CDC Concerned About Human Antibiotic Resistance

Posted by on Oct 4, 2013 in Health | 2 comments

The Centers for Disease Control (CDC) hasn’t been vigilant in the past about warning, or even confirming, that antibiotics used on livestock affect human immune resistance to antibiotics. However, on Monday September 16, 2013, the CDC released an assessment confirming the advancement of drug resistance in humans as being related to antibiotics administered in agriculture.

According to the assessment released by the CDC, more antibiotics per volume are used on food-producing animals than people in the United States. The wide-spread development of drug-resistant bacteria in animals renders them carriers of harmful food borne illness like E. coli, Salmonella, Shigella, and Campylobacter.

Having this suspicion definitively confirmed by the CDC, consumers and researchers want to find solutions that allow the agricultural and livestock industries to thrive while also providing people with safe and nourishing food. Many have observed that animals should only be administered antibiotic medicines under veterinary supervision. In addition, the antibiotics give to animals should serve only to treat disease and not to accelerate growth.

Another cause for concern in antibiotic resistance exists in the transmission that occurs in hospitals. Many times people can be affected ingesting ill-prepared meat, but bacterium can also easilty spread in hospitals because of inadequate sanitation by doctors, nurses, custodial, workers, and visitors. When their report was released CDC director, Dr. Thomas Friedan, made a point to mention the spread of antibiotic resistance occurs through food consumption as well as lacking sanitation in high-risk areas, like medical facilities.

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Defunct Virus Resurfaces in Texas Megachurch

Posted by on Sep 3, 2013 in Health | 0 comments

Unvaccinated members of a Texas megachurch contracted what has once been considered an eradicated disease in the US when a member brought in the virus from overseas.

The Eagle Mountain International Church, a non-denominational church located in Newark, Texas associated with the Kenneth Copeland Ministries, is the site of infection for 21 cases of measles among its congregation. The viral disease is extremely contagious, but decades of vaccination have all but wiped it out of the US. The recent outbreak was due to the fact that many of the members of the megachurch are not vaccinated against the virus. Of the 21 who came down with measles, at least 16 were not vaccinated.

Kenneth Copeland is a televangelist who, aside from spreading the prosperity gospel, preached that a true believer would put his or her trust in God and not in modern medicine. While church officials deny that the ministry is anti-vaccination, church members subscribe to the belief that getting vaccinations is a sign of fear and doubt in God. The senior pastors of the EMIC are the daughter and son in law of Kenneth Copeland, Terri and George Pearsons, who tell their congregation to get vaccinated and in the same breath remind them that if they have faith they will not need it.

It is the opinion of the church’s critics and members alike that the views of EMIC and the Kenneth Copeland Ministries are clear; it is a sign of a weak or absent faith to rely on modern medicine. That this will lead to serious health consequences in the future seems likely.

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What is Insider Trading?

Posted by on Jul 25, 2013 in Commodities and Securities, Insider Trading | 0 comments

It is common knowledge that both Martha Stewart and Enron were busted for insider trading. However, many people are unaware of what insider trading actually is, and that there are legal and illegal forms of it. The SEC serves to regulate stock trading within the U.S. and go after those who chose to engage in illegal insider trading. When regulations aren’t followed, it corrupts the market that relies on the fairness of competition and participation in order to run properly.

When an employee buys or sells stock from the company they work for, that is considered legal insider trading. The line between legal and illegal trading is crossed when a person can impact a company’s stock price, and then makes a trade based on that knowledge. For example, an employee who finds out that their company will have higher annual revenue than expected and then buys shares in their company based on that information, has just committed a form of illegal insider trading. If that employee shares their information with friends or family who then buy company shares, then the friends and family are considered to be engaging in illegal insider trading as well.

According to the website of commodities and securities lawyer Peter J. Berman, a person violates the law when they breach their duty to keep certain information confidential. The employee who gave information to his friends and family breached this duty. Even though these people are outsiders, they are liable for securities fraud because they are using inside information to their own advantage. This liability is called the misappropriation theory, and applies to people who receive material information that isn’t public.

Using inside information is illegal because that knowledge is not available to everyone trading, and therefore, gives the person with that knowledge an inside advantage. The United States has some of the strictest laws against illegal insider trading, and the SEC goes to great lengths in order to enforce them.

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Medical Mistakes and Cerebral Palsy

Posted by on Jul 24, 2013 in Birth Injuries, Cerebral Palsy, Medical Malpractice, Personal Injury | 0 comments

Each year, around 10,000 babies develop cerebral palsy, and unfortunately, thousands of these cases are a result of medical malpractice. When proper procedure is not followed, it can have permanent results for your child.

Cerebral Palsy is caused by a brain injury that occurs during brain development. It typically develops by the age of three and can have symptoms such as stiff or weak muscles mainly in the arms or legs, tremors, irregular twisting motions, or fragmented motor movements. Affected babies are often slow to learn to roll over, crawl, walk, or smile. Mistakes such as failure to recognize seizures, leaving the baby in the birth canal too long, or failure to treat the mothers changing conditions are medical mistakes that can cause babies to develop cerebral palsy. A few signs that can indicate your baby may be a victim of medical malpractice leading to cerebral palsy include:

  • Your baby required oxygen after birth
  • Your baby required CPR, a brain scan, or special care after birth
  • Your baby had seizures either immediately after birth or within 3-4 days of life

Brachial Plexus palsy is a common birth injury involving weakness arm, shoulder, or hand muscles. Most infants with brachial plexus palsy make a complete recovery, but some continue to suffer from arm weakness and require physical therapy or surgery. A brachial plexus injury can occur naturally, but according to the website of the brachial plexus attorneys of The Driscoll Firm, there are some medically negligent events can cause this injury during birth. These events include failure to perform an appropriate c-section, excessive stretching or manipulation of the neck or shoulders, or the use of forceps.

Treatment, therapy, and surgery can be draining, so it is important to contact a cerebral palsy lawyer if you believe your child is suffering from cerebral palsy due to medical malpractice.

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Warning Signs of Nursing Home Abuse

Posted by on Jul 23, 2013 in Medical Malpractice, Nursing Home Abuse | 0 comments

If they are not properly cared for, nursing home residents can suffer serious injuries. Sadly, many signs of nursing home malpractice are overlooked because they are thought to be signs of aging. Familiarizing yourself with the warning signs of abuse and neglect can help you prevent a loved one from experiencing unnecessary pain or death.

Slip and falls are the most common injuries among the elderly. Falling is potentially dangerous because of the likelihood of bone breaks or fractures, especially hip injuries. Hip injuries are often the result of a slip and fall, but it is often likely for females that the hip broke first, resulting in a fall. Unfortunately, this can be the result of malnutrition. Regularly monitoring residents can prevent falls from turning into something more severe. When residents are not properly observed, they are likely to experience additional trauma because they were unattended for too long after a fall.

According to the website of the Lake Geneva nursing home neglect attorneys Habush Habush & Rottier, nursing home malpractice often happens when facilities fail to train their employees properly, are short staffed, or don’t give proper medical care when it’s needed. Some signs of abuse may be more obvious than others, but all signs deserve medical attention and further investigation. The more obvious signs are unusual bruising, cuts, bed sores, poor hygiene, weight loss, or infections. Some less obvious signs are a sudden change in behavior, withdrawal, or disappearance of personal items or finances. Another red flag to be aware of is if you visit a resident and staff members delay or refuse access, or refuse to leave the room throughout the duration of your visit. If you notice any of these signs, you should begin by notifying the nursing home’s management. If your concerns go unnoticed, then it is important to know that you have legal rights to protect your loved ones and contact a nursing home abuse lawyer.

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The Importance of Labeling

Posted by on Jul 18, 2013 in Personal Injury, Product Liability | 1 comment

It seems silly to put a “may contain nuts” disclaimer on a bag of Peanut M&M’s, or a “may contain eggs” label on a carton of eggs, but product liability cases have everything to do with these painfully obvious labels. When the average product liability award is around $1.9 million, manufacturers go to frivolous lengths to protect both themselves and their customers.

Product liability involves two principles. The first is that companies have a duty of care not to put their customers in unforeseen danger. Secondly, companies have to provide an adequate warning of foreseeable danger. Of course, costumers have to act reasonably when using a service or product. According to the website of the product liability lawyers of Spiros Law, P.C., a product may be safe if used for its intended purpose, but it is potentially dangerous if used in another way. This is why products are required to have a clear and concise warning about these dangers.

Not all labels are as laughable as a chainsaw’s warning not to “hold the wrong end.” For example, all drugs approved by the FDA are extensively reviewed so that the label has the correct information about side effects and dosage. In a case before the Supreme Court, a woman claimed that she lost an arm to gangrene because of the drug Phenergan. The drug was used to relieve nausea, but the label only contained risks about using the drug in one certain way. The argument was that the label should have warned about using the drug in other ways if the risk of danger was so high. It is entirely ridiculous for a consumer to have to risk losing an arm just to cure an upset stomach, which is exactly why proper labeling is so important.

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Poorly Designed, Constructed or Installed Boilers and Furnaces, a Possible Cause of an Explosion Accident

Posted by on Jul 16, 2013 in Explosion Accidents, Personal Injury | 2 comments

Most Americans are unaware that up to 657 billion cubic meters of natural gas are used in the United States every year. Though hazardous due to its high combustibility, natural gas is a daily home use, a necessity for ovens and gas stoves, clothes dryers, boilers, furnace, air conditioners and many other items.

A natural gas leak that is overlooked and uncorrected can be disastrous for it can result in an explosion which can severely injure or kill anyone, as well as destroy or ruin properties. According to the website of Habush Habush & Rottier S.C., the most common causes of residential gas explosions, include wiring problems, defective appliances, boilers and furnaces. As leaked gas spreads inside a room or a house, the smallest spark from a cigarette, candle, or any electronic gadget is enough to cause an explosion and, as a matter of fact, explosions, especially due to boilers and furnaces, have destroyed many houses, condominiums, apartment complexes, mobile homes and even hotels.

Boilers and furnaces keep many American homes warm during the winter and cold months. Using natural gas, these are able to provide heat in all areas of the home. It has been discovered, however, but only after explosion accidents have already occurred, that many boilers and furnaces have been poorly designed and constructed, installed erroneously or not properly maintained, thus causing the accident. The fault definitely lies on the manufacturer that designed and constructed these boilers and furnaces or on the individual who installed these inside your house.

Regardless of who ought to be blamed, though, explosion victims deserve compensation from the liable party – compensation that will help cover all their financial losses due to the injury they have sustained.

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Types of Cerebral Palsy and its Possible Causes

Posted by on Jul 14, 2013 in Birth Injuries, Cerebral Palsy, Medical Malpractice | 0 comments

Cerebral palsy refers to a group of disorders that influences one’s ability to move about and keep balance and posture. It is a result of abnormalities in that part of the brain that controls movement of the muscles. Contradictory to former medical diagnosis that cerebral palsy is due to oxygen deficiency in the brain during birth, more commonly called asphyxia, it was discovered that this disruption in the development of the brain can actually occur during the first 6 months of pregnancy due to:

  • Transformation in genes which control the development of the brain Infections in the mother which can affect the developing fetus
  • Fetal stroke which causes disruption in the supply of blood to the developing brain
  • Lack of oxygen to the brain during birth (asphyxia) related to difficult labor or delivery
  • Infections which can result to inflammation in or around the infant’s brain
  • Traumatic head injury to an infant due a fall, a motor vehicle accident or child abuse

Children suffering from cerebral palsy are usually born with the disease; it is only usually detected, though, before the child’s third year of age, the time when its signs and symptoms begin to appear.

This very common child disability, which affects children eight years old and below, has no known cure. Treating it early, however, may enable children to overcome developmental disabilities and allow them to learn ways by which to accomplish any tasks they may be faced with in the future. There are different treatments that will help children with cerebral palsy, like speech therapy, physical and occupational therapy, seizure-controlling drugs and many others.

There are about 760,000 people suffering from cerebral palsy in the US today and every year, around 8,000 more are added to their number. Among those affected, boys are greater in number, while the most common type that victims suffer from is spastic CP, which affects one or more limbs and the upper or lower part of the body, due to a lesion or cut in the brain. According to the website of The Driscoll Firm, other types of cerebral palsy include:

  • Ataxic – the least common among the types of cerebral palsy. It affects a person’s visual and auditory processing, balance and motor skills.
  • Athetoid or Dyskinetic – persons affected by this type of cerebral palsy experience difficulty walking and in keeping upright.
  • Mixed – the type of cerebral palsy that causes suffering from different cases of muscle impairment .

Medical professionals who have improperly performed medical procedures which might have caused a child’s cerebral palsy ought to be held liable for their medical negligence or carelessness. This is a serious condition that can have long term consequences on a victim’s life.

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Arbitration over Litigation and Why the Former is Often the Better Option

Posted by on Jul 13, 2013 in Arbitration, Litigation | 0 comments

Business firms render services that will address the various needs of people, other firms or any other entity. When crises (concerning commercial real estate, contract law, business torts and debt collection) arise, however, individuals and companies face the threat of civil lawsuits to resolve a legal question or matter.

Though a civil lawsuit or a litigation may have been filed, the parties involved oftentimes resort to a voluntary settlement, also known as Alternative Dispute Resolution (ADR) or simply arbitration. The process of arbitration requires the parties involved to come together and agree to respect and follow any decision, which is actually binding, to be arrived at by the arbitrator in settlement of the issue. The arbitrator, an impartial third party, is usually an expert in the subject matter being resolved.

Many times, firms, business owners, and individuals prefer arbitration over litigation and, though arbitrations are not necessarily less expensive than litigation, some say the former is more advantageous than the latter. Alan Freeman of InsideCounsel: Business Insights for Law Department Leaders, mentions 7 factors business owners ought to consider before drafting a mandatory arbitration clause in their contract (these factors, however, are neither final nor constant to every question). A number of these factors include:

Time: litigation can take years, unlike arbitration, which can help disputing parties resolve an issue much more quickly, giving them more time to run their business instead.

Cost: organizing arbitration can definitely be more expensive than filing a court case; however, if motions practice and extensive discovery will surpass the value of the case, then arbitration is surely a much wiser alternative.

Ongoing relationships: arbitration can safeguard any on-going business partnership or relationship between concerned parties since it is more friendly and less formal in nature.

Expertise: the arbitrator/s can be selected and, so, can be experts in the subject-matter to be settled, unlike in litigation, wherein the judge may not be a master in your trade, which may limit the capability of the court to substantially evaluate any evidence presented.

Confidentiality: as arbitrations are neither publicly recorded nor heard, the dispute and any resolutions arrived at can be held in confidentiality, a great advantage for companies avoiding publicity or keeping highly sensitive matters from the public’s grasp.

According to the website of Peter J. Berman, Ltd., There are various litigation and arbitration cases where lawyers represent and defend their clients. There are cases involving banks, brokers, senior managers (on wrongful termination), and Futures Commission Merchant (FCM) against a trustee or a PONZI scheme perpetrated by another brokerage firm (a PONZI scheme is a deceptive investment business where promises of high returns are made to investors. The money used to pay the investors, though, actually comes from the money that they, themselves, invested or from the money invested by succeeding investors).

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Speeding: A Major Cause of Fatal Car Accidents

Posted by on Jul 11, 2013 in Car Accidents, Personal Injury, Reckless Driving | 0 comments

Millions of cars are driven on US interstate highways and streets everyday, transporting people from their points of departure to places of destination. Although cars have become the most common means of transportation all across the United States, not all drivers behave the same or observe road traffic safety rules, making roads unsafe for other motorists, pedestrians and road workers.

The more than 40 thousand yearly registered deaths due to car accidents tag reckless driving, failure to wear a seatbelt, speeding, DUI and driver error as their major causes. Despite the daily reminders by the National Highway Traffic Safety Administration (NHTSA), private road safety groups, and other governmental organizations on strict observance of traffic rules, it seems that only the police and other authorities are aware of the dangers recklessness can result to. Unfortunately, many drivers, to whom the messages are really intended for, don’t seem to care.

Among the various causes of car accidents, speeding claims the third largest number of lives, yet the attention it gets is less than reckless driving and the seatbelt law. Obviously, many people are scared of speeding; it sounds foolish, however, since these same drivers drive over speed limits, themselves.

Running behind schedule (and sometimes even without any reason at all), drivers decide to drive fast, beating red lights and ignoring railroad crossing warnings and school/work zones. It is as if they are sending the horrible message that your safety is less important than their time. This attitude has even alarmed the Associated General Contractors (AGC) and the American Road & Transportation Builders Association (ARTBA) as many of their employees have also fallen prey to speeding drivers.

Speeding, which according to the website of a Westminster personal injury lawyer, is one major determinant as to whether a person will survive a crash or not, claims about 15, 000 victims in the US annually. Surprisingly, the ones usually involved in this traffic offense are young males aged 15 – 20 years old. Young as they are, they cannot claim ignorance of traffic rules, as they are trained on these before earning their driver’s license. Nevertheless, children will often treat their cars as glorified toys rather than the dangerous machines that they actually are.

In the event of an accident, an auto accident lawyer who knows and understands what the law says regarding personal injury will be your best representation and defense both in the court room and in out-of-court settlement with the liable party.

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