None of us expects to be injured by eating a meal. This is especially true when we purchase our food from a reputable market or dine at an ostensibly clean restaurant. Yet the perils of poison in our food seem to be on the increase as can be seen by a small sampling of a few headlines from just this last month.

• 3rd E. Coli Death Linked to Spinach
  An elderly Nebraska woman was killed by eating spinach contaminated with E. coli. Earlier reports confirm an Idaho child and a Wisconsin female also died after eating greens infected with the bacteria. At least 190 other Americans have been sickened to date by the nationwide outbreak of the strain. (10.6.11)
• Taco Bells Shuttered After E.coli Outbreak
  All of the Taco Bell restaurants in Philadelphia were closed volunatrily after an E.coli outbreak linked to green onions was reported in three states. Health officials described the E.coli outbreak as the largest to hit the Northeast in many years. (10.6.11)
• Cantaloupe Toll Continues to Grow: 133 sick; 28 Dead
  Cantaloupes grown in Colorado are found to be contaminated with the listeria infection. Deaths linked to the cantaloupes have been reported in twelve states Illnesses and fatalities continue to be identified more than a month after the melons were recalled. (10.26.11)

• Eggs Linked to Minnesota Salmonella Cases
  Contaminated eggs suspected in multiiple illnesses linked to Salmonella contamination in Minnesota. (10.20.11)

The Source of Poison in Foods

Food can contain various sorts of bacteria, including salmonella, listeria, E.coli and others. Some “poisons” can be harmless or produce mild transitory symptoms such as vomiting or stomach ache. At the other end of the spectrum, severe infections can cause kidney failure, paralysis, blindness and death. Those with compromised immune systems are especially at risk.

Some toxins appear naturally in food. However, virulent bacteria strains can often be traced to dirty equipment, poor sanitation and bad storage techniques.

The FDA – The Endangered Watchdog

The Food & Drug Administration (FDA) is the Federal agency charged with monitoring the safety of the food sold on the American market. But obviously the screening is far from fool-proof and the prospects for improvement in FDA performance are not encouraging.

One reason is political—as the 2012 political campaign gets underway many candidates call for the slashing of “domestic” government programs, especially those which “regulate” industry. Proposals to cut the FDA enforcement arm by 20 per cent or more are drawing applause from certain constituencies around the country.

Another challenge to the efficacy of the FDA is the level of food being imported into the United States from abroad. The FDA expects 24 million regulated shipments this year up from 6 million only ten years ago. According to the FDA Office of Regulatory Affairs only 2.06% of shipments were inspected in 2010, only 1.59% are likely to be examined this year and even less in 2012.

Basically 98% of FDA regulated shipments entering the country are notbeing inspected. (“Flood of food imported to US, but only 2 percent inspected.” MSNBC New Report 10.26.11)

California Consumers Legal Rights and Contaminated Food

In our state consumers have the right to rely on an implied “warranty” that their food is safe to eat. That seems simple and straightforward. But as with many things “legal,” it is not.

Defenders of the food industry typically contest food contamination claims by claiming that those who report “poisoning” are suffering from something else – such as a flu outbreak. They also are likely to assert that if the vegetables or fish are filled with bacteria it is because someone in a far away place like South America or Mexico was asleep at the switch… and often it is hard indeed to trace the original source of contamination.

Moreover the California Courts a number of years ago handed the purveyors of contaminated food a valuable legal weapon: the “natural” condition defense. A restaurant patron who chokes to death on a chicken bone in a taco cannot complain because chicken meat “naturally’ contains some bones. While this is true, the defenders of poisonous food will use this legal doctrine to their advantage…no food is totally pure at its source nor can it ever be no made that way.

A Food Poisoning Legal Claim

These cases are not “open and shut.” Few civil claims are. Consumers whose loved ones have been severely injured by suspected contaminated food should immediately report the incident to a physician, the hospital emergency room, and local public health officials. The FDA should be notified. If possible, a sample of the food should be preserved for testing. And if legal action is contemplated get in touch with competent counsel without delay.

The Law Offices of Joseph W. Campbell represents victims of all manner of trauma. One of the most devastating is an incident which results in injury to the brain, seen most often in direct blows to the head.

Over the last year the practice has confronted this life-altering event in a number of different settings. To name a few:

• A contractor who sustained a cerebral hemorrhage (bleeding in the brain) when he was thrown from the cab of a truck.
• A forklift driver who fell from a dock when the rig he was loading pulled away. He landed on his head and was in a coma for weeks.
• A San Francisco cleric who was putting money in a parking meter when an improperly braced construction wall fell on her head.
• A Southern California field inspector whose vehicle was hit from the side by a car speeding in the wrong lane, catapulting his vehicle down a ravine.

Each of these victims sustained what doctors used to call a “closed head injury” or “concussion” but more recently is described as “traumatic brain injury” (TBI). The definition of TBI adopted by the Brain Injury Association of America in February 2011 is “an alteration in brain function, or other evidence of brain pathology, caused by an external force.”

Symptoms of Head Trauma

What happens to someone who has sustained even a mild brain trauma? He or she can confront all manner of frightening changes and disabilities including

1. Memory Loss
2. Severe headaches
3. Balance problems
4. Inability to concentrate
5. Trouble organizing simple life tasks
6. Loss of senses, especially vision.

All of which typically results in sadness or depression in varying degrees.

Head Trauma Victims in the Public Eye

The subject of repeated concussions is now very much in the news. Several weeks ago the great Pittsburgh Steeler QB Terry Bradshaw confided to a group of newsmen that he is experiencing short term memory loss because of the many blows to the head he sustained in his playing days. Three of Terry’s teammates (Mike Webster, Terry Long, and Andre Waters) who were thought to have died from other causes, including suicide, all evidently suffered from severe depression brought on by brain injury.

The NFL is supposedly looking into the specific problem of repeat head injuries… a condition called Chronic Traumatic Encephalopathy (“CTE”). CTE is most likely the accepted new term for what in days past was called the “punch drunk” boxer, who could not speak or think clearly and was always falling.

Personal Injury Attorneys who represent accident victims with brain injury caused by single or mutltiple concussions are trying to learn more about the symptoms and what help the clients are going to need to cope with their disabilities.

A good place to find out more about TBI and CTE is the recently established Center for the Study of CTE at Boston University.

The Law Offices of Joseph W. Campbell in 2010 was the only Alameda-based law firm recognized byour Bar Association as one of eleven in the County as a “Guardian of Justice.” These big and small firms were responsible for funding in a significant way the operations of the Bar’s Voluntary Legal Services Corporation (VLSC).

VLSC, among other functions, conducts clinics throughout the year on topics like bankruptcy and divorce law. Those who cannot afford a lawyer can receive intensive education and training on these subjects and many others.

The need for voluntary legal aid is especially vitalwhen the economy is hurting.This can be seen in a dramatic way by looking at the kinds of lawsuits that our being filedin the Bay Area courts. We are seeing a tidal wave of actions being brought by banks, collection agencies and credit card companies against customers who fall behind on payments because they have been laid off from work.

Information about how the Bar Associationis trying to improve access to legal services to the residents of Alameda County can be viewed in detail at www.acbanet.org. The Law Offices of Joseph W. Campbell strongly supports the efforts of the Bar and is honored to be named as one of the eleven “Guardians of Justice”.

On January 18, 2011, Alameda’s Courthouse on Shoreline Drive will becomea Family Law Center for the County Court system. All three courtrooms will be used solely for family lawhearings such as dissolution (divorce) trials, child and family support proceedings, and related matters.

All of the Family Law departments now located in Oakland will move to Alameda.

The Courthouse was built over twenty years ago and literally has a beachfront location just south of the Town Centre. It was named the George E. McDonald Justice Center in honor of Alameda’s own retired Judge George McDonald. The building has long been a favorite of lawyers and jurors alike with its shoreline access, friendly and helpful clerks, and most important…free parking!

The best public transit link to the Courthouse is via the Line 20 bus which connects to the Fruitvale BART station.

Alameda residents who know about their very own court mostly become acquainted with it when they pay parking tickets. Hopefully one of the clerk’s windows will continue to be available for this purpose but as of this writing that remains unclear.

Judge McDonald, now 90 years old, was seen out and about Alameda frequently in his retirement years. He was and is a strong supporter of many of the City’s public causes. He is a loyal alumnus of St Joseph-Notre Dame High School and the University of San Francisco and its law school.

As the San Francisco Giants celebrate their first World Series win, we are reminded how many Bay Area athletes have starred in the Major Leagues over the years. Alameda itself has a rich roster of players… from Dick Bartell and Chris Speier to more recent stars like Jimmy Rollins.

Alameda lost one of its most famous baseball legends just this last month… the great Bill Raimondi. Bill played catcher for over 20 years with the Oakland Oaks of the Pacific Coast League, the West Coast majors before the Giants and Dodgers moved to California. He was a lifetime .285 hitter and a fielder par excellence. Players of his era called him the best defensive catcher they had ever seen and he was a fine base runners as well.

All this from a guy who was only 5’10″ and 160 pounds. He called Alameda his home for decades and was a fixture at the Alameda golf course and all around town in his post-baseball days.

Bill passed away at the age of 97 on October 18,2010, and his memorial service at St. Philip Neri Church drew a standing room only crowd. Father Jojo Puthussery remarked that he rarely saw attendance like this on most regular Sunday masses. It was a fitting tribute to a true Alameda legend, who was loved by many and admired by all.