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Settlement Reached in Case of Michigan Body Dumped in Landfill

Clayton Kent — Mon, 22 Jun 2009 18:12:06 GMT

If losing a family member was not already traumatic enough, imagine the nightmare of having the body of your loved one disappear from the funeral home you have entrusted with the remains. Worse yet, what if the body was picked up by a waste hauler and then buried in the local landfill. For the Jordan family of Holland, Michigan, this movie-like nightmare became a reality in January 2006 when the body of Erwin Jordan was picked up from the Notier-VerLee-Langeland Funeral Home by waste hauler Priority Arrowaste. A suit brought by the family against both the funeral home and the waste hauler, was recently settled out of court for an undisclosed amount. While the details of the settlement are bound by a confidentiality agreement, the Jordan family attorney, Jules Olsman, described the settlement as satisfactory.

The Jordan family filed a lawsuit after Priority Arrowaste, who was collecting recyclables from a garage at Notier-VerLee-Langeland Funeral Home, accidently collected a white box in the process. The box, labeled “Jordan,” contained the remains of Mr. Jordan. His body was being stored in the garage for space reasons, which the funeral home would occasionally do in the winter months. Jordan’s body was being stored while waiting for the family’s authorization to have the body cremated.

The remains of Mr. Jordan were found missing the morning after they were picked up. After two days of searching at the Autumn Hills Landfill, police, with the help of cadaver dogs, failed to locate the remains of Mr. Jordan.

Businesses Argue Over Liability

The family sued both businesses, seeking more than $1 million in damages. The funeral home and waste hauler filed cross claims against each other, trying to shift the blame of the mishap. The court ruled that Arrowaste was excluded from liability to the family, but not from its contract with Notier-VerLee-Langeland. The main part of the argument was whether the white box containing Mr. Jordan’s remains was within a few inches of recyclables in the garage, as Arrowaste claimed, or on the opposite side of the garage, as the funeral home claimed.

The two companies and Jordan’s family reached a settlement through mediation. Regardless of the settlement, or who is actually at fault, Mr. Jordan's body remains in the Auburn Hills landfill.

The original article can be found in the Grand Rapids news.

Originally posted at InjuryBoard by Clayton Kent

Funeral Home Negligence: CA Mortician Loses License

Laura Blatt — Thu, 17 May 2007 00:32:55 GMT

A mortician's license was indefinitely suspended for improperly storing bodies, allowing them to decay in a warehouse without proper refrigeration. Anthony Villeggiante is co-owner of Abby Chapel of the Redwoods in Rohnert Park, California. The mortuary has now been shut down.

When state inspectors checked the warehouse in March, they found nine bodies. A swamp cooler and baby powder did nothing to protect these bodies from decay, the Cemetery and Funeral Bureau said.

Funeral Home Abuses Are Too Common

Sadly, Abby Chapel is not the first mortuary to improperly store and handle human remains. Cases of funeral home negligence or malpractice involve improper embalming of a decedent, losing the remains, mixing the ashes of several bodies during cremation and even taking organs and severing body parts from the deceased before burial or cremation, and are more common than one would ordinarily think. These are horrible crimes committed against grieving families, and it becomes important to locate and use reputable, compassionate funeral homes when the need arises.

Funeral Home Owners Arrested

As for Mr. Villeggiante, the story of his troubles does not end with the loss of his mortician's license. He was arrested on May 10, along with his partner, for allegedly embezzling from a nonprofit. They are charged with soliciting donations of cars for the nonprofit agency, selling the vehicles and keeping the funds for themselves, or keeping the cars for personal or business use, and providing false tax documents to the donors.

Originally posted at InjuryBoard by Laura Blatt

Even Barbie's Puppy Cannot Escape Lead Paint Recall

Clayton Kent — Wed, 05 Sep 2007 16:21:52 GMT

The Mattel toy recalls have now reached Barbie. Mattel voluntarily recalled more toys as a result of lead paint posing a dangerous threat to infants and small children. Barbie's own puppy has been recalled due to toxic levels of lead paint, as have many other product lines. This is now the third recall of Mattel toys, and it includes 675,000 Barbie accessories, but for now, Barbie herself is not involved. All of the toys involved in the recall were manufactured, at least in part, in China, and sold during 2006 and 2007. It is anticipated that the recalls will continue, and that other toy manufacturers will also follow Mattel's lead and issue recalls.

For more information on this subject matter, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Clayton Kent

Kaiser Arbitration Agreement Held Invalid

Clayton Kent — Fri, 23 May 2008 17:49:52 GMT

Earlier this year, the Third Appellate District of California held that the Kaiser mandatory arbitration agreement contained within its Enrollment Application/Change Form did not substantially comply with the requirements for a valid arbitration agreement under California law. This decision could have substantial impact on future medical malpractice cases against California Kaiser facilities. In the past, Kaiser has almost always been successful in forcing disputes to be handled in their own arbitration program, rather than in the courts. This decision, at least until Kaiser changes their forms, will seem to allow patients injured as a result of alleged medical malpractice to bring their claims before a judge and jury.

Originally posted at InjuryBoard by Clayton Kent

Public Justice Formally Joins Bleed Air Lawsuit

Brandon West — Mon, 05 Oct 2009 20:14:24 GMT

For Terry Williams, the health effects of contaminated bleed air have been life altering. A flight attendant for 17 years, Ms. Williams suffered injuries preventing her from working, from taking care of her children, and from functioning in a manor she would consider normal. Doctors have connected her injuries with an exposure to bleed air contaminated with toxic engine oil fumes.

“Public Justice is joining this case because toxic bleed air is a problem of national importance,” said Leslie Brueckner, the lead Public Justice attorney on the case. “One of Public Justice’s core missions is to use damage litigation to compensate victims of corporate misconduct. Success in this case will also create a financial incentive for Boeing to get the poison out of the air breathed by its passengers and crew members.”

The case focuses on the design of the passenger ventilation system used by McDonnell-Douglas on the MD-82, which ‘bleeds’ compressed air off from the engines and is routed back to the passenger compartment. The design of the airplane’s ventilation system would permit toxic chemicals from burned engine oil or hydraulic fluid to enter the cabin air supply without filtration.

This case could have broad reach in the travel industry in regards to public health and safety. For airlines, this could start a pro-active process in addressing safety issues like contaminated bleed air before people are injured.

Toxic Bleed Air – Additional Information

The complaint: Williams v. McDonnell Douglas Corp.

Prior coverage: Airplane Ventilation System Defect the Focus of Air Bleed Contamination Case

Informative reading: The Airliner Cabin Environment and the Health of Passengers and Crew

Originally posted at InjuryBoard by Brandon West

Airplane Ventilation System Defect the Focus of Air Bleed Contamination Case

Brandon West — Thu, 03 Sep 2009 12:37:06 GMT

For former flight attendant Terry Williams, there is no doubt in her mind that the ventilation system used on the McDonnell Douglas MD-82 is defective, potentially exposing passengers and airline employees to dangerous toxic chemicals. Unfortunately for Ms. Williams, part of the proof is in the permanent side effects she lives with daily after being exposed to toxic chemicals that entered the cabin through a malfunction of the plane’s bleed air ventilation system.

In addition to recirculating cabin air, the MD-82 utilizes a system that bleeds off compressed air from the engines and after cooling, routes into the cabin. Through normal use, oil, hydraulic fluid and other contaminants can sometimes enter the compressor side of the engine, releasing toxic gases as they burn, which is then pumped back into the cabin. This gas contains toxic organophosphates known as TCPs (tricresyl phosphate), a chemical found in nerve agents, pesticides and insecticides which is known to cause dizziness, fatigue, respiratory diseases, bronchial spasms, and neurological impairments in cognitive functioning, headaches, speech impairments, and peripheral neuropathies, including uncontrolled tremors. At this time, no civilian commercial aircraft utilizing a bleed air ventilation system is currently equipped with any filtration, sensors or warning system to alert crews to contaminants in the air of the cabin or flight deck.

Studies Show Toxic Fume Events Occur Daily on Flights

As reported by CNN, studies on fume events show they are more common than one might think. A National Research Council report in 2002, using data from three Canadian airlines, said that on one aircraft model, nearly four out of 1,000 flights had a fume event.

The Committee on Toxicity in the United Kingdom, a group made up of independent experts who advise government agencies, said in September 2007 that pilots reported events in 1 percent of flights and that maintenance inspected and confirmed incidents in 0.05 percent of flights.

"These frequency estimates may all sound low, but consider that there were 10.65 million flights on U.S. registered aircraft in 2008. Even 0.05 percent of flights translates into about 14 events per day," said Judith Murawski, an industrial hygienist with the Association of Flight Attendants-CWA, who has studied the issue for more than nine years.

Public Justice Lawyers Representing Rights of Flight Attendant

Public Justice Foundation members Mike Withey and Alisa Brodkowitz filed suit against McDonnell Douglas and Boeing, the manufacturers of the MD-82 aircraft, in Washington state court on April 9, 2009. The suit alleges that McDonnell Douglas and Boeing designed, manufactured, and sold an aircraft that is defective under Washington law in the design of its environmental control system, bleed air system, air delivery system, filtration system, and ventilation system.

The defendants filed an answer on August 11, 2009. The answer generally denied any product defect but admitted that the industry has, “for decades,” been aware of “bleed air contamination” and that TCP is a toxic substance.

Originally posted at InjuryBoard by Brandon West

Defective Cell Phone Battery Poses Potential for Injury

Clayton Kent — Wed, 15 Aug 2007 16:58:35 GMT

Nokia has issued a voluntary product advisory concerning a specific battery used in their phones, that can overheat during charging, and pose a potential for fire and injury. In August, Nokia, the leading manufacturer of cell phones, issued a product advisory for the Nokia-branded BL-5C battery. Matsushita Battery Industrial Co. Ltd. of Japan manufactured the BL-5C battery for Nokia between December 2005 and November 2006. While no serious injuries or damages have been reported, the battery is succeptible to overheating during charging due to a short circuit. This potential fire risk could affect up to 46 million cell phones.

For more information on this subject matter, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Clayton Kent

Many Pleasant Care Facilities Sell at Auction, Despite History of Nursing Home Violations

Laura Blatt — Fri, 20 Jul 2007 23:26:14 GMT

Twenty-one California nursing homes owned by the bankrupt Pleasant Care Corp. were sold at auction earlier this month, despite their history of violations and substandard care. The buyers included LifeHouse Retirement Properties, Bina Bhatia and HC Management.

"You won't see any cutbacks in care, although there might be changes made to improve efficiency," said the CEO of LifeHouse, Lou Andriotti, about the four Pleasant Care nursing homes that the company purchased (Press-Enterprise, July 11, 2007).

Unfortunately, it's difficult to find this statement reassuring, at least not for the elderly, frail residents who make Pleasant Care facilities their home. Avoiding "cutbacks in care" when care is substandard already may not be enough. We hope that we don't see an emphasis on the bottom line rather than on upgrading the deplorable conditions in these nursing homes.

As I mentioned in other columns, Pleasant Care facilities have a dismal record. Emmanuel Health Care in Norwalk was fined $80,000 because of the death of one of its residents due to poor care. Two residents died at Pleasant Care nursing homes in Ukiah and Novato, allegedly due to neglect and negligence. At Pleasant Care Convalescent of Petaluma, 76-year old Peggy Keel died of an oral infection that went untreated, resulting in a $100,000 fine for the facility, according to the Santa Rosa Press Democrat. Pleasant Care reached a $1.3 million settlement with the state last year, again based on charges of inadequate services and low quality care for its residents.

Originally posted at InjuryBoard by Laura Blatt

Mattel Issues Recall of Defective Toys

Clayton Kent — Tue, 14 Aug 2007 15:47:46 GMT

For the second time in a month, Mattel, the largest toy company in the world, issued a recall of defective toys that were manufactured in China.

The company, in a statement issued from its American headquarters, said it was recalling a total of 436,000 toys marketed in the United States and elsewhere that had "impermissible levels of lead."

As a result, the export license of Lee Der International, the company that made the defective toys, has been revoked by Chinese regulators, who discovered that the company was using a fake lead-free paint pigment in the toys. This recall follows on the heels of another defective toy recall by an Illinios corporation, that recalled 1.5 million Thomas & Friends wooden railway sets due to excessive levels of lead paint.

While lead paint has long been restricted from being used in toys made for sale in the United States, Europe and even China, it remains much cheaper than lead-free paint. Companies here say lead paint is sometimes preferred because it offers richer colors, is easier to apply and easier to dry. And so some companies continued to blend it into paint supplies, according to toy consultants.

Lead has long been classified as a toxic chemical by the National Institute for Occupational Safety and Health. It is particularly dangerous when ingested by children and infants, and has been linked to severe developmental delays.

For more information on this subject matter, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Clayton Kent

Money Talks - Elder Abuse is not Always Physical

Clayton Kent — Mon, 17 Nov 2008 17:57:07 GMT

The less talked about side of elder abuse isn't related to physical abuse. Seniors can be an easy target for investors looking to pad their own bank accounts. Caregivers, utilizing their position of trust, can gain access to finances for their own personal gain. Dishonest acts like this are not a fallacy, but a stark reality for a number of North Bay residents. There is the ongoing saga with Gary Armitage and the now defunct AGA Financial, currently being investigated for fraud. A recent settlement that returned $2.1 million to an estate after uncovering a variety of financial schemes that transferred funds and property rights to caretakers.

Steps to Prevent Financial Elder Abuse

While there is no cure-all to stop financial abuse, there are steps that can be taken to help limit unnecessary risk to financial exploitation.

Document all financial arrangements. Get your instructions in writing - this will help protect you and limit future misunderstandings.
Understand Life-Long care agreements. Document the agreement and specify any compensation that will be paid to the caregiver.
Have someone review financial agreements. Have an attorney or financial consultant explain how changes in agreements will directly effect you.
Be cautious of joint bank accounts. Both parties are equal owners of the account and have equal access to funds. This can be an easy path for someone to access your money.
Understand any power of attorney agreement. Before assigning a power of attorney, make sure you understand the authority you are giving,and know the person you are giving the authority. If there is going to be any compensation, specify the amount in the agreement.
Ask for help. Financial matters can be confusing. Ask for clarification from trusted family sources, financial advisers, a social worker or other professional.
Stay connected to the community. Isolation increases the risk of becoming a victim of financial abuse. Find ways to participate within the community. The Sonoma County RSVP and San Francisco RSVP (Retired Senior Volunteer Programs) are great resources for volunteering opportunities.

These are just a few of the many steps you can take to protect yourself against financial abuse. While there is no magic formula to stop this type of exploitation, being educated and informed is the best defense to safeguard your assets.

For a more complete list of the above financial protection tips, please download the Project SAFE pamphlet.

For reporting suspected abuse, call California State Attorney General's toll-free hotline at: 1(888) 436-3600 or download the Adult Protective Services County Contact List.

Originally posted at InjuryBoard by Clayton Kent