According to the Philadelphia Daily News, another family has suffered due to defective smoke detectors. Desiree Wylie of Coatesville, PA lost her 11-year-old son and her 2 grandsons due to a house fire. She claims to have had 7 smoke detectors scattered throughout her home, but none were sounding as she woke up and tried to reach the children. The boys' death was due to severe smoke inhalation.
As previously stated, these ionization smoke detectors can mean the difference between life and death. There are 2 types of smoke detectors available to the consumer: photoelectric and ionization. Photoelectric are designed to detect slow, smoldering fires, while ionization smoke detectors are less sensitive to detecting these types of common household fires. These types of alarms are more alert to fast, flash fires, which are not as common, but just as deadly. It has been stated that it is best to own both, photoelectric and ionization smoke detectors, in order to avoid such tragedies.
Kidde Inc., one of the nations largest manufacturer and distributor of smoke detectors, has been accused of misleading consumers about the importance of having both ionization and photoelectric smoke detectors. Messa & Associates is still in the discovery process of the family of 7 who perished in a house fire due to these disturbing consequences. Messa has handled several other cases involving smoke detector defects, including a $3.7 million dollar recovery for the death of a 9-year-old boy in a house fire, and a $1 million dollar recovery for faulty smoke detectors.
Messa & Associates is one of the few law firms through out the country with experience and expertise in these defective smoke detector claims. If you or someone you know has been effected by a similar accident and would like more information regarding these or other matters, please contact our office immediately at 866.403.4LAW or 215.568.3500.
Wednesday, March 4, 2009
Friday, February 20, 2009
Old Navy Toy Recall
Old Navy Stores recently recalled approximately 40,900 "stuffed creature toys" that have been distributed throughout U.S. and Canada. The stuffed toys, made in the U.S., come in a variety of styles, such as a rabbit, penguin and reindeer. They were sold at Old Navy Stores and on its Web Site from July through February. They have been recalled due to the 2 button eyes that could detach, posing a choking hazard to young children.
Smoke Detector Defects
Messa & Associates is currently representing the estate of a family of 7, who perished in a house fire due to faulty smoke detectors. The family included 5 children, 2 of whom were twin boys. Evidence shows that the ionization smoke detectors, designed, manufactured, and sold by Kidde Inc., were defective because they failed to sound an alarm despite significant smoke inside the house.
Manufactures have designed two types of smoke detectors: ionization smoke detectors and photoelectric smoke detectors. Despite both of these products being marketed as “smoke detectors” and “smoke alarms”, ionization smoke detectors fail to detect slow smoldering fires, the typical type of home fires that burn very slowly, and fill a home with smoke. These types of fires, which occur in 80% of household fires, commonly occur at night while the family is asleep.
In lieu of this tragedy, we ask that people please use caution and educate themselves when purchasing smoke detectors for your home. If you have any questions, or have been involved in an accident involving defective smoke detectors, please contact our office immediately at 215.568.3500.
Important Facts:
Manufactures have designed two types of smoke detectors: ionization smoke detectors and photoelectric smoke detectors. Despite both of these products being marketed as “smoke detectors” and “smoke alarms”, ionization smoke detectors fail to detect slow smoldering fires, the typical type of home fires that burn very slowly, and fill a home with smoke. These types of fires, which occur in 80% of household fires, commonly occur at night while the family is asleep.
In lieu of this tragedy, we ask that people please use caution and educate themselves when purchasing smoke detectors for your home. If you have any questions, or have been involved in an accident involving defective smoke detectors, please contact our office immediately at 215.568.3500.
Important Facts:
*Annually, more than 17,000 people are injured or die due to home fires.
*Ionization Smoke Detectors- Manufactured by Kidde Inc., are designed to detect fast flaming fires that give off little smoke. Ionization technology does not respond fast or at all to slow smoldering, smoky fires which are the most common types of residential fires. The most common household smoke detector on the market.
*Smokey fires often go undetected by ionization detectors. In fact, the level of smoke in a house can reach a fatal level long before the so-called smoke detectors go off.
*Slow-burning fires account for by far the largest percentage of home fire deaths.
*Photoelectric Smoke Detectors- Designed to detect slow-burning fires, as well as flash fires that the ionization detects. Cost about $20 and the technology has been available for almost 30 years.
Some smoke detectors offer “dual sensors” which means that the smoke detector has both ionization and photoelectric technology.Kidde is aware of this “dual sensor” technology, yet they still manufacture the ionization only smoke detectors to the public.
*Numerous cases are pending across the country for deaths and injuries caused by these ionization smoke detectors.
*Ionization smoke detectors are currently marketed as “smoke alarms” and “smoke detectors” even though Kidde Inc. is aware of the numerous fatalities and injuries across the country, and the fact that these ionization smoke detectors significantly do not work.
*In a recent letter, Kidde Inc., stated that they recommend that, “consumers use both types of smoke alarms in their homes.” With this statement, there still has been no change to the label and packaging of the ionization smoke detector explaining the importance of owning both photoelectric and ionization smoke detectors.
*Some ionization detectors work only on a battery, and are subject to battery failure.
*According to tests performed by the US National Bureau of Standards, the improved photo-electric detectors provide 2 to 3 times more chance of escape than the ionizing type of detector containing Americium. According to an article by G. Blair, in the Journal: Politics and Other Human Interests, 31 January 1978, smoldering fires account for about 75% of all home fires.
Monday, February 16, 2009
Buffalo Plane Crash
Friday, February 13, 2009 by Joseph L. Messa
Airplane crashes can be caused by a multitude of different reasons:
Poor maintenance
Inadequately trained maintenance personnel
Inadequate pilot training
Pilot error
Air traffic controller error
Inadequate safety precautions
Other
Weather Conditions
In each case, there can be several different factors that contribute to a plane crash. The recent tragic crash of Continental Connection Flight 3407 is no different. Investigators are not yet sure what caused the Bombardier Dash 8 Q400, a 74-seat turboprop, to crash into a home in Clarence Center, New York, about seven miles outside of the Buffalo Niagara International Airport.
The plane had taken off from Newark International Airport and was bound for Buffalo Niagara. The National Transportation Safety Board has recovered the flight cockpit voice and data recorders (the black boxes), but the cause of the crash is still under investigation. According to the Associated Press, experts were analyzing data from the black boxes, including statements by crew members about a buildup of ice on the wings and windshield of the plane, Chealander said. A full report will likely take a year.
"We're in the very early stages of the investigation," he said. "The icing and other things are just preliminary focuses."
One aspect of the investigation will focus on the crew, how they were trained and whether they had enough time to rest between flights. Other investigators focused on the weather, the mechanics of the plane and whether the engine, wings and various mechanics of the plane operated as they were designed to.
But authorities have yet to pin that as the cause of the crash, which occurred during a light snow and mist, killing 49 people on the flight and one man in the home.
Ice on wings can cripple an aircraft and has been blamed for several previous plane crashes. Other aircraft in the area Thursday night told air traffic controllers it also experienced icing around the time that Flight 3407 from Newark, N.J., to Buffalo went down. Other flight crews landing at Buffalo Niagara have reported wing icing, though it is not clear at this time if this was a factor in the traffic crash.
All 49 passengers and crew on board the plane were killed when it went down at about 10:20 PM Thursday evening. Another person was killed when the plane struck his home. Two other occupants of the home were treated and released from the local hospital for relatively minor injuries.
Residents were evacuated from the crash area, and people are being cautioned to stay away from the scene, so that evidence will be properly preserved and investigators determine what caused the crash.
If you or a loved one has been involved in an airplane accident, it is in your best interest to seek the advice of the aviation accident lawyers at Messa & Associates for a full evaluation of the details of your case. Their expert advice comes from years of experience helping victims of accidents acquire the compensation that is essential for putting life back together after a tragedy. A consultation is available to you at no charge and at a time of your convenience. Call 1-866-403-4LAW (1-866-403-4529) today to speak with a legal expert about the best ways to restore your life to the quality it had prior to a difficult experience. Messa & Associates will help you overcome the obstacles.
Family, friends, and loved ones of those on the Continental Connection Flight 3407 were directed to Clarence Municipal Center and can call this helpline for further information regarding their loved ones: 1-800-621-3263.
Airplane crashes can be caused by a multitude of different reasons:
Poor maintenance
Inadequately trained maintenance personnel
Inadequate pilot training
Pilot error
Air traffic controller error
Inadequate safety precautions
Other
Weather Conditions
In each case, there can be several different factors that contribute to a plane crash. The recent tragic crash of Continental Connection Flight 3407 is no different. Investigators are not yet sure what caused the Bombardier Dash 8 Q400, a 74-seat turboprop, to crash into a home in Clarence Center, New York, about seven miles outside of the Buffalo Niagara International Airport.
The plane had taken off from Newark International Airport and was bound for Buffalo Niagara. The National Transportation Safety Board has recovered the flight cockpit voice and data recorders (the black boxes), but the cause of the crash is still under investigation. According to the Associated Press, experts were analyzing data from the black boxes, including statements by crew members about a buildup of ice on the wings and windshield of the plane, Chealander said. A full report will likely take a year.
"We're in the very early stages of the investigation," he said. "The icing and other things are just preliminary focuses."
One aspect of the investigation will focus on the crew, how they were trained and whether they had enough time to rest between flights. Other investigators focused on the weather, the mechanics of the plane and whether the engine, wings and various mechanics of the plane operated as they were designed to.
But authorities have yet to pin that as the cause of the crash, which occurred during a light snow and mist, killing 49 people on the flight and one man in the home.
Ice on wings can cripple an aircraft and has been blamed for several previous plane crashes. Other aircraft in the area Thursday night told air traffic controllers it also experienced icing around the time that Flight 3407 from Newark, N.J., to Buffalo went down. Other flight crews landing at Buffalo Niagara have reported wing icing, though it is not clear at this time if this was a factor in the traffic crash.
All 49 passengers and crew on board the plane were killed when it went down at about 10:20 PM Thursday evening. Another person was killed when the plane struck his home. Two other occupants of the home were treated and released from the local hospital for relatively minor injuries.
Residents were evacuated from the crash area, and people are being cautioned to stay away from the scene, so that evidence will be properly preserved and investigators determine what caused the crash.
If you or a loved one has been involved in an airplane accident, it is in your best interest to seek the advice of the aviation accident lawyers at Messa & Associates for a full evaluation of the details of your case. Their expert advice comes from years of experience helping victims of accidents acquire the compensation that is essential for putting life back together after a tragedy. A consultation is available to you at no charge and at a time of your convenience. Call 1-866-403-4LAW (1-866-403-4529) today to speak with a legal expert about the best ways to restore your life to the quality it had prior to a difficult experience. Messa & Associates will help you overcome the obstacles.
Family, friends, and loved ones of those on the Continental Connection Flight 3407 were directed to Clarence Municipal Center and can call this helpline for further information regarding their loved ones: 1-800-621-3263.
Friday, February 6, 2009
Drug Recalls
Due to the increase and severity of prescription medication recalls and deaths, Messa & Associates would like to educate our clients on some useful tips and information that could help save the life of you or a loved one. We ask with much consideration and respect that you take this matter very seriously, and please contact someone at our offices if you have any questions or concerns.
One of the most recent drug recalls was 50 microgram/hour DURAGESIC CII patches, sold by Pricara,a division of Ortho-McNeil-Janssen Pharmaceuticals. This patch is used to manage persistent moderate to severe chronic pain that needs to be treated around the clock. The result of this patch is possible release of "fentanyl gel" from the gel reservoir into the pouch in which the patch in packaged, exposing patients or caregivers directly to fentanyl gel. Exposure to fentanyl gel may lead to serious adverse events, such as respiratory depression and possible overdose, which may be fatal. Anyone using these patches need to check the package to see if it is the the recalled product.
Another more serious drug recall handled by Messa & Associates was with Children's Motrin, and the effects it had a nine-year0old little girl in 1996. She was taken to her pediatrician who prescribed newly available over-the-counter Children’s Motrin, which she continued to take for a week. She eventually developed hundreds of tiny blisters on her face, ears, and throat, and burning of her corneas. She was taken to Boston Children’s Hospital where she was diagnosed with Vanishing Bile Duct Syndrome (VBDS), Erythematic Multiform (EM), Stevens-Johnson syndrome (SJS), and Toxic Epidermal Necrolysis (TEN). The now twenty-one-year-old is currently on the waiting list for a second liver transplant because her condition continues to deteriorate.
If you or someone you know has been involved in a similar incident, please contact someone at Messa & Associates at 215.568.3500. For more information on drug recalls, please visit Messalaw.com or FDA.gov.
One of the most recent drug recalls was 50 microgram/hour DURAGESIC CII patches, sold by Pricara,a division of Ortho-McNeil-Janssen Pharmaceuticals. This patch is used to manage persistent moderate to severe chronic pain that needs to be treated around the clock. The result of this patch is possible release of "fentanyl gel" from the gel reservoir into the pouch in which the patch in packaged, exposing patients or caregivers directly to fentanyl gel. Exposure to fentanyl gel may lead to serious adverse events, such as respiratory depression and possible overdose, which may be fatal. Anyone using these patches need to check the package to see if it is the the recalled product.
Another more serious drug recall handled by Messa & Associates was with Children's Motrin, and the effects it had a nine-year0old little girl in 1996. She was taken to her pediatrician who prescribed newly available over-the-counter Children’s Motrin, which she continued to take for a week. She eventually developed hundreds of tiny blisters on her face, ears, and throat, and burning of her corneas. She was taken to Boston Children’s Hospital where she was diagnosed with Vanishing Bile Duct Syndrome (VBDS), Erythematic Multiform (EM), Stevens-Johnson syndrome (SJS), and Toxic Epidermal Necrolysis (TEN). The now twenty-one-year-old is currently on the waiting list for a second liver transplant because her condition continues to deteriorate.
If you or someone you know has been involved in a similar incident, please contact someone at Messa & Associates at 215.568.3500. For more information on drug recalls, please visit Messalaw.com or FDA.gov.
Monday, January 26, 2009
Salmonella Alert
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.
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 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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