Monday, December 31, 2012

Meningitis Outbreak: Congress, State Laws and Marjorie's Story

The recent meningitis outbreak is one more example of why we need a strong group of trial lawyers fighting for patients rights - for all people's rights. Who else is going to hold companies that do not follow basic safety guidelines accountable? Who is going to step up for people who have been in jured or for the familes of those who died against the greed and might of corporate America?

The following article, reposted from American Association for Justice, states plain and simply why you, each or you, all of us, need to stop the corporate lobbyists from stealing our rights. If we don't, we will end up unable to redress wrongs in the civil courts - which is the whole goal of the corporate infrastructure - to protect their profits and to not be accountable to the people of this country.

Last year, Tennessee passed the immoral "Civil Justic Act of 2011" drafted by corporate interests and signed into law by a owner of a huge corporation. It drastically restricts my fellow Tennesseans right to seek damages for injuries they have sustained from corporations or from doctors.

If you, or anyone you know has been inured or if someone you know has been killed, due to the negligence of a corporation or a medical health provider, or even by a driver of a car or truck, call The Vogel Law Firm immediately - we will provide you with a free consultation and explain your rights to you. You can also send an email directly to Attorney Robert L. Vogel at rlvogel@robertvogellaw.com


Here is the article:

"Patients’ legal rights are constantly under attack in the state as well as federal level. For example, in Michigan when a resident is hurt by an unsafe drug or a medical device that was approved by the FDA, state law prohibits filing a lawsuit against the manufacturer. As if this doesn’t inhibit access to justice enough, the state legislature is trying to further restrict patients’ rights.

"We only need to look at the meningitis outbreak to see why bad actors must be held responsible for the injuries they cause. Marjorie Norwood of Tennessee is among the many victims. She is battling meningitis from a tainted steroid shot. Her daughter Melanie shared her mother’s tragic story.

Meningitis has been linked to shots distributed by the New England Compounding Pharmacy (NECC). At least 36 people are dead and more than 510 people in 19 states have been infected with the painful disease. This outbreak is a chilling example that reminds us exactly why a strong civil justice system is so essential in holding drug manufacturers responsible for their products’ safety.

"Michigan isn’t the only state where the civil justice system is under attack by misguided lawmakers. Just this last year, the Tennessee state legislature passed the so-called “Civil Justice Act of 2011.” Far from providing civil justice, corporate lobbyists pushed for the law that restricts Tennesseans constitutional right to hold wrongdoers fully accountable. To learn more, see Mark Chalos’ column in the Tennessean.
States should not restrict injured patients’ right to hold an irresponsible company responsible. Join our effort to Take Justice Back."

http://www.takejusticeback.com/Marjorie_Norwood


If you, or anyone you know has been inured or if someone you know has been killed, due to the negligence of a corporation or a medical health provider, or even by a driver of a car or truck, call The Vogel Law Firm immediately - we will provide you with a free consultation and explain your rights to you. You can also send an email directly to Attorney Robert L. Vogel at rlvogel@robertvogellaw.com
 

Sunday, December 30, 2012

PEEK Ardis Implant System Interbody Spacer can Break into Fragments causing serious injuries or death

Zimmer Spine - PEEK Ardis Inserter: Class I Recall – Risk of Implant Breakage


Health risks may include a tear in the thin covering of the spinal cord (dural tear), cerebrospinal fluid leakage, significant blood loss and nerve injury. Long-term health risks may include disability, dysfunction, or death.

Hospitals and surgeons have been told to stop using this instrument. If you have had an injury or adverse effect from this instrument, or any other devise, product or drug, or you know someone who has, contact The Vogel Law Firm immediately by calling 865-357-1949 or email Attorney Robert L. Vogel directly at rlvogel@robertvogellaw.com for a free consultation.  

[Posted 12/28/2012]

ISSUE: Zimmer Spine has received reports of the PEEK Ardis Interbody Spacer breaking into fragments when too much lateral force is applied to the Ardis Inserter. If the PEEK Ardis Interbody Spacer breaks during implantation, surgical delays of up to 60 minutes could occur and health risks may include a tear in the thin covering of the spinal cord (dural tear), cerebrospinal fluid leakage, significant blood loss and nerve injury. Long-term health risks may include disability, dysfunction, or death.

BACKGROUND: The PEEK Ardis Inserter is a surgical instrument used during spinal surgery to implant the PEEK Ardis Interbody Spacer.

RECOMMENDATION: On Dec. 20, 2012, Zimmer Spine modified their November Medical Device Correction memo and initiated a voluntary recall of all 315 units of the PEEK Ardis Inserter. Surgeons and hospitals were instructed to immediately stop using the Ardis Inserter and to return them to Zimmer Spine. Surgeons and hospitals should be aware that surgery using the PEEK Ardis Interbody Spacer cannot be performed as intended without the use of the Ardis Inserter. Therefore the PEEK Ardis Implant System will be unavailable for use until a redesigned inserter is cleared by the FDA.

Healthcare professionals and patients are encouraged to report adverse events or side effects related to the use of these products to the FDA's MedWatch Safety Information and Adverse Event Reporting Program:

Voluntary Product Recall Initiated by Qualitest Pharmaceuticals Impacts Three Lots of Hydrocodone Bitartrate and Acetaminophen Tablets, USP 10 mg/500 mg Repackaged and Distributed by Mylan Institutional

Due to the excess acetominophen in these tablets, unintentional administration of tablets with increased acetaminophen content could result in liver toxicity, especially in patients on other acetaminophen containing medications, patients with liver dysfunction, or people who consume more than 3 alcoholic beverages a day.
If you or anyone you know has been injured by this product, call the attorneys at The Vogel Law Firm at 865-357-1949 for a free consultation and information on how to protect your rights or email Robert Vogel directly at rlvogel@robertvogellaw.com



FOR IMMEDIATE RELEASE - December 20, 2012 - Mylan Inc. (Nasdaq: MYL) today announced that its Mylan Institutional business is conducting a voluntary nationwide recall to the retail level of three lots of Hydrocodone Bitartrate and Acetaminophen Tablets, USP 10 mg/500 mg (Lots 3037841, 3040859 and 3042573). The three lots were manufactured by Qualitest Pharmaceuticals, and Mylan Institutional repackaged and distributed the product in unit dose (CD100) under the UDL Laboratories, Inc. (n/k/a Mylan Institutional Inc.) label. Qualitest Pharmaceuticals first initiated the recall on Dec. 6, 2012, due to the possibility that a small number of tablets from the affected lots may exceed the weight requirement and could exceed the label claim potency requirements for the ingredients hydrocodone bitartrate and acetaminophen. As indicated in Qualitest Pharmaceuticals’ announcement, unintentional administration of tablets with increased acetaminophen content could result in liver toxicity, especially in patients on other acetaminophen containing medications, patients with liver dysfunction, or people who consume more than 3 alcoholic beverages a day.

Additional information can be found at http://www.fda.gov/Safety/Recalls/ucm331218.htm1. Consumers who have the affected lots can contact Mylan Customer Service with questions at 800.848.0462 on Monday through Friday between 8 a.m. and 5 p.m. EST.

About Mylan

Mylan is a global pharmaceutical company committed to setting new standards in health care. Working together around the world to provide 7 billion people access to high quality medicine, we innovate to satisfy unmet needs; make reliability and service a habit, do what's right, not what's easy and impact the future through passionate global leadership. We offer a growing portfolio of more than 1,100 generic pharmaceuticals and several brand medications. In addition, we offer a wide range of antiretroviral therapies, upon which approximately one-third of HIV/AIDS patients in developing countries depend. We also operate one of the largest active pharmaceutical ingredient manufacturers and currently market products in approximately 150 countries and territories. Our workforce of more than 18,000 people is dedicated to improving the customer experience and increasing pharmaceutical access to consumers around the world. But don't take our word for it. See for yourself. See inside. mylan.com

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Protect Your Family from Carbon Monoxide Poisoning

Carbon monoxide, also known as CO, is called the "Invisible Killer" because it's a colorless, odorless, poisonous gas.
 
More than 150 people in the Unites States die every year from accidental non-fire related CO poisoning associated with consumer products. These products include faulty, improperly-used or incorrectly-vented fuel-burning appliances such as furnaces, stoves, water heaters and fireplaces.
 
If you or someone you know has been injured through the use of a faulty or defective product, contact The Vogel Law Firm right away for a free consultation at 865-357-1949 or email Bob Vogel directly at rlvogel@robertvogellaw.com .
 
Safety Tips
  • Have your home heating systems (including chimneys and vents) inspected and serviced annually by a trained service technician.
  • Never use portable generators inside homes or garages, even if doors and windows are open. Use generators outside only, far away from the home.
  • Never bring a charcoal grill into the house for heating or cooking. Do not barbeque in the garage.
  • Never use a gas range or oven for heating.
  • Open the fireplace damper before lighting a fire and keep it open until the ashes are cool. An open damper may help prevent build-up of poisonous gases inside the home.
  • Install battery-operated CO alarms or CO alarms with battery backup in your home outside separate sleeping areas.
  • Know the symptoms of carbon monoxide poisoning: headache, dizziness, weakness, nausea, vomiting, sleepiness, and confusion. If you suspect CO poisoning, get outside to fresh air immediately, and then call 911.
Know the Symptoms of CO Poisoning
  • Because CO is odorless, colorless, and otherwise undetectable to the human senses, people may not know that they are being exposed. The initial symptoms of low to moderate CO poisoning are similar to the flu (but without the fever). They include:
    • Headache
    • Fatigue
    • Shortness of breath
    • Nausea
    • Dizziness

  • High level CO poisoning results in progressively more severe symptoms, including:
    • Mental confusion
    • Vomiting
    • Loss of muscular coordination
    • Loss of consciousness
    • Ultimately death

  • Symptom severity is related to both the CO level and the duration of exposure. For slowly developing residential CO problems, occupants and/or physicians can mistake mild to moderate CO poisoning symptoms for the flu, which sometimes results in tragic deaths. For rapidly developing, high level CO exposures (e.g., associated with use of generators in residential spaces), victims can rapidly become mentally confused, and can lose muscle control without having first experienced milder symptoms; they will likely die if not rescued.
If you or someone you know has been injured through the use of a faulty or defective product, contact The Vogel Law Firm right away for a free consultation at 865-357-1949 or email Bob Vogel directly at rlvogel@robertvogellaw.com .

Tyler's Texas Chili

Ingredients

  • 3 dried ancho peppers, stemmed and seeded
  • 2 tablespoons dried oregano
  • 2 tablespoons sweet paprika
  • 2 tablespoons whole coriander
  • 1 tablespoon cumin seed
  • 1 tablespoon chili powder
  • 3 tablespoons extra-virgin olive oil
  • 2 onions, chopped
  • 3 pounds beef chuck, cut into 1-inch cubes
  • Kosher salt and freshly ground black pepper
  • 6 cloves garlic, chopped
  • 1 canned chipotle chile, chopped
  • 1/2 jalapeno pepper, chopped
  • 2 (28-ounce) cans whole tomatoes, hand crushed
  • 1 cinnamon stick
  • 1 teaspoon sugar
  • 2 tablespoons masa harina
  • 1/2 tablet Mexican chocolate (about 1 1/2 ounces)
  • Grated queso fresco, for garnish
  • Cilantro leaves, for garnish
  • Lime wedges, for garnish

Directions

In a small dry skillet over low heat add the ancho peppers, oregano, paprika, coriander, cumin, and chili powder. Cook until they begin to smell, about 2 minutes. Put the spices into a spice mill or food processor and grind until they are powdered. Set aside.

Heat a large heavy bottomed casserole over medium heat; add 3 tablespoons olive oil and the onions. Cook until the onions are soft and beginning to caramelize, about 10 minutes. Pat the beef dry and season it with salt and pepper. Add it to the pot and cook, stirring frequently, until it has browned on all sides, about 10 minutes. Add 2 tablespoons of the toasted spice mix, the garlic, chipotle, jalapeno, tomatoes, cinnamon stick, and sugar. Season with salt and stir well. Add some hot water until the meat is just covered with liquid. Return to the boil, reduce to a simmer, cover, and cook for 1 1/2 hours. Remove the meat and shred it with a fork. Return it to the pot, stir in the masa harina and chocolate, and cook for another 10 minutes, uncovered, to thicken. Taste and adjust seasoning. Serve with the queso fresco, cilantro, and lime for garnish.

Saturday, December 29, 2012

American Mattress Manufacturing Recalls Renovated Mattresses Due to Violation of Federal Flammability Standard

If you or a loved one has been injured by this product, contact The Vogel Law Firm immediately to protect your rights. The consultation is free. Call 865-357-1949 or email rlvogel@robertvogellaw.com
 
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Mattresses and mattresses with foundations

Units: About 1,500

Manufacturer: American Mattress Manufacturing, of Atlanta, Ga.

Hazard: The mattresses fail to meet the mandatory federal open flame standard for mattresses, posing a fire hazard to consumers.

Incidents/Injuries: None reported

Description: This recall involves American Mattress Manufacturing’s renovated (rebuilt) twin, full, queen and king-size mattresses, and mattresses with built-in Bunkie boards. The used mattresses were stripped to the springs and rebuilt by American Mattress Manufacturing in a variety of fabrics and colors. The recalled mattresses have a yellow tag with “American Mattress Mfg. Co., 1899 Metropolitan Parkway, Atlanta, GA 30315.” Rebuilt mattresses with a federal tag, indicating they meet the federal mattress flammability standard, are not included in this recall.

Sold at: Bren-Wil Mattress Wholesale, Millbrook, Ala.; A&R Furniture, Macon, Ga.; Ahnn’s Mattress, Hampton, Ga.; Blair Village Pawn Shop, Atlanta, Ga.; E&S Mattress Discount, Columbus, Ga.; General Furnishing, Loganville, Ga.; HRC Furniture, Jackson, Ga.; Mattress for Less, Macon, Ga.; Mattress 4 Sale, Riverdale and Forest Park, Ga.; Starlite Furnishing, Chamblee, Ga.; Mega Mattress Outlet, Jackson, Miss. from December 2010 through September 2011 for between $30 and $200.

Manufactured in: United States

Remedy: Consumers should immediately contact American Mattress Manufacturing and arrange to have the recalled mattress sets picked up, rebuilt to be compliant with the federal flammability standards and returned to the consumer.

Consumer Contact: American Mattress Manufacturing; toll-free at (855) 628-6344, from 10 a.m. to 4 p.m. ET Monday through Friday, or online at www.americanmattressmfg.com and click on the recall link for more information.


Recalled American Mattress Manufacturing mattress Recalled American Mattress Manufacturing mattress Recalled American Mattress Manufacturing mattress
Recalled American Mattress Manufacturing mattresses



Recalled American Mattress Manufacturing mattress



Recalled American Mattress Manufacturing mattress
Recalled American Mattress Manufacturing mattress
Recalled American Mattress Manufacturing mattresses



Yellow label on recalled American Mattress Manufacturing mattresses
Yellow label on recalled American Mattress Manufacturing mattresses



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If you or a loved one has been injured by this product, contact The Vogel Law Firm immediately to protect your rights. The consultation is free. Call 865-357-1949 or email rlvogel@robertvogellaw.com

The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov

CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

To report a dangerous product or a product-related injury, go online to: SaferProducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (301) 595-7054 for the hearing and speech impaired. Consumers can obtain this news release and product safety information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.


Dunecraft Recalls Water Balz, Skulls, Orbs and Flower Toys Due to Serious Ingestion Hazard

If you or a loved one has been injured by this product, contact The Vogel Law Firm immediately to protect your rights. The consultation is free. Call 865-357-1949 or email rlvogel@robertvogellaw.com
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Water Balz, Growing Skulls, H2O Orbs "Despicable Me" and Fabulous Flowers toys

Units: About 94,700 in the United States and 600 in Canada

Importer: Dunecraft Inc., of Cleveland, Ohio

Hazard: When the marble-sized toy is ingested, it expands inside the body and causes a blockage in the small intestine, resulting in severe discomfort, vomiting, dehydration and could be life threatening. The toys do not show up on an x-ray and require surgery to be removed from the body.

Incidents/Injuries: The firm received one report of an 8-month-old girl from Humble, Texas who ingested a Water Balz and suffered an intestinal obstruction in August 2011. The Water Balz had to be surgically removed.

Description: This recall involves marble-sized toys that absorb water and grow up to 400 times their original size. They were sold as Water Balz (round-shape), Growing Skulls (skull-shape), H2O Orbs "Despicable Me" (round-shape) and Fabulous Flowers (flower-shape). They were sold in packages of six in green, yellow, red, blue and black colors. "Dunecraft," the name of the toy and the model number are printed on the toy's packaging.

Name Model Number Amount Recalled
Water Balz BC-0338 81000
Growing Skulls BC-0320 11850
H2O Orbs "Despicable Me" DM-0447 1800
Fabulous Flowers BC-0440 36

Sold at: Water Balz and Growing Skulls were sold at Bed Bath & Beyond, Five Below, Hobby Lobby, Lakeshore Learning Materials, Microcenter, Urban Outfitters Direct, Wegmans and other stores nationwide, and online at amazon.com, incrediblescience.com, keyporthobbies.com, americantoystores.com and other websites from September 2010 through November 2012 for about $3 per package. The H2O Orbs "Despicable Me" were sold exclusively at Universal Studios stores during June 2012 for about $3 per package. Fabulous Flowers were sold exclusively at Milaeger's in Racine, Wis. from June 2012 through November 2012 for about $3 per package.

Manufactured in: China and United States

Remedy: Consumers should immediately take this recalled toy away from children and contact Dunecraft for a free replacement toy.

Consumer Contact: Dunecraft Inc.; at (800) 306-4168, from 8 a.m. to 5 p.m. ET Monday through Friday, or online at www.dunecraft.com and click on the recall tab for more information.

Note: Health Canada's press release is available at http://cpsr-rspc.hc-sc.gc.ca/PR-RP/recall-retrait-eng.jsp?re_id=1745


Water Balz
Water Balz



Water Balz grow to 400 times their original size
Water Balz grow to 400 times their original size



Growing Skulls
Growing Skulls



H2O Orbs

H2O Orbs



Fabulous Flowers
Fabulous Flowers

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If you or a loved one has been injured by this product, contact The Vogel Law Firm immediately to protect your rights. The consultation is free. Call 865-357-1949 or email rlvogel@robertvogellaw.com

The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov

CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

To report a dangerous product or a product-related injury, go online to: SaferProducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (301) 595-7054 for the hearing and speech impaired. Consumers can obtain this news release and product safety information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.


High End Izoard XP Bicycles Recalled by Wilier Triestina Due to Fall Hazard; Bicycle Fork's Steerer Tube Can Break

FOR IMMEDIATE RELEASE
December 18, 2012
Release #13-075
Firm's Recall Hotline: (888) 849-7779
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

If you or a loved one has been injured by this product, contact The Vogel Law Firm immediately to protect your rights. The consultation is free. Call 865-357-1949 or email rlvogel@robertvogellaw.com


WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Izoard XP Bicycles

Units: About 200

Importer: Wilier Triestina USA LLC, of Atlanta, Ga.

Hazard: The bicycle fork's steerer tube can break while in use, posing a fall hazard.

Incidents/Injuries: None reported

Description: This recall involves Wilier Triestina model Izoard XP bicycles or framesets that were sold with carbon/alloy forks with serial numbers between LH0001 and LH4000. The serial number is located on the steerer tube of the fork, around six inches from the crown. Bicycles purchased before January 2012 are not included in this recall.

Sold at: Bicycle retailers nationwide from January 2012 through October 2012 for about $2,600 for the bicycle.

Manufactured in: China

Remedy: Consumers should stop using the recalled bicycles immediately and have an authorized Wilier bicycle dealer check for the serial number on the fork and, if it is included in the recall, the dealer will install a new Izoard replacement fork at no charge.

Consumer Contact: Wilier USA; toll-free at (888) 849-7779 from 9 a.m. to 5 p.m. ET Monday through Friday, or online at www.wilier-usa.com



Wilier Triestina Izoard XP bicycle

Wilier Triestina Izoard XP bicycle



Wilier Triestina Izoard XP bicycle fork

Wilier Triestina Izoard XP bicycle fork



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If you or a loved one has been injured by this product, contact The Vogel Law Firm immediately to protect your rights. The consultation is free. Call 865-357-1949 or email rlvogel@robertvogellaw.com


The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov

CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

To report a dangerous product or a product-related injury, go online to: SaferProducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (301) 595-7054 for the hearing and speech impaired. Consumers can obtain this news release and product safety information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.

LG Recalls Top-Loading Washing Machines Due to Risk of Injury


FOR IMMEDIATE RELEASE
December 18, 2012
Release #13-073
LG Recall Hotline: (855) 400-4639
Sears Recall Hotline: (888) 812-2935

CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
 
If you or a loved one has been injured by this product, contact The Vogel Law Firm immediately to protect your rights. The consultation is free. Call 865-357-1949 or email rlvogel@robertvogellaw.com

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Top-Loading Washing Machines

Units: About 457,000

Manufacturer: LG Electronics Inc., of South Korea

Hazard: An unbalanced load can cause the washing machine to shake excessively and the drum to come loose during use, posing a risk of injury to consumers and property damage to the surrounding area.

Incidents/Injuries: LG has received at least 343 reports of washing machines vibrating excessively, of which at least 187 involved minor property damage. One minor injury has been reported.

Description: The recall involves three LG and three Kenmore Elite Brand top-loading washing machine models manufactured between February 2010 and November 2011. The units come in beige, white and graphite steel colors. Recalled washing machines have the following model and serial number ranges:

Brand Model Serial Number Range
LG WT5001CW 002KW*******
WT5101HV through
WT5101HW 111KW*******
Kenmore Elite 29002 005KW*******
29272 through
29278 111KW*******

The model and serial number can be found on a label fixed on the rating plate on the top back of the washing machine.

Sold at: LG models were sold at Best Buy, Home Depot, Kmart, Sears and local retailers nationwide. Kenmore Elite models were sold at Kmart and Sears. All were sold from April 2010 to December 2012 for between $899 and $1,099.

Manufactured in: South Korea

Remedy: Consumers should immediately contact LG or Sears for a free in-home repair of the machine. Consumers will also receive supplemental information to be inserted into their owner's manual and a new caution label to be placed on the washing machine. Consumers who have observed their recalled washing machine shaking excessively should immediately stop using it. Consumers should be aware that loading their machines with water-proof or water-resistant items, such as mattress pads, mattress covers and similar items, increases the chances of loads being unbalanced.

Consumer Contact: For LG; toll-free at (855) 400-4639, from 8 a.m. to 7 p.m. CT Monday through Friday, or 8 a.m. to 2 p.m. CT Saturday, or online at www.lg.com/us and click on Public Notices. For Kenmore or LG washers purchased at Sears or Kmart; toll-free at (888) 812-2935, from 7 a.m. to 7 p.m. CT Monday through Friday, or from 7 a.m. to 6 p.m. CT Saturday, or online at www.sears.com and click on Customer Service Home then Product Recalls in the Product Information section.



LG WT5001CW LG WT5101HV
LG WT5001CW

LG WT5101HV

LG WT5101HW Kenmore Elite 29002
LG WT5101HW

Kenmore Elite 29002

Kenmore Elite 29272 Kenmore Elite 29278
Kenmore Elite 29272


Kenmore Elite 29278

Location of the rating label on the washer

Location of the rating label on the washer



Rating label with the serial number

Rating label with the serial number

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If you or a loved one has been injured by this product, contact The Vogel Law Firm immediately to protect your rights. The consultation is free. Call 865-357-1949 or email rlvogel@robertvogellaw.com

The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov

CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

To report a dangerous product or a product-related injury, go online to: SaferProducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (301) 595-7054 for the hearing and speech impaired. Consumers can obtain this news release and product safety information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.

Catalina Outdoor Fireplace Recalled by Christmas Tree Shops Due to Burn and Laceration Hazard


FOR IMMEDIATE RELEASE
December 18, 2012
Release #13-072
Firm's Recall Hotline: (888) 287-3232
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

If you or a loved one has been injured by this product, contact The Vogel Law Firm immediately to protect your rights. The consultation is free. Call 865-357-1949 or email rlvogel@robertvogellaw.com

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Catalina Outdoor Fireplace

Units: About 2,000

Importer: Nantucket Distributing Co., Inc. of Middleboro, Mass.

Hazard: The glass components of the Catalina Outdoor Fireplace can break when a fire is lit posing a burn and laceration hazard.

Incidents/Injuries: Christmas Tree Shops received three reports of the glass component of the outdoor fireplace breaking. No injuries have been reported.

Description: The Catalina Outdoor Fireplace is free standing and constructed of glass and black metal. The 21 1/4 in. square base sits on short legs. Black corner pieces hold the glass sides with one hinged side to add logs. It has a square, vented top lid and stands about 30" tall. The model number CT840BL appears on the outside of the packaging and on the instruction manual.

Sold at: Christmas Tree Shops retail locations from September 2011 to October 2012 for about $130.

Manufactured in: China

Remedy: Consumers should immediately stop using the recalled outdoor fireplace and return it to any Christmas Tree Shops store to receive a full refund.

Consumer Contact: Christmas Tree Shops toll-free at (888) 287-3232 any time, or online at www.christmastreeshops.com and go to the link Safety and Recalls at the bottom of the homepage.



Catalina Outdoor Fireplace

Catalina Outdoor Fireplace




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The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov

CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

To report a dangerous product or a product-related injury, go online to: SaferProducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (301) 595-7054 for the hearing and speech impaired. Consumers can obtain this news release and product safety information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.

Respiratory Dangers from Christmas Ornaments due to mold

FOR IMMEDIATE RELEASE
December 20, 2012
Release #13-080
Firm's Recall Hotline: (855) 730-7998
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
HC Media Contact: (613) 957-2983

If you or a loved one has been injured by this product, contact The Vogel Law Firm immediately to protect your rights. The consultation is free. Call 865-357-1949 or email rlvogel@robertvogellaw.com

PAPYRUS Signature Collection Ornaments Recalled Due to Risk of Exposure to Mold


WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: 2012 PAPYRUS Holiday Signature Ornaments

Units: About 45,500 in the U.S. and about 10,200 in Canada

Importer: Schurman Retail Group, of Fairfield, Calif.

Manufacturer: Idianale Inc./Dekokraft, Inc., of Pasig City, Philippines

Hazard: The presence of Aspergillus mold spores were discovered on the products, posing a risk of respiratory or other infections in individuals with chronic health problems or who have impaired immune systems.

Incidents/Injuries: None reported.

Description: The recalled holiday ornaments come in 24 styles and are made of colorfully painted metallic-looking resin. They range from approximately three to six inches in height and are packaged individually in decorative boxes made of heavy paperstock, distressed painting finish and jeweled lid details. The UPC code can be found on the back of the product's hangtag with the PAPYRUS logo or on a label on the bottom of the box.

Name/Description UPC Code
Ornament Flamingo pink 90000165304
Ornament Star red 90000165328
Ornament Green Royal Frogs Set of 2 90000165342
Ornament Skiers Male Female Set of 2 90000165359
Ornament Cupcake Set of 3 90000165366
Ornament Round ball with diamonds Set of 3 90000165373
Ornament Tree 90000165397
Ornament Angel with harp red and pink 90000165403
Ornament Angel blowing horn blue 90000165410
Ornament Santa Red 90000165427
Ornament Ballerina green with fan 90000165434
Ornament Angel folding hands green 90000165465
Ornament Unicorn silver with gold mane and tail 90000165472
Ornament Hummingbird blue 90000165496
Ornament Angel holding green tree 90000165502
Ornament Ballerina white 90000165526
Ornament Santa holding tree 90000165540
Ornament Bird blue 90000165571
Ornament Horse Pink and gold 90000165588
Ornament Ballerina frog white 90000165595
Ornament Heart Magenta 90000165601
Ornament Frog Prince Sitting green 90000165564
Ornament Angel holding harp 90000165489
Ornament Reindeer green with pink and gold 90000165458

Sold at: PAPYRUS and Carlton Cards Stores in the U.S. and Canada for between $24 and $44.

Manufactured in: Philippines

Remedy: Consumers should immediately place the ornament in a container and return the product and decorative box to their nearest PAPYRUS or Carlton Cards Store, or contact Schurman Retail Group for instructions on how to return the product.

Consumer Contact: Schurman Retail Group toll free at (855) 730-7998 between 8 a.m. to 5 p.m. ET Monday through Friday or online at www.papyrusonline.com and click on Recalls for more information.

Note: Health Canada's press release is available at http://cpsr-rspc.hc-sc.gc.ca/PR-RP/recall-retrait-eng.jsp?re_id=1742



Ornament Horse Pink and Gold Ornament Frog Prince Sitting
Ornament Horse Pink and Gold Ornament Frog Prince Sitting
Ornament Round ball with diamonds Set of 3 Ornament Heart Magenta
Ornament Round ball with diamonds Set of 3 Ornament Heart Magenta


Decorative Ornament Box

Decorative Ornament Box


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If you or a loved one has been injured by this product, contact The Vogel Law Firm immediately to protect your rights. The consultation is free. Call 865-357-1949 or email rlvogel@robertvogellaw.com

PAPYRUS Signature Collection Red 17-Inch Decorative Trees Recalled Due to Risk of Exposure to Mold

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Name of Product: 2012 PAPYRUS Signature Collection Tree
Units: About 455 in the U.S. and about 75 in Canada
Importer: Schurman Retail Group, of Fairfield, Calif.
Manufacturer: Idianale Inc./Dekokraft, Inc., of Pasig City, Philippines.
Hazard: The presence of Aspergillus mold spores were discovered on the products, posing a risk of respiratory or other infections in individuals with chronic health problems or who have impaired immune systems.
Incidents/Injuries: None reported.
Description: The recalled decorative tree is made of a metallic-looking resin and painted red with a gold base and raised gold and red embellishments. It stands 17-inches high and is packaged in a decorative box made of heavy paperstock, distressed painting finish and jeweled lid details. The UPC code, 9000165441, can be found on the back of the product's hangtag with the PAPYRUS logo or on a label on the bottom of the box.
Sold at: PAPYRUS stores in the U.S. and Canada September 2012 to November 2012 for about $54.
Manufactured in: Philippines
Remedy: Consumers should immediately put the tree in a container return it and the decorative box to their nearest PAPYRUS or contact Schurman Retail Group for instructions on how to return the product.
Consumer Contact: Schurman Retail Group toll free at (855) 730-7998 from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.papyrusonline.com and click on Recalls for more information.
Note: Health Canada's press release is available at http://cpsr-rspc.hc-sc.gc.ca/PR-RP/recall-retrait-eng.jsp?re_id=1742

Decorative Christmas Tree 17" Red

Decorative Christmas Tree 17" Red



Decorative Tree Box

Decorative Tree Box

The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov

CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

To report a dangerous product or a product-related injury, go online to: SaferProducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (301) 595-7054 for the hearing and speech impaired. Consumers can obtain this news release and product safety information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.

Meijer Recalls Falls Creek Kids Denim Jeans Due to Choking Hazard


FOR IMMEDIATE RELEASE
December 27, 2012
Release #13-084
Firm's Recall Hotline: (800) 927-8699
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

If your child or the child of a loved one has been injured as a result of the failure of this product, call the Vogel Law Firm and ask for Robert Vogel, immediately. The consultation is free. 865-385-4315 or email rlvogel@robertvogellaw.com

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Falls Creek Kids infant and toddler denim jeans

Units: About 140,500

Importer: Meijer Distribution Inc., of Grand Rapids, Mich.

Manufacturer: Zhangjiagang Xingyu Print and Dye Knittingly Co., LTD , of Zhangjiagang, China

Hazard: The snap on the front of the infant and toddler denim jeans may come loose and separate from the fabric, posing a choking hazard to young children.

Incidents/Injuries: None reported.

Description: Falls Creek Kids infant and toddler, boys and girls, denim jeans were sold in sizes 12M-5T. “Falls Creek Kids” is printed on a tag sewn on the inside back of the waistband. The jeans are denim with or without a pink star or heart graphic design stitched on the outside front and back of the jeans. The jeans also were sold with cargo style pockets. There is label on the inside of the recalled jeans near the front left pocket that includes the date of production: 04/2012 and production location: Zhangjiagang, China. Falls Creek Kids infant jeans with production code 4/2012 in sizes 0-3 mos, 3-6 mos or 6-9 mos. printed on a label on the inside of the back waistband are not included in the recall.

Sold exclusively at: Meijer and HEB stores nationwide from June 2012 through November 2012 for about $12.

Manufactured in: China

Remedy: Consumers should immediately stop using the denim jeans and bring them to the customer service desk at any Meijer or HEB store for a full refund.

Consumer Contact: For additional information, contact Meijer at (800) 927-8699 anytime. Consumers can also visit www.meijer.com and click on Product Recalls under the Help section.


Falls Creek kids jeans with stars/heart designs Falls Creek kids jeans with stars/heart designs
Falls Creek kids jeans with stars/heart designs
Falls Creek Kids jeans with hearts on rear pockets Falls Creek Kids jeans with hearts on rear pockets
Falls Creek Kids jeans with hearts on rear pockets
Falls Creek Kids jeans with plain front and back pockets Falls Creek Kids jeans with hearts on rear pockets
Falls Creek Kids jeans with plain front and back pockets
Falls Creek Kids cargo jeans
Falls Creek Kids cargo jeans


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If your child or the child of a loved one has been injured as a result of the failure of the this product, call the Vogel Law Firm and ask for Robert Vogel, immediately. The consultation is free. 865-385-4315 or email rlvogel@robertvogellaw.com

The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov

CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

To report a dangerous product or a product-related injury, go online to: SaferProducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (301) 595-7054 for the hearing and speech impaired. Consumers can obtain this news release and product safety information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.

Due to Five Infant DeathsFour Retailers Agree to Stop Sale and Voluntarily Recall Nap Nanny Recliners

FOR IMMEDIATE RELEASE
December 27, 2012
Release #13-083
CPSC Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

If your child or the child of a loved one has been injured as a result of the failure of the Nap Nanny, call the Vogel Law Firm and ask for Robert Vogel, immediately. The consultation is free. 865-385-4315 or email rlvogel@robertvogellaw.com

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) and four major retailers are announcing a voluntary recall to consumers who own Nap Nanny® recliners made by Baby Matters, LLC of Berwyn, Pa.

Retailers currently participating include Amazon.com, Buy Buy Baby, Diapers.com and Toys R Us/Babies R Us. At the request of the CPSC, these retailers have agreed to voluntarily participate because the manufacturer is unable or unwilling to participate in the recall.
CPSC is warning parents and caregivers that these baby recliners contain defects in the design, warnings and instructions, which pose a substantial risk of injury and death to infants. This recall includes the Nap Nanny Generations One and Two, and the Chill™ model infant recliners.
In July 2010, CPSC and Baby Matters, LLC issued a joint recall news release that offered a discount coupon to Generation One owners toward the purchase of a newer model Nap Nanny, and improved instructions and warnings to consumers who owned the Generation Two model of Nap Nanny recliners.
At the time of the 2010 recall, CPSC was aware of one death that had occurred in a Nap Nanny recliner and 22 reports of infants hanging or falling out over the side of the Nap Nanny, even though most of the infants had been placed in the harness. Subsequently, despite the improvements to the warnings and instructions, additional deaths using the Nap Nanny recliners were reported, including one in a Chill model. Since the 2010 recall, CPSC has received an additional 70 reports of children nearly falling out of the product.
The Nap Nanny is a portable infant recliner designed for sleeping, resting and playing. The recliner includes a bucket seat shaped foam base and a fitted fabric cover with a three point harness. Five thousand Nap Nanny Generation One and 50,000 Generation Two models were sold between 2009 and early 2012 and have been discontinued. One hundred thousand Chill Models have been sold since January 2011. The recalled Nap Nanny recliners were sold at toy and children's retail stores nationwide and online, including at www.napnanny.com. All models were priced around $130.
Nap Nanny Generation Two model
Nap Nanny Generation Two model

For more information, consumers should review the return policy of the individual retailer from which they purchased a Nap Nanny recliner. If the product was purchased at one of the retailers below, see the link or call for instructions on returns:

If your child or the child of a loved one has been injured as a result of the failure of the Nap Nanny, call the Vogel Law Firm and ask for Robert Vogel, immediately. The consultation is free. 865-385-4315 or email rlvogel@robertvogellaw.com
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The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov

CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, go online to: SaferProducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (301) 595-7054 for the hearing and speech impaired. Consumers can obtain this news release and product safety information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.

Tuesday, December 11, 2012

Federal Criminal Defense

We are accepting new Federal and State Criminal Defense cases. Robert L. Vogel is available to travel and defend clients in Federal Court across the United States. He has successfully handled thousands of criminal cases in his career.

Good, solid aggressive criminal defense - your life and freedom are too important to risk.

Free consultation: rlvogel@robertvogellaw.com

See our Web page: Criminal Defense

Saturday, December 1, 2012

Should HIV positive prisoners be segregated from the general population?

This showed up on my facebook. I don't know enough about the subject to have an opinion. But, it seems interesting. I'd sure love some input - opinions, facts that support those opinions - I'd like to get a sense of what informed people think about this important issue.
 
Bob Vogel
 
 
 
‎"I joined the ACLU lawsuit because I feel like it’s not right for us to be punished just because we have a disease. " - Albert Knox is fighting segregation of HIV positive prisoners in Alabama.

The Alabama Department of Corrections automatically excludes all prisoners with HIV from a host of rehabilitative and vocational programs that ADOC offers to all prisoners who don’t have HIV: https://www.aclu.org/blog/hiv-aids-prisoners-rights/living-hiv-alabama-prison

Friday, November 23, 2012

The Key to Effective Cross-Examination


This article was inspired by a wonderful article by Gerry Spence. As many of you know, Mr. Spence is a trail lawyer of extraordinary ability. I have admired him and learned much from his writings over the years. His statements about cross examination inspired me because, I know, from experience, they are true. So, for anyone who is going to engage in a cross examination, this is great advice and will serve you well.
 

–"Cross-examination is simply storytelling in yet another form. Cross-examination is the method by which we tell our story to the jury though the adverse witness and, in the process, test the validity of the witness's story against our own." [Spence, Win Your Case, at 169]

This statement is the essence of a great cross examination. You must be prepared on each cross to tell your client's story.  ["When the lawyer gets up to cross-examine he should have a significant story in mind that he wants to tell with this witness."][218]. This drives the pre-requisite, you must know your client's story - the winning, compelling story, before you can tell it. Thus, excellent cross-examination arises from intense and in depth case preparation.

Case preparation begins with getting to know your client. You should know him as a person. You should know him well enough to care about him. You must be able to tell the jury enough about him so that he ceases to be the two-dimensional plaintiff or criminal defendant and becomes a flesh and blood person. Most attorneys never get past the skeletal stage in learning about their clients. Fleshing them out is a means of learning things you need to share with the jury so that they can know him and care about him.

Next, you need to understand the facts of the matter so well that you could sit in front of a classroom, in a junior high school, and tell them the story in a way they could understand and sympathize. Whatever the topic of the trial is, you should be able to tell anyone a compelling and easily understood story about the facts and events in a cohesive manner. If you wrote it down, which I recommend, in the fashion of a short story, it would be clear, concise and compelling.

You then need to make a list of all the facts, good and bad, that may come out at trial. Associate each fact with a witness. Identify which part of the story that fact belongs to. Now you have identified the part of the story you will tell through that witness. For criminal defense, you want to identify which of the prosecutor's witnesses will tell this part of the story for you. For civil plaintiffs, you need to identify which of your witnesses (for direct) but, more importantly, which of the defendant's witnesses will help tell which parts of your story.

Now you are ready to prepare your questions. ["[B]efore we begin the cross-examination, we must have in mind the story we wish to tell through this witness. We have prepared the story for each witness and we'll not muddle around asking a bunch of meaningless questions in order to hear our own melodious voices, nor will we repeat the questions we heard on direct examination, except where it is necessary as foundation for a well-prepared cross. And, at last, we ask ourselves, do we want to cross-examine this witness at all?" Id. at 218-219. Once you determine the questions you want to ask a particular witness, if any, then you are ready to prepare them.

I don't like to go into court with written questions. There is grave danger that you will end up just checking off boxes and not listen and respond. I try to internalize all of the information. I practice my cross as I relate my story to people. Then, I create an outline for a witness. I keep track of what topical areas and facts I need to bring out. This way I can listen to my witness.

Keep in mind, cross-examination is about story telling. But, it is also about mining for gold. So, as I'm telling my client's story through each witness, I watch and listen to them carefully. If I detect facts and information that I want, I go gold mining. I have found amazing nuggets that have helped me win trials and favorable verdicts.

Also, if you pay close attention, you will know when the witness's version of the story and your version collide. When they do, you may want to work on that area if you can do it constructively or if you can show that the witness is inaccurate and your version is correct. If you can't, you want to avoid this part of the story and not ask about it.

Make sure you keep your story and questions simple. ["Basic cross-examination is nothing more than a true-or-false test administered to the witness, in the course of which our story, as it concerns that witness, is told, question by question, to the witness. It makes little difference whether the witness answers yes or no. Question by question, our story is being told. It's for the jury to determine whether the witness is telling the truth when he denies the statements contained in our questions. If we took each statement out of our cross-examination and joined them, we would have presented our story for that witness." Id. at 170]. All this is dead on.

The rule of one should apply. What I mean by that is that each question contains only one fact. Each question is one simple, distinct concept. The mistake I hear more in court than any other is a lawyer asking compound questions. These are confusing to juries and to witnesses. And, if your opposing counsel is on the ball, can draw an objection that will make you look a little foolish.

So, even if you are telling a story with multiple facts and parts, break them down to one fact soundbites. It's like eating an elephant - you do it one bite at a time. So, if you want to establish that someone was in a store at 8 pm at night buying beer when the event occurred, don't ask: "were you in the Sac-o-suds at 8 pm on Tuesday night, March 11, 2012, buying Coors light at the time two youths walked in, pulled a gun, shot the clerk, robbed the store and left in a metallic, mint green car?"

You may want to get all those facts out, but don't be impatient. Get them out one fact at a time:

"You were in the Sac-o-suds on March 11?"
"Yes."
"This was a Tuesday evening?"
"Yes."
"You had gone there to buy beer?"
"Yes".,...

etc. One fact at a time.

Remember the old KISS method? Keep it simple, stupid? This rule applies to all cross examinations. Get your answer and move on. Tell your story in the simplest, most acceptable and understandable terms as you possible can. Relate to the jury. Its okay to talk about feelings, juries have them. Let the jury know about the emotions of the moment if that helps your client to.

Well, I hope that this gets you thinking about ways to improve your cross-examinations. I know that these ideas have helped me try many cases over the years and get good results.

More soon-

And, I highly recommend Gerry Spence's book:


"Exposing the Hidden Truth–Cross-Examination," in Gerry Spence, Win Your Case 168-222 (New York: St. Martin's Press, 2005)

All the best,

Bob Vogel
The Vogel Law Firm
rlvogel@robertvogellaw.com

Sunday, October 28, 2012

Romney is Selling Out America to China Right Now!

He's lying to you. He says he wants to get tough on China. Its a lie. He says he wants to keep jobs here, its a lie. He's going to package up America in trucks and send it to China.

As the people in Freeport, IL. Watch this Video.

Bain Capital Takes Jobs to China under Romney's watch


Here's a link to an Article in the NY Times about it.

http://www.nytimes.com/2012/10/10/us/politics/as-romney-repeats-trade-message-bain-maintains-china-ties.html?_r=1&pagewanted=all

I urge you to do some research and discover why Romney is nothing but bad for America. If you want to know how he'll handle the economy - this is it.

Thursday, October 18, 2012

Fleece Hoodie and T Shirts recalled - excessive Lead Paint - Danger

Children's Apparel Network Recalls Fleece Hoodie and T-Shirt Sets Due to Violation of Lead Paint Standard; Sold Exclusively at Target


WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

If you or a loved one has been hurt by this product or any other product, call Attorney
Robert L. Vogel at The Vogel Law Firm immediately at 865-357-1949 or email Attorney Vogel at rlvogel@robertvogellaw.com



Name of Product: Fleece Hoodie and T-Shirt Sets

Units: About 6,200

Manufacturer: Children's Apparel Network, Ltd. of New York, N.Y.

Hazard: The surface coating on the zipper of the fleece hoodie and t-shirt sets contain excessive levels of lead, violating the federal lead paint standard.

Incidents/Injuries: None reported

Description: The recalled product is a two-piece coordinated set with fleece hoodie and t-shirt. They were sold in red/white, gray/red, and black/blue color combinations and in assorted sizes from 12M to 5T. The hoodies have Disney character designs in three different styles. "RN 16435" and the following identification number, corresponding to the style, are printed on the label along the hoodie's side seam:

Style Description Identification Number
Red Fleece Hoodie with Snow White DP4253B
Grey Fleece Hoodie with Mickey Mouse J4821
Blue Fleece Hoodie with Cars J4820-A

Sold exclusively at: Target stores nationwide and Target.com from October 2011 through December 2011 for approximately $18.

Manufactured in: Pakistan

Remedy: Consumers should take the product away from the child immediately and return the set to any Target store for a full refund.

Consumer Contact: For additional information, contact Children's Apparel Network at (800) 919-1917 between 9 a.m. and 4 p.m. CT Monday through Friday, or visit the firm's website at www.childrensapparelnetwork.com and click on the "Press" link.



Picture of recalled fleece hoodie and T-shirt sets



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The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov

CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

To report a dangerous product or a product-related injury, go online to: SaferProducts.gov, call CPSC's Hotline at (800) 638-2772 or teletypewriter at (301) 595-7054 for the hearing and speech impaired. Consumers can obtain this news release and product safety information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.