Tainted Meat Settlement Set at $27 Million

Canada's Maple Leaf Foods has agreed to a $27 million settlement for about 5,000 people affected earlier this year by listeriosis-contaminated deli meats.
Company President Michael McCain said the Toronto company and class-action lawyers had worked together to settle the claims that began in August with Canada's largest recall.
The federal Canadian Food Inspection Agency says 20 people died of listeria poisoning, although a Saskatchewan class-action lawyer claims that there are actually 29 families that lost someone to poisoning.
Under the settlement Maple Leaf's liability insurer will pay - $120,000 will go to the estates of people who died plus funeral expenses, $35,000 to their spouses, $30,000 for each of their children and $20,000 for their parents.
Related illnesses lasting a day or two will be eligible for a $750 payout, and people who were sick two weeks to a month will receive $8,000 plus any loss of income and $750 a day for hospitalization.
The settlement still requires court approval in Ontario, Quebec and Saskatchewan.

Mark J. Caruso
Caruso Law Offices, PC
Licensed in New Mexico and California
http://www.carusolaw.com/
505-883-5000
800-657-9292

Mattel Settles Over Lead in Toys

Toy maker Mattel Inc. will pay $12 million to more than three dozen states to settle an investigation over Chinese-made lead-tainted toys shipped to the U.S. in 2007, state officials said Monday.
Washington state will receive $241,558 from the settlement, which lets the state use the money for consumer education, litigation or as a reimbursement of expenses.
Mattel and its Fisher Price unit recalled more than 21 million Chinese-made toys last year, beginning in August, fearing that the items were tainted with lead paint. Some had tiny magnets that children could accidentally swallow.
All the affected toys were pulled off shelves by December 2007.
As part of the agreement, Mattel also agreed to lower the acceptable level of lead in toys shipped to the States to 90 parts per million, down from 600 parts per million, which is currently the federal standard.
When new regulations go into place next year, however, the federal standard will also fall to 90 parts per million.
"We are pleased this agreement with Mattel and Fisher Price will result in much safer standards," Massachusetts Attorney General Martha Coakley said during a news conference Monday.
Massachusetts will receive $625,000 as part of the settlement. The state plans to use $500,000 of the money for a grant program funding organizations that foster awareness of the dangers of lead paint and $125,000 will cover legal costs, Coakley said.
"Mattel has demonstrated its commitment to children's safety by pledging to meet standards even more stringent than those currently required," El Segundo, Calif.-based Mattel said in a statement. "Mattel also has taken steps that go beyond current requirements to give parents greater confidence that the Mattel toys that they buy this holiday season will be the safest ever."
States taking part in the settlement are: Alabama, Alaska, Arkansas, Arizona, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Iowa, Kansas, Kentucky, Maryland, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia and Wyoming.
California also took part in negotiations, but reached a separate agreement under its Safe Drinking Water and Toxic Enforcement Act. As part of that agreement, California said Thursday that nine toy companies, including Mattel, would pay the state $1.8 million over lead-tainted toys.
Needham & Co. analyst Sean McGowan said the settlement had been anticipated, and $12 million is probably less than the legal costs the company would have incurred if the company hadn't reached a settlement with the states.
"Anything that would put to rest this question (of toy safety) is a net positive, as long as it's not terribly crippling, and $12 million is pretty good to put to rest state-level actions," he said. However, he noted that class-action suits from consumers still are pending.

Mark J. Caruso
Caruso Law Offices, PC
Licensed in New Mexico and California
http://www.carusolaw.com/
505-883-5000
800-657-9292

High Court Splits 5-4 on 'Light Cigarettes'

A Supreme Court decision Monday allowing smokers to sue tobacco companies for fraud in marketing "light" cigarettes is the latest development against cigarettes touted as low in tar and nicotine.
In a win for consumers over business interests, the justices decided 5-4 that federal regulation of cigarette labels does not shield manufacturers from state claims of deceptive advertising. The decision lets a lawsuit by Maine smokers of Marlboro Lights and Cambridge Lights proceed against Altria Group, the parent company of Philip Morris.
An estimated 43 million adults in the U.S. smoke, according to the Centers for Disease Control and Prevention. Numerous similar fraud lawsuits are pending.
"We will now have an opportunity to prove at trial that the tobacco companies have been deceptive," said the Washington lawyer who represented the Maine smokers. "Our people thought they were buying a safe cigarette, but they weren't."
Murray Garnick of Philip Morris said the company "will assert many strong defenses used successfully in the past to defend against this very type of case."
Monday's ruling comes three weeks after the Federal Trade Commission rescinded guidelines about tar and nicotine levels that let the tobacco industry pitch cigarettes as "light" and possibly less dangerous to health. The Justice Department, siding with the smokers, cited studies in its brief showing smokers of "lights" compensated by taking deeper puffs, holding smoke in their lungs longer.
The case, closely followed by health advocates and manufacturers, tested the relationship between federal and state law. Usually, when federal and state laws regulate the same conduct, federal law trumps state actions.
After Maine smokers sued, claiming Altria knew its cigarettes were not delivering less nicotine, Altria said the suit was barred by the Federal Cigarette Labeling and Advertising Act. That law bans states from any "requirement or prohibition based on smoking and health" in cigarette ads. Lower courts disagreed on whether the law eclipsed the state grounds in "light" cigarette cases.
Justice John Paul Stevens emphasized for the majority Monday that federal law blocks only state rules related to smoking and health. The Maine law, he wrote, "is a general rule that creates a duty not to deceive." He noted the government does not endorse use of "light" and "low tar" descriptions.
He was joined by the more liberal justices (David Souter, Ruth Bader Ginsburg and Stephen Breyer) and swing voter Anthony Kennedy.
For the dissenters, Justice Clarence Thomas said the majority misinterpreted past court rulings on competing federal and state rules. He was joined by Chief Justice John Roberts and Justices Antonin Scalia and Samuel Alito.

Mark J. Caruso, attorney
Licensed in New Mexico and California
http://www.carusolaw.com/
505-883-5000
800-657-9292

What You Need To Do Before You're in an Albuquerque, New Mexico Accident

In this strained economy more and more people are dropping their auto insurance. Currently as many as one out of three drivers in New Mexico are without insurance. Before you are in an accident you need to review your own policy to make sure your uninsured motorist coverage is adequate--we recommend at least 100,000/300,000 in UM/UIM coverage. You should also choose to get the "med pay" option if your company offers it. With med pay you have a pot of money (at an amount you choose) that will immediately pay your medical bills regardless of who's at fault in the accident. Without med pay your medical bills may not be paid until all treatment has ended and your case receives a lump sum settlement. By then, your medical providers might have you in collections, and your credit rating could be harmed. Last, you need to determine whether you are "upsidedown" in your car: in other words, do you owe more than your car would bring if you traded it in? If so, "gap insurance" is highly recommended. Otherwise you could end up with no car and thousands of dollars in debt.

Caruso Law Offices helps folks who have been injured in accidents where the other driver was in the wrong yet had no insurance. We can help you obtain proper compensation from your uninsured motorist coverage and offer a free consultation with no obligation to review whether an offer from your insurance company is fair.

Please call us today at 505-883-5000 to schedule your free consultation on your auto accident with injuries.

Kelly Vickers
Administrative Assistant to
& under the guidance of
Attorney Mark Caruso

I SUE DRUNK DRIVERS......

If you are involved in an accident with a drunk driver, please call Caruso Law Offices, PC for a free consultation. Don't let the drunk's insurance company take advantage of you. Mark Caruso, attorney, is a former insurance company attorney and he will make sure that you get everything you are entitled to get. That includes property damage to your vehicle, loss of use of your vehicle or rental car, medical bills, pain and suffering, lost earnings and wages, permanent injury and impairment and PUNITIVE DAMAGES. Call us today at 505-883-5000 or at 800-657-9292 or see our detailed web page at www.carusolaw.com Thank you, and drive safely this New Year.

Receive Punitive Damages in Albuquerque, New Mexico Drunk Driver Accidents

New Mexico law states that you can get punitive damages when you are involved in an auto accident with a drunk driver which causes you injuries. The punitive damages are to punish the drunk driver for violating New Mexico law. Typically the amount of punitive damages for a drunk driver accident depends on such facts as the blood alcohol content and the number of previous convictions for drunk driving. Typically, the drunk driver's insurance company will refuse to pay punitive damages. However, most will pay extra money to settle the case and keep it from going to trial. If the drunk driver's insurance refuses to pay an extra money, you may have a right to claim punitive damages from your own insurance company. While this may sound strange at first, your own insurance company will pay for claims that are uninsured with the drunk driver's insurance. Payment of uninsured motorist coverage from your own insurance company may depend on the amount of money you are offered from the drunk driver's insurance and the amount of uninsured motorist coverage you have.

As we approach New Year's Eve, please drive safely. Never Drink and Drive no matter how much alcohol you have consumed.

If you have questions about injuries from a drunk driver please call us immediately at 505-883-5000 or 800-657-9292 or e-mail us at mark@carusolaw.com or see our detailed web site at www.carusolaw.com

Thanks for visiting us. Mark Caruso

Financial Crisis Causes Injured New Mexico Victims of Car Accidents to Hire Attorneys

The recent financial crisis is causing insurance companies to offer limited settlements to unrepresented claimants injured in auto accidents. Insurance adjusters are telling unrepresented claimants that they won't fully pay for medical bills, pain and suffering, lost earnings and permanent injury because the insurance company just doesn't have the money to pay.

In most instances this is just not true. Insurance companies are still settling cases for the same amounts as the months before the financial crisis as long as the claimant has an attorney. It is just a gimmick to get people to settle quick and for less money.

The reaction has been for these claimants to hire an attorney to fight the insurance company. In the long run, it costs the insurance more money to settle the case when a lawyer is involved.

It is very easy for a client to hire an attorney in a car accident claim against an insurance company. Most attorneys require no money up front and get a percentage of the total settlement at the end of the case. This is called a contingency fee agreement.

The client will get an honest evaluation of their claim by the attorney, and the attorney can offer treatment from health care providers who will wait until the case settles to be paid. The insurance company will no longer be able to communicate or intimidate the client after an attorney is hired.

Mark Caruso is a former insurance company attorney, and we know how insurance companies think and act. We will protect you from the insurance company and do our best to get you the most money possible. Mark Caruso is licensed in New Mexico and California since 1982 and is a graduate of Pepperdine University School of Law.

Call us for a free consultation at 505-883-5000 or at 800-657-9292 or e-mail us at mark@carusolaw.com or see our detailed web site at www.carusolaw.com

Diminution in Value to Vehicle Following Car Accident

Following your car accident you may be entitled to an extra payment from the insurance company for diminution in value to your damaged car. This payment is in addition to the repairs of your vehicle and loss of use of your car which should be paid to you by the insurance company. New Mexico law states that you are entitled to the loss in value, depreciation or diminution in value if your car is worth less following the accident.

We use an appraiser to determine the value of the car before the accident versus the value of the car after the accident. The difference is the diminution in value. We normally make this claim for clients with newer cars with substantial damage. Simply, this means that your car is worth less as a trade in or when offered for sale because it has been in the accident. You are entitled to get money from the insurance company for this difference.

If you have a diminution in value claim and have additional questions please contact us for a free consultation.

Thank you. Mark Caruso, attorney. Licensed in New Mexico and California since 1982. Our contact information is 505-883-5000 or 800-657-9292 or mark@carusolaw.com or see our detailed web site at www.carusolaw.com

Family Sues Over Tainted Meat

The parents of a 10-year-old girl from Mahtomedi, who became seriously ill after allegedly consuming E. coli-tainted beef patties, filed a multimillion dollar lawsuit Tuesday against Cargill Meat Solutions Corp.
In the suit, filed in U.S. District Court in Minneapolis, Art and Leah Hemmingson say their daughter, Ruth, was hospitalized for nearly a month last year with life-threatening complications associated with an E. coli infection. She will probably need a kidney transplant or dialysis to survive, they said.
The couple is seeking more than $4.3 million for past and future medical expenses, as well as unspecified damages for pain and suffering.
A spokeswoman for Minnetonka-based Cargill would not comment on the lawsuit. In October 2007, Cargill voluntarily recalled more than 840,000 pounds of ground beef patties after a number of Minnesota children who ate burgers made from the meat developed E. coli-related illnesses. The patties were distributed at Sam's Club stores nationwide.
Paul Downes, an attorney with Sieben, Grose, Von Holtum & Carey, which filed the lawsuit along with the Seattle law firm of Marler Clark, said the Hemmingsons bought a box of 18 frozen beef patties from a Sam's Club in White Bear Lake for a back-yard barbecue. The family ate just three of them. Downes said that after Ruth became sick, the Hemmingsons turned the meat over to the Minnesota Department of Health, which found it contaminated with E. coli.
On Sept. 16, 2007, three days after Ruth consumed the beef, she fell ill with stomach cramps, nausea and diarrhea, according to the lawsuit. Leah Hemmingson took Ruth to a pediatrician, who prescribed antibiotics after finding "nothing remarkable," the lawsuit says.
However, not long after the doctor's visit, Ruth's symptoms worsened dramatically, the lawsuit says. She suffered more bouts of diarrhea and eventually became badly dehydrated, prompting another doctor's visit Sept. 24. Blood tests indicated that Ruth was suffering from the onset of kidney failure, according to the lawsuit.
Ruth was admitted to Lakeville Hospital and then transferred to Children's Hospital of St. Paul, where repeat urinalysis showed protein and blood in her urine -- "sure signs of kidney injury," the lawsuit says. She was hospitalized from Sept. 25 through Oct. 22, during which she was put on dialysis to rid her blood of waste products that her kidneys no longer were able to process.
Ruth has returned to Mahtomedi, where she is home-schooled by her mother. Doctors have said that she is likely to develop kidney failure in the future, Downes said. So far, the family has incurred more than $300,000 in medical expenses, and future medical costs associated with likely complications from Ruth's kidney injury, including dialysis and a kidney transplant, could top $4 million.
"The parents have been told she would likely have problems, but they haven't been told when," Downes said. "They literally worry about if it's going to be next week, next year or 10 years from now."
Cargill has been named as a defendant before in relation to the contaminated ground beef recalled in October 2007. Marler Clark filed eight other lawsuits against Cargill involving people in Colorado, Minnesota, North Carolina and Tennessee who claim they suffered from E. coli-related illnesses after eating the beef. All of those lawsuits have been settled.
For more information, contact Caruso Law Office at 505-883-5000.

"I was hurt in an Albuquerque car accident, yet don't have health insurance..."

One of the key advantages to retaining counsel in your auto accident case is the ability to obtain needed medical care on a physician's lien, also known as a letter of protection. Caruso Law Offices has been helping Albuquerque folks injured in auto accidents for over two decades and in that time has established relationships with a wide variety of medical care givers. Our clients have the choice of dozens of doctors, physical therapists, massage therapists, TMJ Specialists, Diagnostic specialists, and Chiropractors who are willing to see our clients with no co-pay or upfront cost; they agree to wait to be paid when we settle the client's case.

As many as one out of three New Mexicans do not have decent health insurance. Even when health insurance is available co-pays and restrictions of HMO policies make treatment for injuries difficult and sometimes impossible. Obtaining prompt, necessary treatment is crucial to getting back on one's feet after an accident. Further, insurance adjusters generally use the amount of necessary and reasonable medical treatment as a measure of the value of an injury case. If you are hurt and don't get prompt treatment the insurance companies will not pay a reasonable value for your pain and inconvenience.

Caruso Law Offices is committed to helping accident victims receive all the reasonable and necessary medical care they need. We understand that an auto accident is a family and personal crisis. We care, and we can help. Call today for a free, no obligation, consultation on your accident case.

Kelly Vickers, JD 505-883-5000
Assistant to attorney Mark Caruso
www.carusolaw.com

Commitment to Excellence, Albuquerque Personal Injury Attorney

It has been an honor to be associated with Caruso Law Offices, P.C. for over five years. We pride ourselves in being a smaller, boutique law firm offering strong individualized attention to each of our clients. While we have done a wide variety of tort claims and defective drug and medical product cases, the focus here has always been in helping people in the city of Albuquerque and the surrounding areas who have been injured in auto accidents. Mark Caruso, long ago, worked within the insurance industry and now brings his insider experience to help injured people maximize the resolution of their injury claims.

I have been doing personal injury work for nineteen years and have a doctorate in law. I work in the capacity of a paralegal and assistant to Mark Caruso meeting the day to day needs of our clients. To provide the best possible service Mark Caruso has assembled a team of well trained and experienced individuals---each of whom share Mark's commitment to excellence.

Kelly Vickers
Assistant to Mark Caruso
www.carusolaw.com

Albuquerque, New Mexico Undocumented and Illegal Aliens Have Rights in a Car Accident

Today I received a telephone call from an individual who was involved in a car accident. The individual is an illegal alien, and he was concerned whether he still had rights to get his car fixed and bring a personal injury claim against State Farm Insurance. The answer is yes. Just because an individual is an illegal alien, he is still allowed to bring a property damage and personal injury claim against the insurance company. The insurance company is required to pay for the repairs of his vehicle and daily fee for loss of use of his vehicle while it is in the repair shop. The insurance company should also pay for all medical care, pain and suffering, lost earnings and permanent injury needed because of injuries he received in the car accident. Don't let the insurance company intimidate you just because you may be an illegal alien. You still have rights! Mark Caruso 505-883-5000 Empleados bilingues

Free Consultation for your Albuquerque, New Mexico Car Accident

Caruso Law Offices has 27 years experience with car accidents in Albuquerque, New Mexico. Call us for a free consultation for your injury claim. Thank you for visiting our blog site. You can also visit our main internet site at http://www.carusolaw.com/ or call us at 505-883-5000 or 800-657-9292 for a free consultation. We will meet with you at our office, your home or your hospital during the week, evenings or weekends. Mark Caruso, Caruso Law Offices.



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Please call us for a free consultation. We will come to your home, office or hospital during the day, in the evenings, or even on weekends. See our web site at http://www.carusolaw.com/ or contact us at mark@carusolaw.com or at 505-883-5000