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South Dakota 62 articles

Next St. Louis talc-ovarian cancer trial to start in June

It’s been just over two weeks since the conclusion of the last trial in St. Louis against Johnson and Johnson over the ovarian cancer risk connected to its talc-containing products. In that trial the Missouri jury found the company and its talc provider, Imerys, to be responsible for the development of plaintiff Lois Slemp’s ovarian tumors. She had used Johnson and Johnson products such as Johnson’s Baby Powder and Shower to Shower for feminine hygiene for four decades prior to being diagnosed with cancer in 2012. Slemp’s was the fifth bellwether trial to be held in the state, where thousands ... Read More

Soybean Plant Explosion kills worker

The family of a man killed in a soybean plant explosion has filed a wrongful death lawsuit alleging the company’s negligence led to the man’s death. The Argus Leader reported that Randy Lee Satter, a 39-year-old employee of CCM Welding Repair and Fabrication of Minneota, Minnesota, had been sent to the South Dakota Soybean Processors plant in Volga to install a catwalk on an industrial tank. According to the lawsuit, Satter was allowed to “drill, cut, grind and weld in the location and during the construction of the catwalk” under a “hot work permit” given to him when he arrived at the ... Read More

Frozen Burritos Recalled Over Listeria Concerns

A New Mexico company that makes frozen burritos announced a recall May 13 of about 253,000 pounds of frozen, ready-to-eat meat and chicken burritos out of concerns that the products may have been contaminated with Listeria monocytogenes, a bacterium that can cause serious and sometimes fatal foodborne illness. Green Chile Concepts LLC of Las Cruces, New Mexico, said the burritos included in the recall are sold under the brand name Green Chile Food Company and are available frozen, refrigerated, and hot in certain convenience stores, vending machines, and other retail locations nationwide. All of the burritos are ready-to-eat and packaged ... Read More

Side Underride Crashes Kill 200-Plus Motorists Per Year, No Solution In Sight

Side underride crashes aren’t just among the most common types of crashes involving tractor-trailers and passenger vehicles; they’re one of the most gruesome. These crashes occur when a car or other type of vehicle slams into the side of a tractor trailer and crashes underneath the vehicle, usually after having its top sheared off by the high clearance between the bottom of the trailer and the road. Victims of side underride crashes are often decapitated. Government data shows that more than 200 people are killed every year in side underride crashes with tractor trailers, which could largely be prevented with ... Read More

Magellan Pipeline Spill Releases 38,000 gallons of diesel in North-Central Iowa

Federal investigators joined Iowa authorities to investigate an underground pipeline breach that released 138,000 gallons of diesel fuel in a farm field and surrounding land in north-central Iowa Jan. 25. The pipeline is owned by Magellan Midstream Partners, a subsidiary of Magellan Pipeline Company, which has been fined several times over the last few years for numerous oil spills, most of which have occurred in the Midwest. “It’s a big one. It’s significant,” Jeff Vansteenburg of the Iowa Department of Natural Resources told the Des Moines Register. According to a safety plan Magellan submitted to the U.S. Department of Transportation, the 2-inch ... Read More

Hy-Vee Recalls Candy Trays Over Potentially Contaminated Chocolate Products

The Hy-Vee chain of Midwestern grocery stores is recalling several candy trays it produced under the Hy-Vee brand using chocolate supplied by the Palmer Candy Company, which was recalled earlier in the week due to potential Salmonella contamination. The Hy-Vee recall, announced by the U.S. Food and Drug Administration (FDA) and the company Jan. 12, stems from the use of milk powder produced by Valley Milk Products LLC. The potentially contaminated powdered milk was used by Palmer as an ingredient in a compound chocolate coating for its candy products, which it supplied to grocery, convenience store, and wholesalers nationwide for ... Read More

New child restraint law takes effect in California

The new year means a new child restraint law takes effect in California with the goal of making children younger than age 2 safer when traveling the state’s roadways. An update to California law effective Jan. 1, 2017, now requires children younger than 2 to be in rear-facing car seats unless the child weighs 40-plus pounds or is more than 40 inches tall. Three states, including Pennsylvania, New Jersey and Oklahoma, have similar requirements to align with recommendations from the American Academy of Pediatrics (AAP). The AAP revised its recommendations in 2011 from keeping children younger than 1 year old or ... Read More

“It’s not the location that makes a venue difficult for corporations like J&J, it’s the facts.”

In a recent press release, Plaintiffs’ attorneys in the talc cases against Johnson and Johnson come forward to speak on behalf of Missouri courts, which are being portrayed by some media as “judicial hellholes.” These attorneys who represent women whose ovarian cancer has been linked to perineal use of Johnson’s talc-containing products, claim that this information is coming straight from corporate-funded defense lawyers and organizations and is “misguided and insulting to juries.” “These attacks on the civil justice system are trumpeted each year by organizations that are bought and paid for by corporate interests,” said Allen Smith of Mississippi-based The ... Read More

Burning Death of Pipefitter Leads to Safety Fines For Refinery, Welding Contractor

Federal safety regulators said critical safety violations led to the gruesome death of a 38-year-old pipefitter in South Dakota who suffered fatal burn injuries after ethanol spilled from a process pipe he was working on and became ignited by flames from nearby welding operations. The Occupational Safety and Health Administration (OSHA) said it cited two companies for safety violations following the worker’s death after an investigation turned up multiple violations. Bilfinger-Westcon, the worker’s employer and project construction contractor, faces $62,355 in penalties for five serious violations. Refinery owner and operator Sioux River Ethanol LLC, operating as Poet Biorefining-Hudson, faces $37,413 ... Read More

If there is confusion about talc, who’s to blame?

Johnson & Johnson’s attorneys recently asserted that the plaintiffs’ lawyers “have deliberately created confusion about the science of talc at trial.” Jere L. Beasley, principal and founder of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., whose trial team represented two plaintiffs in recent trials linking talcum powder to ovarian cancer, issued a statement refuting J&J’s claim, and, in fact, saying just the opposite is true. “It is the height of irony that Johnson & Johnson would claim that our trial team are the ones trying to create confusion surrounding the scientific evidence linking use of talcum powder for feminine hygiene to ovarian ... Read More