For the third year running, the law firm of Neblett, Beard & Arsenault is proud to sponsor the annual “Breakfast with Santa” to support the Marines’ Toys for Tots organization.  The event will be held on December 4, 2010 at Ryan’s Grill and Buffet on MacArthur Drive in Alexandria, LA. The Breakfast with Santa startes at 8AM and runs until 10:30AM.

Each child under 12 that brings a new, unwrapped toy to donate to Toys for Tots will enter the buffet for free and will be able to visit with Santa, take photos and enjoy face painting, coloring and other fun activities.  Each child will receive a complimentary photo frame containing their picture with Santa.

We hope to see you there!

According to Shreveport Police, a combination of rain-slicked roads and an 18-wheeler driver “not paying attention,” lead to a multi-vehicle collision on Interstate 20 near Greenwood. Thankfully, the wreck, which involved three 18-wheelers and several other vehicles, only resulted in minor injuries.

The crash left one 18-wheeler demolished, the second 18-wheeler was pushed into four-wheel vehicles and the third 18-wheeler exited the highway and ended up in the woods. One 18-wheeler driver had to be cut from the cab of the wrecked big rig.

Eastbound lanes of I-20 were closed while crews cleaned up the debris and leaked diesel fuel. The wreck caused a huge traffic back-up on both the eastbound and westbound lanes of I-20 near Shreveport.

October is breast cancer awareness month. So today, the attorneys and staff at Neblett, Beard & Arsenault went Pink for the Cure!  Our office was decked out in pink ribbons and pink attire all in the name of breast cancer awareness!  Want to see how you can get involved?  Contact your local office of Susan G. Komen for the Cure to see how you could make a difference!

The CPSC is announcing a recall on Black & Decker and Craftsman brand cordless electric lawnmowers.  These mowers, which were previously recalled in 2002 and 2006, may still pose a danger when in operation.

The 2002 recall, which was expanded in 2006, was announced after Black & Decker and the CPSC received numerous reports of the cordless lawn mowers’ engine overheating and causing a fire hazard. This time, 160,000 Black & Decker and Craftsman brand cordless lawnmowers are being recalled because the mower’s motor and blade can unexpectedly turn on after the mower’s safety key is removed, posing a laceration hazard to consumers. Black & Decker has received 34 reports of the motor operating after removal of the safety key, including two incidents that resulted in finger lacerations.

The recalled cordless electric mowers were sold in home centers, hardware and discount stores under both the Black & Decker and Craftsman brand names. The recalled Black & Decker mowers have model number CMM1000 or CMM1000R. All date codes and types are included in the recall. The date code and type information are both located on a silver and black label affixed to the rear door of the mower.

The Black & Decker mowers have either an orange or green deck with a black motor cover. The Craftsman-brand mowers have model number 900.370520 and the recall include all date codes and types. The model number is located on the silver and black label affixed to the rear door of the mower. The Craftsman-brand mowers have a dark green deck with a black motor cover.

The CPSC is urging customers to stop using the recalled lawnmowers immediately.

Despite claims by manufacturers that baby sleep positioners can help reduce the risk of Sudden Infant Death Syndrome (SIDS), gastrointestinal distress, flat head syndrome and colic, the FDA and CPSC have received 12 reports of infants between the ages of 1 month and 4 four months who died when they suffocated in sleep positioners or became trapped and suffocated between a sleep positioner and the side of a crib or bassinet. Now, the FDA and CPSC are urging parents and caregivers to immediately discontinue use of these products, saying the risk of suffocation outweighs any benefits.

Most of the infants suffocated after rolling from a side to stomach position. In addition to the reported deaths, CPSC has received dozens of reports of infants who were placed on their backs or sides in sleep positioners, only to be found later in potentially hazardous positions within or next to the sleep positioners. The two main types of infant sleep positioners are flat mats with side bolsters or inclined (wedge) mats with side bolsters.

The CPSC has posted this warning on its website:

* STOP using sleep positioners. Using a positioner to hold an infant on his or her back or side for sleep is dangerous and unnecessary.
* NEVER put pillows, infant sleep positioners, comforters, or quilts under a baby or in a crib.
* ALWAYS place an infant on his or her back at night and during nap time. To reduce the risk of SIDS, the American Academy of Pediatrics recommends placing infants to sleep on their backs and not their sides.

The lawyers are Neblett, Beard & Arsenault are currently investigating claims against manufacturers of faulty or defective childrens’ products.  We have worked hard for families whose infants and children have been injured or killed as a result of defective products, and are closely following this recent warning from the FDA & CPSC.  We will updated this information as it becomes available. Stay tuned.

A massive recall of 10 million Fisher Price products has been announced.  The recall, which includes items that range from high-chairs,  tricycles, toy cars and baby products, was initiated after Fisher Price and the Consumer Product Safety Commission (CPSC) received multiple reports of injuries and choking hazards. Reported injuries from the recalled Fisher Price items choking, injuries, lacerations, and other serious injuries, including genital bleeding.

Over 2.8 million Baby Playzone™ Crawl & Cruise Playground™, Baby Playzone™ Crawl & Slide Arcade™, Baby Gymtastics™ Play Wall, Ocean Wonders™ Kick & Crawl™ Aquarium (C3068 and H8094), 1-2-3 Tetherball™ and Bat & Score Goal™ have been recalled due to choking hazards. The plastic valve of the inflatable ball on these toys can come off and pose a choking hazard to young children.The CPSC and Fisher Price have received 54 reports of the valve detaching from the toys, including 14 reports of the valve being found in children’s mouth and 3 reports of children choking on the plastic valve.

About 950,000 high chairs are being recalled due to risk of injury and laceration. The recalled products include Healthy Care, Easy Clean and Close to Me High Chairs. According to the CPSC, the problem with the recalled Fisher Price high chairs is that children can fall on or against the pegs on the rear legs of the high chair, which are used for high chair tray storage. This could result in a child sustaining cuts, scrapes and other injuries from the protruding object. Fisher Price and the CPSC have recieved 14 reports of injuries, including 7 that required stitches and 1 reported injury to a child’s mouth. Recalled models include Healthy Care 79638, 79639, 79640, 79641, B0326, B2105, B2875, C4630, C4632, C5936, G4406, G8659, H0796, H1152, H4864, H7241, K2927 and L1912; Close to Me H8906; and Easy Clean H9178, J4011, J6292 and J8229.

120,000 Fisher-Price Little People Wheelies Stand ‘n Play Rampway products are being recalled in the US and Canada. Fisher Price has received several reports of the wheels detaching from the green and purple cars, which poses a serious choking hazard to small children.The recall involves Little People Wheelies Stand ‘n Play Rampway with model numbers T4261 and V6378.

Over 7 million Fisher Price Trikes and Tough Trikes toddler tricycles are being recalled because of a protruding plastic ignition key, which if a child sits or falls on, can result in serious injuries. Fisher Price has recieved 10 reports of injuries resulting from the protruding key, including 6 reports of little girls needing medical attention for genital bleeding. Recalled models include J72633 Hot Wheels Trike, 72642 Lil’ Kawasaki Trike, 72639 Barbie Free Spirit Trike, 72643 Boys Tough Trike, 72644 Girls Tough Trike, 72792 Kawasaki Trike, B8775 Kawasaki Tough Trike, B8776 Barbie Tough Trike, K6672 Dora the Explorer Tough Trike, K6673 Diego Tough Trike, M5727 Barbie Tough Trike Princess Ride-On, N6021 Kawasaki Tough Trike, T6209 Thomas Tough Trike and V4270 Diego Tough Trike.

The CPSC is urging parents to immediately stop using these products, as they can result in serious injuries to young children. Recalls that affect children’s products are always unsettling.  Parents expect trusted brands to produce and market products that are safe for children and babies.  According to the CPSC, manufacturers should be working harder to build safety into their products, rather than intiaing recalls after injuries are reported.

At Neblett, Beard & Arsenault, our injury attorneys  have represented families whose children and infants have been seriously injured or killed by products that were supposed to be safe.  We  know first hand the sadness and trauma that defective childrens products inflict on a family.  We will continue to monitor this recall closely and post additional updates.

The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Siemens and Murray Circuit Breakers, Load Centers and Meter Combos

Units: About 2.2 million

Importer: Siemens Industry Inc., of Alpharetta, Ga.

Hazard: The recalled circuit breakers have a spring clip that can break during normal use, leading to a loss of force to maintain a proper electrical connection in the panelboard. This can lead to excessive temperature, arcing or thermal damage at the connection point, and damage to the panelboard’s electrical insulation and can result in a fire, property damage, or personal injury.

Incidents/Injuries: Siemens has received one report of a circuit breaker spring clip that broke during installation. No injuries have been reported.

Description: This recall involves Siemens and Murray 15 through 50 AMP single and double pole circuit breakers, load centers (circuit breakers that come with an electrical panel), and meter combos (contain a load center and a meter socket). “Siemens” or “Murray,” date codes 0610 or 0710 and the catalog number are printed on a label on the side of the circuit breakers. Date codes between June 2010 through August 2010 are stamped on the inside of the metal box of the load centers and meter combos. The catalog number for the load centers and meter combos is printed on a label inside the metal box door and on the packaging.

Recalled Product: Circuit Breakers
Date Codes: 0610, 0710
Catalog Numbers: Q115, Q120, Q130, Q215, Q230, Q250, MP115, MP115U, MP120, MP130, MP215, MP230, MP230U, MP250

Recalled Product: Load Centers
Date Codes: Jun 23 2010 – Aug 25 2010
Catalog Numbers: G2020B1100CP, G3030B1100CP, G4040B1200CUSGP, LC4040B1200P, G3040B1200CP, G3040L1200CP, G4040B1200CP, G3030B1150CP, W3040B1200CP, G1624L1125CP, W4040B1200CP

Recalled Product: Meter Combo
Date Codes: Jun 23 2010 – Aug 25 2010
Catalog Numbers: JA2040B1200SP

Sold at: The Home Depot, Lowes, other hardware and building supply stores and numerous electrical distributors nationwide from June 2010 through August 2010 for between $2.50 to $235.

Manufactured in: Mexico

Attorney Richard J. Arsenault, senior partner at Neblett, Beard & Arsenault, chaired the Louisiana State Bar Association’s 17th Admiralty Symposium today in New Orleans.  Arsenault has organized the event since its inception. 

This year’s schedule featured federal judges, professors, attorneys and engineers from across the country speaking on laws governing maritime activities, including Neblett, Beard & Arsenault’s Attorney Wes Gralapp, who addressed governmental claims. 

Arsenault was chosen by the Louisiana State Bar Association to lead the event because of his extensive knowledge and experience in maritime law and complex litigation. He is also heavily involved with the on-going litigation stemming from the tragic oil spill in the Gulf of Mexico. This year, Arsenault has chaired the Louisiana State Bar Association’s Gulf Coast Oil Spill Symposium, the Harris Martin Publishing Gulf Coast Oil Spill Symposium and was named Co-chair of the American Association for Justice’s Gulf Coast Oil Spill Litigation Group.  

The Wall Street Journal has called Arsenault’s seminars the “must attend” legal events, and his expertise has been featured by The New York Times, CBS, Business Week, NPR and other major media outlets.

Neblett, Beard & Arsenault has filed a lawsuit in the United States District Court, Eastern District of Louisiana, on behalf of an elderly woman who was implanted with a recalled DePuy hip replacement system.

“For many seniors, what should have been newfound mobility has instead become less mobility because their hip replacements systems are defective,” says Attorney Richard J. Arsenault, senior partner at Neblett, Beard & Arsenault.

DePuy Orthopaedics, a division of Johnson and Johnson, announced a worldwide recall of its ASR XL Acetabular System and ASR Hip Resurfacing System after reports indicated the systems were failing at a higher than expected rate.  According to a study published by the National Joint Registry of England and Wales, 1 out of every 8 patients (12%-13%) who had been implanted with a recalled device had to undergo revision surgery within five years.

The recalled ASR hip systems may loosen or dislocate after implantation, resulting in pain, fracture, swelling and less mobility in the patient.  The ASR hip system utilizes a ball and socket component that moves against one another.  Over time, the metal on metal contact may create metal debris, which could result in damage to the bone, soft tissue and nerves.

“It is troubling to think that over 90,000 people may have been implanted with defective, perhaps dangerous hip replacement systems.   It raises the question whether these devices were properly vetted before they were put on the market.  Further, did DePuy work fast enough to recall these products after knowing that they were resulting in revision surgeries, complications and pain?” questioned Arsenault.

Around 2AM on Monday, September 6^th, at power outage at the Chalmette Refinery near New Orleans, LA allowed one ton of spent refining catalyst to be released into the air.  Once airborne, the white, powdery substance covered homes and properties in Chalmette, Arabi and the Lower Ninth Ward. Residents woke up Monday morning to find homes, cars, personal items and properties covered in the spent catalyst.  On September 8^th, Neblett, Beard & Arsenault filed a class action lawsuit on behalf of those affected by the chemical spill.

Spent catalyst powder, a bi-product of the oil refining process, is a potentially harmful and hazardous substance.  It is a known eye, skin and respiratory irritant, and is especially harmful to those with respiratory conditions. Catalyst powder contains kaolin, a clay-like substance, and amounts of more hazardous ingredients, including titanium oxide. The Environmental Protection Agency (EPA) lists spent catalysts as a hazardous waste, which must be disposed of under strict guidelines.

Chalmette Refinery initially downplayed the serious nature of their pollution, and encouraged residents to clean up the substance themselves.  However, information from a Material Safety Data Sheet states the catalyst powder can be harmful if inhaled or ingested. It urges people to protect themselves from exposure the chemicals and to use rubber gloves while handling the product. The data sheet also encourages individuals to decontaminate or dispose of clothing items, shoes, etc. exposed to the catalyst powder.

Many residents – including those with young children – are deeply concerned about the safety of their properties and items, such as children’s toys, that may have been contaminated by the catalyst chemicals.

St. Bernard Parish officials are investigating the incident.  However, many are concerned about the potential health effects of the chemical release.