Bayer CropScience has agreed to a $750 million dollar global settlement with rice farmers over contamination by Bayer’s experimental “Liberty Link” genetically modified rice. The controversial GMO (Genetically Modified Organism) was discovered in the U.S. commercial rice supply in 2006, causing a plunge in exports to Europe and slamming the rice industry.

Under the terms of the global settlement, Bayer has agreed, subject to certain terms and conditions, to settle pending claims for payments not to exceed $750 million. Prior to this agreement, Bayer had lost several jury trials and settled an additional three cases before they reached a jury.

“This settlement is validation for American rice farmers,” said Richard J. Arsenault, chair of the court-appointed executive committee for the plaintiff farmers. “It was a long, hard fought battle, but certainly worth the effort, and we’re pleased with the result.”

Arsenault, of the Louisiana-based Neblett, Beard & Arsenault law firm, is a veteran of class actions and complex litigation. He represents many of the rice farmers involved in the litigation.

The settlement will be open to long-grain rice farmers in the United States, affecting well over 8,000 farming operations. A Claims Administrator has developed computer programs to administer the settlement process.

“We wanted to ensure that the farmers received fair compensation for their losses” explained Arsenault. “The farmers believed in us and we believed in them. It created a bond and momentum that sustained us throughout the many years of aggressively fought litigation.”

According to lawsuits (MDL # 1811), farmers in five states claimed Bayer negligently contaminated the U.S. commercial rice crop with genetically modified LLRICE 601 and LLRICE 604, leading to export restrictions, bans on two varieties of high-yield seed and a plunge in prices. Within days of the restriction announcements, the decline in rice futures had already cost American rice farmers many millions.

“Our perseverance paid handsome dividends for deserving farmers,” concluded Arsenault.

Neblett, Beard & Arsenault’s senior and founding partner, Richard J. Arsenault, will chair a discussion panel at the  70th Annual Louisiana State Bar Association meeting in Las Vegas, Nevada today.

Mr. Arsenault will lead the Insurance, Tort, Workers’ Compensation and Admiralty Law Section’s “What’s Been Happening During the Year – While You’ve Been Practicing Law” seminar.  He will be joined by three federal judges.  They will discuss recent jurisprudential developments, and how they’ve impacted the practice of law.

Arsenault is an active and respected member of the Louisiana State Bar Association.  He is frequently asked to organize and address state-wide legal conferences for the association, including annual Admiralty Symposiums, Mass Tort Symposiums and special topic seminars, like the 2010 LSBA Gulf Coast Oil Spill Symposium.  Additionally, Arsenault convenes a discussion panel composed of respected legal figures and federal judges each year at the LSBA Annual Convention in Destin, FL.

Kudos to the U.S. CPSC for banning the sale, resale and manufacture of all drop-side cribs in the United States.   Since 2000, 30 infants and toddlers have died as a result of these dangerous cribs, and this action will help prevent additional children from this cruel fate.  Beginning today, all cribs sold in the U.S. must meet new, rigorous safety standards.

Most manufacturers have already gotten on board and are providing U.S. families with new and improved safety designs.  However, no one knows exactly how many drop-side cribs are still out there.   Since 2007, over 11 million of these types of cribs have been recalled due to their potential danger, but countless babies may still be at risk because of the use of second-hand or hand-me-down cribs with drop-sides.   If you have questions or concerns, check out the CPSC website for questions and answers about crib safety.

At Neblett, Beard & Arsenault, we have seen first-hand the devastation, pain and destruction that these cribs can inflict on a family.  Please help spread the word about the realities of drop-side cribs and encourage friends and family to make informed decisions when purchasing a new crib.

In a press release, the U.S. Food and Drug Administration announced that a consent decree of condemnation, forfeiture, and permanent injunction has been filed against H&P Industries Inc., The Triad Group Inc., and three individuals who were responsible for producing and distributing s potentially contaminated with Bacillus cereus. Millions of products with the brand names of Triad Group,Cardinal Health, PSS Select, VersaPro, Boca/ Ultilet, Moore Medical, Walgreens, CVS and Conzellin were affected by the nation-wide recall.

Triad Group and H&P Industries of Hartland, Wisconsin, are accused of violiating good manufacturing standards and failing to heed FDA inspections and warnings about problems with contamination and sterility.  Today’s actions mean that these groups cannot resume manufacturing and distributing drugs or medical devices until they establish an acceptable Quality Assurance and Quality Control program to ensure that all products manufactured in their facilities comply with federal standards for quality and have the identity, purity, potency and safety they are expected or are represented to possess.  Additionally, about $6 million worth of products were seized by federal health officials over public safety fears.

Triad Group and H&P Industries have been sued by a Houston couple who blame the tainted pads for the death of their two-year-old son.  The boy, who recently underwent surgery, was treated at the hospital with alcohol that were later recalled.  The boy developed an infection with Bacillus cereus, and later died.

The June 2011 issue of Louisiana Advocates, the official publication of the Louisiana Association for Justice, features an article by JR Whaley, partner in Neblett, Beard & Arsenault.  The article, ATT v. Concepcion – a Blow to Consumer Rights, is about the recent United States Supreme Court Case that will affect consumer rights for years to come.  In the case, the Court sided with ATT and agreed the company could deny customers the ability to join a class action lawsuits and enforce an arbitration-only form of dispute resolution.  Read the article here.

JR has gained a national reputation for his skilled representation in consumer protection and class action/complex litigation claims.  He is admitted to practice in all state and federal courts in Louisiana, as well as the United States Fifth Circuit Court of Appeals and the United States Supreme Court. Due to the nature of his practice, J.R. is admitted almost yearly pro hac vice to many courts throughout the country. J.R. was graduated from L.S.U. with degrees in history and political science and was graduated from L.S.U. Law School, where he won the prestigious Flory Trial Competition. In addition to his busy litigation practice, J.R. regularly speaks to other attorneys and students on important legal issues and is a consistent contributor to legal publications throughout the country.

Neblett, Beard & Arsenault’s Attorney Jennifer Hoeskstra helped plan and organize a silent auction that raised over $4000 for the Boys and Girls Club of Southeast Louisiana.  The event, which attracted over 200 people, auctioned off 30 prizes, including:

2010 Saints Team Lithograph Autographed Football and a Game-Worn Jersey by Roman Harper.

Dinner for Four with the world-famous Dr. Corey Hebert (as seen on the Discovery Channel’s How Stuff Works) at a local New Orleans restaurant.

A Basketball Autographed by Shaquille O’Neal.

A 17” Pink Coral and Sterling Silver Necklace from Mignon Faget’s Coral Collection.

All proceeds from the event will help fund after school and summer programs for the youth of the Greater New Orleans area.

Hoeskstra, who also volunteered at the event, is an actively involved with the Boys of Girls Club of SELA, and recently participated in the Boys and Girls Club’s “Youth of the Year” state-wide competition.

On Wednesday, April 20, 2011, the Food and Drug Administration (FDA) sent warning letters to four makers of hand sanitizing products that claim to prevent infection from Methicillin-resistant Staphylococcus aureus (MRSA), E.coli and bird flu.   The companies in question are:

1. Staphaseptic First Aid Antiseptic/Pain Relieving Gel (Tec Laboratories)
2. Safe4Hours Hand Sanitizing Lotion and Safe4Hours First Aid Antiseptic Skin Protectant (JD Nelson and Associates)
3. Dr. Tichenor’s Antiseptic Gel (Dr. G.H. Tichenor Antiseptic Co.)
4. CleanWell All-Natural Foaming Hand Sanitizer, CleanWell All-Natural Hand Sanitizer, CleanWell All-Natural Hand Sanitizing Wipes, and CleanWell All-Natural Antibacterial Foaming Handsoap (Oh So Clean, Inc, doing business as CleanWell Company).

The FDA letters warned each company that their products’ marketing is in breach of federal law and gave them 15 days to correct the violations.

Richard Arsenault, senior partner of Neblett, Beard & Arsenault, has accepted an invitation to speak at this weekend’s g DePuy Pinnacle Hip Implant Litigation Conference in Louisville, KY.  The conference is sponsored by HarrisMartin Publishing and takes place on the eve of the the Judicial Panel on Multidistrict Litigation’s hearing on a motion to consolidate the nation’s Pinnacle Hip cases.

Arsenault, who holds a spot on the Plaintiffs’ Steering Committee (PSC) for the DePuy ASR Hip litigation, is a veteran of class actions and complex litigation.  He will present “Multidistrict Status Update” along with David R. Cohen, a Federal Special Master from Cleveland, OH; and Lawrence L. Jones, II, of Jones Ward PLC in Louisville, KY.

Arsenault’s firm is actively investigating claims against DePuy Orthopaedics and its parent company, Johnson & Johnson, for potentially faulty hip implants.   He and his partners are  frequent speakers and chairs of litigation conferences throughout the United States and Canada.  Additionally, Arsenault is  a recognized author, is frequently quoted by national news media, and will being teaching Advanced Litigation courses at LSU’s Paul M. Herbert Law Center this fall.

The U.S. Food and Drug Administration announced that it issued Warning Letters to four companies that manufacture or distribute types of hand sanitizers and antiseptic products that inaccurately claim that they can prevent MSRA infections. The following four companies were issued Warning Letters:

1. Staphaseptic First Aid Antiseptic/Pain Relieving Gel, by Tec Laboratorie
2. Safe4Hours Hand Sanitizing Lotion and Safe4Hours First Aid Antiseptic Skin Protectant, by JD Nelson and Associates
3. Dr. Tichenor’s Antiseptic Gel, by Dr. G.H. Tichenor Antiseptic Co.
4. Clean Well All-Natural Hand Sanitizer, Clean Well All-Natural Hand Sanitizing Wipes, and Clean Well All-Natural Antibacterial Foaming Hand Soap, by Oh So Clean Inc., also known as CleanWell Company.

The FDA is concerned that these products are giving consumers a false sense of protection. Unproven claims found on product labels include, but are not limited to such claims as “kills over 99.9% of MRSA”; “helps prevent skin infections caused by MRSA and other germs”; “is effective against a broad spectrum of pathogens, including MRSA.”

MSRA is a very serious problem. It is a bacterium that can cause severe infections that may become life-threatening. Most troubling is that these infections do not respond to standard treatment with the antibiotic methicillin. According to Edward Cox, M.D., M.P.H., director of the FDA Office of Antimicrobial Products, MRSA is extremely difficult to treat.

The Alabama Department of Public Health today is announcing an ongoing investigation of an outbreak of Serratia marcescens bacteremia in six Alabama hospitals. On March 16, ADPH was notified that an outbreak had occurred in two of these hospitals among patients receiving TPN (total parenteral nutrition).

TPN is liquid nutrition fed through an IV using a catheter. Use of contaminated products may lead to bacterial infection of the blood.

ADPH requested assistance from the Centers for Disease Control and Prevention. CDC’s initial investigation identified TPN produced by a single pharmacy, Meds IV, as a potential common source and has determined that these hospitals received TPN from this pharmacy. Affected hospitals are Baptist Princeton, Baptist Shelby, Baptist Prattville, Medical West, Cooper Green Mercy and Select Specialty Hospital in Birmingham.

Meds IV was notified and informed its customers of the possibility of contamination. ADPH has been informed that impacted hospitals immediately stopped using TPN received from this pharmacy and that the pharmacy discontinued all production. On March 24, Meds IV recalled all of its IV compounded products. The U.S. Food and Drug Administration is aware of the voluntary recall. The pharmacy and the hospitals are cooperating with the investigation.

At this time, ADPH is aware of 19 cases in these six hospitals of Serratia marcescens bacteremia related to this outbreak.

ADPH will provide updates as more information becomes available.

Product List

• Bronch Procedure Kit
• Bupivacaine Epidural Bag
• Cardioplegia Solutions
• Cefazolin 2 gm Syringe
• Dialysate Solution
• Fentanyl /Ropivacaine Epidural Bag
• Fentanyl/ Bupivacaine Epidural Bag
• Folic Acid 1mg/0.2ml Syringe
• Glycopyrrolate 0.2mg/ml 1ml in 3ml Syringe
• Heparin IV Bags
• Hydromorphone Intravia Bag
• Hydromorphone PCA Syringe
• Ketamine Syringe
• Labetalol syringe
• Lorazepam 2mg/ml syr
• Meperidine 10mg/100ml NS(Intravia Bag)
• Morphine 1mg/ml PCA 100ml Intravia Bag
• Neostigmine 3mg Syringe
• Nitroglycerin IV Bag
• Nitroglycerin Syringe
• Norepinehrine IV Bag
• Oxytocin Bags
• Sodium Chl 23.4% (4meq/ml) 10ml Syr
• Succinylcholine 20mg/ml 5ml Syringe
• TPN Solution
• Vancomycin IV Bag