Painkillers Linked To Heart Attacks

January 12, 2011 · Posted in Product Safety · Comment 

Today’s Bloomberg News reports, “Commonly prescribed medicines that ease pain by fighting inflammation have been linked to increased risk heart attack and stroke,” according to an analysis published online Jan. 11 in the British Medical Journal.

Yesterday  CNN’s“The Chart” blog reported, “Supporting previous research on the subject, a large meta-analysis of 31 studies has found significant risks of cardiovascular events in people who take prescription-strength nonsteroidal anti-inflammatory drugs (NSAIDs).” The blog entry noted, “The analysis spanned studies including a total of more than 116,000 patients. Scientists looked at trials that had compared NSAIDs with other NSAIDs or placebo.”

 HealthDayreported: “Compared with patients taking placebo, those taking rofecoxib and lumiracoxib had twice the risk of heart attack, and those taking ibuprofen had more than three times the risk of stroke.” Interestingly, “the highest risks for cardiac death were associated with etoricoxib and diclofenac, where the risk was around four times greater than for placebo, the researchers found.” The least harmful medicine appeared to be naproxen, the study found.

Before taking pain medication, assess your level of pain to see if it warrants taking a pain pill.  If it does, then carefully research the product and product manufacturer for any side-effects.  The Washington Legal Times recently reported on the Food and Drug Administration’s recent attempts at increasing its transparency on regulating drugs.

Lost Your Job? Do You Have A Discrimination Claim?

January 12, 2011 · Posted in Employment · Comment 

Yesterday The New York Times reported a soar in employment discrimination claims filed with the Equal Employment Opportunity Commission.  Complaints include discrimination based  upon race, sex, national origin, religion and color, among others.  Complaints increased to 99,922 in 2010, ending September 2010,  from 93,277 in the previous year. 

The article states:

The largest increase was from people who said they had been discriminated against because of a disability, an increase that may be linked to recent changes in the legal definition of disability to make it more expansive. The Obama administration’s growing reputation of greater interest in discrimination cases than its predecessor may also have increased filings.

But experts say the chief reason for the increase in accusations of prejudice is most likely tied to the broad layoffs of the last few years…

“The majority of the time, the E.E.O.C. is still finding no reasonable cause for the charges being filed,” said Michael S. Burkhardt, an employment partner in the Philadelphia office of Morgan, Lewis & Bockius who represents employers in discrimination class-action suits. “In some cases, people are just upset that they were terminated, and they happen to be in a protected category. Even if that has nothing to do with why they were terminated, they still file a charge.”

He added that employers have had to become increasingly careful about how they structure layoffs when they reduce their work forces, as many have done since the financial crisis began several years ago.

While losing a job causes an understandable amount of anxiety and frustration, leading one to scrutinize the grounds of firing, those who lose their job must remember that Washington is an at-will employment state.  An employer may terminate you for any reason, just not an illegal reason.  Therefore, if you think that similarly-situated co-workers (e.g., same age or color or member of protected class, who were equally skilled as you) were treated more fairly than you, then you doubtfully have a discrimination claim.  However, if those similarly-situated individuals were also treated disparately from other, non-protected workers, then you may have a discrimination claim under Title VI of federal law.

Are 3D Videogames Safe For Your Children?

January 12, 2011 · Posted in Product Safety · Comment 

By:  Washington Legal Times contributing legal commentator and Seattle attorney, Alexandra Filutowski

The Wall Street Journal recently announced that Nintendo’s new 3D videogame poses a risk to young children. Extended exposure to 3D images may impair proper eye development in young children. Nintendo issued this warning in fear of disabling conditions cuasd by the product, which may result in lawsuits for compensation for the unsuspecting, innocent young consumers. The game does not require the user to wear 3D glasses for the 3D effect. The game, 3DS goes on sale first in Japan on Feb. 26 and then in the U.S. and Europe in March. In Japan, 3DS will cost about $300.

Source: The Wall Street Journal Nintendo’s Chief Defends 3DS, Jan. 10, 2011

The article states:

Parents seemed, for the most part, nonplussed about the recent warning. Toshiaki Iwata (no relation to Nintendo’s president) had just finished trying out a new game for 3DS called “Nintendogs + Cats” with his wife and 3-year-old daughter. “Some people are extra-cautious because this is something new, but once parents get used to it, I think they will start letting their kids play with 3-D too,” “I’ve heard about the safety concerns but I wonder if there’s any clear scientific basis for it,Right now, I’m not so worried about it.” he said.

Read more

FDA Transparently Explaining Its Regulatory Process?

January 12, 2011 · Posted in Product Safety, Uncategorized · 1 Comment 

By:  Washington Legal Times contributing legal commentator and Seattle attorney, Alexandra Filutowski

The Food and Drug Administration (FDA) launched a website last week that provides information on the regulatory status on drugs, devices, food and cosmetics.  The website provides an overview on how products are regulated and specifics on particular products.  The site is intended to empower consumers in their purchasing choices, knowing more fully the scrutiny each product undergoes before becoming “FDA approved”

Online Shopping Protected By 1st Amendment Free Speech

October 26, 2010 · Posted in Uncategorized · Comment 

Yesterday 9th Circuit Federal Judge Marsha Pechman ruled that Amazon.com customers’ purchase history is a form of speech protected by the Constitution’s First Amendment.   The case arose out of North Carolina Revenue Department requesting the purchase history of 50 million+ Amazon.com customers.    Amazon sold at least 50 million products to  North Carolina customers from 2003 – 2010 without collecting any sales or use tax. 

North Carolina requires residents to pay taxes on online purchases if buying the same item in a physical store would result in a sales tax. But out-of-state retailers can’t be forced to collect North Carolina’s tax if they have no physical presence in the state.

The dispute in the case was over the state’s definition of whether Amazon had a North Carolina presence.

North Carolina officials argue that many online shoppers never pay sales tax, so consequently Amazon enjoys an unfair advantage over bricks-and-mortar stores like Gap, and mom-and-pop stores. 

While Amazon has provided massive amounts of data about sales to North Carolina residents since 2003, it never turned over names and addresses of its customers.  Amazon has historically shared the city, county and ZIP code to which an item was shipped, the product code and total transaction price. 

Amazon says disclosing personal identifying information would have a chilling effect on people’s willingness to buy books, music and other “expressive works” that might reveal an intimate fact about them.  The judge in the case, as reflected by her ruling.

TRICK OR TREATERS: BEWARE OF NESTLE’S RAISINETS!

October 25, 2010 · Posted in Uncategorized · Comment 

Raisinets Recalled, Peanuts Possibly Present:  BEWARE HALLOWEEN TRICK OR TREATERS!

Today Nestle USA issued a recall of their RAISINETS bags of candy because of the potential that the product may contain peanuts.  The company reports that people with peanut allergies may suffer a serious reaction after eating RAISINETS .  Nestle stated “[RAISINETS] should not, but may contain some peanuts that are no declared on the label.”  Nestle has received complaints related to this issue.   10/22/2010.  Read Article: PR Newswire

Washington Legal Times applauds Nestle for “coming clean” with this problem but encourages all food companies to increase their efforts to provide only the healthiest and wholesome foods to us consumers. There are plenty of “tricks” at Halloween without contracting a serioujs food allergy from peanuts that shouldn’t be in the product in the first place.

New Trend In Unionizing Fast Food Employees?

October 21, 2010 · Posted in Uncategorized · Comment 

By:  Washington Legal Times contributing legal commentator and Seattle attorney, Alexandra Filutowski

Due to continued low wages, last-minute shift scheduling and disgruntled managers, fast food joint Jimmy John’s workers are voting Friday on whether to unionize

As quoted in The New York Times: 

“A union in fast food is an idea whose time has come,” said Emily Przybylski, a bike delivery worker at Jimmy John’s who is also a social work student at the University of Minnesota. “There are millions of workers in this industry living in poverty, with no consistent scheduling, no job security and no respect. It’s time for change.”

Just as journalist Barbra Ehrenreich chronicled and researched in her book, Nickel and Dimed, America’s growing middle/lower class is struggling to make ends meet.  Fighting for fair, liveable wages, reasonable hours and positive work environments is a must for a healthy, productive America.

For information about Washington State’s minimum wage, see: $0.12 Increase In Washington State’s Minimum Wage, Liveable?

Whopper Of An Embarassment

October 21, 2010 · Posted in Uncategorized · Comment 

By:  Washington Legal Times contributing legal commentator and Seattle attorney, Alexandra Filutowski

Every now and then I stumble upon a lawsuit in the news that gives personal injury attorneys a bad rep.  There is just no way around it.  The media discovers a ridiculous lawsuit and then reports on it.  Millions of news consumers read about it on msnbc.com, hear it on popular radio stations, etc. And suddenly, all the tough, fair cases fought by well-intentioned personal injury attorneys are forgotten, and trial lawyers are deemed greedy and bottom of the barrel scum suckers. 

This week’s despicable lawsuit comes from Vermont.   Van Miguel Hartless (pronounced: “heart-less”) sued Burger King in 2007 after allegedly finding an unwrapped condom in his burger.   The owner-operator of the franchise where the burger was sold said forensic analysis of the object and surveillance video prove it didn’t originate in the Burger King.

At the time, Hartless claimed his experience after biting into the Southwestern Whopper caused him “sustained pain and suffering, vomiting, nightmares, mental and emotional distress” and medical expenses.

The alleged damages are rather extreme for a rather minor “incident.”  At best, the customer should receive a refund for the burger and some Burger King food vouchers.

By:  Washington Legal Times contributing legal commentator and Seattle attorney, Alexandra Filutowski

Mayor McGinn Booting Downtown Parking

October 19, 2010 · Posted in Traffic Laws · Comment 

With Seattle Mayor McGinn’s proposed $4.00/hour parking rate, no free Sundays and now this boot on cars for unpaid tickets – parking will become such a nuisance downtown.  Many will avoid coming into the city all-together, and the rest will overcrowd parking garages and parking lots that offer all-day rates and no city parking tickets.

McGinn is pushing forward the proposed initiative that will place a boot on your car if you have four or more unpaid parking tickets.  He says it’s not about money, but rather encouraging efficient, short stops at downtown retail stores.  He would like at least one-eighth of the parking spots available at any time. 

Others, see the proposal as a clear cash-cow for the city.  The proposed hourly rate increase and boot, will make Seattle the most expensive city to park in nationwide. 

Approximately 500,000 parking tickets this year will generate the city $21 million in revenue  and approximately $25 million next year, budgets say.   Parking meters and pay stations will generate approximately $27 million in 2010. An additional $22 million comes from commercial parking taxes on off-street lots. Those taxes likely will increase next year.

14 other states are currently using the “Boot.”  It’s a code-controlled lock on a vehicle’s wheel.  Once you pay your unpaid tickets by credit card over the phone, you will be given a code to unlock your boot.  You then must return the boot to the City, or be penalized up to $500!

By:  Washington Legal Times contributing legal commentator and Seattle attorney, Alexandra Filutowski

Health Insurance Plan Changes – Read the Fine Print!

October 16, 2010 · Posted in Health Insurance · Comment 

Today’s New York Times offers good advice and insights into health insurance companies’ plans for you and your dependents in the upcoming year.   Premium increase, less coverage, increased out-of-pocket expenditures, and other caveats make healthcare even more costly.  However, thanks to new healthcare laws, dependents up to age 26 cannot be excluded from policies, among some other positive changes. 

So, to ensure you are insured to the level you need, take the time to readyour policy, its addendums and the fine print.

By:  Washington Legal Times contributing legal commentator and Seattle attorney, Alexandra Filutowski

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