Bliven Law Firm, P.C.

Blog

Serving all of Montana for over 25 years

Bliven Law Firm, P.C. is a Montana personal injury law firm located in Northwest Montana serving all of Montana. A group of experienced, dedicated professionals who care about their clients’ needs. Our Montana personal injury attorneys have over 25 years of experience in aggressively pursuing the goals of our clients.

NIKE ALL-AMERICAN SANDWICH RECALLED BECAUSE OF LISTERIA MONOCYTOGENES

Landshire of St. Louis, MO is initiating a voluntary recall of 1,751 cases of the Nike All-American sandwich because it has the potential to be contaminated with Listeria Monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.

The Nike All-American sandwiches were distributed Nationwide at Retail Supermarkets.

The sandwich subject to the recall is: Landshire Nike All-American. This is a pre-packaged, individually wrapped white package sandwich. Sandwich weight is 7.25ounces (206grams). UPC code is 0 9748801741 5. The sandwiches involved have a lot number of 11 237 6. The lot number is printed in black ink on the side or back of the package. No other products or code dates are affected by this recall; this recall does not include the Red Packaged Nike Super Poorboy sandwich.

For more information click here

If you have suffered sickness or illness from consuming this product or other products as a result of Listeria Monocytogenes, or other bacteria or contaminants, contact the law offices of Bliven Law Firm, P.C. a Montana law firm, located in Kalispell, as you may be entitled to compensation for your injuries.

SALMONELLA FOUND IN ORGANIC EGGS

The Minnesota Department of Agriculture (MDA) and the Minnesota Department of Health (MDH) are investigating illnesses in at least six people in Minnesota that are connected with a recall of organic shell eggs due to contamination with Salmonella Enteritidis. The contaminated eggs were traced back by the MDA to Larry Schultz Organic Farm of Owatonna, where environmental testing confirmed the presence of Salmonella Enteritidis. Larry Schultz Organic Farm is cooperating with the MDA investigation and has issued a voluntary recall of the products.

Routine reportable disease monitoring by state health officials identified six cases of Salmonella Enteritidis infection with the same DNA fingerprint. The individuals became ill between August 12 and September 24. The illnesses occurred in both children and adults, and all are residents of the seven-county metropolitan area. Three of the cases were hospitalized but have since recovered. Five of the six cases have reported eating eggs from the Larry Schultz Organic Farm purchased at grocery stores or co-ops.

Salmonella is an organism which can cause serious and sometimes fatal infections in very young children, frail or elderly people, and others with weakened immune systems. Healthy people infected with Salmonella often experience diarrhea, fever, and abdominal pain. Anyone who believes they may have become ill with Salmonella should contact their health care provider.

If you think you have been poisoned by Salmonella from eggs or another food product, please contact Bliven Law Firm, P.C. a Montana law firm. For over 25 years, we have helped Montanans receive compensation for unsafe food product cases and other personal injury cases.

MASAGO (CAPELIN ROE) RECALLED OVER LISTERIA MONOCYTOGENES CONTAMINATION RISK

AMAYA USA, INC of Torrance, CA is recalling Masago (Capelin Roe), because it has the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.

The Masago (Capelin Roe) was distributed to retail stores in Los Angeles (California), Baltimore (Maryland), Atlanta (Georgia), and Mexico.

The Masago (Capelin Roe) was packed 2 lb (907g) in plastic container with white label has Japanese writing and English writing that has “Yamaya USA, Inc.” as the brand and the product label shows Masago (Capelin Roe) and the “Item No. 09867” is indicated on the box.

For more information click here

SALMONELLA FOUND IN BAGGED SPINACH

Church Brothers, LLC is voluntarily recalling 560 bags of clipped spinach as a precautionary measure after one bag tested positive for Salmonella during a random USDA Microbiological Data Program sampling. The recalled product was processed on October 6, 2011 and shipped in 2.5 pound bags to Super King Markets in Los Angeles, California. The bagged spinach affected by this recall was available for sale beginning October 7, 2011 and has a “best if used by” date of 10/23/11.

Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain.

For more information click here

If you have become ill after consuming Salmonella poisoned products, please contact the offices of Bliven Law Firm, P.C. as you may be entitled to compensation for your injuries. For over 25 years, the law offices of Bliven Law Firm, P.C., a Montana law firm located in Kalispell, has helped innocent victims of negligence in food poisoning and other cases.

UNDECLARED ALLERGENS FOUND IN FIBER ONE BARS

General Mills is voluntarily recalling a single day’s production of Chocolate flavor Fiber One 90-Calorie Chewy Bars because of a labeling issue. Product produced on this date may have been packaged incorrectly, and may contain sensitive ingredients not listed on the box’s ingredient label, including the potential allergen peanuts.

A production error resulted in a limited number of properly labeled, individually wrapped Chocolate Peanut Butter flavor Fiber One 90-Calorie Chewy Bar packages being inserted into 5-count boxes labeled as Chocolate Flavor Fiber One 90-Calorie Chewy Bars.

If you have become sick from eating Fiber One bars, please contact Bliven Law Firm, P.C. as you may be entitled to compensation. Bliven Law Firm, P.C. is a Montana law firm located in Kalispell, dedicated to helping innocent victims of defective and unsafe products.

BACTERIA FOUND IN NOSTRILLA NASAL DECONGESTANT

nsight Pharmaceuticals, LLC of Langhorne, Pa., is recalling one lot (34,092 bottles) of Nostrilla Nasal Decongestant nasal spray to the consumer level, because it may contain the bacteria Burkholderia cepacia.

Burkholderia cepacia may cause serious infection in individuals with a compromised immune system or chronic lung condition (i.e. cystic fibrosis). However, the possibility of infection is remote in healthy individuals.

Nostrilla Nasal Decongestant, lot #11G075, UPC Code 6373673005, was distributed nationwide through normal retail outlets and pharmacies. The product comes in a 1/2 ounce, plastic bottle marked with lot #11G075 on the label and with an expiration date of 05/2014 stamped on the side. No illnesses have been reported to date in connection with this problem.

For more information click here

IF A DRUNK DRIVER HITS YOU, WILL YOU BE PROTECTED?

It’s hard not to ignore the flood of auto insurance commercials inundating television programming. Call one and save 15% in 15 minutes. Another offers a plethora of discounts. Another offers the “value plan.” While these slogans may seem catchy, they fail to disclose, what protection they offer the consumer. After all, isn’t the purpose of auto insurance to protect you, your family, and your property in the event you are involved in an accident?

The CDC reported that in 2009, there were almost 11,000 drunk-driving related fatalities. Approximately one third of all motor vehicle crash fatalities involve alcohol-impaired driving.

In 2010, an estimated 4 million U.S. adult respondents reported at least one episode of alcohol-impaired driving, for an estimated total of approximately 112 million alcohol-impaired driving episodes or 479 episodes per 1,000 adult population.

Those numbers are alarming and scary. At Bliven Law Firm, P.C. a Montana law firm, located in Kalispell, we help victims of drunk driving accidents recover compensation for their injuries and deaths of their loves ones. Through our experience, we have discovered that most Montana drunk driving crashes cause severe and permanent injuries or death to the innocent victims.

Montana Drunk Drivers often do not have significant assets or adequate insurance to cover all of the victim’s damages. Some people do not realize that medical expenses from a drunk driving accident may total hundreds of thousands of dollars. If the innocent victim has not purchased adequate underinsured and uninsured coverage, he or she could be personally responsible for the medical bills caused by the drunk driver.

Some consumers may be surprised to realize how affordable Uninsured and Underinsured coverage is, especially when substantially increasing the policy limits may only raise the annual policy premium by a few dollars a month. In addition, uninsured and underinsured coverage is personal and portable in Montana meaning that regardless of the vehicle you are in, whether it be your own, a relative’s, friend’s or co-workers, you should be protected with your own uninsured and underinsured coverage in Montana.

In addition to uninsured and underinsured coverage, many Montana drunk driving victims do not carry medical payments coverage. Med. Pay. coverage is designed to protect the insured regardless of who is at fault.

Insurance disputes, involving liability, underinsured and uninsured coverage may last months. If your bills are not promptly paid, some medical providers may quickly send your bills to collections, damaging your credit score. Most Med. Pay. coverage in Montana, will cover your medical expenses, if you are involved in a car accident, regardless of whose fault it is. Having adequate medical payment insurance means if you are injured in an accident, you can seek and receive medical treatment knowing the bills will be paid.

While it may be tempting to save $50 on auto insurance, isn’t it more important that auto insurance covers you and your loved ones in case you fall victim to one of the four million drunk drivers on the road ? Talk with an insurance professional to make sure you and your family are adequately covered in case you become the victim of a drunk driver accident in Montana.

If you have been hit by a drunk driver in Montana, contact our offices at Bliven Law Firm, P.C. We have been handling drunk driver accident cases in Whitefish, Kalispell, Columbia Falls, Lakeside, Billings, Sydney, Libby, Troy, Eureka, Flathead County, Lincoln County, Lake County and more for over 25 years. We are dedicated to helping innocent victims of drunk driving accidents in Montana.

CANTALOUPE LISTERIA FOOD POISONING RECALL INVESTIGATION SPREADS TO MONTANA.

There have been two major recalls involving Cantaloupe contaminated by Listeria posing serious risk of illness to Humans.  The first outbreak involved Jensen Farms, of Holly, CO. and was a widespread outbreak.  The FDA issued a food recall alert in early September.  The whole cantaloupes were shipped between July 29th, 2011 and September 10, 2011.  The State of Colorado also issued a food safety recall.  Colorado is where the tainted Cantaloupe contaminated with Listeria was produced.  The product was shipped to several states.

ucm271885The FDA also issued a recall for Carol’s Cut Fresh Cut Cantaloupe and Cut Mixed Fruit as a “possible health risk” due to Listeria.  “The Carol’s Cuts” recall is part of a larger recall involving Listeria contamination and Cantaloupe.  This outbreak affects many more states and is contained in pre-prepared salads and foods that may be in your super-market’s fresh food deli.

The State of Montana has recently launched its own investigation, involving residents in Gallatin and Yellowstone Counties according to the Montana Department of Public Health and Human Services.  “Contaminated cantaloupes may still be in grocery stores and in consumers homes” according to Montana DPHHS director Anna Whiting Sorrell.

Listeriosis, is a serious bacterial infection caused by contaminated food.  The condition mostly affects those with immune compromised vulnerability.  This includes, older adults, pregnant women, newborns and small children.  Symptoms include fever, muscle aches, headache, stiff neck, confusion and convulsions.

The median incubation period is 21 days with diarrhea lasting anywhere from 1-3 days.  If you suspect you or a loved one has been infected then contact your physician.  Also, food discount cards such as those issued by Smiths in Kalispell and Columbia Falls or Safeway in Whitefish, actually track all of your purchases.  You can ask the store for a list of items you purchased to determine if cantaloupe was purchased within the incubation period if you use the discount card.  Also, take into consideration your travel to other areas and States.  Other neighboring states have been hit harder by this outbreak.

Bliven Law Firm, P.C. are your Montana Food Safety Attorneys.   If you suspect food poisoning, after receiving proper treatment, you may have a claim for a settlement to pay for medical bills, travel expenses, pain and suffering along with the affects upon close family members.  Settlement also often includes payments for future medical monitoring and the cost of health insurance

Safety Tips:  Persons of high risk, older adults, pregnant women, persons with compromised immune symptoms should not eat cantaloupes from the Rocky Mountain Region.  Wash your hands before and after consumption of cantaloupe.  Cantaloupes coming from the Rocky Ford plant should be disposed of in a closed plastic bag and placed in a sealed trashcan.

In conclusion, it is difficult to trace exactly where Listeria contaminated cantaloupe or food, which had contacted with the cantaloupe.  If you are having flu like symptoms and you consumed the contaminated cantaloupe call your doctor immediately.  If you are having difficulty determining whether you suffered infection tell your doctor who can run tests confirming the diagnosis.  If you have been injured by listeria-contaminated cantaloupe after receiving medical treatment, please call our office so we track the spread across Montana.

PATIENTS’ RIGHT TO ACCESS MEDICAL RECORDS

Many individuals are complaining that their health care providers refuse to provide them with their medical records. The most important thing you can do is know your rights and make all requests in writing certified mail return receipt requested.

Montana Law provides that upon receipt of a written request from a patient to examine or copy all or part of the patient’s recorded health care information, a health care provider, as promptly as required under the circumstances but no later than 10 days after receiving the request shall:

a. Make the information available without charge during business hours.
b. Inform the patient the information does not exist or cannot be found.
c. Inform the patient that the records are maintained by a third party and where they may be obtained.
d. If there is an unusual delay, provide a clear written explanation of the reason for delay, under which circumstances the health care provider would have 21 days.

Unfortunately, most health care providers will charge for records. Montana Law allows a reasonable fee defined as $15 to search for the file and $0.50 per page copied. So you will likely have to pay for the records.

Concerning situations where a heath care provider refuses to provide the records they must justify the refusal with a clear written explanation. These circumstances include, serious harm to the patient if the records are disclosed or the records contain substantial information of confidential information concerning others.

Many people sign standard releases when they see a physician that allows the provider to disclose your records for any reason. Ask your provider if you have the option of refusing the release, except if requested by another health care provided necessary for your own treatment. Don’t sign blanket releases under any circumstances.

In Montana the legislature has recognized the widespread practice of compiling and selling health care information to insurance companies, marking companies, companies that provide background checks and any other entity who may find your personal health care information useful. In the Legislative Findings the Montana Legislature has recognized wrongful “exchange of health care information from automated data banks” across State lines. Privacy of medical records has also been determined a Montana constitutional right under the Montana Constitution’s Right to Privacy provisions.

If your rights are being violated, you should lodge a Complaint with the Montana Attorney General who can investigate, order release of records and impose fines. You may also file a complaint with the District Court where you live. The Court may order disclosure to you, enjoin wrongful health care dissemination, and award damages to you up to $5,000.00.

In conclusion, when you seek medical treatment ask what the health care provider’s policy is on access to medical records and release of your medical information. Be persistent and demand explanations in writing. This will usually result in access to your medical records. The records are owned by you. Assert your rights.

PUBLIX RECALLS SPINACH DIP DUE TO POSSIBLE HEALTH RISK

Publix Super Markets is issuing a voluntary recall for spinach dip because it may be adulterated with Listeria monocytogenes. The problem was discovered as a result of routine microbial testing conducted by Publix. The 16 ounce containers of prepackaged spinach dip were sold at Publix retail deli departments with a UPC of 41415-00062 and use by date of OCT 10 C1.

Consumption of products containing Listeria monocytogenes can cause serious and sometimes fatal infection in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.

For more information click here

If you or someone you know has become ill from consuming spinach dip, contact the law offices of Bliven Law Firm, P.C. for a free case evaluation. You may be entitled to legal compensation as a result of food poisoning from spinach dip or other food products tainted with Listeria monocytogenes.