Personal Injury Law

Labor issues record $87 million fine to BP

Posted on November 08, 2009
Sam Hananel reports, ?The Occupational Safety and Health Administration is issuing a record $87 million fine against oil giant BP for failing to correct safety hazards after a 2005 explosion killed 15 people at its Texas City refinery? (AP for FindLaw, 11/1)...

PTSD Linked to higher post-surgery death rate

Posted on November 02, 2009
Important new research has linked posttraumatic stress disorder to ?implicated ills of the body?suggesting it may be associated with death after surgery? (CNN, E. Landau, 10/24). The study shows ?that veterans with PTSD were more likely to die within a year after surgery than those without the disease, regardless of how many years have passed since their service,? and is the first to study the mortality rates of PTSD patients after surgery...

Death Toll rises to three in Arizona Sweatbox case

Posted on October 26, 2009
Recently, the story surrounding three deaths and eighteen injuries caused by spending time in a ?sauna-like sweatbox? has lead to a homicide investigation of the October 8 ?Spiritual Warrior? program by self-help expert James Arthur Ray at the Angel Valley Retreat Center near Sedona, Arizona (CNN, 10/18)...

EPA to review health risk from popular weed killer

Posted on October 19, 2009
The Environmental Protection Agency said recently it is ?re-evaluating the health effects of a popular weed killer that has been found in drinking water supplies,? to determine if further restrictions are needed to combat health concerns (Dina Cappiello, AP for Find Law, 10/7)...

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Target penalized for toys with lead paint

Posted on October 11, 2009
Natasha Metzler reports, ?Target has agreed to pay a $600,000 civil penalty for importing and selling a variety of toys with high levels of lead paint on the surface (AP for FindLaw, 10/1). The Consumer Product Safety Commission alleged, ?Target knowingly imported and sold the illegal toys between May 2006 and August 2007...

School nurse shortage hampers H1N1 response

Posted on September 28, 2009
When the swine flu emerged last spring, ?it was a school nurse in New York City...who helped identify and curtail the country's first major outbreak after she noticed large numbers of students complaining of high fevers and sore throats? (Terence Chea, AP for FindLaw, 9/25)...

The 9th U.S. Circuit Court of Appeals has upheld San Francisco's ban on cigarette sales in any licensed pharmacy within the city limits.

Posted on September 27, 2009
Ray Theodore reports, ?In a brief, unpublished decision the three-judge panel unanimously found that the ban is permissible because it restricts the sale of cigarettes and not cigarette advertising? (Andrews Publications for FindLaw, 9/16). The court reject the argument that the product itself is an advertisement and found that the sale of cigarettes does not involve expressive conduct that would be protected by the first or fourteenth amendments...

FDA requires faster food safety reporting

Posted on September 21, 2009
As a personal injury lawyer, I am pleased to see the new rule governing food safety, which regulators say "will help the FDA prevent widespread illness from contaminated products and direct inspectors to plants that pose a greater safety concern.? The new rule aims to help federal regulators identify food contamination issues sooner, and requires food makers "to alert government officials of potentially contaminated products within 24 hours? (AP for FindLaw, 9/8)...

NHTSA proposed rule will not require automatically reversing windows

Posted on September 14, 2009
The American Association for Justice news brief recently included an article stating The National Highway Safety Administration said, ?it isn?t necessary to require that power windows operate in reverse to prevent the injury or deaths of children who could be accidentally caught in them? (AP, Manning, 8/28)...

Six companies recall blinds, shades after deaths

Posted on September 08, 2009
Jennifer Kerr reports, ?six companies are recalling millions of window blinds and shades, following the deaths of three children who got caught in cords that help the coverings move up and down? (AP, 8/26). The recalls were announced last week by the Consumer Product Safety Commission and involve some ?big-name companies, including Pottery Barn Kids, IKEA,? and some smaller retailers who sold their products at large retailers such as Target...

Heat Deaths put pressure on Football Tradition

Posted on August 28, 2009
Madison Park reports for CNN, ?before Friday night lights, there is summer suffering.? The football tradition of two-a-days in scorching August heat to get ready for the fall season has recently come under scrutiny. As the medical understanding of the risks of heat exertion expands, more teams are instituting water breaks and monitoring their athlete?s body temperatures...

Legislation would Aid Consumers in Holding Foreign Manufacturers Accountable for Dangerous Products

Posted on August 28, 2009
As a personal injury lawyer in Chicago, I am pleased with the recent legislative action to hold foreign manufacturers accountable for defective products. The hurdles that obstruct seeking justice in foreign countries are often insurmountable, but the recent legislation helps to make justice more attainable...

Study finds "BPA-free" bottles may contain traces of the chemical.

Posted on August 17, 2009
The Milwaukee Journal Sentinel (7/31, Rust) reports, "Canadian regulators have found that baby bottles marketed to parents as 'BPA free' may actually contain the chemical bisphenol A, as two of nine bottle brands tested by Health Canada, Canada's public health agency, showed 'high readings' while 'traces' were found in the others...

House passes food safety bill

Posted on August 17, 2009
The Washington Post (7/31, Layton) reports that by a 283-142 majority, the House passed the extensive food safety bill. The passing of the bill was perhaps expedited by the recent outbreak of salmonella in peanuts that has killed at least nine people...

Legislation Critical in Settling Arbitration Landscape

Posted on July 30, 2009
The American Arbitration Association released an announcement following the settlement between the Minnesota Attorney General and the National Arbitration Forum stating ?it would stop participating in debt collection forced arbitration proceedings until new guidelines are established? (AAJ, Axelrod and Lorenzi, 7/22) American Association for Justice Senior VP of Public Affairs, Linda Lipsen, said, ?it has become clear that Congress must step in to protect consumers against predatory forced arbitrations...

Pool Upkeep is down, giving West Nile a chance to spread

Posted on July 30, 2009
Kristen Kridel reports for the Chicago Tribune about a dangerous consequence of not adequately maintaining your pool ? mosquito breeding (7/29). Entomologist George Balis says unkempt swimming pools are just another sign of tough economic times. Neglected swimming pools are a haven for mosquitoes that can transmit West Nile virus, and local experts say the number of neglected swimming pools is on the rise...

Porch Safety: Chicago Says its up to You

Posted on July 24, 2009
Like countless other porches in Chicago, ?the rickety landing where Atit Mansuria and Carolina Landeros were chatting hadn?t been inspected for years ? in this case, since it was built in the mid-1980s? (Chicago Tribune, Olivio, 7/16). The railing suddenly collapsed, sending them ?tumbling 20 feet to the concrete alley below...

In many States young kids can hunt alone, but Washington accident brings lack of age requirement into the limelight

Posted on July 24, 2009
Mike Stuckey reports on a Washington State hunting accident that killed 54-year-old Pamela Almli when an unsupervised youth hunter for msnbc.com mistook her for a bear. The horrific accident ?highlighted issues about hunting on public land in Washington that were news to some state residents...

Nursing Homes: An Overall lack of care and a Racial Divide

Posted on July 17, 2009
Hurley McKenna & Mertz is familiar with nursing home cases involving abuse and neglect and has two notable settlements of 3,750,000 and 1,200,000 in nursing home cases . An article in the Chicago Reporter by Jeff Kelly Lowenstein reveals that Illinois is one of the worst states for nursing home care, and discusses the racial divide between the level of care provided at nursing home facilities...

The Insurance world from an inside perspective

Posted on July 16, 2009
As a private citizen and a personal injury lawyer, it is obvious to me that health insurance reform is necessary. This is not to say that the health insurance industry is the only area in need of reform in order to improve the current health care system, but it is certainly a substantial contributing factor...

Banned Pool Drains still present in many public pools

Posted on July 07, 2009
The Today Show (7/6) informed people all over the country about many public pools that are not abiding by federal law and replacing dangerous pool drains. The old pool drains are unsafe because they can pack 800 pounds of suction force and trap young children causing serious internal injuries and even death...

A ?parade of errors? fails the Plaintiff in 15 year civil court battle over a foster child?s suffocation

Posted on July 07, 2009
In 2006, Hurley McKenna & Mertz secured $12 million in damages for three children abused in a foster home in a settlement with Catholic Charities of the Archdiocese of Chicago. As a personal injury lawyer with experience in this area, it is mind boggling that foster children can be victimized on a serial basis for years without a place to turn to for justice...

EPA: Recycled rubber may not be safe for playgrounds

Posted on June 29, 2009
The USA Today (6/22, Szabo) reports, "There's a growing debate about the safety of the recycled rubber chips used to cushion falls on many children's playgrounds." The Environmental Protection Agency (EPA) has approved rubber play surfaces since 1991, both to protect children from head injuries and to prevent tires from ending up in landfills...

Loyola University Chicago School of Law Elder Law Initiative Lecture Series

Posted on June 29, 2009
The Loyola Elder Law Initiative Presents the 2009 Hurley, McKenna & Mertz Lecture Series Event: Tips and Trends in Long-Term Care. Hurley, McKenna & Mertz, P.C. is a partnership of trial lawyers in Chicago dedicated to the representation of persons whose lives have been destroyed by the negligence of others...

SCOTUS ruling makes age discrimination more difficult to prove

Posted on June 23, 2009
The Denver Post (6/22) editorializes, "A U.S. Supreme Court decision last week made it significantly more difficult - too difficult, we think - for older workers to prove age discrimination claims." The decision, "which came on a 5-4 vote, means workers have to prove their age was the key reason for the employment decision in question, regardless of whether there is at least some evidence that age was a motivating factor...

Warning of smoking's dangers, Obama signs tobacco bill into law

Posted on June 23, 2009
As an anti-tobacco advocate and a personal injury lawyer who has seen many smoking-related injuries, I am thrilled by the President?s signing of the tobacco bill into law. The historic measure gives the Food and Drug Administration unprecedented power to regulate tobacco, including the marketing and distribution of tobacco products...

Loophole in the Courts Leaves Dangerous Products on the Market

Posted on June 16, 2009
Court secrecy is a dangerous practice that prevents people from finding out about unsafe products. As a personal injury lawyer in Chicago I find the practice of document sealing irresponsible. Consider the following example of such irresponsibility...

Arbitration Fairness Act before Congress could ban mandatory arbitration

Posted on June 16, 2009
NPR (6/9, Goodwyn) reported that "Jamie Leigh Jones was a...Halliburton employee in 2005 when she was sent to work in Iraq." She was drugged, beaten and raped shortly after her arrival. "It has been four years since the attack, and despite the physical and circumstantial evidence, the Department of Justice has declined to investigate...

Massey ruling said to highlight problems with judicial elections

Posted on June 11, 2009
The Wall Street Journal (6/10, Koppel) reports, "The U.S. Supreme Court's decision this week calling for judges? to recuse themselves from ?cases involving big political donors confronts the growing role of money in the U.S. judicial system." The Journal adds, "Political donations to judicial candidates at the highest state courts have soared in recent years, creating concerns that money is eroding public confidence in the system...

More Transparency for Civil Lawsuit Documents

Posted on June 09, 2009
The Deseret Morning News (6/5, Davidson) reported that Bruce R. Kaster, "an attorney who represents the families of Utah State University students killed in a grim 2005 van accident, told Congress on Thursday" that "courts allow companies to keep too many civil lawsuit documents secret that could save lives by disclosing dangerous defects in products...

Obama's preemption directive seen as victory for consumers

Posted on June 04, 2009
The Las Vegas Sun (5/29) editorialized, "It is only common sense that many federal laws, those on civil rights among them, should be consistently and strictly enforced throughout the country." However, "many federal laws not covering constitutionally protected freedoms should stand only as a minimum standard...

Florida jury awards $30 million to widow of smoker

Posted on June 04, 2009
As a Chicago personal injury lawyer I am very pleased to see that after decades of marketing their addictive cancer causing products to children, tobacco companies are feeling the pain a fully informed jury can inflict. Consider this recent verdict in Florida: The AP (6/2) reports, "A Florida jury awarded $30 million to a Pensacola widow in a ruling against R...

Dangerous Drop Side Cribs to be Discontinued

Posted on March 31, 2009
Chicago Tribune encouraged by manufacturer's decision to stop making drop-side cribs. The Chicago Tribune (3/28) editorialized, "Drop-side cribs, with a movable rail that can be raised and lowered, are a staple of baby rooms." However, "they probably won't be for much longer" because "major crib manufacturers have agreed to stop making them...

City of Chicago has laws in place to make winters easier on handicapped

Posted on November 23, 2008
Snowy sidewalks make city life difficult for the Chicago?s handicapped population. Unfortunately there are no Chicago laws that require owners of private property to remove snow from private walks and drives however, under the

$11 million settlement reached in Chicago Metra wrongful death suit

Posted on November 21, 2008
An $11 million settlement was approved in two wrongful death lawsuits arising from the 2005 Metra derailment in Chicago that killed two women and injured 117 other passengers.

ELECTRA BIKE RECALL EXPANDED

Posted on November 17, 2008
We previously posted on the Electra Bicycle Co?s Amsterdam bicycle recall. More recently, the

MANUFACTURERS RECALL COUGH MEDICINES USED FOR SMALL CHILDREN

Posted on November 16, 2008
Chicago families should be cautious about giving their infants and toddlers cough medicines in light of reports that the makers of several leading over-the-counter cold medications are voluntarily withdrawing products sold for infants. The

ILLINOIS CONSUMER ADVISORY: Five Million Unrepaired Fords, Lincolns and Mercurys Pose Serious Fire Hazard

Posted on October 07, 2008
The

FDA Warning: Chicagoans Should Avoid Infant Formula Made In China

Posted on September 22, 2008

Chicago cyclists be on alert for Electra Amsterdam recall

Posted on September 14, 2008
Chicago cyclists should be aware of a recent recall involving Electra Amsterdam bicyles. Late last month, the CSPC announced a

NHTSA issues a recall to Illinois Nissan Altima Drivers

Posted on September 09, 2008
Nissan recently recalled over one-thousand 2008 Altimas relating to a loose bolt which could lead to difficulty controlling the car if it fell out- this includes Nissan models driven by Chicagoland drivers. According to

Illinois judge rules that expert need not pinpoint exact cause of tire failure

Posted on September 03, 2008
Trish McCloud was permanently disabled when her motorcycle?s rear tire blew out in 2002. After the jury awarded damages to her in her products liability case, the tire manufacturer, Goodyear Dunlop Tires, asked for a new trial, raising a variety of issues, including the adequacy of the tire expert?s testimony...

Supreme Court to hear arguments on Unconstitutionality of Illinois' Medical Malpractice caps

Posted on August 25, 2008
A lawsuit testing the constitutionality of Illinois' medical malpractice damage caps is expected to come before the Illinois? Supreme Court this fall. The 2005 state law limits medical malpractice awards for non-economic damages such as pain and suffering to $500,000 for doctors and $1 million for hospitals...

80,000 Look Bicycle Pedals Recalled to Prevent Injuries

Posted on August 19, 2008
In the hopes of curtailing future bicycle injuries, the U.S. Consumer Product Safety Commission (CPSC) in cooperation with Look Cycle voluntarily recalled approximately 80,000 KéO brand bicycle pedals. The San Jose, California company made this decision after it uncovered a defect in the structural composition of the bicycle pedal it distributes...

Traumatic Brain Injury sufferers may not show outward signs of brain damage

Posted on August 14, 2008
Each year, millions of Americans are treated for Traumatic Brain Injuries (TBI). In fact, TBI is the leading cause of death among those 45 or younger. TBI can be caused by direct head trauma but can also be caused by severe shaking or whiplash from a car accident...

Chicago Lawyers File Boy Scout Sex Abuse Case

Posted on November 20, 2007
Earlier today, Chicago lawyers Hurley McKenna & Mertz filed a lawsuit in Winnebago County, Illinois against the Boy Scouts of America alleging that Charles ?Chuck? Bickerstaff, a long-time paid senior district executive with the Rockford-based Blackhawk Area Council, Boy Scouts of America, sexually abused a Boy Scout over a ten-month period in 2006...

Chicago Layers File Boy Scout Sex Abuse Case

Posted on November 20, 2007
Earlier today, Chicago lawyers Hurley McKenna & Mertz filed a lawsuit in Winnebago County, Illinois against the Boy Scouts of America alleging that Charles ?Chuck? Bickerstaff, a long-time paid senior district executive with the Rockford-based Blackhawk Area Council, Boy Scouts of America, sexually abused a Boy Scout over a ten-month period in 2006...

Bike Accidents More Likely With Disc Brakes

Posted on October 23, 2007
An interesting phenomenon occurs bicycles equipped with disc brakes that makes wheel separation more likely. The link describes this phenomenon more fully, but essentially, when the caliper is mounted behind the fork, the braking force actually works to eject the wheel from the fork...

Illinois Appellate Court affirms Hurley McKenna & Mertz negligent credentialing trial victory against hospital

Posted on August 06, 2007
The Illinois Appellate Court has affirmed the largest known verdict for a plaintiff in an institutional negligence case ever obtained in Illinois. The case is also the first reported case in Illinois dealing with a hospital's liability for negligently credentialing a physician, podiatrist or other health care provider...

35W Bridge collapse demonstrates that tort immunity spawns complacency

Posted on August 04, 2007
I grew up in Minneapolis. I traveled over the I-35W Bridge hundreds of times. I drove under the bridge on a boat dozens of times. I marveled at the beauty of the bridge and the beautiful views from the bridge. I never imagined that the bridge might fail...

No excuse for lead paint in children's toys

Posted on August 04, 2007
The threat of product liability judgments helps keep product manufacturers honest. CNN reports that Fisher Price has announced it plans to recall nearly one million plastic preschool toys made by a Chinese vendor and sold in the United States between May and August...

Discovery Rule: The only reasonable approach to statutes of limitation

Posted on July 27, 2007
The U.S. Supreme Court, in Ledbetter v. Goodyear Tire & Rubber Co., threw out a woman's equal pay claim because it held that the statute of limitations had expired. The Court held that, because she learned she was paid less than her male counterparts years after the discrimination occurred, she was out of luck...

Tort reform is bad, even for its advocates

Posted on July 27, 2007
Conservatives who champion tort reform are often the first to file the lawsuits that they defile as "frivolous". Remember Rick Santorum filing a lawsuit as he argued on the Senate floor for caps on damages? Here is the latest example of Republican hypocrisy with Judge Robert Bork filing a suit seeking punitive damages, the sort most detested by tort reformers: Leading Conservative Activist Seeks Punitive Damages Judge Robert Bork, one of the fathers of the modern judicial conservative movement whose nomination to the Supreme Court was rejected by the Senate, is seeking $1,000,000 in compensatory damages, plus punitive damages, after he slipped and fell at the Yale Club of New York City...

The Truth About Catholic Charities Foster Care Settlement

Posted on April 17, 2007
It is widely being reported today that Catholic Charities is dropping its foster care program becasue it is unable to obtain insurance after a $12 Million settlement last summer. I am one of the attorneys who represented the three children and I would like to set the record straight...

A Response to Catholic Charities Dropping Foster Care

Posted on April 17, 2007
Several reports today, including one by Ofelia Casillas and Manya A. Brachear the Chicago Tribune, state that Catholic Charities of the Archdiocese of Chicago has been forced to drop its foster care program because it is unable to obtain insurance after a $12 Million settlement last summer...

Chicago Family Files Peanut Butter Lawsuit

Posted on February 21, 2007
WBBM's Bob Roberts reports that a South Shore family Tuesday became the first to file suit in Cook County Circuit Court against Con-Agra Foods over salmonella contracted from tainted peanut butter. The lawsuit was filed by Chicago attorneys Hurley McKenna & Mertz, P...

Chicago Woman Sues Over Tainted Peanut Butter

Posted on February 21, 2007
The Chicago Tribune and Associated Press are reporting that a Chicago woman sued ConAgra Foods, Inc. after she and her family became violently ill after eating Peter Pan peanut butter that was tainted with salmonella. The lawsuit was filed by Chicago lawyers Hurley McKenna & Mertz, P...

Chicago Lawyer Files Peanut Butter Case

Posted on February 21, 2007
Janet Rausa Fuller of the Chicago Sun Times reports that an Illinois family has filed a lawsuit in Cook County for illness related to tainted Peter Pan peanut butter. The case was filed by Chicago lawyers Hurley McKenna & Mertz, P.C. The suit alleges that the family of four became violently ill after eating an after school snack of peanut butter sandwiches on February 1, 2007...

Illinois confirms peanut butter illnesses

Posted on February 19, 2007
Jason Meisner of the Chicago Tribune reports that Cook County and state health officials have confirmed that one person sickened by salmonella this week in the suburbs shared the same strain of the bacteria that has been cited in a nationwide outbreak traced to certain brands of peanut butter...

Peanut Butter Causing Illness in Chicago and Nationwide

Posted on February 19, 2007
People in Chicago are experiencing illness as a result of the tainted ConAgra peanut butter. The Associated Press reports that the state of Indiana has had 13 confirmed cases of a salmonella outbreak associated with certain batches of Peter Pan-brand peanut butter and Wal-Mart's Great Value house brand...