Trial Lawyer Resource Center

A recent study concluded that powdered infant formula can cause serious illness or death in infants.  The infants are typically diagnosed with Meningitis,Salmonella, Sepsis or Bacteraemia.  These illnesses can often lead to brain damage or death.  Powdered infant formula can be contaminated with harmful bacteria during the manufacturing process or contaminated if not handled properly.  Doctors often diagnose the illness as Meningitis, Salmonella, Sepsis, or Bacteraemia.  These illness can be caused by the bacteria  E. Sakazakii.

Over the past 40 years that have only been 50 reported cases of people effected with E. Sakazakii, but there is evidence to suggest that many cases go unreported. Most of the reported cases have been infants with the death rate being between 33% and 50% in infants. Infants that do survive usually suffer permanent brain damage.

E. Sakazakii can be found in the environment, but scientific studies have linked the infection in infants to powder infant formulas. Powder Infant Formulas are not sterile and can become contaminated with high amounts of E. Sakazakii during the manufacturing process, or by improper preparation, dilution, storage, or hygiene.

Research has concluded that infants most at risk for becoming infected are those with  Low birth weights or less than two months old. This condition also suggest that infected infants may be lacking sufficient colonization of the gastrointestinal tract with normal bacterial flora to compete with the opportunistic pathogen, E. sakazakii. Similarly, in the adult cases, most had underlying diseases that could have increased their chances of being infected with E. sakazakii.

Infants that are infected by E. sakazakii show the following symptoms:  poor feeding response, irritability, jaundice, grunting respirations, and instability of body temperature. As the infection progess infants will being to suffer from severe neurological impairment, Ventriculitis, brain cysts and abscesses, cerebral infarction, and hydrocephalus.

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There is an article today in the “Maryland Daily Record” titled, “Beware of Bow Ties and Diamonds in Court.” I liked the title. But I disagree with the premise. The article by Paul Mark Sandler, a prolific Maryland lawyer and author, is somewhat more nuanced than the title suggests. But he does suggest that lawyers should be cautious in wearing bow ties or jewelry, writing that trial lawyers should be “conservative in a way that is compatible for what is comfortable” for them. He also writes of the concern of wearing expensive clothing or cuff links on the theory that “expensive looking jewelry can create a gulf that interferes with having the jury ‘identify’ with the lawyer.”

This is the conventional wisdom. But as I have written in the past on the Maryland Injury Lawyer Blog, I completely disagree with it. I think what really “creates a gulf’ between a trial lawyer and a jury is when the lawyer is not authentic. My style is very conservative. I would feel uncomfortable with a diamond stud earring in my ear. But some lawyers in conservative suits look like your cousin who puts on that same conservative suit for every wedding, and he looks like he wants to crawl out of it. Your cousin does not look or feel authentic, which is why he looks so pained, as would some lawyers putting on the same suit. Now, some people can fake stepping outside themselves so well that they appear authentic. But I can’t and neither can most people.

I suspect that Gerry Spence would not be Gerry Spence if he followed this advice. My suggestion as to how to dress and act at trial is simple advice to follow: be authentic and be yourself.

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