Blog Written by Attorney Gary K. Shipman

On Monday, the president of the North Carolina Conference of District Attorneys called for a moratorium on the execution of anyone on North Carolina’s death row whose cases include evidence from the SBI crime lab.  There is little doubt that the Governor of North Carolina should heed this call, and shut down the prospect of bringing further shame over any aspect of the criminal justice system in North Carolina that relied upon blood evidence from the now tainted SBI lab.

A recent audit disclosed what was an apparent routine practice of manipulating test results, or worse, withholding evidence that may have proven beneficial to a defendant at trial.  We now know that some innocent people were likely convicted and that accordingly, crime victims must face the prospect of a new trial or the realization that those that are truly guilty have not been held accountable.  When the embarrassment of a broken SBI lab are coupled with statistics that show racial disparities in jury selection and sentencing in death penalty cases, there can be little effective debate about the notion that no one should face the ultimate criminal penalty (death) until more credibility can be brought to the process of finding the truth.

While it is necessary to halt further executions while all of this is investigated, it is likewise necessary to insure that all those involved in the obstruction of justice in the SBI likewise be held accountable.  It is so vitally important that a strong message be sent that the search for justice cannot be manufactured or manipulated, and that all those who would seek to stray from that notion must be punished

Blog Written by Attorney Jean S. Martin

This year’s recall list for manufacturer Johnson & Johnson just continues to grow.  DePuy Orthopaedics, a division of the corporate conglomerate Johnson & Johnson, has issued a voluntary recall of its ASR XL Acetabular System, a total hip replacement system, and DePuy ASR Hip Resurfacing System, a partial hip replacement system.  The international recall notice states that these hip replacement products will wear out in five years or less, requiring patients to endure another hip replacement surgery.  Patients with these hip implant devices have reported pain and swelling in the hip.  X-rays and MRI scans have shown that the product has slipped out of the bone socket and, in some cases, had chipped or broken.  Patients reporting the most problems are females and those with ASR heads measuring below 50mm in diameter.  Patients should be contacted to return to their doctors for a clinical examination, blood tests and an MRI to determine positioning and function of the joint replacement.

This latest recall joins an ever-growing list of bad publicity for Johnson & Johnson this year.  Johnson & Johnson’s consumer unit has been plagued by recalls of Tylenol, Motrin and other over the counter medications this year.  A week before this latest announcement, Johnson & Johnson’s Vision Care recalled over 100,000 boxes of Acuvue TruEye contact lenses in Asia and Europe.  While the previous recalls seem to have been related to manufacturing issues, the recall of these hip replacement products seem to be a defect in design. Since December, the company had been phasing out this product, but not before more than 90,000 of them have been implanted in patient worldwide.

Blog Written by Attorney Jean S. Martin

Last Monday, August 23, 2010, a jury found defendants Davol, Inc. and C.R.Bard, Inc. liable for injuries suffered as a result of the negligent design of their Kugel Mesh hernia repair patch and the failure to warn of the dangers associated with the patch.  This was the second trial in the consolidated litigation regarding the Kugel Mesh hernia repair patches in federal court in Rhode Island.  In the first trial earlier this summer, a jury found that the defendants were negligent in the design of these mesh patches, but did not believe that the plaintiff’s injuries were the result of the defendants’ negligence.

In this recent case, the husband suffered significant injuries after a Kugel Mesh patch was implanted during hernia repair surgery.  The patch implanted contained two memory recoil rings, both of which broke and caused significant internal injuries. The jury awarded the couple a total of $1.5 million to compensate for the injuries sustained, as well as their pain and suffering and loss of consortium.  This latest case involved a North Carolina couple and applied North Carolina law.  Shipman & Wright, LLP served as a legal consultant to the trial team, advising on various areas of North Carolina trial procedure and law.

The Kugel Mesh hernia repair patch was first recalled in 2005.  The recall notice advised of failure and breakage of an internal coil ring that could lead to bowel perforations, bowel adhesions, abdominal pain, fever, and tenderness at the implant site or other unusual symptoms.  The recall has been expanded twice to include additional shapes, sizes and production lots of the Kugel Mesh Patch.  During the consolidated litigation, it has come to light that other patches made by Davol and Bard that did not contain internal coil rings also have failed, causing significant injuries.  The statute of limitations may not yet be a bar to claims as some claims may not accrue until a person has been injured by a defective medical device and is aware of his or her potential claims against the manufacturer.

As the recalls grow across the country, so have the lawsuits against Wright County Egg of Galt, Iowa who are one of the two companies (the other, Hillandale Farms) involved in the scare.  Currently, there are at least 24 families with lawsuits against Wright County.  The FDA is still searching for the cause of the outbreak of Salmonella that has affected more than 1,300 consumers so far. 

But this isn’t the first time Wright County Egg has gotten into trouble.  Dating as far back as 1994, Jack DeCoster, owner of Wright County Egg and Quality Egg has faced fines in the millions for various violations such as unsanitary conditions, “sweatshop like” environment, improper disposal of waste, sexual harassment cases in the workplace, illegal immigration, animal cruelty and the list goes on. 

Chief of the food and Drug Administration, Margaret Hamburg, is calling for congress to pass legislation that would allow the FDA more power to regulate these industries and hopefully move into more of a preventative role rather than a reactive role.  How do you feel about the recent recall and the tattered record of Wright County Egg.  Could this have been avoided with tougher legislation?  For more information about egg safety, please visit: http://www.eggsafety.org/

http://www.wect.com/Global/story.asp?S=13028821

http://www.prnewswire.com/news-releases/statement-of-egg-safety-center-on-egg-recall-by-wright-county-egg-100665494.html

As an office that employs quite a few proud Seahawk Alumni and with Gary Shipman as a new member of the Board of Trustees at the College, we would like to recognize UNCW for its latest accomplishment.  The University of North Carolina at Wilmington has been awarded 17^th on Forbes Magazine’s 2010 list of “America’s Best College Buys.”  Landing in the top 20 for the most affordable yet high quality education program out of all colleges in the United States is a huge accomplishment for UNCW. 

UNCW is proud to be among the colleges in the nation that have battled through the rough economy to keep costs from skyrocketing for students while, at the same time, staying true to excellence in their academic program.  This can be seen as a huge tribute to the UNCW faculty and staff, ranking above many colleges in their athletic conference and bordering states such as James Madison University, Georgia Tech, University of Georgia, William and Mary, George Mason, College of Charleston and Virginia Tech to name a few. 

Go Seahawks!

Jack Viorel, owner of Indo Jax Surf School and husband of Shipman and Wright Attorney Aileen Viorel, has given his time and expertise in efforts to keep the Wahine East Coast Surfing Competition alive this year.  This competition brings girls of all ages together to enjoy the sport and it means a lot to the local and visiting competitors alike.  This is Viorel’s first year as co-director of the competition and he is excited to bring it to another level in the years to come. 

On top of his efforts for the Wahine Surfing Competition, Viorel is also founder of Ocean Cure which provides surfing camps to kids affected with Autism, HIV and Cerebral Palsy as well as the Wounded Warriors and other groups that work with the medically challenged.  You can support this wonderful cause by visiting Indo Jax website and donating to Ocean Cure which is a 501(c)(3) non-profit dedicated to providing surf camps to medically fragile and at-risk youth.  

http://www.starnewsonline.com/article/20100815/ARTICLES/100819730/1177?Title=Jack-Viorel-works-to-keep-East-Coast-Wahine-competition-afloat

Blog Written by Attorney Jean S. Martin

A recent study in the American Journal of Obstetrics and Gynecology suggests that women who take Wellbutrin during the early stages of pregnancy have a greater risk of their child being born with a heart defect.  This study evaluated the effects on a fetus when the mother took Wellbutrin in the first three months of her pregnancy.  The results showed a positive correlation between the Wellbutrin use by the mother and left outflow heart defects in the child. Left outflow defects affect the flow of blood from the heart’s left chamber into the rest of the body and typically require surgical repair when occurring in children. The increased risk was small, but alarming enough that the authors called for more studies to be conducted to confirm the findings.

Wellbutrin is a popular antidepressant drug manufactured by GlaxoSmithKline.  Wellbutrin has been on the market since 1985 and also comes in sustained-release and extended-release versions known as Wellbutrin SR and Wellbutrin XL.  The generic name for this drug used to treat clinical depression and seasonal affective disorder is Bupropion hydrochloride.  Wellbutrin is sometimes prescribed to help people quit smoking.  GlaxoSmithKline markets Bupropion hydrochloride under the name of Zyban for smoking-cessation.

Currently, Wellbutrin is classified as a Pregnancy Category C drug.  This classification is used when animal reproduction studies have shown that the drug has an adverse effect on the fetus, but there are either no adequate or well-controlled studies that have been conducted in humans.

This study is just the latest to find an association between antidepressant use in pregnancy and congenital heart defects.  Last year a Danish study reported an increased risk in heart defects when mothers used antidepressants such as Paxil, Prozac, Zoloft or Celexa during the early stages of pregnancy.  GlaxoSmithKline, which also manufacturers Paxil, has reportedly entered into settlements in cases involving birth defects linked to Paxil use and has set aside over $1billion to cover these claims.

Blog Written by Attorney Hugh Currin

I wish I had a nickel for every client who told me that they didn’t need a will because they didn’t have anything; and, a quarter for every estate I have handled that involved intestacy and everyone involved agreeing that this is not what he or she would have wished for their property…I would be a rich man.

A will can be very straight forward or extremely complicated depending on your personal situation and what your wishes are after you pass.  Do you have a spouse, does he or she have a substantial estate of their own, do you intend to inherit value, do you have children, are they minors, who will look after them if something happens to the both of you, do you have a disabled beneficiary, do you have a spendthrift beneficiary, do you and your spouse have children by a prior marriage, have you made a will and had a child born since you signed it, do you have heirlooms that you want to preserve,(or collectables), do you own land, bank accounts, automobiles, do you have debt that needs to be addressed.

These are just a few of many questions that need to be addressed in planning for your passage.  I know it’s not pleasant to consider, but what makes us different than the animals is that we know life is limited and the day will come, so to speak.  Our advice is to confront those issues now and get everything in place as you wish it to be so there are no worries when that day comes. 

We usually address four important things with each of our clients at our first meeting. 

1) Your Will: this is the main document that will direct how you want your assets handled at the time of your passing.  

2) Your Living Will: this document directs your wish for a natural death with certain contingencies that you choose.  I call this document your gift to your family.   I call it this because if the time were to come that they must make a difficult decision, you have relieved them of that burden.

3) Your Durable Power of Attorney: this piece of the puzzle is important because it allows you to designate a certain person to handle your affairs if you are unable to do so.  I remind my clients that this could be one of the most important documents to consider.  I say this because as soon as you need one, it is generally too late to prepare in that you are unable to sign it.  The result could be a costly guardianship proceeding before the Court, amongst numerous other issues. 

4) Your Health Care Power of Attorney: It is here wherein you designate someone to look after your health care decisions and business if you are unable to do so yourself.  Many of our health care providers and insurance providers now want a document designated specifically as a health care power of attorney rather than the general power of attorney. 

Another important aspect of your estate planning not mentioned above may involve the establishment of a trust to accomplish specific things such as protecting your assets from  a beneficiary such has preserving your assets for another generation, preserving and allowing investment of assets for the benefit of minor children, using your assets to help look after a love one and then passing on what is not used to your beneficiaries, gifts to charity after the trust has cared for a beneficiary, etc.

We know the task of creating your will can be uncomfortable and intimidating process but the benefits of preparing far outweigh the costs of waiting.  Please contact our office if you need help planning for your future, we are ready to help you prepare. 

Blog Written by Attorney Jean S. Martin

KFC and its parent company Yum! Brands, Inc. recently received bad news that four lawsuits against them would go forward.  This news is the latest setback stemming from a free meal promotion turned publicity nightmare aided, at least in part, by Oprah Winfrey.  In case you weren’t watching, back in May 2009, KFC introduced its Kentucky Grilled Chicken as a healthier alternative to its signature fried chicken.  Some bright marketing soul, who is probably long gone from KFC, decided that the best seal of approval would come from the queen of daytime talk shows  herself.  I mean, if she can do it for books, why not add KFC grilled chicken to the list of her favorite things. 

So they did just that and Oprah announced on her show that KFC was offering coupons for a free meal to promote its then-new grilled chicken and explained to viewers how to download the coupons from the internet, on either a KFC site or Oprah’s site.  Even though KFC printed more than 10 million coupons, the on-air announcement by Oprah, coming in the midst of an economic crisis in this country, stirred such an overwhelming response that KFC simply was woefully unprepared to handle.  Everyone loves a free meal, and in the face of economic turmoil, the coupon promotion could not have come at a better time for consumers and a worse time for KFC.

KFC has planned to run the free grilled chicken meal promotion for two weeks.  Instead, the promotion was shut down after two days because demand far surpassed supply.  KFC issued millions of rain checks to customers it was unable to serve during the promotion period, but the rain checks were not identical to the original coupon and required additional terms.  The refusal to honor valid coupons has subjected KFC to claims that of breach of contract, fraud and violations of state unfair trade practice laws.

Allegedly, 5.7 million people with valid coupons were denied free meals.  Since the meal offered in the coupon retails for $3.99, the resulting class action against the companies is worth more than $22 million.  KFC and Yum! Brands, Inc. had fought to dismiss these consumer claims, but a federal judge in Chicago recently ruled that the plaintiffs had set forth a “plausible claim” and is allowing the lawsuits to move forward.  In his ruling, the judge contends that KFC’s choice to have Oprah tout the promotion on her highly-rated and widely-watched show should have made the company aware of the demand it would face. As such, the finger lickin’ nightmare continues for KFC.  Stay tuned here, now that Oprah is leaving her show, for updates on whether KFC gets grilled, fried, fricasseed or freed on this one.

We would like to congratulate Gary K. Shipman for his recent honor of being recognized in the 2011 Edition of The Best Lawyers in America in the following areas of practice:  Medical Malpractice Law, Mass Tort Litigation and Personal Injury Litigation.  This designation is such an honor as it is decided upon by over 3.1 million confidential evaluations by some of the most prominent lawyers in the country and is noted as one of the most respected achievements in the field.  Again, congratulations to Gary K. Shipman of Shipman and Wright, LLP!

For More Information:  http://www.bestlawyers.com/