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Legal Matters November 2008

Submitted by jrlaw on Nov 3rd, 2008

In This Issue:

Product Recall Information

Mesothelioma: What is it?

Magnesium Sulfate to Prevent Cerebral Palsy?

The Rasansky Law Firm's Laws of Humor


Product Recall Information

Parents and caregivers be warned: Stop using top using convertible "close-sleeper/bedside sleeper" bassinets manufactured by Simplicity Inc., of Reading, Pa. The Consumer Product Safety Commission issued an extremely strict WARNING and SAFETY ALERT as a result of two reported deaths stemming from the use of these of baby sleeper beds.

On August 21, 2008, a 5-month-old girl from Shawnee, Kansas, an infant was tragically strangled to death when she became entrapped between the bassinet’s metal bars. In less than a year, this was the second needless death resulting from the poorly designed and manufactured bassinet. Just 11 months earlier, a 4-month-old girl from Noel, Missouri became lodged and entrapped in the metal bars and asphyxiated to death.

According to the CPSC SAFETY ALERT, these deadly and dangerous products are defective in that they contain metal bars spaced farther apart than 2 3/8 inches, which is the maximum distance allowed under the federal crib safety standard. An infant is prone to slip through the metal wide gaping spaces and suffocate to death.

Due to the serious hazard these bassinets pose to babies, CPSC urges all consumers to share this safety warning with day care centers, consignment stores, family and friends to ensure that no child is placed to sleep in a Simplicity convertible bassinet covered by this warning.

This SAFETY ALERT and WARNING applies to the Simplicity 3-in-1 and 4-in-1 convertible bassinets. SFCA Inc., who recently acquired the Simplicity, Inc. assets from public auction, denies responsibility for the baby sleepers because it states that it did not manufacture the bassinets. In addition, SFCA continues to place profits over the safety and well being of our children and refuses to recall the products in question. How tragic and stupid.

For more information, see please see the subsequent press release regarding retailer actions involving this product, NEWS from CPSC, U.S. Consumer Product Safety Commission, Infants Strangled to Death in Simplicity Bassinets: CPSC Urges Consumers to Stop Using Simplicity 3-in-1 and 4-in-1 Convertible "Close-Sleeper" Models


The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency's jurisdiction. Deaths, injuries and property damage from consumer product incidents cost the nation more than $800 billion annually. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or visit CPSC's web site at www.cpsc.gov/talk.html. To join a CPSC email subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain this release and recall information at CPSC's Web site at www.cpsc.gov


Mesothelioma: What is it?

The word "mesothelioma" is one of the most competitive "key words" or "pay per click" advertising word on the internet. Often times, attorneys or attorney referral sites pay $75 or more every time a consumer clicks on the word "mesothelioma" on the internet.

Invariably, if you watch television, or open the yellow pages, undoubtedly, you will see yet another attorney or attorney referral site looking for "meso" cases. Obviously, the question is why - why do so many attorneys want these cases?

Tragically, more than 2000 new cases of mesothelioma are diagnosed each year. Mesothelioma is a form of cancer that affects the lungs or the abdomen. Although it is quite rare, it is nearly always the result of exposure to asbestos. Typically, mesothelioma has an incubation period of 30 or more years - in other words, people who were exposed to asbestosis in the 1970’s may not start developing this type of cancer until now.

Asbestos has been used in industry since the1800s and at the beginning of the century. During the 1940’s through the 1980’s companies began to manufacture and sale this product despite the known dangers caused by asbestosis. Asbestosis was used in shipping yards, manufacturing plants, oil and gas refineries, and other industrial sites by innocent, hard working Americans.

These workers, over time, became exposed to the long, thin, fibrous crystals from the asbestosis mineral. These fibers would be inhaled by the workers, become lodged in the workers lung and lining of the lungs, and become stuck in the lung tissue. These mineral particles - lodged in the lungs - continue to grow over a period of time, causing the deadly and incurable disease.

Mesothelioma is most often diagnosed in the lungs, but in some cases, it is found in the peritoneum. Pleural mesothelioma affects the linings of the lungs, while Peritoneal mesothelioma affects the abdominal wall.

There are numerous classic symptoms associated with Mesothelioma. They include, such things as:

Shortness of breath
Difficulty breathing
Fluid in the lungs
Unexplained fatigue
Constant chest pain
Abdominal swelling
Weight loss

The following types of American workers are categorized at maximum risk of being exposed to asbestos and therefore acquiring mesothelioma.

Construction workers
Building renovators
Ship builders
Those who build auto clutch and brake parts

Typically, mesothelioma is diagnosed by a biopsy of the lung tissue. A pathologist will examine the tissue to determine if the tissue sample is indeed mesothelioma. Unfortunately, by the time mesothelioma is diagnosed, the patient’s prognosis is very grim.

We recognize that this great country was built by the sweat, determination and hard work of those great American workers who came before us. No doubt, numerous companies made billions of dollars placing extremely dangerous and defective products into the stream of commerce at the expense of the workers who built this country. Any one who has been afflicted with this awful disease is most deservedly entitled to compensation.

We represent clients and families whose loved ones have suffered the pains and tragedies associated with this terrible disease. It is imperative that you hire experienced and aggressive attorneys who have the knowledge and ability to handle this kind of complex case and the resources to fight some of the biggest companies in the world.


Magnesium Sulfate to Prevent Cerebral Palsy?

The New England Journal of Medicine reports that a mother who may at risk of delivering a baby prematurely may reduce her child's risk of cerebral palsy by taking magnesium sulfate - this according to a study involving researchers at the University of Utah.

In this study - most of the 2241 studied, pregnant women had preterm ruptured membranes before labor. Prior to delivery, these expectant mothers were randomly prescribed intravenous magnesium sulfate or a placebo. Typically, magnesium sulfate is used to a moderately effective treatment to stop premature labor, said Michael W. Varner, professor and vice chair for research in Obstetrics and Gynecology at the University of Utah.

Yet, these researchers began question the potential of magnesium sulfate to combat cerebral palsy after analyzing California birth certificates. The research clearly indicated that premature babies who were delivered by mothers - who were exposed to magnesium sulfate during birth - had reduced rates of cerebral palsy.

One happy mother is Christi Johnson - she agreed to participate in the study in 2004 when she learned that her son may be born prematurely. Her son weighed just 3 pounds when he was born at 31 weeks. Today, her son Tagger is now a healthy 4-year-old.

This study referenced in this story was funded by the National Institute of Neurological Disorders.

For more information about cerebral palsy, visit http://www.ucp.org and http://www.cerebral-palsy-information.com


The Rasansky Law Firm's Laws of Humor

In Texas:
It is illegal to take more than three sips of beer at a time while standing.
It is illegal for one to shoot a buffalo from the second story of a hotel.
It is illegal to milk another person’s cow.

In Massachusetts:
It is illegal to give beer to hospital patients.
At a wake, mourners may eat no more than three sandwiches.
No gorilla is allowed in the back seat of any car.

In Alaska:
While it is legal to shoot bears, waking a sleeping bear for the purpose of taking a photograph is prohibited.
It is considered an offense to push a live moose out of a moving airplane.

In New York:
It is illegal for a woman to be on the street wearing "body hugging clothing".
A fine of $25 can be levied for flirting.
A person may not walk around on Sundays with an ice cream cone in his/her pocket.
While riding in an elevator, one must talk to no one, and fold his hands while looking toward the door.