With the recent events involving Salmonella outbreaks, Messa & Associates would like to inform our clients and associates about the importance of educating yourself, the precautions to take in order to avoid Salmonella poisoning, and steps to take if you or someone you know is effected by this outbreak.
As of January 22, 2009, 491 persons have been infected with salmonella in 43 states. Reports say that illness began as early as September 14, 2008 and have been reported through January 8, 2009. Patients range from ages 1-98, with almost half of them being female. Among the infected, reports say that this outbreak may have caused a total of 7 deaths.
Peanut butter has been pinned as the likely source that is causing the infection. According to CDC.Gov, an investigation by the Minnesota Department of Health suggested King Nut brand creamy peanut butter as a likely source of Salmonella infections among many ill persons in Minnesota. The Minnesota Department of Agriculture Laboratory isolated the outbreak strain of Salmonella Typhimurium from an open 5-pound container of King Nut brand creamy peanut butter. King Nut creamy peanut butter is distributed in many states to establishments such as long-term care facilities, hospitals, schools, universities, restaurants, delis, cafeterias, and bakeries. It is not sold directly to consumers and is not known to be distributed for retail sale in grocery stores. It is important to also monitor and check your pets food and treats, as they might be infected as well.
King Nut is produced by Peanut Corporation of America (PCA) in Blakely, Georgia. This facility, which is no longer producing any products, has expanded its recall to include all peanut butter and peanut paste produced at this plant since July 1, 2008. Peanut butter and peanut butter paste was not sold directly to consumers but was distributed to institutions, food service providers, food manufacturers and distributors in many states and countries. Peanut butter and peanut paste is commonly used as an ingredient in many products, including cookies, crackers, cereal, candy, ice cream, pet treats, and other foods.
If you feel that you may be experiencing Salmonella-like symptoms, please contact your doctor immediately. It is important to be aware of the types of foods that may have the contaminated peanut butter, especially when eating out, or if you have pre-packaged food at home.
For more information, please contact someone at Messa & Associates at 215.568.3500.
Monday, January 26, 2009
Monday, January 19, 2009
Statute of Limitations
New Years is about new beginnings, resolutions, and a way to start over with a clean slate. “Being more organized” came in at number nine on a list of top ten New Years resolutions, among others. Recently, Messa & Associates has had many questions aimed at issues regarding statute of limitations; when statutes run and why, how to get an extension, if you can or cannot get an extension and why, and rules depending on the type of claim being pursued. With this in mind, we have decided to address these questions in order to better serve and educate our clients.
Statute of limitations are laws that set the deadline or maximum period of time within which a lawsuit or claim may be filed. The deadlines vary depending on the circumstances of the case and the type of case or claim, and the state.
Statutes may vary by state, in which case, it is always best to contact an attorney immediately following any incident in which you believe legal action may need to be taken. In Pennsylvania, professional negligence actions, including medical malpractice, must be filed within two years. In New Jersey, medical malpractice claims must be commenced within two years from the date of the act or omission giving rise to the complaint, or two years from the date the injury was or reasonably should have been discovered. On the other hand, fraud has up to six years. If you wish to know how the statute of limitations applies to a specific situation, you should verify the statutory time period and its relevance to your situation with a qualified lawyer in your area.
There are several instances when statutes can and/or will be extended, one of the most important being called “the discovery rule.” Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury.
When it applies, the "discovery rule" permits a suit to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered. The discovery rule does not apply to all civil injuries, and sometimes the period of time for bringing a claim post-discovery can be short, so it is important to seek legal assistance quickly in the event of the late discovery of an injury.
There are also other exceptions for statutes being “tolled”, meaning that something has stopped it from running. The victim of the injury was a minor at the time, mental incompetence, or bankruptcy.
If you have any further questions or concerns about statutes of limitations, please do not hesitate to contact someone at Messa & Associates, P.C. at 215.568.3500.
Statute of limitations are laws that set the deadline or maximum period of time within which a lawsuit or claim may be filed. The deadlines vary depending on the circumstances of the case and the type of case or claim, and the state.
Statutes may vary by state, in which case, it is always best to contact an attorney immediately following any incident in which you believe legal action may need to be taken. In Pennsylvania, professional negligence actions, including medical malpractice, must be filed within two years. In New Jersey, medical malpractice claims must be commenced within two years from the date of the act or omission giving rise to the complaint, or two years from the date the injury was or reasonably should have been discovered. On the other hand, fraud has up to six years. If you wish to know how the statute of limitations applies to a specific situation, you should verify the statutory time period and its relevance to your situation with a qualified lawyer in your area.
There are several instances when statutes can and/or will be extended, one of the most important being called “the discovery rule.” Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury.
When it applies, the "discovery rule" permits a suit to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered. The discovery rule does not apply to all civil injuries, and sometimes the period of time for bringing a claim post-discovery can be short, so it is important to seek legal assistance quickly in the event of the late discovery of an injury.
There are also other exceptions for statutes being “tolled”, meaning that something has stopped it from running. The victim of the injury was a minor at the time, mental incompetence, or bankruptcy.
If you have any further questions or concerns about statutes of limitations, please do not hesitate to contact someone at Messa & Associates, P.C. at 215.568.3500.
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