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<channel>
	<title>San Jose Personal Injury Attorney Brett Burlison</title>
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	<link>http://burlisonlawoffice.com</link>
	<description>The San Jose Law Office of Brett A. Burlison: Issues, Commentary and Answers To Your Injury Law Questions</description>
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		<title>Oil Platform Explosion In Gulf</title>
		<link>http://burlisonlawoffice.com/workplace-injuries/oil-platform-explosion-in-gulf/</link>
		<comments>http://burlisonlawoffice.com/workplace-injuries/oil-platform-explosion-in-gulf/#comments</comments>
		<pubDate>Thu, 02 Sep 2010 16:20:06 +0000</pubDate>
		<dc:creator>brettb</dc:creator>
				<category><![CDATA[Workplace Injuries]]></category>

		<guid isPermaLink="false">http://burlisonlawoffice.com/?p=745</guid>
		<description><![CDATA[As reported by the San Jose Mercury News and others, an offshore oil rig has exploded in the Gulf of Mexico not far from the Deepwater Horizon explosion site of April.
It is unknown at this time the cause of the explosion, how many workers were on board or if there were any injuries or deaths [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>As reported by the <a rel="nofollow" href="http://www.mercurynews.com/breaking-news/ci_15972893?nclick_check=1">San Jose Mercury News</a> and others, an offshore oil rig has exploded in the Gulf of Mexico not far from the Deepwater Horizon explosion site of April.</p>
<div id="attachment_746" class="wp-caption alignright" style="width: 300px">
	<img class="size-full wp-image-746" title="San Jose Personal Injury Attorney On Gulf Of Mexico Rig Explosion" src="http://burlisonlawoffice.com/wp-content/uploads/2010/09/300px-Fixed_gulf_map.png" alt="Gulf of Mexico and major ports" width="300" height="245" />
	<p class="wp-caption-text">Gulf of Mexico and major ports</p>
</div>
<p>It is unknown at this time the cause of the explosion, how many workers were on board or if there were any injuries or deaths as a result of the accident.</p>
<p>According to the Coast Guard, the explosion was reported by a commercial helicopter at approximately 9:30 a.m. Rescue personnel and equipment are on route to the rig currently.  The accident reportedly took place 80 miles from Vermilion Bay near the Central Louisiana Coast.</p>
<p>The nature of the rig &#8211; drilling or production &#8211; has not yet been determined but first responders are prepared for potential injuries.</p>
<p>Update: it is now believed that at least one worker suffered injuries as a result of the workplace accident and explosion.</p>
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		<item>
		<title>Egg Farms &amp; Mice, Maggots, Manure</title>
		<link>http://burlisonlawoffice.com/defective-product-liability/egg-farms-mice-maggots-manure/</link>
		<comments>http://burlisonlawoffice.com/defective-product-liability/egg-farms-mice-maggots-manure/#comments</comments>
		<pubDate>Wed, 01 Sep 2010 04:34:28 +0000</pubDate>
		<dc:creator>brettb</dc:creator>
				<category><![CDATA[Defective Product Liability]]></category>

		<guid isPermaLink="false">http://burlisonlawoffice.com/?p=742</guid>
		<description><![CDATA[As reported by ProPublica and others, the FDA &#8211; who is responsible for the country&#8217;s food supply &#8211; actually rarely inspects farms.  And when they do, normally after a problem, what is found can be alarming.
The salmonella outbreak that has necessitated the recall of over half a billion eggs has also necessitated the need for [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>As reported by <a rel="nofollow" href="http://www.propublica.org/blog/item/fdas-findings-on-salmonella-linked-egg-farms-mice-maggots-manure">ProPublica</a> and others, the FDA &#8211; who is responsible for the country&#8217;s food supply &#8211; actually rarely inspects farms.  And when they do, normally after a problem, what is found can be alarming.</p>
<div id="attachment_743" class="wp-caption alignright" style="width: 170px">
	<img class="size-full wp-image-743" title="San Jose Personal Injury Attorney On Egg Recall" src="http://burlisonlawoffice.com/wp-content/uploads/2010/09/170px-White_Eggs_in_Carton.jpg" alt="Standard white eggs in a carton" width="170" height="254" />
	<p class="wp-caption-text">Standard white eggs in a carton</p>
</div>
<p>The salmonella outbreak that has necessitated the recall of over half a billion eggs has also necessitated the need for inspections at some of the nations largest egg farms.</p>
<p>And the inspection reports point to &#8220;excessive amounts of manure&#8221; as in 4 to 8 feet high in some areas, mice, an abundance of flies, and more live and dead maggots than could be counted.</p>
<p>And the report goes on to chronicle appealing conditions in hen-houses with several companies.  According to the CDC, over 1,400 people have suffered personal injury and illness as a result of this outbreak.</p>
<p>To make matter worse, according to ProPublica, both of the companies cited in the report and that are at the center of the salmonella outbreak are connected to Jack DeCoster.  Mr, DeCoster&#8217;s companies have had a history of environmental, labor, immigration and animal abuse problems according to local papers.</p>
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		<title>Personal Injury Victim Jumps To His Death</title>
		<link>http://burlisonlawoffice.com/slip-and-fall-accidents/personal-injury-victim-jumps-to-his-death/</link>
		<comments>http://burlisonlawoffice.com/slip-and-fall-accidents/personal-injury-victim-jumps-to-his-death/#comments</comments>
		<pubDate>Fri, 20 Aug 2010 14:34:48 +0000</pubDate>
		<dc:creator>brettb</dc:creator>
				<category><![CDATA[Slip and Fall Accidents]]></category>

		<guid isPermaLink="false">http://burlisonlawoffice.com/?p=740</guid>
		<description><![CDATA[As reported by the San Jose Mercury News, as concert goers watched The Swell Season a man jumped from the roof over the stage, did a flip or two in the air, and landed on the stage not far from the band&#8217;s singer causing his death.
The accident took place at the Mountain Winery Thursday night [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>As reported by the <a rel="nofollow" href="http://www.mercurynews.com/top-stories/ci_15836764?nclick_check=1">San Jose Mercury News</a>, as concert goers watched The Swell Season a man jumped from the roof over the stage, did a flip or two in the air, and landed on the stage not far from the band&#8217;s singer causing his death.</p>
<p>The accident took place at the Mountain Winery Thursday night at about 10 p.m.</p>
<p>The personal injury victim was treated immediately by paramedics and emergency personnel but eventually he was pronounced dead at the scene.</p>
<p>The accident was devastating for witnesses, to say the least.  And many attendees were left shaken and crying.  The Santa Clara County officials have not released the injury victim&#8217;s identity or other aspects of the accident.</p>
<p>County officials did confirm the incident, however, with the San Jose paper but would not release any other details.</p>
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		<title>FDA To Remove Orthostatic Hypotension Drug</title>
		<link>http://burlisonlawoffice.com/defective-product-liability/drug-device-manufacturers-investigated-over-payment/</link>
		<comments>http://burlisonlawoffice.com/defective-product-liability/drug-device-manufacturers-investigated-over-payment/#comments</comments>
		<pubDate>Wed, 18 Aug 2010 02:24:04 +0000</pubDate>
		<dc:creator>brettb</dc:creator>
				<category><![CDATA[Defective Product Liability]]></category>

		<guid isPermaLink="false">http://burlisonlawoffice.com/?p=735</guid>
		<description><![CDATA[The Wall Street Journal reports that the FDA has announced a proposal to remove Shire PLC&#8217;s low-blood pressure drug ProAmatine (midodrine hydrochloride) from the market.
The removal is based on findings in post-marketing studies on the drug&#8217;s effectiveness, which are required by law, have yet to be conducted by the manufacturer.
The drug was approved in accordance [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>The <a rel="nofollow" href="http://online.wsj.com/article/SB10001424052748704868604575433703888376436.html">Wall Street Journal</a> reports that the FDA has announced a proposal to remove Shire PLC&#8217;s low-blood pressure drug ProAmatine (midodrine hydrochloride) from the market.</p>
<div id="attachment_737" class="wp-caption alignright" style="width: 180px">
	<img class="size-full wp-image-737" title="San Jose Personal Injury Attorney On Orthostatic Hypotension Drug Removal From Market" src="http://burlisonlawoffice.com/wp-content/uploads/2010/08/180px-Shire.svg_.png" alt="Maker of ProAmatine" width="180" height="54" />
	<p class="wp-caption-text">Maker of ProAmatine</p>
</div>
<p>The removal is based on findings in post-marketing studies on the drug&#8217;s effectiveness, which are required by law, have yet to be conducted by the manufacturer.</p>
<p>The drug was approved in accordance with FDA&#8217;s accelerated approval program.  This program has its critics who claim that unsafe drugs are rushed to market.</p>
<p>And according to the Journal, this is the first time the agency is requesting a drug to be removed from the market because a company failed to conduct the follow-up studies that are required.</p>
<p>The reasoning behind the company&#8217;s failure to conduct the studies is unclear.</p>
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		<title>Workplace Injury Accident At Corralitos Nursery</title>
		<link>http://burlisonlawoffice.com/workplace-injuries/workplace-injury-accident-at-corralitos-nursery/</link>
		<comments>http://burlisonlawoffice.com/workplace-injuries/workplace-injury-accident-at-corralitos-nursery/#comments</comments>
		<pubDate>Tue, 17 Aug 2010 01:57:04 +0000</pubDate>
		<dc:creator>brettb</dc:creator>
				<category><![CDATA[Workplace Injuries]]></category>

		<guid isPermaLink="false">http://burlisonlawoffice.com/?p=733</guid>
		<description><![CDATA[As reported by the San Jose Mercury News, a nursery worker suffered a serious workplace injury Monday afternoon at a nursery in Corralitos.
According to the San Jose paper, the worker severed his arm to the point of near amputation while operating heavy equipment.  The injury victim was 65 years old and the exact cause of [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>As reported by the <a rel="nofollow" href="http://www.mercurynews.com/breaking-news/ci_15797103?nclick_check=1">San Jose Mercury News</a>, a nursery worker suffered a serious <a href="http://burlisonlawoffice.com/category/workplace-injuries/">workplace injury</a> Monday afternoon at a nursery in Corralitos.</p>
<p>According to the San Jose paper, the worker severed his arm to the point of near amputation while operating heavy equipment.  The injury victim was 65 years old and the exact cause of the accident is unclear at this time.</p>
<p>Paramedics were called to the scene and a medical helicopter was used to transport the injury victim to a nearby hospital.</p>
<p>Additional details regarding the accident are unavailable at this time.</p>
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		<title>BP Compensation Fund Linked To Drilling</title>
		<link>http://burlisonlawoffice.com/workplace-injuries/bp-compensation-fund-linked-to-drilling/</link>
		<comments>http://burlisonlawoffice.com/workplace-injuries/bp-compensation-fund-linked-to-drilling/#comments</comments>
		<pubDate>Thu, 12 Aug 2010 16:30:44 +0000</pubDate>
		<dc:creator>brettb</dc:creator>
				<category><![CDATA[Workplace Injuries]]></category>

		<guid isPermaLink="false">http://burlisonlawoffice.com/?p=729</guid>
		<description><![CDATA[As reported by the Huffington Post and others, what BP wants as much as anything is to be able to remain in the Gulf and continue its various drilling operations.
And it despite the company&#8217;s abysmal safety record it may have figured out just how to do that &#8211; by linking the fate of its $20 [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>As reported by the <a rel="nofollow" href="http://www.huffingtonpost.com/2010/08/11/bp-links-compensation-wit_n_679171.html">Huffington Post</a> and others, what BP wants as much as anything is to be able to remain in the Gulf and continue its various drilling operations.</p>
<div id="attachment_730" class="wp-caption alignright" style="width: 223px">
	<img class="size-full wp-image-730  " title="San Jose Personal Injury Attorney Discusses BP Compensation Fund Agreement" src="http://burlisonlawoffice.com/wp-content/uploads/2010/08/398px-Oil_containment_chamber_Port_Fourchon_LA_100426-G-8744K-021.jpg" alt="Oil containment chamber tried by BP but failed to stop the leak" width="223" height="335" />
	<p class="wp-caption-text">Oil containment chamber tried by BP but failed to stop the leak</p>
</div>
<p>And it despite the company&#8217;s abysmal safety record it may have figured out just how to do that &#8211; by linking the fate of its $20 billion oil spill victims compensation fund to the company&#8217;s continued ability to drill and pump oil from the Gulf of Mexico.</p>
<p>It&#8217;s worth noting again that BP when compared to other oil companies &#8211; Exxon, Chevron, others &#8211; BP has the worst safety record for <a href="http://burlisonlawoffice.com/category/workplace-injuries/">workplace injury</a> rule violations and fines from OSHA and other regulatory agencies.</p>
<p>We have written about this record on <a href="http://burlisonlawoffice.com/">San Jose Personal Injury Attorney</a> blog before &#8211; see <a href="http://burlisonlawoffice.com/workplace-injuries/safety-systems-not-active-when-deepwater-horizon-exploded/">here</a> and <a href="http://burlisonlawoffice.com/workplace-injuries/bp-cleanup-lacking-in-workplace-safety/">here</a> and <a href="http://burlisonlawoffice.com/workplace-injuries/warning-about-workplace-injury-and-safety-ignored-by-bp/">here</a> and <a href="http://burlisonlawoffice.com/workplace-injuries/video-depicting-damage-and-injury-from-bp-spill/">here</a>.</p>
<p>Here is how the company seems to have achieved the link: The trust agreement reached between BP and the Justice Department is not with the British-based multinational, which most people think of when they think of BP.  The agreement is not even with BP America &#8211; surprise surprise.</p>
<p>The agreement is with a subsidiary &#8211; BP Exploration &amp; Production Inc. (BPEC) &#8211; a Delaware corporation that operates BP&#8217;s Gulf oil leases.  That, is where the money is coming from.  So, if BP&#8217;s drilling revenues from the Gulf suddenly disappear, so might the funding for the compensation fund.</p>
<p>And you may be asking, why would BP set the agreement up this way to begin with?  Because, as many energy experts have pointed out, when the Deepwater Horizon exploded on April 20, injuring numerous workers, killing 11, and creating an entire region of injury victims &#8211; the biggest concern BP had was not being cut out of drilling and producing operations in the Gulf of Mexico.</p>
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		<title>Rig Workers Face High Risk Of Workplace Injuries</title>
		<link>http://burlisonlawoffice.com/workplace-injuries/rig-workers-face-high-risk-of-workplace-injuries/</link>
		<comments>http://burlisonlawoffice.com/workplace-injuries/rig-workers-face-high-risk-of-workplace-injuries/#comments</comments>
		<pubDate>Tue, 10 Aug 2010 19:42:13 +0000</pubDate>
		<dc:creator>brettb</dc:creator>
				<category><![CDATA[Workplace Injuries]]></category>

		<guid isPermaLink="false">http://burlisonlawoffice.com/?p=723</guid>
		<description><![CDATA[As reported by the Washington Post, some of the worst workplace environments and the highest risks of workplace injuries are experienced by oil rig workers in the Gulf of Mexico.
The Post points out that there are over 4,000 platforms and exploration rigs in the Gulf.  Danger and risk or injury is high for these workers [...]]]></description>
			<content:encoded><![CDATA[<p></p><div id="attachment_724" class="wp-caption alignright" style="width: 279px">
	<img class="size-full wp-image-724" title="San Jose Personal Injury Attorney Discusses Workplace Injury Safety And Rig Workers In Gulf" src="http://burlisonlawoffice.com/wp-content/uploads/2010/08/Deepwater_Horizon.jpg" alt="Deepwater_Horizon" width="279" height="235" />
	<p class="wp-caption-text">Oil rig in the Gulf</p>
</div>
<p>As reported by the <a rel="nofollow" href="http://www.washingtonpost.com/wp-dyn/content/article/2010/08/09/AR2010080904083.html?hpid=topnews">Washington Post</a>, some of the worst workplace environments and the highest risks of <a href="http://burlisonlawoffice.com/category/workplace-injuries/">workplace injuries</a> are experienced by oil rig workers in the Gulf of Mexico.</p>
<p>The Post points out that there are over 4,000 platforms and exploration rigs in the Gulf.  Danger and risk or injury is high for these workers as they face some of the most arduous and difficult working conditions imaginable.</p>
<p>As evidenced in the numerous accident and injury reports complied by state and federal agencies that monitor workplace injuries, these conditions influence and impact the number of accidents and injuries as well as deaths that take place in the Gulf on these rigs.</p>
<p>The article makes clear that despite federal rig inspectors warning of safety issues and problems that will persist due to the working environment and minimal training of some of the workers, little has changed.</p>
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		<title>Personal Injury Accident On 101 In San Jose</title>
		<link>http://burlisonlawoffice.com/san-jose-car-accidents/personal-injury-accident-on-101-in-san-jose/</link>
		<comments>http://burlisonlawoffice.com/san-jose-car-accidents/personal-injury-accident-on-101-in-san-jose/#comments</comments>
		<pubDate>Sat, 07 Aug 2010 18:40:53 +0000</pubDate>
		<dc:creator>brettb</dc:creator>
				<category><![CDATA[Car Accidents]]></category>

		<guid isPermaLink="false">http://burlisonlawoffice.com/?p=721</guid>
		<description><![CDATA[As reported by the San Jose Mercury News, a serious personal injury accident involving a rollover on southbound Highway 101 in San Jose took place early this morning.
The accident took place at about 4:40 a.m. this morning, according to the California Highway Patrol (CHP).  At least one person was seriously injured and traffic was blocked [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>As reported by the <a rel="nofollow" href="http://www.mercurynews.com/breaking-news/ci_15704245?nclick_check=1">San Jose Mercury News</a>, a serious <a href="http://burlisonlawoffice.com/category/san-jose-car-accidents/">personal injury accident</a> involving a rollover on southbound Highway 101 in San Jose took place early this morning.</p>
<p>The accident took place at about 4:40 a.m. this morning, according to the California Highway Patrol (CHP).  At least one person was seriously injured and traffic was blocked in two southbound lanes.</p>
<p>The accident is still under investigation by CHP; a number of variables regarding the accident are still unclear.  For instance, if another vehicle was involved or if anyone else suffered serious injuries.</p>
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		<title>Toyota Knew About Sudden Acceleration In 2003</title>
		<link>http://burlisonlawoffice.com/toyota-recall-problems/toyota-knew-about-sudden-acceleration-in-2003/</link>
		<comments>http://burlisonlawoffice.com/toyota-recall-problems/toyota-knew-about-sudden-acceleration-in-2003/#comments</comments>
		<pubDate>Tue, 03 Aug 2010 21:56:02 +0000</pubDate>
		<dc:creator>brettb</dc:creator>
				<category><![CDATA[Toyota Recall Problems]]></category>

		<guid isPermaLink="false">http://burlisonlawoffice.com/?p=718</guid>
		<description><![CDATA[As reported by the Washington Post, attorneys leading the class-action lawsuit against Toyota Motors Toyota was aware of the potential for the sudden acceleration issues with some of the company&#8217;s vehicles as early as 2003.
And the attorneys involved in the class action against Toyota have indicated that they have documentation to support this claim.
According to [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>As reported by the <a rel="nofollow" href="http://www.washingtonpost.com/wp-dyn/content/article/2010/08/02/AR2010080205042.html">Washington Post</a>, attorneys leading the class-action lawsuit against Toyota Motors Toyota was aware of the potential for the <a href="http://burlisonlawoffice.com/category/toyota-recall-problems/">sudden acceleration issues</a> with some of the company&#8217;s vehicles as early as 2003.</p>
<div id="attachment_719" class="wp-caption alignright" style="width: 336px">
	<img class="size-full wp-image-719  " title="San Jose Personal Injury Attorney Comments On Toyota Knowledge About Sudden Acceleration In 2003" src="http://burlisonlawoffice.com/wp-content/uploads/2010/08/800px-Toyotamotorsalesusa.jpg" alt="Toyota Headquarters in California" width="336" height="234" />
	<p class="wp-caption-text">Toyota Headquarters in California</p>
</div>
<p>And the attorneys involved in the class action against Toyota have indicated that they have documentation to support this claim.</p>
<p>According to a report, a technician for Toyota discovered the problem and wrote the issue was an &#8220;extremely dangerous problem,&#8221; stating &#8220;we are also much afraid of frequency of this problem in near future.&#8221;</p>
<p>If this report and the attorneys&#8217; allegations turn out to be accurate Toyota face an additional PR nightmare as well as added <a href="http://burlisonlawoffice.com/toyota-recall-problems/toyota-lawsuits-consolodated-in-california-court/">liability for this problem</a>.</p>
<p>Toyota has thus far recalled millions of vehicles this year alone for unintended acceleration.  And this sudden or unintentional acceleration has caused <a href="http://burlisonlawoffice.com/category/san-jose-brain-injuries/">serious injuries</a> and the <a href="http://burlisonlawoffice.com/category/wrongful-death-claims/">deaths</a> of numerous Toyota consumers.</p>
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		<title>San Jose Man Arrested In Personal Injury Hit &amp; Run Accident</title>
		<link>http://burlisonlawoffice.com/san-jose-car-accidents/san-jose-man-arrested-in-personal-injury-hit-run-accident/</link>
		<comments>http://burlisonlawoffice.com/san-jose-car-accidents/san-jose-man-arrested-in-personal-injury-hit-run-accident/#comments</comments>
		<pubDate>Mon, 02 Aug 2010 22:00:37 +0000</pubDate>
		<dc:creator>brettb</dc:creator>
				<category><![CDATA[Car Accidents]]></category>

		<guid isPermaLink="false">http://burlisonlawoffice.com/?p=715</guid>
		<description><![CDATA[Friday afternoon two pedestrians were struck and one fatally injured in a personal injury accident on Barnard Avenue near South First street in San Jose.  The vehicle that struck the two was reportedly a van but the driver fled the scene.
But as reported by the San Jose Mercury News, due to the help of witnesses [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>Friday afternoon two pedestrians were struck and one fatally injured in a <a href="http://burlisonlawoffice.com/category/san-jose-car-accidents/">personal injury accident</a> on Barnard Avenue near South First street in San Jose.  The vehicle that struck the two was reportedly a van but the driver fled the scene.</p>
<p>But as reported by the <a rel="nofollow" href="http://www.mercurynews.com/ci_15659382?source=most_viewed">San Jose Mercury News</a>, due to the help of witnesses at the scene of the accident, the man suspected of driving the vehicle involved in the accident was arrested and has been charged with homicide and attempted homicide, according to the San Jose Police.</p>
<p>According to the San Jose paper, the driver of the van was a homeless individual and the van was a 1974 Ford that was stolen.  Originally the man was apprehended at a nearby hotel and booked on suspicion of felony DUI, operating a stolen vehicle, and driving with a suspended licnese.</p>
<p>The injury victims included a 44 year old gentleman from Montainview who was treated at a San Jose hospital for his injuries.  The other injury victim, was a 43 year old male from San Jose who the Santa Clara County coroner&#8217;s office has identified.</p>
<p>According to the San Jose paper, the accident is still being investigated.</p>
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