News Update: Declaratory Judgment Action Brought against Duke Energy In 2012, Duke Energy became the largest electric utility in the country. With great power comes great responsibility. Duke Energy has a responsibility to deal with the issues that have come to light with coal ash. The 2014 Dan River spill turned a sharp spotlight on those issues. There…
Class Actions & Consumer Rights, Coal Ash, Community, In the News, North Carolina Water Quality News, Water Pollution
PRESS RELEASE: PETITION TO INTERVENE FILED BY DUKE’s RATE PAYORS WHO LIVE NEAR DUKE ENERGY’S COAL ASH IMPOUNDMENTS
PRESS RELEASE PETITION TO INTERVENE FILED BY DUKE’s RATE PAYORS WHO LIVE NEAR DUKE ENERGY’S COAL ASH IMPOUNDMENTS August 23, 2017 – Amy Brown of Belmont and Deborah Graham of Salisbury, along with others in their neighborhoods near Duke power plants, filed a petition to intervene in the rate hike application that Duke Energy Carolinas LLC has given notice that…
Class Actions & Consumer Rights, Coal Ash, Community, In the News, North Carolina Water Quality News, Water Pollution
PRESS RELEASE CLASS ACTION AGAINST DUKE ENERGY BROUGHT BY NORTH CAROLINA PLANT NEIGHBORS August 23, 2017 – Amy Brown of Belmont and Deborah Graham of Salisbury, along with representatives of other neighborhoods near Duke power plants, filed a class action lawsuit today in Raleigh. The lawsuit seeks injunctive relief and damages against Duke Energy Carolinas, LLC and Duke Energy Progress,…
If you are around kids, chances are that over the last few months you have seen or heard of Fidget Spinners. These toys began showing up in stores late in 2016 and can be purchased in almost every retail location you can imagine from high-end toy stores to the corner gas station and grocery store checkout lines. These products are…
On Monday, August 21, 2017, a total solar eclipse will occur and for the first time in over 99 years, the event will be visible to almost every state in the United States. Many people have been planning for this event for years. Others have only recently developed an interest in the awe-inspiring event.
As people across the country prepare for what has been dubbed the Great American Eclipse one of the most discussed issues is how to view the event, and the need to have special solar eclipse glasses to protect your eyes from the damage that can be caused by looking directly at the sun.
Experts, including NASA and the American Astronomical Society (AAS), have been warning consumers that many of the solar eclipse glasses that are available on the market are unsafe. They want to make sure that everyone that plans to view the Solar Eclipse protects their eyes.
To ensure that consumers deal with reputable retailers and vendors when buying solar eclipse glasses, NASA and the American Astrological Society (AAS) have put together a list of Reputable Vendors of Solar Filters & Viewers. This list was created by the members of the AAS and is based on members past experiences with each vendor.
The AAS’ reputable vendors of solar filters and viewers list:
• American Paper Optics (Eclipse) / EclipseGlasses.com / 3dglassesonline.com
• APM Telescopes (Sunfilter Glasses)
• Baader Planetarium (AstroSolar Silver/Gold Film)
• Celestron (EclipSmart Glasses & Viewers)
• DayStar (Solar Glasses)
• Welding filters with shade 12 or higher
• Explore Scientific (Solar Eclipse Sun Catcher Glasses)
• Lunt Solar Systems (SUNsafe SUNglasses)
• Meade Instruments (EclipseView Glasses & Viewers)
• Rainbow Symphony (Eclipse Shades)
• Seymour Solar (Helios Glasses)
• Thousand Oaks Optical (Silver-Black Polymer & SolarLite)
• TSE 17 (Solar Filter Foil)
Over the weekend web retailer, Amazon.com issued a warning to customers and began offering refunds to consumers that purchased Solar Eclipse Glasses sold via Amazon by some third-party vendors that have the potential of being unsafe. Amazon has been reaching out to customers that may have purchased the potentially unsafe glasses.
In a statement, Amazon said, “Safety is among our highest priorities. Out of an abundance of caution, we have proactively reached out to customers and provided refunds for eclipse glasses that may not comply with industry standards.” The statement also explained that Amazon was making the recall and refund announcement because they “want customers to buy with confidence anytime they make a purchase on Amazon.com and eclipse glasses sold on Amazon.com are required to comply with the relevant ISO standard.”
So if you bought your solar eclipse glasses via Amazon.com check the retailer’s website for more information. If you purchased your solar eclipse glasses from another retailer, make sure that they meet the ISO standard.
For other information about the Great American Eclipse, including information about safe viewing, the science of an eclipse, and a map showing the phases and path of the eclipse, visit the website: www.greatamericaneclipse.com
For more information about the Solar Eclipse Glasses recalled by Amazon, click here.
For more information about the Eclipse and how you can view it safely, NASA has created a website full of Eclipse Watching Information and Safety Tips to visit the NASA Eclipse 2017 website, click here.
For resources about the Great American Eclipse from the American Astrological Society, click here…
Coverage of the Amazon Recall, Fake Solar Eclipse Glasses Are Being Sold Online. Here’s How to Avoid Scams, from Melisssa Chan, can be viewed online from TIME.COM
Everyone at Wallace & Graham, want you to enjoy the Great American Eclipse and make sure that you protect your eyes!
Penumbra Inc. 3D Revascularization Device has been Recalled Due after discovery that the Wire Material May Break or Separate during Use, Leaving Pieces in the Patient Brain Bloodstream
The Penumbra Inc. 3D Revascularization Device is intended to restore blood flow or remove thrombus (blood clot) within a blood vessel in the brain.
According to the FDA Recall, physicians that are using the devices impacted by the recall should immediately STOP using the device, as it puts patients at risk for serious adverse health consequences such as continued blockage of blood vessels, completion of the stroke, and death.
The FDA Recall explains that the Penumbra Inc. 3D Revascularization Device is the subject of a Class I, FDA Recall, the most serious type of recall issued by the agency, due to the failure of a delivery wire that is inserted into the brain to restore or remove a blood clot that may break while in use. Specifically, the FDA identified that there is a risk of the delivery wire breaking or separating, which could leave fractured pieces of the delivery wire inside the patient’s brain bloodstream. If this occurs or if attempts are made to retrieve the fractured pieces, the patient’s condition can get worse and can cause other serious adverse health consequences such as continued blockage of blood vessels, completion of the stroke, and death.
The information for the recalled Penumbra 3D Revascularization Device is listed below, it is estimated to include 155 of the Penumbra 3D Revascularization Devices nationwide. The FDA initiated the recall on June 8, 2017.
The following day, June 9, 2017, the manufacture of the device, Penumbra Inc., sent an Urgent Voluntary Removal notice to all affected customers whose medical facilities utilize the Penumbra 3D Revascularization Device.
If you think that you or someone in your family has been suffered serious adverse health consequences or died after a medical procedure involving a Penumbra 3D Revascularization Device, please contact our offices to discuss your claims.
Recalled Product Information
• Penumbra 3D Revascularization Device
• Lot Numbers: C00644, C00645, C00646, C00717
• Distribution Dates: May 15, 2017 to June 7, 2017
• Manufacturing Dates: March 31, 2017 to April 28, 2017
• Devices Recalled in the U.S.: 155 nationwide
To read the FDA Recall related to this product click here, https://www.fda.gov/MedicalDevices/Safety/ListofRecalls/ucm567913.htm
Update: Ethanol Spill and Evacuation — Tanker Spills Ethanol – impact of spill on local residents and the environment is still unknown
Tanker Spills Ethanol – impact of spill on local residents and the environment is still unknown
Residents that had been evacuated from homes in Mt. Pleasant, near the scene of an accident involving a tanker truck that rolled over spilling ethanol, were allowed to return home around 8:30 pm last night.
The evacuation was lifted after hazardous material crews were able to secure the accident scene and contain the immediate threat posed by the leaking ethanol, which is an extremely combustible fuel. It is not clear as to the amount of ethanol spilled from the tanker, but it took hazardous materials crews several hours to contain and off load the ethanol that did not escape from the tanker, before up righting it and removing it from the scenes. According to local news outlets, the driver of the truck will face charges related to the accident.
The accident in Cabarrus County occurred just as Emergency Management and HAZMAT crews in neighboring Rowan County were cleaning up an ethanol spill that occurred near the Rowan / Davidson County line on Tuesday morning.
The accident on Tuesday morning in Rowan county occurred on Bringle Ferry Road and is within a mile of where in 2015 a similar accident occurred, killing the tanker’s driver and spilling thousands of gallons of ethanol. The ethanol from that spill leaked from the truck, on to the roadway and surrounding properties, making its way into the water supply and caused damages to the environment, property, and lives of those living near the site of the accident and spill.
The aftermath of the 2015 ethanol spill and subsequent cleanup continues for the property owners that were impacted by that accident. In an interview with WBTV following the most recent accident on Bringle Ferry Road, two of the residents displaced by the 2015 accident, Shelia Shepard and Jackie Huffman, described the heartache and hardships they have since experienced. They summed up the impact of the damages caused by a substance like ethanol is spilled saying, “Everything in your life changes… in just seconds.”
As residents near the site of the ethanol spill in Cabarrus County are a wait to see how this spill will affect the environment, they can look to the property of Shelia Shepard.
Today, over two years after the accident, she is still unable to return to the property her family has owned for decades. The property they worked so hard to acquire now sit vacant, scared by deeply dug ditches that were created in an effort to contain the spill, and well-water is contaminated by the ethanol that leeched into the water table supplying her home that she cannot use it.
Currently, our law firm is representing Mrs. Shephard and others impacted by that crash. We hope to help them recover some of the losses they have experienced following the ethanol spill and the resulting contamination of the area. In addition, we would also like to ensure that those companies involved in the transportation of ethanol and other hazardous materials are being responsible in the transportation of such materials, and if not they are held accountable for any damages that their negligence has caused.
If you have experienced a loss similar to Mrs. Shepard’s – due to the negligence of another – we may be able to assist you in the recovery of your losses. Our firm has over 30 year of experience protecting the rights of property owners and others whose lives have been forever changed due to the negligence of others.
To speak with someone about your claims, please contact our office at 1-800-849-5291
To Watch WBTV’s coverage of the Ethonal Spills click here.
To read the Salisbury Post story written by Josh Bergeron (click here to visit his twitter page) about the 2015 Bringle Ferry Road Accident click here
In the News: Homes in Concord evacuated due to ethanol spill – the 2nd spill of the hazardous material in the area today.
News of Ethanol Spill / Evacuation in Cabarrus County There has been an evacuation of homes near the scene of a tanker spill in the Cabarrus County community of Concord. Some residents in Concord have been evacuated from their homes, and have no idea when they will be able to return. The evacuation occurred as following a crash that involved…
Voluntary Nationwide Recall of One Lot of 0.9% Sodium Chloride Injection Due to the Presence of Particulate Matter
On July 28, 2017, ICU Medical has informed the US Food and Drug Administration (FDA) that they are issuing a Voluntary Nationwide Recall of One Lot of 0.9% Sodium Chloride Injection Due to the Presence of Particulate Matter identified as stainless steel within a single flexible container.
0.9% Sodium Chloride Injection from ICU Medical
NDC Number: 0409-7983-09
Lot Number: 61-841-FW
Expiration Date: January 01, 2018
Configuration/Count: 1000mL Single Dose Flexible Container
For additional information related to this recall, please visit the FDA Drug Recalls Page by clicking here.
Press Release — July 31, 2017
CLASS ACTION FILED AGAINST MULTINATIONAL CONTRACTOR OVER CATASTROPHIC OUTER BANKS POWER OUTAGE
July 31, 2017, Salisbury NC – The Wallace and Graham law firm in Salisbury, NC, working with other attorneys in North and South Carolina, has announced the filing of a lawsuit against PCL Civil Constructors, Inc. regarding the catastrophic power outage which hit part of the North Carolina Outer Banks on July 27th during peak tourist season. The lawsuit was filed in Dare County Superior Court.
The power outage was caused when, according to news reports, PCL drove a steel casing through underground transmission cables as part of a project to replace the Bonner Bridge. Thousands of community members in the Hatteras and Ocracoke areas have lost power. Tens of thousands of residents and tourists have had to evacuate.
The lawsuit is brought on behalf of affected individuals and businesses. Those suing include Briggs McEwan, whose local pizza and home rental business in Rodanthe claims to have lost thousands of dollars already. Another Plaintiff, Tami Lynette Gray of Frisco, claims that her charter boating business has suffered significant losses, as well.
“For people in the Hatteras and Ocracoke areas, this outage is causing significant harm. We have moved quickly to seek to make our clients’ voices heard in this ongoing crisis and obtain judicial relief,” states Mona Lisa Wallace of Wallace and Graham, P.A.
PCL Civil Constructors lists a principal office in Raleigh on its website. In addition, the lawsuit names two other PCL affiliates. According to the lawsuit, PCL markets itself as having special expertise on bridge replacement projects. The work is being performed under a contract with the North Carolina Department of Transportation. The goal is to replace the Herbert C. Bonner Bridge across Oregon Inlet from Bodie Island to Hatteras Island. The estimated cost of the project is $250 million or more.
The bridge spans nearly three miles. The complaint alleges that in order to win the contract, PCL claimed it could save $60 million or more by working under an accelerated schedule. The lawsuit claims that in the process of trying to proceed with the work, the power lines were cut.
The affected power transmission cables go near and under the south side of the Bonner Bridge. The underground lines carry electricity to the island coastal communities from mainland Dare County.
Dennis Rose and Peebles Harrison of the law firm of Rose Harrison & Gilreath, and Cheryl Perkins and Jim Gilreath of law firms in South Carolina, are also assisting with the matter. Mr. Rose comments that “as a firm representing clients in the Outer Banks area, we can tell you that this power outage could not have happened at a worse time. We are getting calls from local residents and business owners who have been damaged in a variety of ways.”
To Contact Wallace & Graham, P.A.
call us directly at 1-800-849-5291
For more information contact:
Dennis C. Rose
M. Peebles Harrison
ROSE HARRISON & GILREATH, P.C.
Post Office Box 405
Kill Devil Hills, NC 27948
Phone: (252) 480-1414
Fax: (252) 480-1765
Mona Lisa Wallace
William M. Graham
WALLACE & GRAHAM, P.A.
525 N. Main St.
Salisbury, NC 28144
THE GILREATH LAW FIRM, P.A.
110 Lavinia Avenue
Greenville, South Carolina 29601
Phone: (864) 242-4727
Fax: (864) 232-4395
Cheryl F. Perkins
Charles W. Whetstone, Jr.
WHETSTONE PERKINS & FULDA, LLC
601 Devine Street
Columbia, SC 29201
Phone: (803) 799-9400
Fax: (803) 799-2017