Contaminated Powder Infant Formula linked to Neonatal Meningitis and Bacteremia in Infants

Posted on May 30, 2007 by Rick Kuykendall
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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What Should Trial Lawyers Wear for Trial?

Posted on May 18, 2007 by Ron Miller

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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A Trial Attorney's Reply to the Crazy Pants Lawsuit in D.C.

Posted on May 10, 2007 by Mark Zamora

Thanks to Joe Watkins, the President of the Georgia Trial Lawyers Association, which you can find here - www.gtla.org.   It's a common sense reply:

Reading and hearing about the D.C. Administrative Law Judge who is suing his dry cleaners over a pair of lost pants is distressing, to say the least.  It's obviously ridiculous, but this lawsuit is not only silly -- it's dangerous.

 
Cases like this give lawyers a bad name.  Big Business and others who are out to dismantle the Civil Justice System jump all over these tabloid-like stories as proof of why we need to eliminate corporate accountability.  They say our legal system is out of control.  One lawsuit like this one automatically makes every lawsuit "frivolous."  And nothing could be farther from the truth.

 
As an attorney for 30 years and as President of the Georgia Trial Lawyers Association, I am aware of the dangers that this type of sensationalism can generate.  The story is so far-fetched that the general public cannot help but be engrossed in its details.

 
What the public does not get to hear enough about are the everyday cases that go in front of judges and juries that uphold the Constitution's promise of justice for all.  More truly newsworthy are cases that have assisted in pulling dangerous pharmaceuticals off the shelves of drugstores, cases that have forced clothing manufacturers to discontinue flammable children's pajamas, and cases that led to greater ingenuity in auto manufacturing when side-saddle gas tanks were found to be explosive.  These are just a few instances among many where the Civil Justice System protects us all.

 
The public also rarely sees stories about the lawyers who are compassionate and generous community leaders.  For example, Scott Delius, an Atlanta trial lawyer, is voluntarily serving in Afghanistan and assisting in the building of a criminal justice system there. He also has begun a charitable donation effort to collect clothes and toys for the Afghan children he has met.  Gary Hays, another Atlanta trial lawyer, has done incredible fundraising for cancer research through his "I Will Make A Difference Campaign."  Giving back to the community -- wherever that may be -- is a proud tradition of our profession.

 

The case of the missing pants most likely will continue to get press in the weeks to come as it awaits a hearing.  When this ridiculous case gets before a judge, I am confident it will be dealt with in a manner that will make us proud of our Civil Justice System.  Let's hope the media fully reports the result in this case, so that all can see, accurately and fairly, how our Civil Justice System truly works for us all. 

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