stop these dangerous practices.

The most common forms of distracted driving are texting, cell phone use, eating or drinking, grooming such as make-up application, watching videos, adjusting radios or other devices, and the like. According the United States Department of Transportation, text messaging is the most alarming of all distractions because it "requires visual, manual, and cognitive attention from the driver." Education on the dangers of this activity is the best protection against serious accident or injury.

Given the fact that this dangerous activity is something that every driver can avoid, it is really important that the public continue to be aware of just how unsafe this activity can be for drivers, passengers and pedestrians.

Here are some sobering statistics on the dangers of distracted driving. In 2009, nearly 5,500 people were killed in crashes involving driver distraction, and nearly 450,000 were injured. Over 15 percent of fatal crashes and 20 percent of injury crashes in that same year are reported to have involved distracted driving. The number of text messages sent or received in just the United States is up nearly 50 percent in the past two years.

Teen drivers are the most vulnerable of all to driving distracted and over 15 percent of fatal crashes in 2009 were related to distracted driving. A very large percentage of teens have reported that they have been passengers in cars in which the driver was engaged in dangerous activity with the use of a cell phone.

In general, those drivers using hand-held devices are four times more likely to get into a serious injury crash that can end up harming themselves. Just text messaging alone raises the severity of a crash -- and the activity takes the drivers eyes away from the road for an average of over 4.5 seconds. Shockingly, this is "the equivalent-at 55 mph-of driving the length of an entire football field, blind."

Unfortunately, the use of a headset cell phone or Bluetooth does not actually result in much greater safety than hand-held cell phone use. Research at Carnegie Mellon University has revealed that there is a nearly 40 percent reduction in the brain activity associated with the task of driving when cell phones are in use. In short, taking our attention away from driving is quite simply, life-threatening.

The San Francisco consumer protection and injury law firm of Hersh & Hersh has worked for the safety and well-being of consumers for over four decades. If you have been injured in a bus, car, or other motor vehicle accident, contact our law firm for a free consultation with one of our lawyers.

SF MUNI Tracks Pose Danger to Bike Riders

Wed, 07 Mar 2012 09:06:33 -0800

Earlier this week, a bicyclist was riding at the intersection of Market and New Montgomery Streets in San Francisco, when tragedy occurred. The wheel of his bike was caught on the Muni tracks as he rode parallel to an SF Muni Bus. He then fell under the bus, which drove over him.

The bicyclist apparently was seriously injured and was taken to the local trauma center at San Francisco General Hospital with what were said to be life threatening injuries. Our hearts go out to the injured bicyclist and his family. We do not know the status of his injuries, but will keep readers posted if we learn of his condition.

As Bay Area bicycle accident lawyers, we are aware of situations in which bike wheels have become caught in storm drains, train tracks and other permanent or temporary road fixtures. This scenario can be very dangerous.

Getting a wheel stuck is the MUNI tracks is one hazard that experienced cyclists, especially those who ride in the city of San Francisco, know can be treacherous. A local bicycle company has a muni-track bumper sticker that depicts a rider with its wheel getting stuck and the rider falling. A local bicycle maker's website notes that states "if you ride the mean streets of San Francisco and haven't had a near miss on MUNI tracks - you need to ride your bike more often."

So what can be done to avoid this hazard? The terrible accident that occurred this past week, reminds us that riding in our beautiful city can be dangerous. Many of us are committed to a better planet and riding a bike in the city cuts down on car traffic. We hope that more can be done to ensure that accidents are avoided and one step in the direction is rider awareness of this hazard.

Hersh & Hersh is a San Francisco consumer protection law firm that helps the victims of bicycle and pedestrian accidents. Please contact our offices for a free consultation with one of our lawyers.

Los Angeles Sexual Harassment Case Can Proceed

Thu, 23 Feb 2012 08:45:06 -0800

Nearly a year after the filing of her wrongful termination case, a former employee at the Cheesecake Factory in Los Angeles, will be permitted to bring her case to trial. A Los Angeles Superior Court judge has denied the defense's motion to dismiss her case.

A motion to dismiss is often a defense tactic when the potentially wrongful party seeks to avoid going through a public trial that could harm its business. In this case, the plaintiff was a bakery cashier at the restaurant in Woodland Hills in the Los Angeles area. She claims to have been terminated for complaining to her employer that two supervisors in the restaurant had sexually harassed her while she was on the job.

The retaliation claimed by the plaintiff here is not permitted under the laws that protect workers. Employers must protect employees who seek their protection from harassment and cannot be fired simply for bringing the harassment to their attention.

The defense motion alleged that the plaintiff had been fired not because she complained about harassment in her employment, but rather because allegedly she took tips from a co-worker and that the firing was justifiable.

After a period of several years in which the plaintiff was promoted into various jobs requiring more responsibility, she claims that her manager began making personal comments to her. These comments regarding her appearance and other personal intrusions escalated into actual touching and text messaging.

This type of escalation is not uncommon in cases such as this. Employees are protected from this type of behavior from their employer and/or manager.

In this matter, the manager is alleged to have continued to behave inappropriately even when the plaintiff tried to get him to stop. After seeking a transfer which was denied, another manager began similar behaviors towards the plaintiff.

The trial will go forward unless there is a settlement reached in the case. The facts are in dispute as the defense claims the employee was terminated because a video showed her taking money from the tip jar. But she claims other reasons were the cause of her firing and those had to do with her alleged sexual harassment.

Hersh & Hersh represents employees who have been wrongfully terminated. Those employees who are the victims of sexual harassment, retaliation for whistle blowing and other issues that can arise in the workplace come to our law firm for representation. Please contact our law firm for a free confidential consultation regarding your workplace issues. Our conversation with you is confidential and cannot harm your employment.

Tragic Single Car Crash in San Jose

Tue, 21 Feb 2012 08:42:09 -0800

We have posted in the past about the dangers of single car crashes and road departures that can be fatal. Sadly, one passenger was killed and two other were injured in a family tragedy in San Jose, California earlier this week.

The family was returning from a trip to Mexico when their SUV left an off-ramp and turned over. The accident occurred in the early-morning hours and was said to be caused by the driver traveling at a high rate of speed when approaching the off-ramp. The vehicle struck a curb and rolled over.

One of the most dangerous aspects of any motor vehicle accident is the possibility of ejection from the vehicle. The deceased passenger had been sitting in the rear of the vehicle and was ejected. He passed away at the accident scene. Another injured passenger was also ejected from the vehicle. She was taken to the hospital. along with another passenger.

The apparent cause of this accident was speed. This cause, along with others, is being studied at the Virginia Tech Transportation Institute's Center for Injury Biomechanics. The researchers there are looking for the mechanisms that can cause single vehicle accidents such as this recent tragedy.

In this accident, it is believed that the vehicle hit a high curb, but was also traveling too fast to safely maneuver the off-ramp. Studies are underway that will look at such things as guide rails, signs and other devices that might play a part in single vehicle accidents. Unfortunately, speed is one of the factors that is within the driver's control, but that too is part of the picture that will be evaluated in the studies.

The California injury law firm of Hersh & Hersh has worked for the safety and well-being of consumers for over four decades. We are dedicated to helping the victims of accidents and injuries of all kinds, including those involving motor vehicles, bicycles, motor cycles and trucks. If you have been injured in a motor vehicle accident, contact our law firm for a free consultation with one of our lawyers. We will evaluate your case at no charge to you or your family.

BMW Fined $3 Million for Safety Defect Reporting Delay

Sun, 12 Feb 2012 20:03:16 -0800

Last week, the National Highway Traffic Safety Administration (NHTSA) announced that BMW of North America, LLC will be fined a civil penalty of $3 million for what the agency said were problems with timely reporting of safety defects.

Under the National Traffic and Motor Vehicle Safety Act, auto makers are required to report recalls and safety issues within a short period of time. Calling this time factor "critical," the NHTSA Administrator David Strickland stated that the agency "expects all manufacturers to address automotive safety issues quickly and in a forthright manner."

It might surprise consumers that the federal law puts auto manufacturers on a very short leash when it comes to reporting safety defects and related issues. They have five days to let the agency know about such defects and to expeditiously begin a recall.

In BMW's case, the NHTSA found that in 2010, BMW issued 16 recalls. But these recall also involved failures to comply with federal law. The company will now alter its internal decision-making process to correct the pattern of untimely reporting.

The BMW matter is the result of an investigation by the federal government that began in late 2010. According to the agency, the facts revealed that BMW had failed to notify the NHTSA of defects and noncompliance issues for "several motorcycle and vehicle recalls." Known safety defects were not reported within the five day period as required.

The San Francisco law firm of Hersh & Hersh has represented consumers for over four decades when they have been injured or harmed by defective products. If you believe you have been injured by a defective product, please contact our offices for a free consultation with one of our attorneys. We will evaluate your situation at no charge to you.

Consumer Focus: The Americans With Disabilities Act

Fri, 03 Feb 2012 09:15:11 -0800

The U.S. Department of Justice provides a wealth of information on the important rights provided under the Americans with Disabilities Act (ADA). The ADA was enacted to provide protection to those with disabilities against discrimination, but also to ensure equal opportunities for those with disabilities in employment, government services, public accommodations, commercial facilities and transportation. The law mandates the establishment of TDD/telephone relay services.

There are many aspects of the ADA that have been further developed as the law in this area has expanded and developed. For example, the area of design and accessibility are major parts of the ADA. The federal government has issued standards with regard to the accessible design. These establish guidelines for accessible design for state and local government facilities as well as public accommodations and commercial facilities.

The extensive questions and answers provided on the U.S. Equal Employment Opportunity Commission, U.S. Department of Justice, Civil Rights Division website are really helpful for a basic understanding of the parameters of this law. There is a great deal of information about employment discrimination protections under the ADA, in such areas as appropriate accommodations for those protected under the ADA, attendance and leave policies, the interface between the ADA and state workers' compensation laws and many other important areas of the law.

The best way to get answers to your concerns or questions about the ADA, and its coverage and applicability, is to contact experts in the field of employment discrimination and workers' rights. Please contact Hersh & Hersh for information on the ADA and your rights under the law. We can help you get the protections you are entitled to in your employment and in other areas of your life. Our consultation will be at no charge to you and will be with one of our experienced lawyers.

California Court of Appeal Rules on Wage and Hour & Overtime Pay

Tue, 31 Jan 2012 10:20:33 -0800

In a recent wage and hour case, the California Court of Appeal, Fourth Appellate District, issued a decision in a matter involving whether certain employees should be exempt from overtime pay requirements because their income was argued to be derived from commissioned sales. In Muldrow v. Surrex Solutions Corporation, the court determined that a class of workers, known as senior consulting service managers, were commissioned sales and were not entitled to payment for overtime in this instance.

As we have shared in prior posts, the way an employer classifies a worker, does not determine whether that worker is entitled to overtime pay and other benefits of employment. Sometimes employers try to avoid compliance with California's labor laws by misclassifying them to avoid paying the wages workers should be paid. In this case, the question was whether the employees were commissioned sales people which would exempt them from the benefit of overtime pay.

The plaintiffs in this case worked to fit job candidates to jobs. Some of the matches were made using cold calling and some were made using Surrex's databases. The plaintiffs were only paid commissions if the match was made and stuck. In certain instances, the employment candidates were essentially kept by Surrex itself as consultants. They were effectively loaned to Surrex's clients and in these placements, the plaintiffs were paid from a formula that resulted in the "adjusted gross profit" that Surrex received for the work.

Plaintiffs contended in this case that they really did not "sell" a product or service and should not be categorized as sales people. They took the position that their pay should not be categorized as "commissions." The time they spent identifying and recruiting new candidates was not sales in their view.

Surrex categorized them as commissioned sales people exempt from overtime pay. If they were categorized as other than sales, the commissioned sales exemption that precluded them from receiving overtime pay, would not apply.

The court's view, like that of the trial court, was that the activities performed to make these matches was sales related. The managers were deemed to be performing essentially sales activities and were exempt for overtime pay requirements.

Arguing that the formula for their compensation was complex and did not relate to the services sold and could not be deemed commissions, the plaintiffs sought to secure the payments they believed to be warranted under the law. The court did not agree and found that the commissions were related to the price of services sold. This conclusion led to the court's view that these were "commissions for purposes of the commissioned employees exemption (Cal.Code. Regs., tit. 8, § 11070, subd. (3)(D))."

It is possible that the California Supreme Court will accept this case for review given the importance of the decision and implications for workers who could be deemed as performing sales functions. Requirements such as overtime pay, wage and hour issues, rest breaks and related claims provide important protection for workers.

Hersh & Hersh represents consumers, workers, patients and accident victims. If you have any questions about your employment situation or whether you are being paid properly by your employer, please contact our law firm to speak confidentially and for no fee at all, with one of our lawyers.

Muni Driver Criminally Charged in Pedestrian Death

Tue, 24 Jan 2012 07:52:44 -0800

Earlier this week, a San Francisco Muni bus driver was charged with misdemeanor vehicular manslaughter under California Penal Code section 192(c)(2) for an accident that occurred last August. A criminal charge in a case like this is somewhat unusual. The charge of misdemeanor vehicular manslaughter carries a jail term of up to one year.

What happened last August in a Castro district intersection is tragic. The bus, which was not carrying passengers at the time, was traveling to a new assignment when it made a left turn and struck a female pedestrian who was nearly to the curb. According to a report in SFGate, the driver was relatively new to Muni and was, in the District Attorneys' view, negligent in not seeing the young woman in the street. The deceased pedestrian was new to the city, she had moved here from Atlanta and was working for a local business.

Neither alcohol nor drugs were involved in the tragic accident. Sadly, it is believed that the pedestrian was distracted and did not see or hear the bus. In addition, the bus was not on a normal route, as the bus driver had determined his own route across town to get to his new assignment.

Whether there was a failure of communication between the driver and the central communications personnel as to the best way for him to get to where he needed to be to relieve a congested route, is not clear. This might become more clear as this matter goes forward in the courts.

Only one other pedestrian was killed last year by a Muni vehicle. According to reports, in the previous five years, there were an average of four to five pedestrian deaths involving Muni vehicles. In 2009, there was only one death.

When tragic events occur in our lives, often we need the support of experts who can help traverse legal and medical issues. The San Francisco injury law firm of Hersh & Hersh has helped families coping with serious accidents and wrongful death for four decades. If you have a situation that you would like to talk with us about, please contact our law offices for a free consultation with one of our lawyers about your legal rights.

NTSB Says Hands-Free Isn't Enough

Tue, 17 Jan 2012 09:26:06 -0800

The National Transportation Safety Board has been very clear with the public over the past few years about the dangers of using tech devices while driving. Recently, the agency asked that all states ban both calling and texting while driving. But there is something very new about this recommendation. The Board went beyond the previous recommendations and has asked states to include even hands-free devices in the ban.

California has always been a leader when it comes to safety, but we might be surprised to learn that the feds say banning all devices is really the best approach to safety. States have different laws in this area. California allows hands free conversations, but bans texting or hand held calls while driving. This law can be found at California Vehicle Code section 23123.

Probably most of us believe that when we are using a hands-free device while driving we are safe enough. After all, we talk with passengers in our vehicles while we are driving. However, there is reason to believe that there is a distinction with a difference when it comes to talking to someone while using a device. Our behavior changes in subtle ways and when we talk with a passenger in our vehicle, that person can also pay attention to the road and warn us of hazards. A person on the phone with us cannot do that.

Although the NTSB does not have the authority to make the states enact a prohibition on the use of mobile devices -- some states might consider enacting a ban given the strong recommendation made by the feds. The poster case for this is a terrible tragedy that occurred a couple of years ago. Two people were killed and 40 were injured when a person who had been texting while driving, gave rise to a huge and tragic pile-up accident in Missouri. With more accidents resulting from texting and driving, one can only expect the focus on how to stop this practice, will become more in focus over time.

What the NTSB wants us to do is concentrate on our driving. As noted in the statistics from the agency, over 3.000 people die annually due to distracted driving. The agency warns that a routine trip can become tragic in a distracted driving situation. If we put down these devices, many deaths and injuries would be avoided.

If you have been injured in an auto or other motor vehicle accident, the California injury lawyers of Hersh & Hersh can help evaluate your legal rights. Contact us for a free consultation with one of our experienced personal injury and accident lawyers. We have helped many injured victims in our decades of law practice and we want to help you and your family.

Teen Drinking Tragedy Leads to Adult's Arrest

Thu, 12 Jan 2012 08:17:00 -0800

Earlier this week, an Alameda woman was arrested for having allegedly assisted a teen in buying alcohol late last year. The teen was a friend of the woman's child.

Hours after the alcohol was purchased, the teen was dead. She had consumed alcohol and was a passenger in a vehicle that was driven by another intoxicated teen who had been at a party where, presumably, the alcohol was consumed.

As California auto accident lawyers, we are aware of the terrible impact that drinking and driving can have. Families suffer tremendously when a loved one is injured or tragically killed as a result of this dangerous behavior.

The Alameda woman has been arrested on suspicion of furnishing alcohol to a minor. The South San Francisco store clerk and co-owner where the purchase was made has also been arrested. The teen is alleged to have purchased the alcohol, but this is disputed by the store clerk's attorney who reportedly told SF Gate: "[t]here's no evidence that any alcohol was sold directly" to the teen. He noted that the adult made the purchase.

This tragedy unfolded in the early morning hours of the day after the alcohol was purchased. The teen was riding in a vehicle driven by a 19-year-old who was driving at 60 miles per hour on Highway 101. He was unable to stop in time to avoid traffic that was stopped due to a previous crash. Veering at a high rate of speed into the next lane, he rear-ended the car in front of his vehicle. The deceased teen who was riding in the back seat of this vehicle was thrown into the front of the car. She died later at a local hospital.

The teen driver's blood-alcohol level was 0.15 percent, nearly twice the legal limit. He has now pleaded no contest to several charges that include felony drunken driving causing injury, as well as misdemeanor vehicular manslaughter without gross negligence. These crimes carry a sentence of up to four years and four months in prison.

Impaired judgment is only one impact of drinking and driving. Mothers Against Drunk Driving has been battling this behavior for years and has gathered statistics on its website state by state and keeps these up to date. California ranks 21st in DUI deaths nationally with 29 percent of the our fatal road deaths attributed to DUI. California requires ignition interlocks for all convicted drunk drivers in only four of our counties: Alameda, Los Angeles, Sacramento, and Tulare.

The San Francisco law firm of Hersh & Hersh has a long history of improving the public's health and safety. We have a long and stellar history of creating protections for victims of injury.

If you have any questions about our representation of victims and their families in personal injury and auto accident cases, contact our California office to speak directly with one of our attorneys.

California Injury Attorney Blog -- Year in Review

Sat, 31 Dec 2011 09:58:03 -0800

This past year has been very eventful for the San Francisco, California injury lawyers who sponsor the California Injury Attorney Blog. We have represented injured consumers for four decades, in cases in a broad array of matters, involving workers' rights in wage and hour claims, defective medical devices such as defective hip replacements, and accidents of all kinds that have adversely impacted the lives of our clients. We are gratified by the work we do to help our clients through the most difficult experiences of their lives.

Over this past year, we have brought our readers stories and information about serious potential for injury related to medical devices, drugs and other products. We have told you about infant and child safety and recalls related to products that have, or might, cause injury and harm to kids. We have informed you about the victims of defective medical devices, such as defective DePuy Hip Implants, and pharmaceuticals.

We informed you about the hearings of an FDA Advisory Committee in Washington DC that concerned the injuries to women in the use of transvaginal surgical mesh for pelvic organ prolapse and urinary stress incontinence. We attended these hearings to keep you apprised and up-to-date on the status of this growing area of concern for women, as failures and injuries of this surgical method were found to carry too many risks. We told you about the alternative ways of making these repairs for women suffering from various medical issues that do not lead to the great potential for new injuries from surgery.

We successfully litigated several very important wage and hour cases, including those involving Terminix and Marcus & Millichap. In these actions, we were able to secure employees of these companies the wages they were due and had not been paid.

In the Terminix matter, we presented as co-counsel, a landmark case that involved the company's failure to provide rest breaks and required inspectors to work more than the number of hours per day allowed under California law. The inspectors also worked nights and weekends without additional compensation, which was a failure to pay overtime wages. The jury returned a verdict that protected workers' rights.

We settled a major case involving a man who suffered a Mild Traumatic Brain Injury that was caused by a rear-end collision. The significance of this matter has broad implications for those who have been seriously injured, but whose injuries in the past have been ignored because, for example, they do not show up on an MRI. We helped determine and prove that this man had suffered major memory loss, impaired cognition and other debilitating problems, due to a rear-end collision. This injury is only now becoming better understood by experts in brain injury.

We will continue to dedicate our law practice the protection of consumers and the public. If you have any questions about what we do or how we might help you, please contact our law firm to speak with one of our lawyers. Our consultation on any injury or consumer matter is free of charge.

The lawyers of Hersh & Hersh wish all our readers a very happy and healthy 2012.

Wal-Mart Removes Infant Formula After Infant Death

Mon, 26 Dec 2011 10:08:50 -0800

As consumer and injury lawyers, we have been at the forefront of protecting consumers, including children and infants. Just before the Christmas holiday, a number of national retailers joined Wal-Mart Stores, Inc. in removing a specific batch of Enfamil Newborn formula from shelves and distribution centers.

The reason? A newborn baby in Missouri died after consuming the formula from lot number ZP1K7G which was purchased by the baby's parents at their local Wal-Mart in Lebanon, Missouri.

The infant contracted and died from what medical professionals have determined to be a rare bacterial infection. The manufacturer of the formula Mead Johnson Nutrition Co., is reported to have tested the formula prior to shipment, but no bacteria was found. Additional tests are being performed by the manufacturer which has not recalled the product.

Now several other companies have determined that this particular lot of Enfamil Newborn should be removed from their store shelves as a precaution. Walgreen Co. and Supervalu Inc. are among the stores that have decided to take this step. These retailers operate such well known retail stores as Shaw's in New England, Shop 'n Save in St. Louis and Acme in New Jersey and Philadelphia.

Like other families that we have represented, we can only imagine the horrific sorrow that the parents of the infant are experiencing now and our hearts go out to them. The physicians involved in this medical tragedy have determined that the baby passed away from a bacterial infection that is called Cronobacter sakazakii. This bacteria is known to found in such plants as wheat and rice. It also can live in dried milks and powdered formulas which many consumers might assume would not harbor a potentially deadly bacteria.

Various federal agencies are now involved in investigating the situation. Specifically, the Food and Drug Administration, the Centers for Disease Control, as well as the Missouri Department of Health are trying to determine what happened in this case. They have various testing protocols now underway using not only the specific formula given to the infant by his mourning parents, but other related formulas, such as those sold as a liquid as well as the powdered version. Although there is no suspected relationship, another infant became ill after consuming powdered formulas, but that baby recovered.

California's preeminent consumer rights law firm, Hersh & Hersh has led the way in infant and child safety. We were involved in the largest crib recall in the nation's history and other critically important protections for children and infants. Please contact our office for a free consultation with one of our experienced lawyers, for any situation involving defective products and devices, medical implants, such as transvaginal mesh, infant safety, motor vehicle accidents and other consumer or injury matters.