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Inserra & Kelley is a litigation firm that focuses on personal injury law. We believe in our system of civil justice to decide disputes between injured parties and those who are responsible for their injuries. It is the goal of Inserra & Kelley to use every effort to best represent our clients\' interests to get maximum recovery and a speedy resolution of disputes.

Inserra & Kelley handles injured railroad workers\' claims (FELA designated counsel), automobile negligence (injured in an auto accident which is not your fault), motorcycle accidents (designated counsel for Harley Owners Group) and other personal injury such as workers\' compensation, slip and fall, crossing accidents, and other negligence actions.

12/2/2014

It is assumed you have not invited an unwelcome guest to your holiday celebrations this week, namely food-borne illnesses (aka food poisoning). This pesky guest tries to ruin your party via bacteria, viruses, and parasites. Do you know that 1 in 6 Americans, or 48 million, succumb every year to a variety of 250 foodborne illnesses that are not only miserable but infectious?! These statistics are sad given the fact that such illnesses are highly preventable, as are the awful symptoms of abdominal cramping, nausea, vomiting, and Montezuma’s revenge.

Do not let yourself or your loved ones become part of the statistics this year. Instead, be proactive in preventing needless misery by taking some safe food handling tips from the experts. They first stress cleanliness (i.e. hand washing, clean food contact surfaces/tools, produce rinsing/brushing) and cannot stress soap and water enough. They say, however, not to rinse raw meat prior to cooking as that just promotes the spreading of dangerous bacteria. Second, experts warn against cross-contamination through mixing raw bacteria prone foods (i.e. raw meat, raw eggs, meat juices) with foods that will not be cooked (i.e. fruits and vegetables). Third, experts recommend that cooking thermometers be used in cooking all foods to assure they are done and safe to eat. Do not forget that things like using unpasteurized eggs in egg nog or eating that yummy cookie dough, with raw eggs, are raw food dangers as well! Finally, experts beg people to refrigerate their foods as fast as possible so that bacteria are not given the chance to grow in room temperatures. The refrigerator should be at 40 degrees Fahrenheit and the freezer should be at 0 degree Fahrenheit, and food should be defrosted in the refrigerator, with cold water, or in the microwave, taking care to cook the food immediately if thawed via the latter two ways. Do not forget pumpkin pie and related items are included and leftovers need to be eaten up or thrown away in about 3 to 4 days.

When it comes to consuming food, the old adage is good to remember, ‘when in doubt throw it out!’ Inserra & Kelley wishes everyone a safe and happy holiday season spent enjoying loved ones fondly, and safely

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11/10/2014
Author: Shelly White

In looking through new parent forums on the web, one can see parents informing new parents and parents to be they go through approximately 15 baby wipes with diaper changes per day, or 3 packages of baby wipes per month. That’s a lot of baby wipes going on the sensitive skin of babes everywhere. They are used by parents to assure their babies are clean, whether it is with diaper changes, on hands, on faces, or wherever the need may arise. The last thing a parent is going to think is that the wipe being used to rid their babies of bacteria actually is contaminated with bacteria! Not to mention, baby wipes are popular among a whole host of consumers these day as a means of disposable cleaning cloths, so they’re not just for babies any more. That is actually a problem that happens and the latest recall involves a company called Nutek Disposables out of McElhattan, Pennsylvania. In case you do not live in Pennsylvania and you don’t think you’ve ever heard of Nutek baby wipes, think again. The wipes are sold by the brand names, Cuties, Diapers.com, Femtex, Fred’s, Kidgets, Member’s Mark, Simply Right, Sunny Smiles, Tender Touch, and Well Beginnings. Those all sound like healthy, positive names for a baby product, right? The wipes are sold at popular stores, Sam’s Club, Family Dollar, Walgreens, Fred’s, and Diapers.com. The wipes have been tested and found to contain a bacteria called Burkholderia cepacia (B. cepacia), which can harm those who have compromised immune systems, especially those with the disease cystic fibrosis or chronic lung disease.

The U.S. Food and Drug Administration (FDA) put out an immediate voluntary recall on October 25, 2014 for the wipes distributed by Nutek before October 21, 2014. They cite complaints of symptoms such as rash, irritation, infections, fever, gastrointestinal problems, and respiratory problems by users of the wipes. They state these symptoms have not been definitively linked to the subject wipes, but to err on the side of caution the recall was made public. Nutek, itself, has put out statements that no baby wipes are being shipped out of their manufacturing plant until the cause of the bacterial contamination has been found because the company is very serious about its product quality and safety. The FDA and Nutek are working in conjunction with one another and recommend seeing a doctor if a compromised person exposed to the wipes. The products themselves can be taken back to the store where purchased for a full refund and Nutek can be contacted with questions at 1-855-646-4351. Be careful out there consumers. A lesson can be learned here once again that if a product of any kind does not look right, be cautious in use and do not hesitate to report the possible problem to the product’s company to help stay safe in this big world of product recall and liability issues.

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11/3/2014

There’s a good chance that many readers are mourning the red flags being risen in regards to the product, Fireball whiskey, manufactured by Louisiana located Sazerac Co. The drink has often been popular given the proclivity of wedding photos showing the beverage being consumed straight from the bottle, as well as sales of the product going from $1.9 million in 2011 to $61 million in 2013. The red flags being raised are a problem for the company, however, even if the company is claiming otherwise at present. European countries are doing a recall of the batches of Fireball whiskey that contain too high of levels for their standards of the chemical, propylene glycol (the same chemical found in antifreeze).

Apparently there are three different recipes for Fireball whiskey, each containing different levels of the propylene glycol. Europe has the strictest regulations on how much of the chemical can be included. The two other recipes are for the United States and Canada. Fireball whiskey’s manufacturer is touting the safety of its whiskey and maintaining it will not be recalled in the United States and Europe is only recalling the batches made from the North American formulas. The FDA in the United States claims propylene glycol is “generally recognized as safe’ and found in many food colorings and flavors made in the United States. In fact, the chemical manufactured by Dow Chemical Company is in frozen dairy products, seasonings, frostings, confections, nuts and nut products, other various foods, and e-cigarettes. Dow claims the chemical is safe for human ingestion and different than ethylene glycol. Does Dow’s claims, as well as FDA approval make most feel safer ingesting this chemical? If so, the high consumption of Fireball and other products containing propylene glycol shall go on with abandon. Many, however, may question whether an agent used in antifreeze for automobiles and diesel trucks, as a deicing agent for airport runways, and paint and plastics manufacturing, should also be in products heavily consumed by humans. This may well wind up being another of those products approved by the FDA, and touted safe by their makers (the same makers who make lots and lots of money by their sales) that could be found to cause health issues in the future. It might be wise to abstain from products containing propylene glycol that are not a real necessity in one’s life…unless one is ready to state that those Europeans just have two high of health standards.

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10/22/2014

One cannot escape an AndroGel commercial while listening to the radio or watching television these days it seems. AndroGel and other low testosterone product marketers practically shout out questions to the listener as to whether they suffer from the horrible, bad, very awful condition of low testosterone. Even the most viral consumer might begin doubting their own testosterone levels and long for the better life touted in the commercials for those who use Androgel. It may seem funny to imagine some poor guy trying to watch sports but being sucked in instead to believing he has low testosterone that must explain his partner’s dissatisfaction or his lack of a partner. Low testosterone (aka low T) products, however, are no joke as it is dangerous to its users and the subject of lawsuits for users who have suffered heart attacks, strokes, and other heart problems while using low testosterone products. Lawsuits were initiated after the U.S. Food and Drug Administration (FDA) stated in January of 2014 that they were looking into such heart related risks with the use of low T products. The FDA had previously decided, in September, 2013, that low T product manufacturers would be required to state clearly on the product labels that they have not been proven or shown to actually lessen low libido, fatigue, muscle loss and other age-related symptoms and also manufacturers be forced to do research as to the relation of their products and cardiovascular issues.

One of the lawsuits related to AndroGel, made by Abbott Laboratories, is the defendant in one particular lawsuit that alleges that Dr. John Morley of Saint Louis University’s School of Medicine has actually admitted he accepted grant money to the tune of $40,000 to write a quiz for Androgel to use in its marketing that would supposedly tell the taker they have low T and need AndroGel. The result has been AndroGel’s sales increasing to $1.4 billion in a single year and low T being over diagnosed to men it has endangered. Another highly marketed product also marketed for low T is Axiron, and has also been shown to have the same heart related side effects as AndroGel. The danger does not stop with the male patient using the low T product, however, as the products have also caused side effects in women and children unfortunate enough to be accidentally exposed to the drugs through touching. Women have experienced acne and body hair growth, while children have experienced early puberty symptoms. The low T gels are also highly flammable, as anyone can see from the product labels! Warnings advise washing the area the low T gels are applied, with soap and water, if it is expected anyone will touch the patient’s skin with their skin. They also warn users to cover areas with clothing after application, to wait five hours before taking a swim, and to never apply the gel to the penis or scrotum!

It would seem the risk would highly outweigh the benefits and not be the ticket to a wonderful, newfound love life for users. Ask your medical providers whether the benefits would indeed be appropriate, given the dangerous complications, and do not hesitate to let your provider know if you or someone close to you has already experienced side effects. Do not hesitate to contact a well-respected injury firm to see whether you may be entitled to compensation if you have been harmed by low T products.

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