Tortelicious: Senior Ex-Cons Still Got It (well, almost)

April 13th, 2010. By LucyC

Welcome to Totally Tortelicious—a review of some of the more bizarre legal stories making news. Goodness knows there’s no shortage of them.

In Search of a Higher Risk Retirement Portfolio? Try bank robbery…A trio of seniors was apprehended outside a suburban Chicago bank recently, for suspicious behavior. (No, not that kind). The three old boys, dressed all in black when they were arrested, were ‘casing the joint’, as the expression goes, in preparation for a robbery. But it turns out this was not some kind of a gag or attempt to break free from the old folks home. Although I would say it was a temporary lapse in sanity.

Joseph “Jerry” Scalise, 73, of Clarendon Hills, Ill., Arthur Rachel, 71, of Chicago and Robert “Bobby” Pullia, 69, of Plainfield, Ill., were all suspects in an earlier robbery in 2007 and were under investigation by the FBI. In fact they were under surveillance, unbeknownst to them, which is presumably how they were spotted hanging around the First National Bank in La Grange, IL, especially on the days that an armored car would make a visit.

It turns out these fellows have quite the criminal pedigree—well two of them at any rate. Scalise and Rachel were alleged Chicago mob figures, who reportedly were released from prisons in the UK in 1993, after spending 13 years behind bars for the theft of the 45-carat Marlborough Diamond and other gems from a London jewelry store. That payday was worth $2.6 million in total, and the gems were never recovered. And, Scalise was a technical adviser on “Public Enemies,” the movie about John Dillinger filmed in Chicago in 2008. They should have pooled their loot and hired a financial adviser.

No More Hangin’ Around the Beer Cooler and Gettin’ Paid for it…Dozens of workers walked off the job in Copenhagen last week, in protest of new rules that would restrict their drinking alcohol on the job to their lunch breaks, in the canteen. This could be a very sad thing for the whole country, not just the workers, as their employer is the Danish brewer Carlsberg. And, not only did about 1000 workers walk out on Wednesday/Thursday, the truck drivers went out in support as well—so the whole country could be facing a drought. Apparently there were interruptions to beer transports “in and around Copenhagen.”

The strike is in response to a “tightening” of rules on workplace drinking, and the removal of beer coolers from work sites. Okee dokee.

Before the rule went into place, workers could help themselves to beer throughout the day, Read the rest of this entry »

Asbestos News Roundup: 4.9.10

April 9th, 2010. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of.

Asbestos Settlements

Largest Mesothelioma Verdict in the History of New Jersey Asbestos Litigation

New York, NY: A unanimous decision issued on April 5, 2010 by the New Jersey Appellate Division has upheld a $30.3 million jury award in the New Jersey asbestos lawsuit filed by Susan M. Buttitta, both individually and on behalf of the estate of her late-husband Mark Buttitta. Mr. Buttitta died of mesothelioma, a rare and fatal cancer caused by asbestos exposure. The jury verdict is the largest mesothelioma award in the long history of New Jersey Asbestos litigation.

According to the published opinion, Mr. Buttitta was exposed to asbestos in the workplace during the 1970s when he was employed at warehouses that distributed asbestos-containing materials including brakes and clutches. He worked as a “parts picker” which required him to handle asbestos products and sweep up dust that contained asbestos. The landmark mesothelioma verdict was decided against a supplier of asbestos fiber, which was incorporated into automotive parts, and the manufacturer of automotive clutch products that contained asbestos.  (prweb.com)   

Asbestos Hot Spots

Detroit, MI:  Demolition plans for 3,000 buildings in Detroit have been halted due to law violation warnings related to the project. As reported by The Detroit Free Press, the state Department of Natural Resources and Environment has alleged that the city failed Read the rest of this entry »

Pfizer’s Secret Friend

April 9th, 2010. By Hunter West

Mom and Dad told us not to be ‘too big for your britches.’ However in the Land of Big Pharma, that basic chestnut of moral integrity need not apply… 

Remember the debacle over Bextra? Pfizer was found to have actively marketed the drug for off-label use, for things not approved by the US Food and Drug Administration (FDA), and was called to the carpet over it, paying about $2 billion in penalties. 

However, it could have been a lot worse, according to a special investigation by CNN that found Pfizer escaped the expected death knell in such cases by being permanently excluded from Medicare and Medicaid. 

Most know the story of Bextra, the Cox-2 inhibitor that Pfizer brought to the painkiller market in 2001 with big plans. Cox-2 inhibitors were thought to be safer than generic drugs.

Also more expensive, coming in at 20 times the cost of ibuprofen. 

Nonetheless, the plan was to market Bextra for acute pain, such as that experienced by patients following surgery. 

Enter the FDA, which put a noose around Pfizer’s neck when it decreed that Bextra was not safe for patients at high risk for heart attack and stroke. Thus the approval was limited to pain treatment related to arthritis and menstrual cramps. 

Undaunted, the marketing and sales arms of Pfizer—allegedly without knowledge of top executives—set to work circumventing that regulatory authority by promoting its use off-label to anesthesiologists, orthopedic surgeons, “anyone that use[d] a scalpel for a living,” according to the words of one district manager. 

There were other lapses in marketing judgment that flew in the face of regulatory decorum. In the end, by the time Bextra was Read the rest of this entry »

Moms: Board Books a Hazard to Babies, Still

April 8th, 2010. By AbiK

Flashback: 1994. The birth of my friend’s son, Brian. The first born in our circle of friends. Lots of cooing, awe…a Gail Sheehy Passages kind of moment.

Fast forward a few months. My friend calls me to let me know Brian nearly choked to death. She explained in detail the frantic minutes that must’ve felt like hours as she watched Brian’s skin tone fade to pale and then to a bluish tinge. She recounted the finger-sweep actions she took to try to retrieve whatever it was. The mini Heimlich maneuver as she wanted to propel the object out of Brian’s mouth without causing further harm. As I listened it was as if I was reliving the moments with her and yet I was thankful I hadn’t had to live them in the first place. My heart went out to her. (Note, years later, I had to endure the scene with my own child with a hot dog, and it was beyond anything I ever want to witness again.)

The reason? A board book. Those oh-so-sturdy, infant-proof, toddler-proof vehicles to start your child on his lifelong love of reading. And the go-to gift for everyone who wants to give baby the gift that’s always appreciated.

Except, what’s with those edges? Why, at first they seem so…durable. But after several weeks or months (maybe sooner) those edges seem to…separate. And then the reality that, hey, these are basically just cardboard—and what’s cardboard but several layers of paper smushed and glued together—hits you. Along with the reality that, gee, when the cardboard starts to get even the slightest bit wet, it starts to split apart and fray.

Brian had gotten a piece of the cardboard from the book’s corner in his mouth and could not get it out; nor could he swallow it. So he choked on it.

And just how does a board book get wet and begin to come apart in the first place? That would be because it’s in baby’s mouth—not because the bottle or sippy cup fell over.

For those of you who’ve never seen a baby, that’s what baby’s do. They put things in their mouths. Oh—you knew that—forgive me.

SO WHY DON’T THE COMPANIES THAT MAKE BABY BOARD BOOKS KNOW THAT?!?!?!

Brian is now 15. He’s taller than me and it’s hard to imagine that I used to hold him in my arms. What’s harder to imagine though is that still today—fifteen years after I first gained an awareness of the issue—a baby board book has been recalled for a choking hazard.

This time, the defective product is from a reputable company, Gund—and while it’s not due to the cardboard of the book itself, it’s due to the book bindings which use styrofoam as a fill, and one would assume to help attach the cute, little, colorful baby-eye-candy rattling handles on each book.

See, the styrofoam can detach—according to the Consumer Product Safety Commission (CPSC). And it can get in baby’s mouth. Really?

Gund has apparently received three reports of this happening—and thankfully, no injuries have been reported.

The books involved are:

“Animals” (item number 059174)

“Numbers” (item number 059175)

“Colors” (item number 059176)

They were also sold as a three-book set (item number 059173). The name “Gund” and the item number are located on the back of the books. The books measure 4½ inches by 7 inches and were sold in stores in the US and Canada between January 2009 and March 2010.

If you have these books, you can contact Gund for a free replacement. You can call 800-436-3726.

Though at this point, I’m not so sure I’d “Gotta Getta Gund”.

Pilots Fly the Friendly Skies

April 7th, 2010. By janem

Pilots on Prozac give a whole new meaning to “Flying the Friendly Skies”. Thankfully, Federal Aviation Administration officials have decided that pilots on antidepressants do not pose a safety hazard-and therefore do not contribute to plane crashes— as previously thought. As of April 5^th, about 10,000 pilots can come clean and disclose the fact that they are taking drugs to fight depression without recrimination.

I think this is the right policy. We know how easy it is to get meds online and I would feel much more reassured if pilots, or any professional person for that matter, were prescribed the right type and amount of medication by a health professional.

According to a Columbia University report from 2005, as many as 10 percent of Americans are taking an antidepressant. So it’s a reasonable inference that many professionals who could affect our well-being and even our lives-from doctors and dentists to firemen to paramedics and pilots-are included in this 10 percent. Why single out pilots? I’d rather have my life in the hands of a calm captain rather than a raving lunatic.

Critics of the new policy will likely point to the side effects of anti-depressants that CAN include hallucinations, insomnia, nausea, headache, diarrhea, anxiety, loss of coordination, dizziness, tremor and even suicidal thoughts. On the other hand, depression can be debilitating to the point of not being able to function. To the point of not being able to work. But the biggest risk from these meds was believed to be drowsiness. Now, the FAA says drowsiness is not an issue. But it is an issue, although not due to meds.

Recent news has made the public aware that pilot fatigue contributes to drowsiness but if the FAA is so concerned about pilots nodding off, why don’t they put a stop to flying more than 12 hours at a stretch? Perhaps pilot fatigue leads to depression. Wouldn’t you be depressed if you worked such long hours that you had to live in a trailer at LAX?

In the coming months, it will be interesting to see how many pilots will “come out”, and if a new policy adresses pilot fatigue.