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

Deadly Baby Bassinet by Simplicity

noreply@blogger.com (Suzanne Bartolomei) — Wed, 03 Sep 2008 18:28:00 +0000

The U.S. Consumer Product Safety Commission (CPSC) issued a safety alert on "close-sleeper/bedside sleepers" bassinets manufactured by Simplicity. This was brought on when a 5 month old little girl from Shawnee, Kansas was strangled to death on August 21, 2008 when she became entrapped between the bassinet's metal bars making it the second case the CPSC knew about. The company which purchased all of Simplicity Inc.'s assets at public auction refuses to cooperate with the government and recall the products. All of this information and more can be found on the CPSC's website. The following link will take you straight to the CPSC page on Simplicity bassinets http://www.cpsc.gov/cpscpub/prerel/prhtml08/08378.html.

If you or a family member have a child that was seriously injured or killed because of the Simplicity bassinets, call the defective products lawyers at the Duncan Firm in Arkansas.

Favorite Olympic Moment

noreply@blogger.com (Suzanne Bartolomei) — Thu, 21 Aug 2008 21:56:00 +0000

We all have our favorite Olympics moment. We all have our inspiring Olympics story. For me it started with Nadia Comaneci and continued with Mary Lou Retton and still continues today with Michael Phelps, Sean Johnson and all the other most talented athletes in the world. Congratulations to all the athletes who qualified to be apart of these prestigious games.

Click this link to watch a movie of Nadi’s perfect 10 moment:
http://www.youtube.com/watch?v=WMo7s7gUBqE

Click here to watch Nadi’s actual routine:
http://www.youtube.com/watch?v=odTtfnWdfGU&feature=related

Click here to watch Mary Lou Retton’s perfect 10 moment:
http://www.youtube.com/watch?v=Sya66z4mCiA

The five Olympic rings were designed in 1913, adopted in 1914 and debuted at the Games at Antwerp, 1920.

To learn more about the Olympic Games which started in 776 BC go to Wikipedia:
http://en.wikipedia.org/wiki/Olympic_Games

noreply@blogger.com (Suzanne Bartolomei) — Tue, 19 Aug 2008 14:13:00 +0000

Duncan Firm expresses their Sympathy and Prayers for Bill Gwatney and His Family

noreply@blogger.com (James Bartolomei) — Wed, 13 Aug 2008 22:55:00 +0000

Everyone at the Duncan Firm is saddened to hear the news of Bill Gwatney, chairmen of the Arkansas Democratic Party. Our thoughts and prayers are with his family at this difficult time. Arkansas has lost a compassionate public servant who cared about people and fighting for the civil justice system.

Proud Sponsor of the KARK Community Service Awards

noreply@blogger.com (Suzanne Bartolomei) — Mon, 04 Aug 2008 21:47:00 +0000

Jr. Cotillion's 60th Anniversary Fundraiser Party

noreply@blogger.com (Suzanne Bartolomei) — Mon, 04 Aug 2008 21:29:00 +0000

High Profile Section

noreply@blogger.com (Suzanne Bartolomei) — Mon, 04 Aug 2008 21:02:00 +0000

Jr. Cotillion Pictures

noreply@blogger.com (Suzanne Bartolomei) — Mon, 04 Aug 2008 20:52:00 +0000

Arkansas Digitek Lawyer -- Digitek Drug Overdose for Heart Patients

noreply@blogger.com (Suzanne Bartolomei) — Thu, 31 Jul 2008 20:05:00 +0000

If you or a loved one took Digitek® and suffered serious heart problems, you may be entitled to compensation.

Our lawyers are investigating these cases and anyone who has taken Digitek, manufactured under the Bertek and/or UDL Laboratories labels from 2005 to the present. Wal-Mart's pharmacies have recently sent a recall letter as well and a number of other pharmacies.

The recall was due to Digitek® tablets containing twice the approved level of active ingredient.
If you or a loved one has experienced death or serious injury from taking Digitek, including chronic cardiac conditions such as slow heart rate, rapid heart beat, dysrhythmia, A/V block and cardiac arrest, please call us at 877-638-6226 or fill out a free online consultation form so you can tell us more. Please keep any bottles and left over pills.

Recall -- Firm Press Release

noreply@blogger.com (Suzanne Bartolomei) — Thu, 31 Jul 2008 19:53:00 +0000

FDA posts press releases and other notices of recalls and market withdrawals from the firms involved as a service to consumers, the media, and other interested parties. FDA does not endorse either the product or the company.
Actavis Totowa (formerly known as Amide Pharmaceutical, Inc.) recalls all lots of Bertek and UDL Laboratories Digitek® (digoxin tablets, USP) as precaution
Contact:Stericycle customer service1-888-276-6166

FOR IMMEDIATE RELEASE -- Morristown, NJ -- April 25, 2008 -- Actavis Totowa LLC, a United States manufacturing division of the international generic pharmaceutical company Actavis Group, is initiating a Class I nationwide recall of Digitek® (digoxin tablets, USP, all strengths) for oral use. The products are distributed by Mylan Pharmaceuticals Inc., under a "Bertek" label and by UDL Laboratories, Inc. under a "UDL" label.
The voluntary all lot recall is due to the possibility that tablets with double the appropriate thickness may have been commercially released. These tablets may contain twice the approved level of active ingredient than it appropriate.
Digitek® is used to treat heart failure and abnormal heart rhythms. The existence of double strength tablets poses a risk of digitalis toxicity in patients with renal failure. Digitalis toxicity can cause nausea, vomiting, dizziness, low blood pressure, cardiac instability and bradycardia. Death can also result from excessive Digitalis intake. Several reports of illnesses and injuries have been received.
Actavis manufactures the products for Mylan and the products are distributed by Mylan and UDL under the Bertek and UDL labels. Bertek and UDL are affiliates of Mylan.
Any customer inquiries related to this action should be addressed to Stericycle customer service at 1-888-276-6166 with representatives available Monday through Friday, 8 am to 5 pm EST. Additional information about the voluntary recall can also be found at http://www.actavis.us/.
Retailers who have this product are urged to return the product to their place of purchase. If consumers have medical questions, they should contact their health care providers.

This recall is being conducted with the knowledge of the Food and Drug Administration.
Any adverse reactions experienced with the use of this product, and/or quality problems should also be reported to the FDA's MedWatch Program by phone at 1-800-FDA-1088, by Fax at 1-800-FDA-0178, by mail at MedWatch, FDA, 5600 Fishers Lane, Rockville, MD 20852-9787, or on the MedWatch website at www.fda.gov/medwatch.

http://www.fda.gov/oc/po/firmrecalls/actavis04_08.html

Louis Bryant Troopers Summer Boys Camp

noreply@blogger.com (Suzanne Bartolomei) — Fri, 25 Jul 2008 20:43:00 +0000

45 young men between the ages of 11 to 15 in need of Behavioral Development are at the 8th annual Summer Boys Camp put on by the Louis Bryant troopers along with the help of various sponsors including Duncan Firm held at CA Vines 4H Center in Ferndale, Arkansas. The camp is one week and concludes with an awards ceremony tomorrow.

The Troopers are faithful to follow up in their assigned counties throughout the boys high school years. A video of the camp can be viewed on their website http://www.abstc.org/index.html. For more information on how you can support call Capt. Franklin 870-267-4008 or Trooper Elvis Mull at 501-681-5429 .

We at Duncan Firm are very thankful for what these troopers do for the boys, and in turn, our community!

noreply@blogger.com (James Bartolomei) — Tue, 03 Jun 2008 21:04:00 +0000

NOTICE OF CLASS ACTION AND OF RIGHTS OF CLASS MEMBERS

To: ALL UNREPRESENTED, NON-RAILROAD-EMPLOYEE CITIZENS OF ARKANSAS WHO SETTLED PERSONAL INJURY OR WRONGFUL DEATH CLAIMS WITH UNION PACIFIC FROM 1992 TO FEBRUARY 14, 2005.

By Order dated April 11, 2008, the Honorable Jim Hudson, Lafayette County, Arkansas Circuit Court Judge, Division 2, determined that a class action should proceed in the case of Victor S. Vickers, et al. v. Union Pacific Railroad, et al. Case No. CV-2005-005-2, and directed the giving of this notice to class members:

IF YOU SETTLED A PERSONAL INJURY OR WRONGFUL DEATH CLAIM WITH UNION PACIFIC FROM 1992 TO FEBRUARY 14, 2005, AND YOU WERE AN UNREPRESENTED, NON-RAILROAD EMPLOYEE AND A CITIZEN OF ARKANSAS, YOU ARE A CLASS MEMBER.

Notice is hereby given as follows:

1. Plaintiffs allege that Defendants, including Union Pacific Railroad, engaged in the unauthorized practice of law and violated the Arkansas Deceptive Trade Practices Act (“ADTPA”) by establishing a uniform policy and practice of settling claims against UP by selecting, preparing, filling-in, and interpreting legal documents for an providing legal advice to third-party claims adversaries in the State of Arkansas.

2. Defendants, including Union Pacific Railroad, deny the Plaintiffs’ allegations and deny that they engaged in the unauthorized practice of law or violated the ADTPA.

3. On January 11, 2007, the Court denied the Defendants’ Motion to Dismiss, in which Defendants argued that Plaintiffs failed to state a claim. Plaintiffs amended their Complaint to add an additional class representative and moved for certification of this lawsuit as a class action on June 1, 2007. Defendants filed their Memorandum in Opposition to the Motion for Class Certification on July 2, 2007.

4. On April 11, 2008, the Court entered Findings of Fact and Conclusions of Law on Plaintiffs’ Motion for Class Certification, which certified a class comprised of all unrepresented, non-railroad-employee citizens of Arkansas who settled personal injury or wrongful death claims with Union Pacific from 1992 to February 14, 2005.

5. If you fall within the proposed class, you will be considered a member of the proposed class represented by the Plaintiffs and class counsel unless you request to be excluded. Members of this class will receive the benefit of a favorable decision and will be bound by an adverse decision. If the Plaintiffs obtain the relief they seek, it could result in monies being refunded and/or an award of damages in favor of all class members.

6. If you wish to remain a member of the class, YOU NEED NOT DO ANYTHING AT THIS TIME. If you wish to be excluded from the class, you must specifically request exclusion in a writing mailed to the Lafayette County Circuit Clerk, #3 Courthouse Square, Lewisville, AR 71845. Your request for exclusion should reference this case and simply state that you wish to be excluded from the class. Your written request for exclusion must be postmarked no later than November 29, 2008 (“Opt-out Deadline”). Persons who request exclusion will not be entitled to share in the benefits of the judgment if it is favorable to the Plaintiffs. The final judgment entered in this case will include all members of the class who do not request exclusion.

7. If you do not request exclusion, you may, if you desire, enter an appearance in person or through counsel of you own choosing. If you do not request exclusion and you do not enter an appearance through counsel of your own choosing, the attorneys named below, representing the Plaintiffs and the class, will also represent your interest in this case. You will not be charged for class counsel services. Instead, class counsel will apply to the Court for payment of their reasonable attorneys’ fees and costs to be paid by Union Pacific Railroad, or paid out of any funds recovered before distribution of the net proceeds to the class. You have the right to hire your own attorney. If you hire your own attorney, you will be responsible for paying that attorney’s fees and costs. You also have the right to seek to intervene and appear in this action, with the Court’s permission.

8. The names and addresses of the principal attorneys representing the Plaintiffs and the class are Phillip J. Duncan, Duncan Firm, P.A, Three Financial Centre, 900 S. Shackleford Road, Suite 725, Little Rock, Arkansas 72211 (877) 638-6226; Thomas C. Jones, Davis, Bethune & Jones, 1100 Main Street, Suite 2930, Kansas City, Missouri 64196 (800) 875-5972; Michael L. Roberts, Roberts Law Firm, P.A., P.O. Box 241790, 20 Rahling Circle, Little Rock, AR 72223 (501) 821-5575; Nelson V. Shaw, 2005 Moores Lane, Texarkana, TX 75503; and Danny Cook, Cook’s Law Office, P.C., 901 N. State Line Ave., Texarkana, TX 75501. IF YOU HAVE ANY QUESTIONS CONCERNING THIS CASE, PLEASE CONTACT THE ABOVE-NAMED ATTORNEYS. DO NOT CALL OR WRITE THE COURT, EXCEPT TO EXCLUDE YOURSELF FROM THIS CLASS.

Honorable Jim Hudson

Lafayette County Circuit Judge

AAJ 2008 Winter Convention in Puerto Rico

noreply@blogger.com (Suzanne Bartolomei) — Sat, 01 Mar 2008 00:15:00 +0000

Some of my fondest memories are from past American Association of Justice (AAJ, formerly known as ATLA). One of my favorite memories from this 2008 Winter Convention in Puerto Rico occurred over breakfast. As a good ole' Southern girl I've learned the value of a healthy and most hearty breakfast. On this trip breakfast was served to some of the lawyers and families everyday - I took advantage of this and indulged. I enjoyed the folks I got to meet and conversations over the breakfast table. One particular morning we were just finishing our breakfast when an older man with a very sweet smile, and beautiful southern drawl ask to join us. Very grandfather like I immediately connected with him. I noticed quickly on his id badge that he was a past AAJ president. For the next couple of hours we set in awe of this man's life experience. To truly be a great trial lawyer you must be an excellent story teller - Howard Twiggs is indeed both. It was only natural that he and my dad, Phillip, would have an instant bond. You see, my dad is also one of the great trial lawyers of our day and comes from a long line of excellent story tellers. It was very awe-inspiring for me to see the two of them share stories and get to know each other. What a man, what a lawyer, and now what a friend. As a young girl and now as an adult I have had the privilege to accompany my Dad on these trips. Events like this one in Puerto Rico not only provide CLE credit, but an opportunity to make lasting relationships and memories.

Photos:

From left to right: Former AAJ President Howard Twiggs of Raleigh, North Carolina; current Secretary of AAJ Gibson Vance of Mobil, Alabama; Marketing Director of Duncan Firm, Suzanne Duncan Bartolomei; current President of AAJ, Kathleen Flynn Peterson of Minneapolis, Minnesota; President of Duncan Firm Attorney Phillip Duncan; Duncan Firm Attorney James Bartolomei; Duncan Firm Attorney Rob Pointer.

From left to right: Rob Pointer, Howard Twiggs, Kelly Swanson, Suzanne Duncan Bartolomei, Cheri Duncan (Phillip's wife), Phillip Duncan, Melissa Duncan (legal assistant at Duncan Firm), Ashley Duncan (receptionist/legal assistant at Duncan Firm), and James Bartolomei.

Sunrise

El Conquistador

Old San Juan

How To Help The People Of Atkins, Arkansas and other Southern cities

noreply@blogger.com (Suzanne Bartolomei) — Thu, 07 Feb 2008 14:55:00 +0000

100 homes were affected by the storms on Tuesday night in Atkins Arkansas. Four people died and there are still many in hospitals. Listed below are several ways you can help and be apart of relief efforts in Atkins as well as other Southern cities.

Volunteer Headquarters for Atkins Arkansas:

Atkins Middle School

307 North Church Street

Atkins, AR 72823

479-641-7871 phone

479-641-7569 fax

How to get to Atkins Middle School:

1.) Take the only Atkins Exit
2.) Go left over the overpass on Church Street/Highway 105
3.) Keep going straight and you will see Atkins Middle School towards the end of the road on the right.

Donation Information:
1.) Furniture is being taken by Atkins First Assembly of God, 208 Avenue 8 Northeast, Atkins, Arkansas, 72823 - 479-641-7949 phone. Gift cards to Wal-mart etc. for necessities are also being taken. The church is going to alert me to more specific needs when they have that information.

2.) Water, food, supplies, etc. are being taken by the Salvation Army as well as Atkins Fire Station - 479-641-2289.

The Salvation Army has deployed disaster teams to Atkins and are prepared to distribute water, meals, blankets, and many other necessities to the victims and disaster volunteer workers along with counseling and comfort. To make donations to help the victims in Atkins and other Southern cities relief efforts call 1-800-SAL-ARMY, or you can log onto their website, http://www.salvationarmyusa.org/, and you can also contact the local Atkins salvation army at (479) 521-2151.

Tornadoes Terrorize the South

noreply@blogger.com (Suzanne Bartolomei) — Wed, 06 Feb 2008 22:11:00 +0000

Our thoughts and prayers are with all the victims of the terrible storms that occurred last night.

photos taken from newyorktimes.com

New York Times and CNN stories:
http://www.nytimes.com/2008/02/06/us/06cnd-storm.html?hp
http://www.cnn.com/2008/US/weather/02/06/tornadoes/index.html?iref=mpstoryview

Super Tuesday

noreply@blogger.com (Suzanne Bartolomei) — Wed, 06 Feb 2008 22:01:00 +0000

Super Tuesday: The Aftermath
A.P. Delegate Totals »

Democrat:
Hillary Clinton -845
Barack Obama - 765

Republican:
John McCain - 613
Mitt Romney - 269
Mike Huckabee - 190

Democratic Map »
Full Results and Maps »
Republican Map »

New Hampshire Primary Results

noreply@blogger.com (Suzanne Bartolomei) — Wed, 09 Jan 2008 15:42:00 +0000

Clinton Upsets Obama; McCain Wins - New York Times story on New Hampshire primary.

Picture taken from New York Times.com

Picture taken from CNN.com

New Hampshire

noreply@blogger.com (Suzanne Bartolomei) — Tue, 08 Jan 2008 18:07:00 +0000

With the Iowa caucus down and the presidental candidates facing New Hampshire do you believe this tiny state will have a huge impact in both the Democrat and Republican races for president?

New Hampshire votes: Small state, big impact
CNN News

The Following Pictures taken from CNN and New York Times:

HAPPY NEW YEAR!!!!!!!!!

noreply@blogger.com (Suzanne Bartolomei) — Tue, 08 Jan 2008 17:35:00 +0000

Hope your holidays were filled with joy and laughter!!! Our office was all festive with Christmas decor that everyone enjoyed through the month of December.

Now moving into the new year wishing all a happy one!

WHOOOO PIG SOOIE!!!!!!!!!!!

noreply@blogger.com (James Bartolomei) — Fri, 07 Dec 2007 02:51:00 +0000

Arkansas to play Missouri on New Year's Day in Dallas at the Cotton Bowl!!

GO HOGS!!!!!!!!!!!!!!!!!!!!!!

Boston Celebrates Another Championship

noreply@blogger.com (Suzanne Bartolomei) — Tue, 30 Oct 2007 20:05:00 +0000

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.

Bumbo Seat - Dangerous Seat

noreply@blogger.com (Suzanne Bartolomei) — Thu, 25 Oct 2007 14:26:00 +0000

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.

California Fires

noreply@blogger.com (Suzanne Bartolomei) — Wed, 24 Oct 2007 20:08:00 +0000

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.

World Series Bound - GO SOX!!!!

noreply@blogger.com (Suzanne Bartolomei) — Mon, 22 Oct 2007 21:34:00 +0000

Train Accident in Jonesboro, Arkansas Saturday October 20, 2007

noreply@blogger.com (James Bartolomei) — Mon, 22 Oct 2007 21:07:00 +0000

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.