Duncan Firm, P.A. - Arkansas Injury Trial Lawyers

Fans line the streets of Boston.....


.....as well as the Charles River to celebrate the Sox today.


Red Sox did it again - 2007 champs! I had family cheering in the crowd!!

Arkansas Trivia: Principal owner of the Red Sox, John Henry, is from Arkansas.

A little over a month ago I was with a friend in a local store looking for a baby gift. We saw the bumbo seat and my friend thought that would be a neat gift, but working in a law office I have become leery about products. I expressed my concerns to her that in recent days we might hear of a defect with the seat......

"The reports of serious head injuries prompted the CPSC to announce a nationwide warning to consumers that have these -- not to put these on elevated surfaces and be aware that children can climb out of them or they can tip over in these chairs," said CPSC Senior spokesperson Julie Vallese.

The Consumer Product Safety Commission knows of at least 28 incidents of babies falling out of Bumbo Seats. Three of those cases resulted in skull fractures.

The Lamm family has filed a lawsuit against the Bumbo company and Target stores, where a friend bought their chair as a gift.

The Lamm Story (taken from ABC news):
"If it had been three minutes later he wouldn't have made it," said Mary Catherine Doherty, Dylan's mother, Santa Rosa.

"He arched his back and the Bumbo tilted and the back folded and he toppled over backwards. When I picked him up, I could feel his head and I could tell it wasn't good," said Kevin Lamm of Santa Rosa Dylan landed head first on the hard kitchen floor. He was rushed to the hospital with a cracked skull and it was filling with blood.

"By the time we got there, there was no pulse -- three minutes more and he would have been dead. I dont' know what I'd do if I lost him. He means everything to us," says Kevin Lamm.
Emergency surgery saved his life.

Now the Lamms want to warn everybody about this chair.

Bumbo told ABC News they do not encourage parents to use the seats on raised surfaces and that they have been cooperating with the CPSC, but until recently the Bumbo web site and Bumbo's displaying package contradicted this by declaring the seat safe for use on "any level surface," and had photos of babies sitting in the seat all in a row on top of a picnic table during a birthday party posted on the company's web site as well as displayed on its packaging. The Bumbo Company told ABC's San Francisco Local Channel 7 On Your Side investigation team that its seat is safe with "suitable supervision," and that the term safe on any "level" surface means "ground level.''

Many photos as well as the statement "safe on any level surface" have since been removed from the website due to inquires and the Lamm law suite. Bumbo says it wants to avoid "contradictory'' messages. The company based out of South Africa said they are making new warning labels and instructions and taking the seats off shelves until the warnings can be added.

Videos posted on YouTube show other babies escaping from their Bumbos, from wriggling their way out to taking tumbles from countertops.

If your child has been injured due to the bumbo seat please give us a call at 877-638-6226 or 501-228-7600.

The Ruins of Rancho Bernardo, 2:12 p.m.



Our thoughts and prayers are with the victims and families, cities, and everyone affected by these unrelenting flames.

I received an e-mail from a Little Rock friend yesterday asking for prayers for her family. Her family evacuated their homes in San Diego on Monday of this week. Her grandfather owns orange, avocado, and grapefruit groves. The fires may kill all the crops that surround his house as well as destroy his home. I am waiting to hear back from her, but I have read in the news that the fires are somewhat under control in this area. For more stories and updates visit http://www.newyorktimes.com/. President Bush has declared a major disaster in seven counties thus far.

The needs are great. Go to the Red Cross website http://www.redcross.org/ to find out how you can help today.

Four ejected from pickup hit by train; one killed

JONESBORO, Arkansas – One person was killed and three others were seriously injured when a Union Pacific train hit a pickup at a crossing, Arkansas State Police said. Trooper Darren Austin said the accident happened about 12:45 p.m. Saturday just outside of Jonesboro, ejecting all four people inside the Chevrolet Silverado.

Duncan Firm represents families that have been involved in a railroad crossing accident.

If you or a family member have been involved in a collision at a railroad crossing, call Duncan Firm today at 877 638 6226 to find out about your legal rights.

Tomorrow morning Race for the cure will take place in Little Rock, Arkansas. The Duncan Firm staff is excited to be apart and encourages you to join this wonderful opportunity to raise awareness and money for a cure to breast cancer! Click on the link on our homepage to find out more about this cause.



Pictures from the race:

When Abraham Lincoln was a practicing lawyer prior to getting into politics, Lincoln advertised for clients. He learned how to practice law by going to court, not settling cases quickly. He also was an advovate of legal advertising, especially to the people who were in need of representation.



No matter what type of law a firm practices or your perception of lawyers that advertise, take the premise that there are only a certain number of potential clients. Lawyers and law firms compete for those potential clients, whether it be by name recognition, branding, TV ads, the newspaper, the phone book or a web site.



As a law firm that advertises for new clients, Duncan Firm faces the same challenge many lawyers face. Look at the phone book -- there are hundreds of lawyers to choose from. Watch TV and notice all the TV advertising lawyers. Are they all the same? Do all the advertising lawyers affect lawyers in the courtroom in front of a jury? Will your lawyer go to court for you?



If you are looking to hire a lawyer, you should ask the questions:



Will you go to court for me? Do you have a track record? Talk to me about the cases you've brought to trial. If you have a serious case, these are important questions to ask.

Minnesota limited the gifts doctors can receive from pharmaceutical companies around two years ago to no more than $50 worth of food or other gifts a year making it harder for drug company sales representatives to market to doctors. According to a survey by ImpactRX, the number of visits to Minnesota primary care doctors decreased about twice the rate of the decline reported by primary care doctors nationwide and a number of Minnesota hospitals and clinics have banned visits from these reps. After the cap laws on gifts Dr. Michael Brainerd, a Minnesota pediatrician, said, "It's made the doctors think about whether to ban them." Pharma Reps argue they are trying to accomidate a doctors busy schedule by providing lunches and such to make sure they have time to provide the doctors with much needed information about the drugs. The attorney general in New Jersey said, "When you see a doctor, you should have confidence that the advice you get is based on what's best for you and not on some financial incentives or gifts that the doctor is getting."

Lawmakers are banned from accepting gifts from lobbyists, why not doctors? Do gifts affect doctors less than politicians?

Questions:

1.) Do gifts from Drug reps effect a doctors decision on what drug he prescribes?

2.) Should doctors be allowed to accept unlimited amounts of gifts from drug companies?

3.) Would laws limiting gifts to doctors by drug companies change the drugs prescribed?

Today in Oslo the Nobel Peace Prize was awarded to former Vice President Al Gore as well as the United Nations Intergovernmental Panel on Climate Change for their efforts to alert the world to the threat of global warming.

The Nobel citation read, "Mr. Gore is probably the single individual who has done most to create greater worldwide understanding of the measures that need to be adopted."

Al Gore was traveling in San Francisco when he heard the news and made a statement at a press conference in which he made known his honor to receive such an award and his intentions for donating his half of the prize money to the Alliance for Climate Protection, which is a non profit organization. He went onto say, "We face a true planetary emergency, the climate crisis is not a political issue, it is a moral and spiritual challenge to all of humanity. It is also our greatest opportunity to lift global consciousness to a higher level."

Former President Jimmy Carter, who won a Nobel Prize in 2002, commented on the Today about Al Gore's winning saying he didn't think anyone deserves it more.

For me the fight for global warming awareness is most important. This issue got my attention my junior year of college. It was over five years ago and this topic was not embraced at the college I attended. I remember doing a presentation on this very subject - I was the only one with charts, demonstrations, a pointer, the works. Not only this, but I was passionate about my topic and making people on my campus aware, as well as the world. I had hoped to be chosen to travel abroad on a school study abroad trip to study this topic, raise awareness to everyone I spoke with, and come back to campus presenting the student body with all the information and facts I gathered. I won't forget the way I felt when my professor told me this wasn't an issue let alone a topic for discussion and study. I found it interesting and encouraging to find the very next day the issue of global warming being the front page story in the New York Times. It was a very bold thing for me to take that paper and drop it on my professor's desk right in front of him. I believed then and still believe today that doing what we can to make the world we live in better is always something we need to strive toward. There is still a battle in raising awareness and some people still refuse to believe in global warming and the harmful affects. I hope and pray that this theory is laid aside as well as peoples political views and we come together working toward healing and helping the world we call home during our season of life on earth. It's important to do what we can while we can. What could be better than a life filled working toward leaving the world a better place. I commend former Vice President Al Gore for his efforts to raise awareness.





Please go to the New York Times for a full story:
http://www.nytimes.com/2007/10/13/world/13nobel.html?_r=1&hp&oref=slogin

To learn more about global warming and how you can help in this cause visit this site:
www.climateprotect.org

To find out information on building environment friendly homes click the link below:
www.gogreenhomes.com

I have a friend that is building one of the first environmental friendly "go green" type homes in Little Rock. I can not wait to see how it turns out and am looking forward to seeing more of these homes being built in our "Natural State".

Pictures of the effects of Global Warming:





Icebergs melting in the North Atlantic Sea in Vatnajokull, Iceland.

Some ways we can help:
Recycle



Don't pollute


Plant Trees and preserve forest

Today a recall was made by Johnson and Johnson along with Wyeth, Novartis, and Prestige Brand Holdings. The recall came about because of a danger in over dose on nonprescription cold and cough medicines in the United States. Studies show misuse of these types of medications can lead to overdose specifically in children under 2 years of age. For more than a year questions of safety and danger to the lives of children with nonprescription cough and cold products have been raised. Experts in safety for the U.S. Food and Drug Administration have been warned to look into banning this type of medicine for children that are under the age of 6. The FDA is still reviewing this issue.

What are your thoughts on banning these types of medications to children under the age of 6?

The following medicines are being recalled from the U.S.:
Concentrated Infants' TYLENOL Drops Plus Cold
Concentrated Infants' TYLENOL Drops Plus Cold & Cough
PEDIACARE Infant Drops Decongestant (PSE)
PEDIACARE Infant Drops Decongestant & Cough (PSE)
PEDIACARE Infant Dropper Decongestant (PE)
PEDIACARE Infant Dropper Long-Acting Cough
PEDIACARE Infant Dropper Decongestant & Cough (PE) products
Dimetapp Decongestant Plus Cough Infant Drops
Demetapp Decongestant Infant Drops
Little Colds Decongestant Plus Cough
Little Colds Multi-Symptom Cold Formula
Robitussin Infant Cough DM Drops
Triaminic Infant & Toddler Thin Strips Decongestant regular and Plus Cough

Please visit this website for a full news story: http://www.reuters.com/article/domesticNews/idUKWNAS604120071011

Parents please be aware of this recall and take the necessary precautions. If you have any questions for Tylenol you can call this number 1-877-895-3665. You can also refer to their website http://www.tylenol.com/.

After eight years in legal battles AEP, American Electric Power, a major power company in Ohio agreed to pay $4.6 billion in effort to cut chemical emissions they have caused. The government has declared this to be the largest environmental settlement to date. The company was accused of spreading smog and acid rain that affected the Northeast as well as mid-Atlantic states, eating away at national landmarks such as the Statue of Liberty, as well as mountain ranges, and bay areas. AEP has stated that it did not violate the Clean Air Act rules. AEP must also pay $15 million in addition for civil fines as well as $60 million in cleanup fees in the Shenandoah National Park and waterways in the Chesapeake Bay region.

Discussion Items:
Is this too high of a settlement? What would you consider an excessive settlement when it concerns our world and environment?

USA Today News Link:
http://www.usatoday.com/news/washington/environment/2007-10-09-acid-rain_N.htm

There is nothing more tragic than the death of an innocent child due to a defect in the design, manufacturing or functionality of a product.

In past years, several different types of child and baby equipment have been recalled due to defects in design, manufacturing, and inadequate warning labels. Those defects have caused many serious injuries and even death of both small children and infants.

Are you as parents loosing trust and faith in companies? Do you want companies you can put your trust in to create baby and child products that are safe and dependable?

It's most tragic when a company knowingly makes defective products that take the life of an innocent child. When companies are knowingly negligent does it cause you as consumers to lose faith in those companies? Do you want to take action to gain that trust back and save the lives of children?

If left to their own devices would these companies continue down the path of the easiest way to make money no matter what the cost to human life, even - in the life of a little child? How can focusing more on money than the life of a child masked with the slogan "safety is of most importance" be right?

We at Duncan Firm fight for parents and consumers to keep companies honest and making products we can trust that don't take lives and injure families for life. If you or a family member have been injured or have questions about recalled or defective baby and child products, contact us today for a complimentary consultation.

As a consumer, are you scared to purchase items for your child or children because the manufactures have lost your trust due to poor designs and defective products? Companies that tell us they have safety at the top of their priorities - "The safety of your child is of utmost importance to Graco®" http://www.gracobaby.com/customerservice/recall.aspx?campaignID=105, but do their products (actions) say something else? Please check out the stories below. Parent's make sure you're aware of these new recalls and that you take appropriate measures.

1 million Graco, Simplicity cribs recalled in U.S.
Three babies died after becoming trapped and suffocating, officials say


MSNBC News Services
Updated: 4:39 p.m. CT Sept 25, 2007

WASHINGTON - About 1 million Simplicity and Graco cribs have been recalled after three children became entrapped and suffocated.
The recall was announced by the Consumer Product Safety Commission on Friday, more than two years after a California lawyer says he alerted the federal agency about a 9-month-old who died in a faulty crib.

“Two years and two deaths is not fast enough. It’s inexcusable that it took that long,” said Charles Kelly, who represents the parents of the 9-month-old. Liam Johns of Citrus Heights, Calif., died in April 2005.

In addition to the Johns baby, 6-month-old Edward Millwood died in November 2006 while in one of the Simplicity cribs. His parents filed suit against the manufacturer on Sept. 4.
A 1-year-old child died in a newer model of the cribs, which has not been recalled but is being investigated by the safety agency, commission officials said.

In all three deaths, consumers had installed the drop-rail side of the crib upside down, the agency said. This creates a gap in the crib that children can slide into and suffocate.
Seven other infants have been entrapped in the cribs, according to the commission. There have been 55 reports of the cribs’ drop sides detaching or the hardware failing to hold the side to the crib.

Kelly said he alerted the Consumer Product Safety Commission about the faulty crib in June 2005 but didn’t hear from the agency again until this week, when the commission sent someone to pick up the crib.

Commission spokesman Scott Wolfson said the agency has the crib, but he would not comment on the specific details of the case because it is under investigation.

“When we learn of a crib-related death, we take it very seriously,” Wolfson said. “Our No. 1 goal is to obtain custody of the dangerous product for the ability to look at it or analyze it.”
‘Products are safe’Simplicity Inc., of Reading, Pa., manufactured all the cribs, which were made in China.

“We feel comfortable that our products are safe,” Simplicity President Ken Waldman said in a telephone interview.

The newer model cribs are safe, even though the 1-year-old died in one of the updated versions, Waldman said. “There are other factors involved with that case,” he said, refusing to discuss the details because of the investigation.

Child advocate Nancy A. Cowles said she feared the recall could lead parents to let their children sleep in less safe environments, such in the parents’ bed. “If this scares people out of cribs, then you are going to end up with other injuries,” said Cowles, executive director of Kids In Danger.
Friday’s crib recall was the second-largest since the commission was created in 1972. In 1997, the commission recalled 1.2 million portable cribs made by Evenflo Company Inc.

In a separate crib recall in June, the commission recalled about 40,000 Nursery-in-a-Box cribs, manufactured by Simplicity, because the assembly instructions incorrectly explained how to attach the drop side.

None of the cribs that Simplicity currently supplies to stores is included in a recall, the company said in a statement.

The commission, however, cautioned consumers who have the newer versions not covered by the recall to check to make sure the drop side is installed right side up and securely attached.
The newer hardware has a flexible tab at the top of the lower track and a permanent stop at the bottom. The older hardware has a flexible tab at the bottom of the lower tracks.

In an earlier Simplicity crib recall, a 19-month-old child in Myrtle Creek, Ore., died Jan. 6, 2006, in a crib that carried the Graco logo, the commission said in February 2006. Mattress support slats came out of the crib, and the child suffocated after getting trapped between the mattress and the footboard. That type of crib had been included in a December 2005 recall of about 104,000 Aspen 3 in 1 Cribs.

Friday’s recalled cribs, priced between $100 and $300, were sold by U.S. retailers and chains including Target Corp., Big Lots Inc. and family-owned Meijer Inc. from January 1998 through May 2007. The recall involves multiple models and models numbers.

The recalled Simplicity crib models include:
Aspen 3 in 1
Aspen 4 in 1
Nursery-in-a-Box
Crib N Changer Combo
Chelsea
Pooh 4 in 1.

The recall also involves the following Simplicity-made cribs that were sold with the Graco logo:
Aspen 3 in 1
Ultra 3 in 1
Ultra 4 in 1
Ultra 5 in 1
Whitney
Trio.

The cribs have one of the following model numbers: 4600, 4605, 4705, 5000, 8000, 8324, 8800, 8740, 8910, 8994, 8050, 8750, 8760 and 8996. The numbers are on the envelope attached to the mattress support and on the label attached to the headboard.

For video of the story please click this link:
http://video.msn.com/?mkt=en-US&brand=msnbc&vid=861ed842-a6fc-47bd-9259-e3d624c861e5

For news story from CPSC - U.S. Consumer Product Safety Commission click this link:
www.cpsc.gov/cpscpub/prerel/prhtml07/07205.html

Graco recalls 100,000 highchairs for repair
Can collapse if not fully opened and locked, regulator say

MSNBC News Service



WASHINGTON - About 100,000 Graco highchairs are being recalled for repair because they can collapse if they are not fully opened and locked into place from the storage position, U.S. regulators said Thursday.

Graco Children’s Products Inc. is recalling the Graco Contempo Highchairs after receiving 18 reports of the chair collapsing. There was one report of an 18-month-old boy suffering a bruise on his foot, the U.S. Consumer Product Safety Commission said.

The highchairs were sold from December 2005 through December 2006 for between $100 and $130 at various retailers nationwide.

The agency said consumers should contact Graco for a free repair kit, and can continue to use the highchair until they receive the kit as long as they make sure it is fully opened first.
Graco can be contacted at (877) 445-1312 or at Gracobaby.com.

Reuters - http://www.msnbc.msn.com/id/16687973/.

For news story from CPSC - U.S. Consumer Product Safety Commission click this link:
http://www.cpsc.gov/CPSCPUB/PREREL/PRHTML01/01088.html