Rick Kuykendall

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Fredrick Kuykendall has practiced law for over 25 years. He has been included in The Best Lawyers in America. He has tried all types of cases, involving areas of Class Action Litigation, Insurance and Consumer Fraud, Personal Injury and Wrongful Death, Prescription Medications, and Products Liability.He is an active member of the Alabama State Bar, Alabama Trial Lawyers Association, Trial Lawyers for Public Justice, and The Association of Trial Lawyers of America. He also serves on the Bench and Bar Committee and the Committee for Civil Rights Under Law, where he is on the Board of Directors. Mr. Kukendall was appointed Commissioner to Alabama Governor Don Siegelman’s Governor’s Commission on Environmental Initiatives and was a National Trustee of the Kerry/Edwards campaign. He is also a frequent speaker at state and national seminars.


Articles By This Author

Blair Robes Recall

 

Blair Chenille Robes Recalled

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) and Blair LLC, of Warren, Pa., announced a voluntary recall by Blair of 162,000 women’s full length Chenille Robes. Since the recall was originally announced in April 2009, Blair has received reports of six deaths due to the robes catching on fire. Five of the six victims were female, and all five were cooking at the time of the incidents. Three of the victims were in their 80s.

CPSC and Blair announced the recall for the robes after Blair learned of three robes catching on fire, including one report of second-degree burns. Blair was subsequently made aware of the fatalities after the recall was announced and after Blair had sent letters of the recall to consumers who purchased the robes.


The recalled Blair robes were made in Pakistan and include the following item numbers -- 3093111, 3093112, 3093113, 3093114, 3093115, and 3093116. They were sold through Blair catalogs and on the company's Web site as well as Blair stores in Pennsylvania and Delaware from January 2003 through March 2009.

 

Lawyers Bunch and James are handling these horrible injuries at 888-422-2882.

Stella Awards - a Fraud on the Public?

Having practiced law in Alabama for many years, I will tell you that when Jere Beasle writes, people read. Here's a post of his on the Stella Awards, and how many of the 'awards' are simply false: 

 

The annual Stella Awards list, a list of the years seven “most outlandish and verdicts in the U.S.,” is nothing more than a fraud on the public. The so-called awards deal primarily with fiction, and many of the listed never happened. The examples of what they describe as frivolous are at best gross misstatements. The Stella Awards are just part and parcel of the carefully planned efforts designed to destroy the civil justice system. Once these awards are announced, they take on a life of their own. That’s because of the Internet. Unfortunately, the media never bothers to investigate the validity of the cases mentioned in the awards, and then write stories that keep the myths alive.

An example of how these myths orginate is this year’s runaway First Place Stella Award winner. Mrs. Merv Grazinski, of Oklahoma City, Oklahoma, who supposedly purchased a new 32-foot Winnebago motor home, was the winner. On her first trip home, from a football game, having driven on to the freeway, she set the cruise control at 70 mph and calmly left the driver’s seat to go to the back of the Winnebago to make herself a sandwich. Not surprisingly, the motor home left the freeway, crashed and overturned. Also not surprisingly, Mrs. Grazinski was supposed to have sued Winnebago for not putting in the owner’s manual that she couldn’t actually leave the driver’s seat while the cruise control was set. It was reported that an Oklahoma jury had awarded the woman $1,750,000 plus a new motor home. It was also said that Winnebago actually changed their manuals as a result of this suit, just in case Mrs. Grazinski has any relatives who might also buy a motor home. The e-mail that announced the award concludes: “Are we, as a society, getting more stupid?”

The truth is that this sort of nonsense relating to a Winnebago never even happened. But, the media bought the story hook, line, and sinker, and never even bothered to check it out. Scores of articles – the vast majority buying the Winnebago story as gospel truth – resulted across the country. Apparently, few journalists bothered to do any research to determine whether they were true. Among outlets falling for the hoax were the Daily News, CNN and U.S. News & World Report. In fact, the story actually spread around the world. Readers in Canada, England, Australia, Ireland, New Zealand and even Vietnam heard about this fictitious that never happened. To his credit, Times reporter Myron Levin, who wanted to learn more about the , called Winnebago and found out there was no Grazinski . He also learned that the company had not changed the owner’s manual to avoid a swarm of copycat as claimed by the Stella awards.

The next time an “Internet tale” makes you believe things are even worse than you thought, check it out. Especially when the story suggests that the American court system is stacked against wealthy Corporate America. If you want to check out the “Stella Awards” and decide for yourself whether they are on the level, a good place to go is www.snopes.com, an excellent site that investigates urban myths. Simply search for “Stella Awards” and find out if the stories are true or false.

New Website Debuts: MyDeniedClaim.com

Pretty well done, in my opinion. www.mydeniedclaim.com

Attorney Joey James and I have worked together and he's a courtroom litigator. His most recent verdict was in a case involving Dollar General.

The website  is one that sets out what to do when a claim has been denied. These include disability claims involving UNUM, as well as:

• UNUM Life Insurance Company of America
• Paul Revere Life Insurance Company
• First Unum Life Insurance Company
• Provident Life and Accident Insurance Company
• Provident Life and Casualty Insurance Company

I'll be watching the site, and perhaps assisting folks in MD, VA, DC and the Atlantic States.

 

 

 

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Total Body Formula Recall: MD, VA, DC, PA

A progression of my practice now has me  working  with the Billy Murphy  Firm in Baltimore, MD.

1 South Street, 23rd Floor Baltimore, Maryland 21202. Tel #: 410-539-6500.

My good friend Mark Zamora is at the forefront of helping people injured by this supplement.  Our  office has been investigating cases in Virginia, Maryland, Washington D.C., and Pennsylvania.  What we know is this:

 The U.S. Food and Drug Administration informed consumers about  Tropical Orange and Peach Nectar, and Total Body Mega Formula in the Orange/Tangerine flavor. The liquid dietary supplement products may cause severe adverse reactions, including significant hair loss, muscle cramps, diarrhea, joint pain and fatigue.

The Total Body Formula products were sold in eight-ounce and 32-ounce plastic bottles. The Total Body Mega Formula was sold in 32-ounce plastic bottles. Both products are distributed by Total Body Essential Nutrition of Atlanta. The company is the sole distributor of the products and has voluntarily recalled Total Body Formula in the flavors of Tropical Orange and Peach Nectar and Total Body Mega Formula in Orange/Tangerine flavor.

FDA laboratories are analyzing samples of the products to identify the cause of the reactions, including the possibility that the products contain excessive amounts of selenium, which is known to cause symptoms such as those described in the adverse events reported to the agency. Selenium, a trace mineral, is needed only in small amounts for good health.

Selenium is a  non metal chemically related to sulfur  and rarely occurs in its elemental state in nature. It is toxic in large amounts, but trace amounts of it are necessary for cellular function in most, if not all, animals, forming the active center of the enzymes gluatathione peroxidase among others.  Isolated selenium occurs in several different forms, the most stable of which is a dense purplish-gray semi-metal (semiconductor) form that is structurally a trigonal polymer chain.

To learn more,  talk with us.

 

 

 

 

 

 

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

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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Expert Witness Deposition: Five Questions To Ask

Expert’s deposition. While there is no substitute for being prepared, you can take an effective deposition "on the fly" by remembering five essential questions and their logical subquestions:
1. Who engaged you in this case.
2. What they ask you to do?
3. What did you do?
4. What conclusions, opinions did you reach and what do you intend to testify to at trial?
5. Where there any other test- analysis or things you could have done or would have liked to?

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