Pennsylvania department of health posts Shigella advisory

Outbreaks of shigellosis have been reported in Philadelphia, Allegheny, Dauphin, and York counties. Special attention to cleanliness is urged in daycare centers, among school-age children, and young adults. "Shigella is highly contagious, and the recent outbreaks suggest that this organism is spreading in the Commonwealth." The recent warmer weather may be a factor in its spread as well.

Most Shigella infections are caused by two bacterial organisms, Shigella sonnei and Shigella flexneri. The Shigella bacteria pass from one infected person to the next. According to the CDC:

"Shigella are present in the diarrheal stools of infected persons while they are sick and for up to a week or two afterwards. Most Shigella infections are the result of the bacterium passing from stools or soiled fingers of one person to the mouth of another person. This happens when basic hygiene and handwashing habits are inadequate and can happen during certain types of sexual activity. It is particularly likely to occur among toddlers who are not fully toilet-trained. Family members and playmates of such children are at high risk of becoming infected.
Shigella infections may be acquired from eating contaminated food. Contaminated food usually looks and smells normal. Food may become contaminated by infected food handlers who forget to wash their hands with soap after using the bathroom. Vegetables can become contaminated if they are harvested from a field with sewage in it. Flies can breed in infected feces and then contaminate food. Water may become contaminated with Shigella bacteria if sewage runs into it, or if someone with shigellosis swims in or plays with it (especially in splash tables, untreated wading pools, or shallow play fountains used by daycare centers). Shigella infections can then be acquired by drinking, swimming in, or playing with the contaminated water. Outbreaks of shigellosis have also occurred among men who have sex with men."
The Pennsylvania Department of Health recommends that persons with diarrheal illness do not attend or visit group settings particularly where children are present. Suspected cases should be confirmed by stool testing, then initiation of antibiotic. Since the bacteria may still be present in recovered patients, "children and staff members with Shigella must have two negative stool cultures, obtained at least 48 hours after the last dose of antibiotic and at least 24 hours apart, prior to returning to child- care facilities. The same restrictions apply to persons with Shigella who are healthcare workers or employed as food handlers. "

The most important ways to prevent Shigella transmission are good handwashing habits, practicing good general hygiene, and keeping surfaces clean and disinfected.

"Any questions or concerns regarding these recommendations should be directed to the Pennsylvania Department of Health at 1-877-PA-HEALTH. Further information on shigellosis is available on the PADOH web site at www.health.state.pa.us or the web site of the Centers for Disease Control and Prevention at www.cdc.gov."

Philadelphia PA Lawyer Talks About The Crime Victims Compensation Fund

A vastly underused source of funds is available for crime victims and their families, perhaps at the time when it is needed most. Many states have a Crime Victims Compensation Fund.

The Pennsylvania fund may cover medical expenses, loss of earnings, loss of support, funeral expenses, money stolen or defrauded from individuals on a fixed income, such as Social Security or pension, counseling expenses, relocation expenses, childcare/home health care expenses and crime-scene clean up. The program does not cover pain and suffering or stolen or damaged property, except replacement of stolen or damaged medical devices.

The claim must be filed within two years of the date of the crime. A longer period applies if the victim is a child. In certain circumstances, family members of the crime victim may be eligible for compensation.

The crime must be reported to the proper authorities within three days. You must cooperate with law enforcement authorities investigating the crime, the courts and the Victims Compensation Assistance Program in processing the claim.

The Crime Victims Compensation fund is regarded as a payer of last resort. Payment will be reduced by the amount of any other source, including, but not limited to: health or life insurance, awards for civil lawsuits or insurance, Medical Assistance, Medicare, disability insurance, Workers’ Compensation, or Social Security.

Most claims are processed within three months, but can take longer if the claim is complex.

The Pennsylvania Crime Victims Compensation Act became law in 1976. This fund consists of fines and penalties assessed against persons convicted of crimes. No general tax revenues of the state are used.

Appeals panel agrees that failure to read document doesn't null contract

KEITH ARNOLD, Daily Reporter Staff Writer
A Franklin County appellate panel was unable to conclude that the Franklin County Municipal Court's determination in a breach of contract suit between a specialty home-cleaning service and the next of kin of a Grove City man who died in his home was against the manifest weight of the evidence in a recent decision.

"Upon our review of the record, we find no error in the trial court's determination that an enforceable contract existed between the parties," 10th District Court of Appeals Judge Patrick McGrath wrote for the 3-0 court.

The appellate court's holding overruled Nancy Buffington's claim that the trial court was mistaken to find that the contract between her and the cleaning service was enforceable and, therefore, obligated the woman to utilize the company's services per the agreed terms.

Buffington's father died in his home on Nov. 10, 2005, case summary provided. The man's body was discovered one-and-a-half to two days after his death. Approximately one week later, the personal belongings were removed from the home and it was listed for sale.

On Jan. 14, 2006, Buffington contracted for the services of Aftermath Inc., which provides biological remediation and cleanup services. According to the contract, the woman agreed to pay for cleanup services concerning an unattended death in the Grove City home.

Aftermath's complaint alleged that after the firm rendered services, appellant refused to pay the amount due under the contract. After a trial to the bench, the trial court concluded that a valid written contract existed between the parties and that the company was entitled to payment for the services rendered in accordance with the contract. The court awarded damages in the amount of $6,189.36 to Aftermath.

The panel noted Buffington signed both a site cleanup agreement and a fee agreement for non-insurance-related jobs. Additionally, the court rejected the woman's claim there existed no evidence that she understood or agreed to biological remediation of her father's home.

"... As noted by the trial court, appellant's stated failure to read the documents prior to signing them is of no consequence as it is well-established that the failure to read the terms of a contract is not a valid defense to enforcement of the contract," as in Haller v. Borror Corp. (1990), 50 Ohio St.3d 10, 14.

"Further, appellant's argument that she was 'mistaken' equally fails because 'relief for a unilateral mistake of material fact will not be provided where such mistake is the result of the negligence of the party seeking relief,'" as in Hikmet v. Turkoglu, 10th Dist. No. 08AP-1021, 2009-Ohio-6477, and Marshall v. Beach (2001), 143 Ohio App.3d 432, 437.

Fellow 10th District Judge Susan Brown and John Connor joined McGrath to form the majority.

The case is cited as Aftermath Inc. v. Buffington, 2010-Ohio-19.

Pennsylvania Leads Nation in Black Homicide Victimization

For the third time in four years, Pennsylvania leads the nation in the rate of black homicide victimization. According to unpublished 2007 Federal Bureau of Investigation (FBI) Supplementary Homicide Report (SHR) data (the most recent available), the Keystone State's black homicide victimization rate of 36.36 Per 100,000 is nearly seven times the national overall homicide rate of 5.30 per 100,000.

This is the fourth year that my organization, the Violence Policy Center, has issued the study Black Homicide Victimization in the United States and the third time that Pennsylvania has ranked first. Additional states with black homicide victimization rates that place them in the top five are: Missouri at number two with a rate of 34.82 per 100,000; Indiana at number three with a rate of 30.89 per 100,000; and, Nevada and Wisconsin tied at number four with a rate of 29.83 per 100,000

As in past years, the study found overwhelmingly that firearms, usually handguns, were the weapon of choice in the homicides.

For the entire United States, the study found:

There were 7,387 black homicide victims in the United States. Of these, 6,345 (86 percent) were male, and 1,042 (14 percent) were female.

The homicide rate for black victims in the United States was 20.86 per 100,000. In comparison, the overall national homicide rate was 5.30 per 100,000 and the national homicide rate for whites was 3.11 per 100,000

For homicides in which the weapon used could be identified, 82 percent of black victims (5,743 out of 7,011) were killed with guns. Of these, 73 percent (4,204 victims) were killed with handguns. There were 701 victims killed with knives or other cutting instruments, 247 victims killed by bodily force, and 200 victims killed by a blunt object.

For homicides in which the victim to offender relationship could be identified, 72 percent of black victims (2,474 out of 3,431) were murdered by someone they knew. Nine hundred fifty-seven victims were killed by strangers.

For homicides involving black victims for which the circumstances could be identified, 69 percent (3,023 out of 4,362) were not related to the commission of any other felony. Of these, 55 percent (1,669 homicides) involved arguments between the victim and the offender.

Stating that "the devastation homicide inflicts on black teens and adults is a national crisis, yet it is all too often ignored outside of affected communities," the study concludes that for "blacks, like all victims of homicide, guns--usually handguns--are far and away the number one murder tool. Successful efforts to reduce America's black homicide toll must put a focus on reducing access to firearms."

Teen Suicide Risk Factors: Parents Are Too Often Clueless

By Nancy Shute

Suicide is the third leading cause of death among teenagers, and it's a tragedy that can be prevented. Given that almost 15 percent of high school students say they've seriously considered suicide in the past year, parents and friends need to know how to recognize when a teenager is in trouble and how to help.

Parents can be clueless when it comes to recognizing suicide risk factors, or at least more clueless than teens. In a new survey of teenagers and parents in Chicago and in the Kansas City, Kan., area, which appears online in Pediatrics, both parents and teenagers said that teen suicide was a problem, but not in their community. Alas, teen suicide is a universal problem; no area is immune.

The teenagers correctly said that drug and alcohol use was a big risk factor for suicide, with some even noting that drinking and drug use could be a form of self-medication or self-harm. By contrast, many of the parents shrugged off substance abuse as acceptable adolescent behavior. As one parent told the researchers: "Some parents smoke pot with their kids or allow their kids to drink."

Both teenagers and parents said that guns should be kept away from a suicidal teen. But since parents said they didn't think they could determine when a teenager was suicidal, parents should routinely lock up firearms, the researchers suggest. That makes sense. Firearms are used in 43.1 percent of teen suicides, according to 2006 data, while suffocation or hanging accounts for 44.9 percent.

The good news: Both parents and teenagers in this small survey (66 teenagers and 30 parents) said they'd like more help learning how to know when someone is at risk of committing suicide and what to do. Schools and pediatricians should be able to help, but we can all become better educated through reliable resources on the Web. These authoritative sites list typical signs of suicide risk, and they also provide questions a parent or a friend can ask a teenager to find out if he is considering killing himself. Here are good places to start:

The American Academy of Child and Adolescent Psychiatry lists signs and symptoms of suicidal thinking, such as saying things like "I won't be a problem for you much longer."

The American Academy of Pediatrics urges parents to ask the child directly about suicide. "Getting the word out in the open may help your teenager think someone has heard his cries for help."

The National Suicide Prevention Lifeline provides free advice to someone considering suicide, as well as to friends and relatives, at 800-273-TALK.

The National Alliance on Mental Illness's teenage suicide page makes the point that talking with someone about suicide will not "give them the idea." "Bringing up the question of suicide and discussing it without showing shock or disapproval is one of the most helpful things you can do," the NAMI site says. "This openness shows that you are taking the individual seriously and responding to the severity of his or her distress."

Cleanup completed at Civic Association

April 5, 2009

Cleanup has been completed at the American Civic Association building in Binghamton, where a gunman killed 13 people and injured four before taking his own life Friday.

The American Bio-Recovery Association, a non-profit international association of crime and trauma scene professionals, said Sunday that the bio-recovery cleaning was complete. The Ipswich, Mass.-based group provided the service at no cost.

Two member companies, Disaster Clean Up of Endwell and the Bio-Recovery Corporation of New York City, donated labor and supplies to remediate the scene with a crew of six technicians.