Posted On: December 31, 2009

Update: Slim-Fast® Recall - Lawyer For Free Consultation

As "New Years’ resolution" dieting is upon us, dieters seeking that fix-all diet or wanting to lose some of those added holiday pounds will not be doing so with Slim-Fast® Ready-to-Drink Shakes. The manufacturers of these shakes, Unilever United States Inc., have issued a massive recall because of a serious bacterial contamination linked to food poisoning.

If you or a loved one has experienced health problems, including the symptoms listed below, and wonder if it is related to contaminated Slim-Fast®, contact a product liability lawyer at David Payne Law.

Missouri personal injury attorney, David Payne, will give you a free, no-obligation and confidential evaluation of your Slim-Fast® claim.

Even though the company states the chances are “remote,” this contamination should not be taken lightly. Bacillus cereus is a micro-organism linked to symptoms including:

• Nausea
• Vomiting
• Diarhea

FDA spokesperson, Rita Chappelle, recently said the recall affects ten million cans distributed in the United States. Also the recall applies to all Slim-Fast® Ready-to-Drink shakes, regardless of flavor, best-by-date, lot code or UPC number. Individually sold cans, as well as those sold in packages of four, six or 12, are also included.

While the company is still in the process of identifying and correcting this serious contamination, this is not the first recall Unilever has had. Back in February of 2009, three Slim-Fast® bar products were recalled due to salmonella-contaminated peanuts. Certain shakes were also recalled back in 2000 due to gastrointestinal illness.

If you or a loved one has experienced severe side effects from taking Slim-Fast® shakes or any other dietary supplement, you would be well-advised to contact a Missouri defective drug attorney at David Payne Law, LLC.

Please do not hesitate to call David Payne anytime at 417.847.7516 for a free and comprehensive consultation.

Posted On: December 30, 2009

MoDOT Responsible for Fatality in Tractor-Trailer Accident

Jemma Dant, 28, of St. Louis, died in December 2005 when an 18-wheeler truck hit her vehicle and forced it into another truck on I-44 near St. Louis, MO.

If you or a loved one has been injured or killed due to the negligence of another on Missouri’s roadways, contact auto accident attorney David Payne. He has the experience you need to help you through all the aspects of your accident and take one more step in keeping our roadways safe.

A panel has just recently ruled that the Missouri Department of Transportation (MoDOT) must claim responsibility. The panel was ordered to pay $1.3 million to the family of Jemma Dant because of the fact that they failed to give enough warning of the halted traffic on the Interstate.

The attorney representing Dant’s family stated, “The whole argument is that if you (MoDOT) just would have warned the motorists of the traffic backup, the crash wouldn’t have occurred. If there’s going to be something unexpected on a highway, you have to warn people about that.”

Auto accident victims who are injured by a negligent driver can receive compensation that covers the following:
• Medical expenses
• Loss of wages
• Cost of physical therapy
• Other damages relating to the accident

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A skilled auto accident attorney at David Payne Law will also look into whether a dangerous road condition could have contributed to the accident, like in the case of Jemma Dant. If that was the case, then the government agency responsible for maintaining that particular roadway could be held liable for damages, as well.

Call David anytime at 417.847.7516 for a free, no-obligation consultation.

Posted On: December 29, 2009

Holiday Recall: Vicks Liquicaps

Winter has come upon us once again along with sniffles, sneezes and sickness. Because of this, consumers are purchasing more supplements and medicines to assist them in overcoming these symptoms. In turn, consumers shouldn’t have to worry whether supplements or medicines they purchase are safe to take or if they have the proper warnings and labels. Yet, all too often, unsafe medicines land in the hands of consumers and lead to serious personal injuries and even death.

Recently, Proctor & Gamble has recalled about 700,000 packages of Vicks Dayquil Cold & Flu 24-Count Bonus Pack Liquicaps. These packages contain acetaminophen and are not child-resistant. Nor do they have required label that provides the statement, “This Package for Households without Young Children,” as required by the Poison Prevention Packaging Act.Vicks.jpg

If swallowed, this medicine can cause serious health problems to a child or even death if several capsules are swallowed. This cannot be tolerated and companies must be held accountable for providing a product that is unsafe or does not provide the proper warnings.

Missouri defective drug attorneys at David Payne Law will provide peace of mind to their clients coupled with aggressive and zealous legal representation in order to acquire the compensation they deserve.

Victims and families of those who have suffered serious injuries or death to a defective drug are eligible to receive compensation that covers the following:
• Medical costs
• Hospitalization costs
• Cost of physical therapy
• Funeral costs
• Loss of wages

If you or a loved one has experienced personal injuries or death due to a defective drug, please contact personal injury attorney David Payne to discuss your options and legal rights.

Contact David Payne anytime at 417.847.7516 for a free and confidential phone consultation.

Posted On: December 23, 2009

Slim-Fast® Recall Tops 10 Million

Earlier this month, Unilever United States Inc. and the US Food and Drug Administration (FDA) announced the massive recall of about 10 million Slim-Fast® ready-to-drink shakes because of serious bacterial contamination.

If you or a loved one has experienced health problems, including the symptoms listed below, and wonder if it is related to contaminated Slim-Fast®, contact a product liability lawyer at David Payne Law.

Missouri personal injury attorney, David Payne, will give you a free, no-obligation and confidential evaluation of your Slim-Fast® claim. While consultations involve no obligation by a prospective client to hire David Payne Law, a phone call or in-person meeting will fully outline your rights and any paths of legal action you may have.

The products are packaged in paperboard cartons and contain four; six or 12 steel cans that are 11 fl oz. (325 mL) each. Individual cans are also sold in certain retail stores. These products may have been contaminated with Bacillus cereus, which is a micro-organism that is linked to:slim_fast_mkw.jpg

• Nausea
• Diarrhea
• Vomiting
• Other serious adverse health issues

Bacillus cereus is responsible for about two percent of all food borne illnesses, according to the U.S. Centers for Disease Control and Prevention (CDC). Numerous, recent reports indicate that the illness resulting from consuming these shakes comes within 24 hours after exposure and can cause diarrhea. Serious illness and permanent injury have also occurred.

A list of the recalled products is available on the FDA website.

According to Unilever officials, the company has ceased production of Slim-Fast ready-to-drink cans until the source of the contamination can be identified and corrected.
Slim-Fast® powdered shakes, meal bars, or snack bars are not affected by this recall.


Please feel free to contact David Payne anytime at 417.847.7516.

Posted On: December 8, 2009

Be Weary of Hazardous Toys this Holiday Shopping Season

Although the Consumer Product Safety Improvement Act, passed in August of 2008, led to stronger regulations against hazardous and defective toys, there are still dangers that lurk on the shelves.

When making your Christmas list this year, make sure you check it twice.

Missouri Lawyers are encouraging you to be careful when purchasing toys or any other products this Holiday Season. One way to check for recalls and defective toys would be to visit http://www.toysafety.mobi/.

If your child or another loved one has been seriously injured or killed due to a defective toy, you need aggressive and zealous legal representation from an experienced Missouri product liability lawyer at David Payne Law.

The US PIRG (Public Interest Research Group) issued its 24th report on November 24, 2009, called “Trouble in Toyland.” This report showed that there are still many unsafe toys being sold. These toys were listed under three main problematic areas: choking hazard, loud noise and lead and chemical content.

Choking on small parts, balls and balloons remains one of the leading causes of toy- related deaths and injuries. Between 1990 and 2007, at least 196 children died after choking or asphyxiating on a toy or toy part; three children died in 2008 alone.

The report found that toys currently on store shelves may not meet the standards for appropriately loud toys; in fact, some toys tested exceeded 85 decibels when measured at close range.

So far in 2009, the CPSC has recalled nearly 1.3 million toys or other children’s products for violations of the lead paint standard. The CPSC has recalled an additional 102,700 toys and other children’s products for violation of the 300 ppm (parts per million) lead standard.

Defective toys from the report are as follows:

Choking hazard:
Creative Wood Stacking Rings by Zaidy Products; Real Wood Shape Sorter Barn by P&C Enterprise; an unnamed play food tray by World Market; My First BABY Learn by BABY Born; Toy Story Pizza Planet Gift Pack by Mattel; Fur Real Baby Bird by Hasbro; and Worky Work Bench by Nemmer.

Loud toys:
Secret Saturdays Cryptid Claw by Mattel; Kota and Pals Stompers Triceratops by Playskool; Laugh & Learn Learning Phone by Fisher Price; and Bright Lights Phone by Vtech.

Lead and Chemicals:
Big Rex Touch and Feel Cloth Book by Priddy Books; alligator cell phone charm by Claire's; Collector's Series Painted Duck sold at Dollar Tree; Pretty Princess Puppy Purse by Claire's; and Elmo Lunch Bag by Sassy.

If your child or a loved one has suffered personal injuries or death because of a defective children’s product, you are well-advised to contact a Missouri product liability attorney at David Payne Law, LLC. David can help you receive compensation for your injuries and reimbursement for repairs and/or replacements of products.

Contact David Payne anytime at 417.847.7516 for a complimentary, no-obligation consultation. David will outline your legal options and advise you in the direction that will best benefit you.