Personal Injury Law
Illinois Injury Lawyer Blog 
A legal blog that covers Illinois personal injury and accident topics including car accidents, medical malpractice, and nursing home abuse. Published by Injury Lawyers Levin & Perconti.
Post Frequency: 2.8/day Last Entry: November 20, 2009 at 10:42:16 Recent Entries: 956
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Warning issued against concomitant use of Plavix and omeprazole
Posted on November 20, 2009Levin & Perconti wanted to highlight a recent piece of drug liability news that may affect you or someone you know. This week, the FDA warned that popular drugs like Prilosec and Nexium can weaken the effect of Plavix. The drug interactions are concerning to the many Americans who take the drugs...
Chicago family reaches $850,000 settlement in premises liability lawsuit
Posted on November 19, 2009Jiffy Lube has agreed to settle a personal injury lawsuit with the family of an 88 year-old Illinois injury victim who was hurt due to a fall at a Chicago Jiffy Lube. The personal injuries resulted in the victim?s untimely death four weeks after the fall...
Is blaming lawyers the new "strategy" for halting any meaningful health reform?
Posted on November 18, 2009CNN.com recently featured an Op-Ed by Anthony Tarricone, the president of the American Association for Justice. The interesting Op-Ed highlighted the recent uptick in ?lawyer blaming? that opponents of health care reform are using. Mr. Tarricone summarized it quite nicely when he wrote, ?Somehow, the fringes of the GOP have made health care about trial lawyers and medical malpractice...
CVS settles expired products lawsuit
Posted on November 17, 2009CVS Pharmacy has reached an $875,000 settlement and will stop sales of expired products, including food, medicine, and baby formula. The agreement was announced on Tuesday. Investigators had bought expired goods in 60% of CVS stores they canvassed. To read more about the expired products settlement...
Legal opinions just got easier to access
Posted on November 17, 2009The attorneys at Levin & Perconti wanted to share some great news with other attorneys ? Legal opinions are now available on Google Scholar! Google Scholar users have the ability to search for specific opinions related to broad topics, such as product liability law...
CPSC records reveal iPod fire incidents
Posted on November 16, 2009KIRO-TV has reported that consumer investigator has received documents concerning Apple iPod personal injuries from the CPSC. The documents reveal that on a number of occasions, iPods have suddenly burst into flames, started to smoke, and possibly even burned their owners...
Following stroller recall, more investigations
Posted on November 15, 2009The CPSC has begun to investigate other stroller brands following the Maclaren recall. The million stroller recall by Maclaren after reports of finger amputation has prompted the CPSC to look at all ?umbrella strollers.? To read more about the umbrella stroller investigation...
Anemia drugs may increase blood clot risk
Posted on November 14, 2009Drugs that are used to stimulate red-blood cell production in cancer patients may increase the risk of venous thromboemboolism. In 2007, the FDA required a strong warning on the labels of the drugs and suggested limiting their use to patients with low red blood cell counts...
Chicago psychiatrist received nearly $500K from pharmaceutical company
Posted on November 13, 2009Chicago Tribune recently reported that AstraZeneca, a pharmaceutical company, paid a Chicago psychiatrist $490,000 over a decade to travel the nation promoting Seroquel. Seroquel is an anti-psychotic drug that the psychiatrist used to medicate thousands of mentally ill residents in Chicago-area nursing homes...
Target settles expired products lawsuit
Posted on November 12, 2009Target has reached a settlement in an expired products and mispricing lawsuit. Target has agreed to pay $375,000 to settle the product liability lawsuit. The retail giant will establish a position for a senior manager who will ensure advertised prices match what customers are charged...
Chicago area boy in critical condition after fall into pool
Posted on November 11, 2009A 3 year-old Illinois boy was in critical condition after falling into a swimming pool at his home over the weekend. The boy was outside with his father who was working in the yard. The father believed the youngster had gone into the home, but after 10-15 minutes the parents could not find him inside...
Variety of foods found to contain dangerous levels of BPA
Posted on November 10, 2009The Los Angeles Times recently reported that Consumers Union has found measurable levels of the chemical additive BPA across a range of foods. The foods include foods commonly contained in households, including some that were labeled BPA-free. BPA has caused adverse effects in several animal studies...
Chinese drywall symposium underway
Posted on November 10, 2009A symposium to discuss issues related to Chinese drywall is currently underway. The symposium will take place this week. Experts from the Consumer Product Safety Commission plan to discuss research on the drywall and what could be done to fix these product liabilities...
Two deaths linked to E.coli poisoning
Posted on November 09, 2009E. Coli kills two people and sickens many. Ground beef may be responsible for the recent E.coli outbreak linked to illness in more than two dozen people. The suspect beef was produced by Fairbank Farms, which issued a voluntary recall Saturday for 545,699 pounds of ground beef products...
Chicago man dies from 3rd floor porch
Posted on November 09, 2009A death investigation is being conducted after a 56 year-old Chicago man fell three stories to his death from his porch. The man was deceased by the time the paramedics responded. To read more about the Chicago man?s death.
Chicago boy dies from burns after lighter accident
Posted on November 08, 2009A 4 year-old Chicago boy suffered severe burns after playing with a lighter in his Chicago apartment. He has died from his injuries. No criminal charges were filed in the case. To read more about the Chicago boy?s death.
$850,000 jury award in aluminum bat lawsuit
Posted on November 07, 2009A jury recently awarded a family a $850,000 wrongful death verdict for the death of their son in a baseball game. The jury found that the maker of the aluminum baseball bats failed to adequately warn about the product?s dangers. The 18 year-old wrongful death victim was hit in the head by a ball...
Chicago man injured after train station slip and fall
Posted on November 06, 2009A Chicago personal injury lawsuit has been filed against the leasing agent of the Ogilvie train station. The injured man filed the lawsuit after a slip-and-fall accident resulting from a leak in the roof. To read more about the Chicago slip-and-fall...
The Chamber of Commerce?s ?Tort Reform? Mission
Posted on November 05, 2009The Huffington Post recently posted an article looking into the often secretive U.S. Chamber of Commerce and its ?tort reform? branch, confusingly named as the Institute for Legal Reform. The Institute is attempting to limit citizen?s right to jury trials and right to justice...
Push start button investigated as factor in deadly crash
Posted on November 05, 2009Toyota is being examined for ?instantaneous shut off device? buttons that officials are saying were a contributing factor in the August 2009 crash that killed a family. Investigators claimed that this, along with other car crashes, may have been prevented with a warning label located near the ignition start button...
AAJ report highlights corporate negligence
Posted on November 04, 2009The U.S. Chamber of Commerce recently hosted its ?Legal Reform Summit,? an event dedicated to malign trial attorneys and hurt the civil justice system. In response, the American Association for Justice released a report entitled ?They Knew and Failed To...
Chicago-area construction worker struck and killed by truck
Posted on November 04, 2009A Chicago-are construction worker directing traffic at a suburban work site was struck and killed by a truck. The deadly accident happened Halloween morning and killed a 56 year-old Illinois man. To read more about the deadly car accident.
Illinois plaintiff settles premises liability lawsuit
Posted on November 03, 2009The Law Bulletin reports that the plaintiff has settled her premises liability lawsuit for $500,000. The plaintiff was a social guest of the defendant?s third floor tenant. She suffered multiple fractures and blunt head trauma when the porch railing gave way as she leaned against it...
Illinois personal injury lawsuit settles for $750,000
Posted on November 02, 2009An Illinois wrongful death lawsuit has reached settlement according to the Law Bulletin. The plaintiff was the defendant?s rear seat passenger when he suffered personal injuries. The personal injuries resulted in quadriplegia and his death five moths later...
Illinois wrongful death settlement reached for $3 million
Posted on November 01, 2009The Law Bulletin has reported that the family of an Illinois wrongful death lawsuit have settled their wrongful death lawsuit for $3 million. The Illinois wrongful death lawsuit followed a motorcyclist?s death after an SUV struck the motorcycle victim...
Illinois child injured after bus accident
Posted on October 31, 2009A 7 year-old child received personal injuries after being struck by a school bus. The bus rolled over the Illinois boy who had fallen in its path. To read more about the Illinois child?s personal injuries.
llinois warns about recalled baby food
Posted on October 30, 2009The Illinois Department of Public Health is warning residents about a recalled baby food made by Plum Organics. There is a risk that potential contamination could cause botulism. Symptoms of botulism include weakness, double vision, dizziness, and trouble speaking or swallowing...
FDA to study negative effects of LASIK eye surgery
Posted on October 29, 2009The FDA has announced plans to study the scope of surgical problems and personal injuries associated with laser eye-correcting surgery. Personal injuries following LASIK surgery include blurred vision and dry eyes. To read more about the LASIK study...
Woman awarded $8.5 million in Ford SUV rollover accident
Posted on October 28, 2009A woman was recently awarded an $8.5 million judgment in an SUV product liability lawsuit. The award was granted after a month-long trial centering on a 2005 rollover lawsuit. To read more about the $8.5 million rollover verdict.
AstraZeneca ordered to pay $14.7 million in drug price case
Posted on October 27, 2009A jury has hit British drugmaker AstraZeneca with a $14.7 million verdict after finding that the company inflated its prescription drug prices for Medicaid reimbursement. To read more about the $14.7 million drug price case.
Fan manufacturer hit with $13.5 million verdict
Posted on October 26, 2009A jury hit a fan manufacturer with a $13.5 million verdict after finding that a faulty fan motor ignited a 2005 blaze that killed a 7 year-old boy. The manufacturer discovered a product defect in the China-made motors in their portable fans in 1999, but did not report the problem to the CPSC before the boy?s death...
Legislative Update: ?Red Flags? Rue Exclusion for Small Firms
Posted on October 25, 2009The US House passed a bill Tuesday that would exempt attorneys in small firms and other professionals from the Federal Trade Commission's "red flags" rule, which is set to go into effect November 1. This legislation will greatly impact Illinois law.
Insurers dropping homeowners with Chinese drywall
Posted on October 25, 2009Thousands of homeowners who bought new houses are finding no good news with the Chinese drywall problems mounting. Now, insurers are beginning to drop homeowners with Chinese drywall after fearing mounting claims. To read more about the insurers dropping homeowners...
CPSC chairman to press China for drywall damage compensation
Posted on October 24, 2009CPSC chairman has stated her intentions to ask China to assist in paying for damage in U.S. homes by defective Chinese drywall. She also intends to discuss a regulatory standard for drywall composition. To read more about the Chinese drywall damage.
Safe trick-or-treating tips for Halloween
Posted on October 23, 2009Food poisoning and other product liability risks are constant worries for parents around Thanksgiving. Be sure to inspect all candy before eating any of it. Plus, only give and take packaged or wrapped candy. To read more Halloween safety tips.
CPSC investigated iPod fires
Posted on October 22, 2009The CPSC is looking into multiple reports that iPods are overheading and, in some cases, catching fire. The fire hazard culprit appears to be the iPod?s lithium ion battery. The same battery was recalled by Sony after it was linked to a string of laptop computer fires...
Fall eating safety tips
Posted on October 21, 2009Fall is the season for canned cooking and, unfortunately, also the season for botulism food poisoning. To avoid botulism, be sure to thoroughly cook your food and follow cooking instructions. Avoid swelling containers, those with bulging lids, unusual odors, or odd colors...
$1 million Cook County wrongful death lawsuit verdict
Posted on October 20, 2009A verdict has been reached in a Cook County wrongful death lawsuit. The medical malpractice victim died during a tracheostomy revision surgery when the tip of the tube became clogged while being reinserted. To read more about the $1 million Illinois verdict...
Police seek driver in Chicagoland fatal hit-and-run
Posted on October 19, 2009Police in the city of Berwyn outside of Chicago were seeking the driver of a black Dodge Charger this morning after a fatal hit-and-run. A 47 year-old man was struck and killed in the Illinois hit-and-run. Police ask anyone with information to call them at 708-795-5600...
Chicago construction accident death
Posted on October 19, 2009A Chicago man died Sunday morning after falling from a Chicago construction site. The Chicago wrongful death occurred in the former site of a CTA rail repair yard. To read more about the Chicago construction death.
FDA warns drugmakers to halt codeine sales
Posted on October 18, 2009The Wall Street Journal reported that the FDA issued warnings to drug makers to stop sales of unauthorized codeine sulfate tablets. The drug makers are given 15 days to give a plan to stop the sale of the tablets. To read more about the FDA warning.
Case Law Update: Res Judicata Applied to Voluntary Dismissal
Posted on October 18, 2009Quintas v. Asset Management Group, Inc., No. 1-08-1950 (9-30-09) reversed a decision that found that the docket entry, which was inconsistent with the written order, stated plaintiffs were granted leave to refile, and thus the docket entry is express reservation of plaintiffs? right to refile and their suit not being res judicata...
Pharmaceutical company ordered to pay $2.5 million for birth defect claims
Posted on October 18, 2009A pharmaceutical company has been ordered to pay $2.5 million over product liability claims that its drug Paxil caused birth defects. The birth defect lawsuit alleged that the company knew that the drug caused birth defects and hid the risks to increase profits...
Settlement reached in lead paint toy litigation
Posted on October 17, 2009A product liability settlement has been reached in the largest recall of children?s toys in recent history by Mattel. In 2006 and 2007, Mattel recalled over 14 million toys in the U.S. alone due to excessive lead or lead paint. In Illinois, Mattel withdrew toy blood-pressure cuffs after the Illinois Attorney General found lead in the plastic...
Case Law Update: Summary Judgment in Duty of Care
Posted on October 17, 2009Qureshi v. Ahmed, No. 1-08-0795 (9-30-09) asked whether defendants owed a duty to protect a 10-year old girl from danger of treadmill at their home. The court cannot conclude as matter of law that defendants owed no duty based on open and obviousness of danger of treadmill; the trial court did not expressly describe risk of harm of treadmill, thus court cannot assess whether danger would be open and obvious to a child...
Larry King focuses on ground beef safety
Posted on October 17, 2009Monday night?s ?Larry King Live? explored the food poisoning linked to ground beef contaminated with E. coli bacteria. It has sickened, paralyzed, and even killed some people. To read more about the Larry King ground beef story.
Home repairs will cost millions
Posted on October 16, 2009After touring homes built with Chinese-made drywall, CPSC officials learned that repairing the Chinese-made drywall is going to be expensive to fix. One local builder told the visitors that the product liability cost her company more than $5 million. To read more about the home repairs...
Case Law Update: Duty of Care in School Maintenance
Posted on October 16, 2009Madden v. F. H. Paschien, S. N. Nielson, Inc., No. 1-07-1811 (9-30-09) affirmed that a design consultant and construction manager owed no duty to school maintenance worker who suffered severe injuries from falling into open orchestra pit, as they had no control over premises or plaintiff, no authority to direct work, no decisional power over safety on project or over pit...
HUD secretary to visit drywall tainted home
Posted on October 16, 2009U.S. Housing & Urban Development Secretary Shaun Donovan will join several U.S. representatives and visit a home contaminated by Chinese drywall. A child living in the home has been afflicted with frequent respiratory infections possibly caused by the product liability...
FDA asks judge not to delay tobacco restrictions
Posted on October 15, 2009In response to a lawsuit filed by cigarette makers, the FDA has asked a Kentucky judge not to delay enforcement of new tobacco laws. Such a delay would cause public injury because the new tobacco laws make sure that tobacco products are not marketed as reduced-risk unless they will reduce risks...
Fen-phen litigation award is upheld
Posted on October 15, 2009A federal appeals court this week rejected challenges to the attorney fee award in the fen-phen diet drug litigation. The amount of the product liability award, though large, was deemed not excessive in this extraordinary case. To read more about the Fen-phen litigation award...
The insurance hoax: doctors and patients pay for med mal insurers earnings
Posted on October 14, 2009The American Association for Justice released a report on medical malpractice insurance. Despite record profits, insurers continue to charge large malpractice premiums. The cost of medical malpractice insurance is one of the reasons behind so-called ?tort reform,? but there are obviously other motives...
Tell your Rep we want Fair Elections Now
Posted on October 14, 2009The Fair Elections Now Act offers an alternative to the U.S.?s current pay-to-play system. Under the Act, Candidates for Congress could volunteer to accept donations only from individuals in amounts $100 or less. Right now, there is too much at stake to continue to allow big pharmaceutical companies and other big businesses to finance the elections...
Family sues over teenager?s wrongful death
Posted on October 13, 2009The family of a teenager who died after suffering a hit to the head has filed a brain injury and wrongful death lawsuit against the school and the physician who cleared the boy to play in the game. The physician cleared the boy despite two milder concussions in the previous month...
Injury lawsuit filed against Apple
Posted on September 30, 2009KIRO-TV has reported that an injury lawsuit has been filed against Apple. The injury lawsuit claims that an iPod Touch suddenly caught fire while in his pocket. The lawsuit is seeking more than $200,000 in damages. To read more about the Apple injury lawsuit...
Baby food maker looks into glass contamination claims
Posted on September 30, 2009The Associated Press reports that a baby food maker says that it will look into a report by a day care provider who says that she found a piece of glass in a jar of sweet potatoes. The woman who notified the FDA says that she opened the sealed jar and found the glass...
Investigation reveals drinking water at schools contains unsafe toxin levels
Posted on September 29, 2009The Washington Post reports that the drinking water at thousands of schools has been found to contain unsafe levels of lead, pesticides, and dozens of other toxins. Contaminants threatening personal injuries to school children have been found in public and private schools in all 50 states...
Judge approves Chrysler wrongful death settlement
Posted on September 29, 2009The Associated Press is reporting that the bankruptcy court has approved a $24 million settlement in the wrongful death of a California longshoreman who was killed by a Dodge pickup. The settlement comes after a jury awarded damages of more than $55 million to the family of another wrongful death victim...
57 lots of pediatric Tylenol products recalled
Posted on September 28, 2009The Associated Press has reported that Johnson & Johnson is voluntarily recalling 57 lots of infants? and children?s liquid Tylenol products because of possible bacterical contamination. All of the products being recalled were made between April and June 2008...
FDA announces the examination of medical device approvals
Posted on September 28, 2009The FDA recently announced that it will ask the Institute of Medicine to examine the approval process for medical devices. The process is meant to streamline the approval of medical devices, but consumer groups have expressed concern that the process is being used for devices that are particularly high risk for product liability...
CPSC announces Chinese drywall findings will be available in November
Posted on September 27, 2009The Consumer Product Safety Commission announced this week that its findings on the product liability effects of Chinese drywall will not be available until November. Homeowners say that the Chinese drywall has resulted in personal injuries and corroding wiring throughout their homes...
Illinois car accident lawsuit results in $25 million verdict
Posted on September 27, 2009Aboutlawsuits.com has reported a $25 million verdict for a paraplegic car accident lawsuit. The car accident plaintiff was permanently disabled in a car accident at a red light. The accident occurred in the Chicagoland area in 2004 when a man struck the victim?s car while the two were crossing an intersection...
$49 million awarded in personal injury lawsuit
Posted on September 26, 2009The Recorder is reporting that a jury has awarded $49 million in personal injury damages to a college student. The injury lawsuit stems from injuries the student received when he was on his way to a camping trip when two trucks collided and struck the car he was riding in...
Tire tread separation lawsuit results in $12 million verdict
Posted on September 26, 2009Aboutlawsuits.com is reporting that $12 million jury verdict has been awarded to 12 year-old boy for personal injuries suffered in an automobile accident that was alleged to have been caused by tire tread separation. As a result of the accident, the young boy was left paralyzed and six others were killed...
Denture cream overuse sparks liability suits
Posted on September 25, 2009Too much reapplication of denture cream ? a common practice when dentures do not properly fit ? may be the cause of serious personal injuries. The injuries appear to stem from the zinc contained in denture cream. While the level is allegedly safe when used in small amounts, the product proved defective for some users...
Federal agencies at fault for lag-time on school lunch food recalls
Posted on September 25, 2009A recent Government Accountability Office report found that federal agencies that supply food for 31 million schoolchildren do not insure that tainted products are quickly pulled from cafeterias. Delays such as those found raise the risk of children being sickened by contaminated food...
Greyhound sued over woman?s personal injuries
Posted on September 24, 2009A personal injury lawsuit has been filed against Greyhound after an 86 year-old woman tripped over apiece of concrete and fell. She received personal injuries to her right elbow and fractured her right hip. She spent five weeks in physical therapy. To read more about the personal injury lawsuit...
Couple files wrongful death lawsuit after botched circumcision
Posted on September 24, 2009A couple has filed a wrongful death lawsuit after their six week-old son died after a circumcision at an Indian reservation hospital. The six week-old died after massive blood loss. The couple seeks $2 million for personal injury and wrongful death damages...
Denture cream makers sued over alleged zinc poisoning
Posted on September 23, 2009More than two dozen product liability lawsuits have been filed against two companies whose products are said to cause users to take in excess amounts of zinc. The AP points out that the amount of zinc found in the recommended application of denture cream is similar to the amount found in a six-ounce hamburger and the majority of users report no personal injury problems...
Dannon settles health claims
Posted on September 23, 2009The Dannon Co. has announced that it will reimburse consumers for up to $100 Activia and DanActive yogurt purchases. It also plans to change its marketing and labeling to settle a class action product liability lawsuit. The lawsuit, filed in 2008, alleges that Dannon overstated the yogurt?s health benefits...
Case Law Update: Joint and Several Liability
Posted on September 22, 2009Sakellariadis v. Campbell, No. 1-07-2845 (5-29-09) involved a plaintiff who sued two drivers for injuries sustained in separate accidents 3 months apart. The jury apportioned fault at 50% for each defendant. One defendant settled prior to verdict, and the trial court properly entered judgment for 50% against remaining defendant, rather than the entire verdict less the amount of settlement...
FDA raises Phenergan warning
Posted on September 22, 2009The New York Times has decided to require makers of an intravenous anti-nausea drug to put a strict warning on its label. The drug, Phenergan (also known as promethazine), can cause gangrene and serious tissue damage when injected into an artery. The FDA?s ruling resulted after reports of severe personal injuries from arterial injections...
Chicago personal injury lawsuit reaches settlement
Posted on September 21, 2009A Chicago car accident lawsuit has settled for $175,000. The personal injury victim caused the plaintiff cervical and thoracic injuries. To read more about the car accident lawsuit.
Baby?s burn from hash browns results in lawsuit
Posted on September 20, 2009A mother has filed a personal injury lawsuit against a Dunkin? Donuts for her baby?s injury from eating hash browns. The personal injury lawsuit claims that the toddler sustained severe burns by eating scorching hash browns. To read more about the burn injury lawsuit...
Student seeks $1 million in hazing lawsuit
Posted on September 19, 2009A student is seeking $1 million in personal injury lawsuit damages after he was allegedly hazed by fraternity members during an initiation. The student suffered a severe injury to his left leg during hazing that caused him to incur substantial medical epenses...
Sears and equipment maker want dismissal from treadmill lawsuit
Posted on September 18, 2009A popular store and fitness equipment manufacturer are seeking dismissal from a personal injury lawsuit. The personal injury victim and her husband filed the lawsuit after the woman fell and broke both of her arms while running on a treadmill. To read more about the treadmill lawsuit...
Motorcycle accident lawsuit settles for $1.25 million
Posted on September 17, 2009An Illinois motorcycle accident lawsuit has recently settled for $1.25 million. The personal injury lawsuit involved a negligent left-hand turn that resulted in an accident between a motorcycle and a vehicle. The personal injury victim suffered vertebral fractures and other trauma...
Forced arbitration: unfair and everywhere
Posted on September 17, 2009Mandatory binding arbitration is everywhere, according to a recent study by Public Citizen. In most cases, consumers are stripped of their right to go to court over disputes when they open a bank account, a credit card account, obtain cell phone service, hire a stockbroker, or buy a house...
Illinois dog bite lawsuit settles for $145,000
Posted on September 16, 2009An Illinois personal injury victim who suffered numerous dog bites and developed PTSD after being attacked by a German Shepherd dog has settled his personal injury lawsuit for $145,000. To read more about the Illinois dog bite settlement.
Family awarded $3.8 million in pool lawsuit
Posted on September 16, 2009A jury returned a $3.8 million pool lawsuit verdict last week against a hotel in a lawsuit filed by the family of a 19-year old football player. The 19 year-old suffered severe personal injuries that resulted in his wrongful death two years ago while swimming in the hotel?s pool...
Case Law Update: 7th Circuit Discovery
Posted on September 15, 2009Gotham Holdings, LP v. Health Grades, Inc., No. 09-2377 affirmed that the district court did not err in enforcing subpoena requiring defendant to turn over certain documents relating to arbitration award even though defendant argued that it could not do so due to existence of confidentiality agreement it had with third-party to keep information contained in said documents secret...
Case Law Update: Summary Judgment in Slip and Fall
Posted on September 15, 2009Ciciora v. CCAA, Inc. No. 08-1099 (9/4/09) affirmed that the district court did not err in granting defendants' motion for summary judgment in action seeking recovery for personal injuries sustained when plaintiff fell on patch of ice on shoveled sidewalk leading to entrance of defendants' restaurant...
$2.9 million settlement issued in personal injury lawsuit
Posted on September 15, 2009A personal injury victim who lost his leg in a personal injury accident in 2006 received a $2.9 million settlement. The amount of the settlement is extremely notable because it may be the largest settlement ever negotiated in a tribal lawsuit. To read more about the $2...
IKEA sofa beds recalled
Posted on September 14, 2009The Consumer Safety Product Commission has issued a product recall for 500 IKEA KARLSTAD sofa beds. The sofa beds are being recalled due to a federal mattress flammability standard violation. To read more about the product recall.
Case Law Update: Evidence in Conflicts of Law
Posted on September 14, 2009Gleim v. Roberts, No. 1-08-1332 (9-1-09) affirmed that because the parties sought declaration of choice of law, Defendants must make record through evidentiary hearing to show conflict of laws, and to establish that Indiana law applies, or the forum state's (Illinois) law will apply in the absence of a conflict of law as established on the record...
California fines 12 hospitals for violations resulting in injuries and death
Posted on September 13, 200912 California hospitals have been fined $25,000 each in administrative penalties for violations that in some cases led to wrongful death or serious personal injuries. One of the violations included a situation where nursing staff failed to ensure appropriate drainage that led to severe brain injury...
Illinois Woman Files Lawsuit after Boat Crash
Posted on September 12, 2009A woman who was seriously personally injured when a boat she was on crashed into another boat and capsized has filed a personal injury lawsuit against the boat?s operator. The woman was on an Illinois lake when it collided with another boat. The boat capsized, throwing the woman into the water...
$15 Million awarded to Chicago family in wrongful death lawsuit
Posted on September 12, 2009A Cook County Circuit Court judge has approved a $15 million settlement in a wrongful death lawsuit filed by a Chicago family. The wrongful death lawsuit followed a private plane crash in 2006. To read more about the Chicago wrongful death verdict.
Implicated drywall manufacturers about to increase
Posted on September 11, 2009The number of Chinese drywall manufacturers responsible for the personal injuries plaguing U.S. homeowners may be about to increase substantially. 36 separate variations of tainted drywall have been found. To read more about the Chinese drywall manufacturers...
National Highway Traffic Safety Administration investigating airbag recall
Posted on September 10, 2009The NHTSA is investigating whether Honda delayed the product recall of almost 440,000 vehicles for an air bag defect that could allow shards of metal to hit the driver. The agency has a lot of questions about why last year?s recall was so small and suddenly grew so much...
85 year-old woman suing after E. coli outbreak
Posted on September 09, 2009An 85 year-old woman is suing the growers, packers, distributors and sellers of spinach involved in a deadly 2006 E. coli outbreak. The personal injury plaintiff states that she almost died after eating spinach in 2006. She suffered renal failure, a stroke, cognitive impairment, a collapsed lung, and a pulmonary embolism...
Concern about diet supplements growing
Posted on September 08, 2009There has been increased public concern about personal injuries from herbal remedies and other supplements such as the banned weight-loss supplement ephedra, noting that the outcry has been multiplied by a recent FDA report on potential dangers from natural supplements containing other substances not listed on ingredient labels...
Case Law Update: Summary Judgment in Slip and Fall Cases
Posted on September 07, 2009Reed v. Galaxy Holdings, No. 1-08-2443 affirmed a case where the plaintiff fell on puddle of water which had been tracked in from outside, on rainy day, when stepping from mat in entranceway of store onto bare floor of vestibule. Plaintiff made no allegation that water was anything other than natural accumulation, and Defendant store had no duty to remove water, regardless of store having not followed its usual protocol of warning signs and mopping on rainy days...
Some municipalities inspecting dangerous light towers
Posted on September 07, 2009Some cities are inspecting potentially dangerous steel lighting towers at stadiums and parks. Across the country, large stadium and park light poles are collapsing unexpectedly and could cause serious personal injuries. The CPSC released the first list of all of the parks with light towers product liability concerns...
Case Law Update: Res Judicata in Strict Liability
Posted on September 06, 2009Kiefer v. Rust-Oleum Corporation, No. 1-08-2879 affirmed that the res judicata element of "final adjudication on the merits" can be satisfied even where a court's dismissal of strict liability count did not specify whether it was with or without prejudice, and where plaintiff was granted leave to file amended complaint...
Toyota accused of hiding relevant evidence
Posted on September 06, 2009Toyota has been in the news amid accusations that the company hid and destroyed relevant evidence in more than 300 rollover accident lawsuits. Toyota was fined $139,000 in 2005 for failing to provide discovery that distorted the function of the trial...
First Chinese drywall trial to be held in January
Posted on September 05, 2009The U.S. District Judge presiding over hundreds of Chinese drywall lawsuits stated his plans to hold the first trial in January. The parties have agreed to inspections of 30 properties reported in order to establish a system that can be used in various trials...
Pfizer settles $2.3 billion government lawsuit
Posted on September 04, 2009Pfizer has agreed to pay a record $2.3 billion in fees for off-label marketing. Officials at the departments of Justice and Health and Human Services called the agreement with Pfizer a cautionary example of policing errant health-care business. Pfizer will pay $1...
Illinois family obtains $3.2 million verdict in wrongful death lawsuit
Posted on September 03, 2009The family of an Illinois man employed by a masonry subcontractor recently obtained a $3.2 million personal injury lawsuit verdict. The Cook County victim sustained fatal injuries when he fell three stories at a construction site. The wrongful death victim's family claimed that the defendant filed to maintain a safety program and failed to eliminate fall hazards...
Report finds some Midwestern states have too many unsafe trucks
Posted on September 02, 2009An AAJ report based on analysis of government data recently found that there are too many unsafe trucks in some Midwestern states. One Midwestern state has the third-highest rate of truck companies per population in violation of federal safety requirements...
Illinois editorial addresses that fairness requires accountability
Posted on September 02, 2009A recent Illinois editorial, written by Peter Flowers, president of Illinois Trial Lawyers Association, addresses the blame that is often placed on the Illinois court system. The editorial addresses that the attempts to ensure the consumer has rights is the essence of fairness, justice, and equity...
Cigarette companies will have to graphically depict dangers of smoking
Posted on September 01, 2009A recent article highlighted that within three years, the FDA will require tobacco companies to cover at least half of the front and back of cigarette packages with graphic (and maybe gruesome) images demonstrating the product side-effects of smoking...
Illinois sues power generator over emissions
Posted on August 31, 2009The Chicago Tribune recently reported that the Justice Department and the State of Illinois has filed an injury lawsuit against a company in Illinois that runs six coal-fired power plants. The safety lawsuit claims violations of the federal air pollution law...
Jury awards $4.4 million to a family in fatal traffic accident
Posted on August 31, 2009A jury has awarded nearly $4.4 million to the widow and children of a man who suffered fatal injuries in 2006 when he tried to swerve around backed-up traffic and hit other vehicles. The wrongful death lawsuit alleges that the state failed to post proper signage warning motorists about traffic delays...
Toys ?R? Us launches used baby-product exchange program
Posted on August 30, 2009In an attempt to remove dangerous products from the market, Toys ?R? Us is launching an exchange program. Consumers can bring used baby products such as cribs and car seats in exchange for 20% discount coupons on new products. The company is hoping that this move will keep potentially dangerous children?s products from being resold...
Maytag recalls refrigerators because of fire hazard
Posted on August 29, 2009Maytag has issued a product recall for roughly 46,000 refrigerators under the Maytag, Magic Chef, Performa and Crosley brand names, due to a potential fire hazard. About 1.6 million similar refrigerators were recalled in March. Maytag has reported receiving 23 more reports of refrigerators catching fire...
Vehicle safety tests to become more rigorous
Posted on August 28, 2009Beginning with 2010 vehicle models, the Insurance Institute for Highway Safety will require that vehicles will meet higher standards for roof strength in order to receive it top safety pick rating. Further, beginning with 2011 models, the National Highway Traffic Safety Administration will make crash tests more rigorous...
Jury awards punitive damages to smoker?s daughter
Posted on August 27, 2009$13.8 million has been awarded to a smoker?s daughter. The tobacco liability lawsuit was filed against Philip Morris in April 2001 on the grounds of fraud and product liability. To read more about the tobacco liability award.
Supermarkets sued after managers strip searched customers
Posted on August 26, 2009A man has filed a lawsuit against a supermarket chain this week. The personal injury lawsuit states that the man was wrongfully accused of shoplifting and was asked to take off his clothes for a strip search by store managers. To read more about the supermarket lawsuit...
$2 million dental malpractice jury verdict
Posted on August 26, 2009A patient has recovered a $2 million jury verdict award against the dental clinic that accidentally pulled 13 additional teeth. The jury ruled against the dental clinic in a dental malpractice lawsuit. In the lawsuit, the plaintiff asserted that she suffered personal injuries in that dentists pulled all 16 of the patient?s top teeth...
Construction accident lawsuit alleges injuries from unsafe work site
Posted on August 25, 2009A man has filed a personal injury lawsuit against several companies. The personal injury lawsuit alleges that the companies were responsible for a construction site accident, where a sheetrock fell on the plaintiff and caused a severe personal injury to the plaintiff?s leg...
Chinese drywall imported to islands
Posted on August 25, 2009Potentially defective Chinese drywall was imported to several islands. The Consumer Products Safety Commission stated that more than 20,000 sheets of Chinese-made drywall made their way on to those islands in 2006. So far, consumers in 24 states have filed a total of 877 Chinese drywall complaints...
Truck accident lawsuit results in $1 million verdict
Posted on August 24, 2009A woman injured in a truck accident received a jury award of over $1 million last week for personal injuries. The personal injury victim suffered a severe leg fracture that required two surgeries. The truck accident lawsuit alleged that the collision occurred when a gas tanker ran a red light and collided with her vehicle...
Defective infant bassinets recalled
Posted on August 24, 2009The U.S. Consumer Product Safety Commission renewed a product recall on defective infant bassinets. The announcement outlined the defects and recall. If you think you may have one of the recalled bassinets, please check the announcement immediately. To read more about the defective bassinet recall...
Chicago wrongful death lawsuit filed against the Chicago Cubs
Posted on August 23, 2009A Chicago wrongful death lawsuit has been filed against the Chicago Cubs. The lawsuit alleges that the death of 21 year-old resident was caused when a dilapidated building on the Cubs property collapsed. The wrongful death lawsuit was filed in Cook County Circuit Court and seeks in excess of $50,000 in damages...
Chicago injury lawsuit alleges medication from school caused death
Posted on August 23, 2009A Chicago injury lawsuit has been filed against a Chicago high school for a death this year. The wrongful death lawsuit alleges that the medication provided by the school-based health clinic caused the death. The lawsuit names the Chicago Public Schools and Advocate Illinois Masonic Medical Center, who operates the high school clinic, as defendants...
Spinal cement injury subject of product liability lawsuit
Posted on August 23, 2009A product liability lawsuit has been filed against the maker of a brand of spinal cement. The lawsuit alleges that the product leaked into the plaintiff?s pulmonary arteries and causing him to suffer respiratory problems following surgery. To read more about the spinal cement injury lawsuit...
Lilly to pay $22.5 million to settle Zyprexa lawsuit
Posted on August 23, 2009A drug maker Eli Lilly & Co. has agreed to pay over $22.5 million to settle a product liability lawsuit in which an attorney general accused the drug maker of improperly promoting the antipsychotic Zyprexa. In recent years, the company agreed to pay $2...
Airplane air may not be safe
Posted on August 21, 2009According to a recent MSNBC article, numbers of air travelers have complained of experiencing tremors, crippling headaches, and other neurological problems after breathing strong fumes in flight. Numerous studies now blame the personal injuries from the airplanes on a ?bleed air system? which is used on almost all commercial jets...
Elderly plaintiff receives $550K Illinois personal injury settlement
Posted on August 21, 2009An elderly Cook County plaintiff suffered a fractured hip when she was struck by a moving company employee. The plaintiff was moving into a retirement home when the incident occurred. The Illinois personal injury lawsuit recently reached the settlement...
Cook County slip and fall lawsuit settled for $325,000
Posted on August 20, 2009A Cook County personal injury plaintiff received a $325,000 settlement for a slip and fall accident at a theater. The slip and fall victim suffered tendon ruptures while walking on steep and uneven steps that lacked anti-slip tape or stair nosing. To read more about the slip and fall lawsuit settlement...
Railroad injury lawsuit reaches $2 million settlement
Posted on August 20, 2009A Chicago personal injury lawsuit recently reached a $2 million settlement, according to the Law Bulletin. The settlement reached was for the plaintiff?s personal injuries sustained when the commuter train he was on derailed. He sustained spinal damage and broken ribs...
Case Law Update: Pre-Trial Procedure in Voluntary Dismissal
Posted on August 20, 2009Eskridge v. Cook County, No. 08-2980 (8/17/09) found that the district court did not err in denying plaintiffs' Rule 60(b) motion to reconsider prior order denying plaintiff's request seeking relief from prior voluntary dismissal order that had been obtained on plaintiffs' motion even though plaintiffs argued that they did not intend for voluntary dismissal to result in precluding them from subsequently proceeding against defendant in state court...
Case Law Update: Diversity Jurisdiction
Posted on August 19, 2009Schur v. L.A. Weight Loss Centers, Inc, No. 07-3761 (8/14/09) found that the district court lacked diversity jurisdiction to enter summary judgment in state-court wrongful death action that had been removed to federal court. While parties were completely diverse at time of removal, Magistrate Judge granted plaintiff's motion to add two non-diverse defendants, which therefore required remand of case to state court...
Bicycle accident victim receives $160K settlement
Posted on August 19, 2009A personal injury settlement was reached after a Chicago bicyclist was turning when he collided with a cab. The bicycle accident plaintiff suffered bilateral ankle fractures. To read more about the Chicago settlement in the Law Bulletin.
Chicago construction accident results in worker death
Posted on August 19, 2009A Chicago construction worker died yesterday morning when the front end loader he was driving fell seven stories to the ground. The Chicago construction accident occurred at a Chicago Housing Authority high rise at 24th and State. The work was part of the demolition of the Harold Ickes Home...
Case Law Update: 1983 Actions
Posted on August 18, 2009Estate of Moreland v. Dieter, No. 08-1478 (8/11/09) affirmed that the district court not err in denying plaintiff's motion for writ of execution seeking to enforce $29 million judgment against defendant in section 1983 action alleging violations of certain constitutional rights arising out of injuries sustained while plaintiff was in defendant's jail, where plaintiff based said motion on retroactive application of 2003 Amendment to Indiana state law requiring defendant to pay certain compensatory damages contained in judgments against its employees...
1.6 million Little Tikes toys recalled
Posted on August 18, 2009The U.S. Consumer Product Safety Commission has issued a product recall for 1.6 million Little Tikes Company toys. An eleven-month old baby was hospitalized for one of the plastic nails wedged in his throat from part of the trucks and workshop sets toys...
Personal injury lawsuit filed against officer
Posted on August 18, 2009A vehicle enforcement officer is a named defendant in a personal injury lawsuit by a man who claims that he was assaulted by the officer during a traffic stop four years ago. The personal injury lawsuit centers on the allegation that the officer repeatedly pistol-whipped him during a traffic stop...
Wrongful death lawsuit filed against restaurant for unsafe ramp
Posted on August 17, 2009A wrongful death lawsuit has been filed against a fast food restaurant for an unsafe ramp. The ramp allegedly caused the death of an elderly woman due to a lack of handrails and a sharp drop off to the park lot, not visible from the victim?s vantage point...
Chicago airport injury lawsuit reaches settlement
Posted on August 17, 2009A Chicago personal injury lawsuit filed by a woman who was injured at O?Hare International Airport has reached a settlement. The Chicago woman claims that she was injured when she slipped and fell on an oily surface while walking through O?Hare. To read more about the Chicago injury lawsuit settlement...
Bank of America announces halt on forced arbitration
Posted on August 16, 2009Following JP Morgan Chase?s announcement in July and the settlement between the Minnesota Attorney General and the National Arbitration Forum, Bank of America has announced that it will halt forced arbitration. In a recent press release, AAJ Associate Director of Federal Relations acknowledged that this announcement is a positive step, but also reinforces the need for Congress to protect consumers from forced arbitration...
Case Law Update: Attorney-Client Privilege in Illinois
Posted on August 16, 2009Illinois Emasco Insurance v. Nationwide Mutual Insurance, no. 1-08-1625 (8/6/09) found that the attorney-client privilege protected from disclosure documents of communications between insurer and its coverage counsel arising in declaratory judgment action as coverage for injury of ironworker during construction project (with $7...
Illinois family files lawsuit after football player suffers traumatic brain injury
Posted on August 15, 2009The family of a high school football player has filed an Illinois personal injury lawsuit against the football coach and the school district. According to the Illinois lawsuit, the personal injury victim suffered a broken collarbone when he was ordered to tackle another team member without any protective equipment...
Case Law Update: Diversity Jurisdiction
Posted on August 15, 2009Buchel-Ruegsegger v. Buchel, No. 07-3515 (8/6/09) affirmed that a diversity court lacked diversity jurisdiction to act on lawsuit filed by plaintiff-dual citizen of Switzerland and U.S. against defendant-citizen of U.S. seeking to enforce money judgment entered by Swiss court...
Victims of Chinese drywall may be able to file lawsuits against Chinese companies
Posted on August 14, 2009Product liability victims of the tainted Chinese drywall have faced a confusing maze of red tape associated with filing lawsuits against defective products. A new bill, co-introduced by Illinois Senator Dick Durbin, aims to remove those obstacles and establish new rules to hold foreign manufacturers more accountable for American personal injuries...
Drug safety lawsuit shows the risk of pharma negligence
Posted on August 14, 2009The recent lawsuits against Merck show that pharmaceutical companies must be held accountable. The drug safety lawsuits claim that Fosamax causes the death of jawbone tissue and lead to jaw removal for several users of the drug. Fosamax is an osteoporosis drug...
Case Law Update: Summary Judgment in 1983 Actions
Posted on August 14, 2009McBride v. Grice, No. 08-3556 (8/11/09) affirmed that the district court did not err in granting defendants' (City and police officer) motion for summary judgment in section 1983 action alleging that police officer lacked probable cause to arrest plaintiff-store owner on battery charge based on employee's complaint that plaintiff had hit her head with closed hand and forcibly removed her from store...
Case Law Update: Qualified Immunity in 1983 Actions
Posted on August 13, 2009Baird v. Renbarger, No. 08-2436 (8/3/09) affirmed a decision that the district court did not err when it denied defendant-police officer's motion for summary judgment based on defendant's claim of qualified immunity in section 1983 action alleging that defendant violated plaintiffs' 4th Amendment rights by using excessive force when pointing submachine gun at plaintiffs while investigating VIN numbers of automobiles on car lot...
Case Law Update: Records in Worker?s Compensation
Posted on August 13, 2009RAG American Coal Co. v. Office of Workers? Compensation Programs, No. 08-1653 (8/5/09) found that the record contained sufficient evidence to support ALJ's award of Black Lung Disease benefits after finding that claimant suffered from substantial pulmonary/respiratory problems, even though different ALJ had denied claimant's similar request in earlier application for said benefits...
Health officials confirm illnesses tied to recalled ground beef
Posted on August 13, 2009Health officials in three states have reported that at least 28 people had reported personal injuries tied to the recalled ground beef that might be tainted with salmonella. The beef was recalled by Beef Packers Inc. of Fresno. To read more about the recalled beef illnesses...
Senate Committee holds hearing on medical devices
Posted on August 13, 2009Last week, a Senate Committee held a hearing on medical devices, specifically the Medical Device Safety Act of 2009. AAJ held a press conference before the hearing and several victims of faulty medical devices attended. One of the victims spoke at the conference and also testified before the committee...
Fosamax drug safety lawsuit begins
Posted on August 12, 2009Merck & Co. faces 900 product liability lawsuits over claims that its osteoporosis drug Fosamax causes the death of jawbone tissue. The first drug safety lawsuit goes to trial tomorrow in a case that may affect all of the others. To read more about the Fosamax drug safety lawsuit...
Chicago boy dies after construction accident
Posted on August 12, 2009A Chicago boy was killed after he was struck in the head by a construction machine driven by his father. The construction accident occurred at a South Side Chicago construction site yesterday morning. The boy apparently fell out of the loader and was hit by its bucket...
Abbott draws FDA heat over Magic Johnson ads
Posted on August 11, 2009FDA has issued a warning letter to Illinois company Abbott Laboratories over its promotional materials featuring Magic Johnson. The warning letter states that the ads are overstating the benefits of the company?s HIV drug. The letter minimizes the product safety risks associated with the drug and overstating the efficacy of the drugs...
Case Law Update: Records in 1983 Actions
Posted on August 11, 2009Indiana Protection and Advocacy Services v. Indiana Family and Social Services Administration, No. 08-3183 (7/28/09) ruled that the district court lacked jurisdiction to consider plaintiff's section 1983 action seeking turnover of mental health records under either Developmental Disabilities Assistance and Bill of Rights Act or Protection and Advocacy for Individuals with Mental Illness Act to determine whether patient was victim of abuse...
Product liability lawsuits filed over pain patches
Posted on August 11, 2009Several product liability lawsuits have been filed against generic drug giant Mylan, Inc. and other pharmaceutical companies related to the manufacture of pain patches. The product liability lawsuits involve the powerful painkiller fentanyl. The product liability plaintiffs attribute 28 deaths to the patches...
Tougher FDA regulation promised
Posted on August 10, 2009The FDA?s new commissioner has vowed that the agency is going to be more aggressive and much faster in responding to enforcing the laws and regulations that govern the safety of drugs, medical devices, and much of the food supply. Over the recent few years, the FDA has faced a larger number of high profile recalls, including the pistachio recall, cookie dough recall, and peanut recall...
Injury lawsuit over lost leg settles for $2.9 million
Posted on August 10, 2009A 68 year-old man has received a $2.9 million personal injury settlement for the pain and suffering that he endured following a 2006 valet-parking accident that caused him to have his right leg amputated above the knee. The injury victim now wears a prosthetic leg and believes that the settlement was fair...
Case Law Update: ADA in Wrongful Termination
Posted on August 10, 2009Casna v. City of Loves Park, No. 07-1044 (7/24/09) found that the District Court erred in granting defendant's motion for summary judgment in ADA action alleging that defendant terminated plaintiff from her administrative assistant position in retaliation for having made internal complaint of discrimination based on her disability...
Baseball stadium injury victim allowed to file lawsuit
Posted on August 10, 2009The parents of a young boy who received personal injuries during a baseball game is able to file a premises liability lawsuit against the minor league team and the city. The court declined to adopt the ?baseball rule? which immunizes stadium owners from liability as long as they have screens protecting those seated behind home plate...
Case Law Update: Forum Non Conveniens in Wrongful Death
Posted on August 09, 2009Glass v. DOT Transportation, No. 1-08-2279 affirmed that the Special Administrator of Estate filed wrongful death action for her father's estate in Cook County, even though probate proceeding was commenced in Champaign County, where decedent and his employer resided, and auto accident occurred in Mason County...
Case Law Update: Qualified Immunity in Section 1983 Action
Posted on August 08, 2009Catlin v. City of Wheaton, No. 07-3903 (7/21/09) affirmed that the district court did not err in granting on grounds of qualified immunity defendants' motion for summary judgment in section 1983 action alleging false arrest and excessive force in connection with incident in which defendants mistook plaintiff for alleged drug ringleader and arrested plaintiff after physical confrontation...
Injury lawsuit filed after car plunges 13 feet
Posted on August 08, 2009A Chicago injury lawsuit has been filed against a parking garage. The lawsuit was filed in Cook County Circuit Court and claims that the partnership failed to comply with several Codes in constructing the parking garage. To read more about the lawsuit against the parking garage...
Case Law Update: Attorney Fees in Removal
Posted on August 08, 2009Wolf v. Kennelly, No. 08-2203 (7/23/09) determined that the district court erred in barring plaintiff from seeking attorney fees from one defendant who unsuccessfully attempted to remove Ill. state court case seeking vacatur of arbitration award. Plaintiff could properly seek fees under 28 USC sec...
Worker sues four companies after injuries near oil rig
Posted on August 07, 2009A worker doing routine maintenance on an oil rig received severe personal injuries when a flange fell from a crane. According to the personal injury complaint, the personal injury victim was helping co-workers replace a flange when it fell from a crane and landed on top of him...
Case Law Update: Negligence in Premises Liability
Posted on August 07, 2009Rogers v. Matanda, No. 3-07-0855 (7/16/09) found that the trial court properly granted summary judgment for pub where Plaintiff fell during his 21st birthday celebration. Plaintiff had consumed 18 mixed drinks, and did not remember exiting tavern or falling...
Merck to pay $80 million to settle Vioxx litigation
Posted on August 07, 2009Merck & Co. anticipates paying $80 million to settle litigation in regards to its former pain drug Vioxx. The U.S. Security and Exchange Commission has terminated its Vioxx investigation, which Merck withdrew from the market in 2004. To read more about the Merck settlement...
Americans on antidepressants have doubled
Posted on August 06, 2009One in ten Americans over the age of six are taking antidepressants ? the double the number in just one decade from just over 13 million to 27 million. Levin & Perconti wants to remind the high number of individuals on antidepressants to be aware of the side-effects associated with antidepressant medications...
FDA approves new Botox warning
Posted on August 06, 2009The FDA recently announced that it approved a new warning on Allergan Inc.?s Botox about the possibility of life-threatening breathing or swallowing problems. The FDA also said that it is changing the generic names for Botox to avoid medication errors...
Families to testify in favor of Medical Device Safety Act
Posted on August 05, 2009Two families are offering testimony in the nation?s capital today in favor of the proposed Medical Device Safety Act. One family is scheduled to talk about their 16 year-old son who was dependent on a pacemaker. His family believed that his death was related to a problem with the pacemaker device...
Lawsuits filed against medical device maker
Posted on August 05, 2009A personal injury and product liability lawsuit has been filed against C.R. Bard Inc., a medical device maker. The lawsuit contends that the company made a defective device. The product liability victims claim that the use of the device to treat pelvic organ prolapse caused them personal injuries...
Personal injury lawsuit filed against Wolfgang Puck
Posted on August 04, 2009A personal injury lawsuit has been filed against Wolfgang Puck. The victim claims that she slipped and fell on the floor because of an overly slick finish on the wood floor. She suffered disabling and serious personal injuries. To read more about the personal injury lawsuit...
Injury lawsuit filed against McDonald?s for hot tea burns
Posted on August 04, 2009A personal injury lawsuit was recently filed against McDonald?s. The personal injury victim claims that she was burned by McDonald?s hot tea when the lids were not secured properly. The result was severely scarred thighs when the scalding tea spilled in her lap in the drive-thru...
Case Law Update: Duty in Negligence Cases
Posted on August 04, 2009Strickland v. Kotecki, No. 3-07-0831 (7/21/09) regarded plaintiffs filing suit for injuries sustained when husband jumped over a fence to prevent Defendant from committing suicide. Plaintiff sufficiently alleged a duty and other requisite elements of negligence and thus trial court erred in dismissing complaint...
E-cigarette maker says it will continue despite FDA warning
Posted on August 03, 2009The e-cigarette manufacturer says that it will continue to market its device despite the FDA warning that the e-cigarette could post health risks. Some of the samples tested in the e-cigarette brands contained human carcinogens and tobacco impurities suspected of being harmful to humans...
Texting drivers 23 times more likely to crash
Posted on August 03, 2009A recent study shows that text messaging while driving is by far the most dangerous driving distraction. The 18 month study was conducted with long-haul truckers, but researches add that the high risk associated with texting applies to all drivers. While texting, drivers are 23-times more likely to be involved in a car crash...
Case Law Update: Personal Injury in Automobile Accident
Posted on August 03, 2009Mills v. McDuffa, No. 2-08-0305 (7/21/09) determined that when plaintiff filed 735 ILCS 5/2-1401 petition for relief from judgment after his personal injury complaint for auto accident was dismissed for want of prosecution. Plaintiff failed to establish, as a matter of law; that he was entitled to such relief, and thus petition should not have been granted...
House set to vote on food safety bill
Posted on August 02, 2009The House is expected to vote on a multibillion-dollar food safety bill, touching ever facet of the U.S. food supply chain. The bill?s full impact is not known yet, but consumers are supposed to be safer. To read more about the House food safety vote...
Florida student awarded $1.6 million in school bus crash lawsuit
Posted on August 02, 2009A jury deliberated for three hours in a bus crash injury lawsuit before finding the school district negligent in a bus crash that severely injured a 16 year-old boy. The boy and his parents received $1.625 million in personal injury damages, which his mother said will be used to pay for his continuing medical care...
Chicago man killed in elevator shaft fall
Posted on August 01, 2009A 61 year-old Chicago man died Monday night after falling seven stories down a Chicago elevator shaft. The Chicago injury victim was discovered at the bottom of the shaft. Witnesses saw the man walk into the open elevator on the seventh floor and plummet to his death...
WHO elevates tanning beds to top cancer risk level
Posted on August 01, 2009The World Health Organization elevated tanning beds, used by tens of millions of people for indoor tanning, to its highest cancer risk category. Research has left no doubt about the personal injury risks associated with the use of tanning beds in developing cancer...
4 hurt in Chicago area railing collapse
Posted on July 31, 2009Four people received personal injuries Monday night when a second-story apartment railing collapsed in a Chicago south suburb. The fall was about 10 to 15 feet. As opposed to the 2003 Chicago porch collapse where 50 people received personal injuries and 13 people died, this collapse involved concrete and metal construction...
Congress weighs federal oversight of cemeteries following Burr Oak
Posted on July 31, 2009The Chicago Tribune reports that following the testimony of victims of the Burr Oak cemetery scandal, congressional leaders left Chicago to push for legislation for federal oversight of the cemetery industry. The hearing was held to document the horrors of families whose loved ones may be among those hundreds discovered at the Chicagoland cemetery in an alleged scheme for money...
Chicago warehouse employee dies from workplace accident
Posted on July 30, 2009A Chicago warehouse employee died Monday morning after being injured in a workplace accident. While at a Chicago warehouse, the workplace injury victim was hit by slabs of stone. The man suffered blunt trauma and multiple fractures from being hit with marble slabs at a marble warehouse...
Woman killed in steel accident
Posted on July 30, 2009A Merillville woman was killed in a workplace accident over the weekend at an Indiana Harbor East plant in East Chicago. The accident wrongful death victim sustained blunt force trauma as a result of an accidental death. To read more about the wrongful death steel accident...
$70,000 jury award in corrections workers comp case
Posted on July 29, 2009A jury awarded $70,000 to a corrections officer for economic and emotional damages stemming from violations of workers compensation laws. The workers compensation victim had suffered a knee injury while on the job, requiring surgery. To read more about the $70,000 workers comp jury award...
Injury lawsuit filed against Costco
Posted on July 29, 2009A product demonstrator at Costco suffered personal injuries when a store employee rolled a flatbed over her ankle. The injury victim has filed a personal injury lawsuit against Costco. The personal injury plaintiff alleges that the incident caused personal injuries to her right shoulder and left ankle that required surgery...
Doctor tells House panel about rising medical bankruptcies
Posted on July 28, 2009A doctor who co-authored the first nationwide study on the medical causes of bankruptcy will testify today at 11am before a House subcommittee. The doctor will testify on the alarming rise in the share of all bankruptcies caused by medical illness and medical bills...
Pfizer goes to trial on first suicide claim
Posted on July 28, 2009The world?s biggest drugmaker will enter the courtroom this week on product liability claims that its epilepsy medication Neurontin raises the risk of suicide. The plaintiff attorneys claim that they are about 1200 other product liability lawsuits. To read more about the Pfizer product liability lawsuit...
Jury returns $1.25 million verdict to sulfuric acid spill victims
Posted on July 27, 2009A personal injury defendant was ordered by a jury to pay damages of more than $1.25 million to six people personally injured from a sulfuric acid spill. The defendant has been found liable for personal injuries such as skin burns, eye irritations, and respiratory and eye problems sustained...
Family awarded $3.4 million for mesothelioma wrongful death
Posted on July 27, 2009Relatives of a California man who wrongfully died from mesothelioma lung cancer after exposure to asbestos has been awarded $3.4 million in wrongful death damages. The wrongful death lawsuit accused the defendant mining company of negligence, products liability design defect, and products liability failure to warn...
Should software companies be subject to product liability lawsuits?
Posted on July 27, 2009A recent Newsweek online article looked into the possibility that software companies may soon be subject to product liability lawsuits for flaws in their programs that allow hackers in. A likely defendant in a lawsuit like this would be Microsoft, simply because its software is everywhere...
BioSensory mosquito monitor recall
Posted on July 26, 2009A product recall has been issued for approximately 70 units of Mosquito Trans and 1500 units of Bed Bug monitors. The voluntary product recall was issued after the company discovered the two products are cut and burn hazards. The CPSC announced the product recall on July 7...
Company recalls cilantro because of salmonella discovery
Posted on July 25, 2009A company is recalling 104 crates of cilantro over product liability concerns. Recent FDA testing found the presence of salmonella in cilantro, but no personal injuries have been reported. To read more about the cilantro recall.
Fan distributor pays $587,000 penalty
Posted on July 25, 2009A distributor of fans has agreed to pay more than $500,000 to settle a complaint that it was slow in reporting a product defect and fire hazard. The settlement is part of a settlement reached with the Consumer Product Safety Commission and resolves allegations that the company knowingly failed to report to the CPSC that the fan posed a risk of fire...
FDA issues recall of weight loss drugs
Posted on July 24, 2009The FDA along with a weight-loss and skin-care company have recalled hundreds of weight-loss pills after they were found to contain ingredients not listed on the products? labels. No illnesses or personal injuries have been reported to date. To read more about the weight loss drug recall...
Teva recalls thousands of vials of anesthetic propofol
Posted on July 24, 2009Teva Pharmaceutical has issued a product recall for certain lots of its powerful anesthetic propofol because elevated levels of toxins were found in the lots. More than forty patients experienced personal injuries such as post-operation fever, chills, and flu-like symptoms which stopped when the patients stopped taking the propofol...
Settlement reached over 2004 mercury spill
Posted on July 23, 2009Residents who filed a personal injury lawsuits alleging that they were exposed to mercury and sickened when a building was vandalized in 2004 have reached a settlement. The settlement finalized last week involves an undisclosed sum of money and resolves a 2006 personal injury lawsuit...
$675,000 verdict reached in Cook County trip and fall case
Posted on July 23, 2009A Chicago personal injury law firm obtained a substantial verdict last week in a trip and fall lawsuit that occurred near a coin operated merry-go-round at a mall. The rubber edging of the platform caused the personal injury plaintiff to fall due to negligent design, maintenance, or construction...
Consumers in desperate need of arbitration fairness
Posted on July 22, 2009The American Association for Justice recently highlighted why the NAF settlement underscores the need for Congress to pass Arbitration Fairness Act. The NAF was a large victory for consumers; however, NAF is not the only company that limits product liability victims? rights and forces them into arbitration...
Lawsuits target Zicam maker
Posted on July 22, 2009Some personal injury law firms have begun filing product liability lawsuits against the maker of Zicam Cold Remedy nasal gel. Last month, the maker of Zicam recalled the product after the FDA issued a Zicam warning that some users were experiencing a severe side effect ? they were losing their sense of smell...
Comptroller freezes trust funds of Burr Oak owner
Posted on July 21, 2009The Illinois comptroller has frozen the trust funds of the owner of Burr Oak cemetery, the Illinois cemetery where workers are accused of digging hundreds of bodies in a scheme to resell burial plots. As Levin & Perconti recently blogged about, this ongoing horrific cemetery scandal has been the subject of numerous lawsuits already...
Exposure to Hepatitis C could ignite personal injury lawsuits
Posted on July 21, 2009A hospital recently exposed 6,000 patients to Hepatitis C may be facing personal injury lawsuits. The patients were injected with what they thought was the painkiller Fentanyl. However, a surgical technician had substituted the drug with saline after injected herself because of a drug dependency...
Walmart snakebite victim ponders lawsuit
Posted on July 20, 2009A man who was bitten by a rattlesnake in a Walmart store has recently been released from the hospital. Now, the personal injury victim is weighing whether to file a personal injury lawsuit against the Walmart company. He was sent home with pain medications and instructions on how to care for his snakebite wound...
Chicago car crash results in one wrongful death
Posted on July 20, 2009One thirty-five year old man is dead after a Chicago car crash Sunday morning. Three other people were transported with serious personal injuries to Chicago-area hospitals. The car crash involved five vehicles, but one of the vehicles left the scene of the Chicago car accident...
Safety concerns over diabetes drug rejected
Posted on July 19, 2009International medical experts publicly rejected product safety concerns over a pharmaceutical group?s diabetes drug Lantus. The researchers called for more detailed analysis sparked by product safety issues raised in four studies published last month...
Acetaminophen drops recalled
Posted on July 19, 2009The FDA announced that Brookstone Pharmaceuticals has issued a product recall for its Concentrated Acetaminophen Drops to avoid patients from accidentally overdosing on the products. Currently, as Levin & Perconti recently blogged about, acetaminophen is under scrutiny by the FDA because high doses of the medicine are the leading cause of liver damage...
Amazon sued over cracked Kindles
Posted on July 18, 2009Civil lawsuits have been filed against Amazon by a user of its Kindle 2 electronic book reader. The product liability lawsuit claims that the device has cracked and its screen froze only a few short months after purchase. To read more about the Kindle cracks lawsuit...
Final vehicular homicide lawsuit reaches settlement
Posted on July 18, 2009The final outstanding car accident lawsuit against a man who caused the wrongful death of a teen and the personal injuries of three others in 2006 has reached a settlement and dismissal. The car accident resulted in the wrongful death of a 17 year-old and the personal injuries of two others...
Defendant challenges gas leak award
Posted on July 18, 2009Defendant Exxon is challenging a multi-million dollar jury product liability award. The jury awarded $500,000 per adult and $50,000 per child in non-economic damages in most product liability cases. The lead counsel for Exxon argues that the awards were not based on the facts in the case...
Bicycle accident wrongful death lawsuit settles for $2.3 million
Posted on July 17, 2009The family of a bicyclist killed is receiving a $2.3 million wrongful death lawsuit settlement. The bicyclist suffered fatal injuries in March 2008 when a city police car crossed the centerline of the road and struck the bicyclist. The driver of the vehicle was sentenced to four months in jail and 800 hours of community service in exchange for his plea of guilty to vehicular manslaughter...
Chicago law firms sue over Burr Oak cemetery scandal
Posted on July 17, 2009At least six Chicago law firms are filing lawsuits against Burr Oak Cemetery in Illinois, demanding compensatory damages. The Chicago injury lawsuits also seek a temporary restraining order to allow the families into the graveyard suite. To read more about the Chicago lawsuits...
End of the road for many GM and Chrysler lawsuits
Posted on July 17, 2009In a move that is tragic for product liability clients, product liability plaintiffs with pending injury claims now have little chance of collecting now that GM and Chrysler have completed bankruptcy proceedings. The new General Motors and Chrysler will both be liable for damages caused by cars manufactured after bankruptcy...
Company admits drywall problem and faces lawsuits
Posted on July 16, 2009The Associated Press has reported that Lennar Corp., a homebuilder company, has identified defective drywall in hundreds of homes. It is named in at least 41 product safety lawsuits and has filed suit against the entire supply chain. The CPSC has also been allocated additional funds to investigate the drywall problems...
Instant oatmeal linked to tainted milk products recall
Posted on July 16, 2009Instant oatmeal has been recalled ? the latest product in the latest in a string of nationwide product recalls. The product recalls are linked to salmonella-tainted ingredients distributed by Milk Products Cooperative of Minnesota. Other recalls include hot chocolate mix and some popcorn toppings...
Pharmaceutical company sued over birth control pills
Posted on July 16, 2009A pharmaceutical company that manufacturers birth control pills has been hit with four individual product safety lawsuits. The product safety lawsuits come after the manufacturer reached an agreement with the FDA in 2008 to run a multi-million corrective ad campaign for overstating the benefits of Yaz and downplaying its risks...
CPSC outlines Chinese drywall investigation to Congress
Posted on July 15, 2009Among increased concern about the Chinese drywall liability, the Consumer Product Safety Commission sent a letter to some members of Congress, outlining its process for investigating the drywall product liability. To read a timeline of key events in the Chinese drywall crisis...
Avon product liability lawsuit seeks $200,000 in damages
Posted on July 15, 2009An Illinois product liability lawsuit against Avon seeks damages in excess of $200,000 plus attorneys? fees. The product liability lawsuit alleges that an Avon shower gel caused irritation, itching, sinus infection, urinary tract infection and rectal bleeding in addition to other maladies...
Generic version of Diprivan recalled
Posted on July 15, 2009A couple lots of Diprivan?s generic version have been recalled by the drugmaker. The CDC stated that two lots of the generic version have tested positive for containment. Forty patients reported personal injuries such as high fevers and muscle aches after consuming Diprivan?s generic version...
Burr Oak cemetery declared crime scene
Posted on July 14, 2009The Illinois Burr Oak Cemetery was closed over the weekend and declared a crime scene by police. A recent MSNBC.com article delved into an Illinois mother?s story whose child may have been moved from her burial site. At least ten families have said that they could not find headstones for their children in the section at Burr Oak cemetery known as ?Babyland...
Case Law Update: Evidence in Slip and Fall Case
Posted on July 14, 2009Mister v. Northeast Illinois Commuter Railroad Corp., No. 08-2234 (7/9/09) found that in an action seeking recovery under Federal Employers Liability Act for injuries sustained by plaintiff-railroad worker when he slipped while going to car in employer parking lot, Dist...
Town buried in ash still suffering injuries
Posted on July 14, 2009More than six months after a town was buried in coal ash spilled from a power plant. The spill released potentially cancer-causing chemicals and radioactive materials, according to CNN.com. Some residents have reported new personal injuries since the chemical disaster...
How to report a dangerous product
Posted on July 13, 2009With all of the recently blogged recalled products, Levin & Perconti wanted to make you aware of how you can report an unsafe product to the government if you receive personal injuries. The Consumer Products Safety Commission has an online form to report dangerous products here...
Illinois fire marshal issues smoke detector warning
Posted on July 13, 2009The attorneys at Levin & Perconti have continued to stress the importance of ensuring that homes have working smoke detectors and wanted to share the Illinois Fire Marshal?s instructions with our readers. The Illinois Fire Marshal is asking people to check to see if they are using a recalled smoke detector...
Playpen recall raises child safety concerns
Posted on July 13, 2009The Consumer Product Safety Commission is expected to recall one million play yards, a children?s toy. This product recall raises questions over the safety of products perceived as safe for unattended children. This product recall would follow hundreds of complaints of collapsing sides and reports of 21 injured children...
Dual sensor smoke alarm recalled
Posted on July 12, 2009The Consumer Product Safety Commission has announced the recall of roughly 94,000 smoke alarms. The alarms being recalled are Kidde Model PI2000 Dual Sensor Smoke Alarms. An electrostatic discharge can damage the unit, causing it not to warn consumers of a fire...
Case Law Update: Mailbox Rule in Service of Process
Posted on July 12, 2009Knapp v. Bulun found that the "Mailbox rule" does not extend to mailing of motion to convert respondents in discovery to defendants, because converting respondents requires filing amended complaint and is thus akin to filing new action. Handing amended complaint to judge is not considered "filing", as document must pass into exclusive custody and control of circuit court to be considered filed...
FDA and USDA announce broad food safety initiatives
Posted on July 12, 2009The Obama administration has ordered new action to improve the nation?s food supply and reduce outbreaks of salmonella and E. coli. The rules call for better coordination between agencies, such as the FDA and USDA. The rules aim at reducing salmonella infections from raw or undercooked eggs by 60%...
Chinese drywall concerns focus on radioactive substance
Posted on July 12, 2009The latest product liability concerns regarding the tainted Chinese drywall focus on radioactive substances that could have been included in the product. A radioactive byproduct is commonly used in Chinese-made drywall, but is banned in the U.S. However, no preliminary tests have found it in any problem drywall...
Personal injury lawsuit filed after boy falls ill from beef
Posted on July 11, 2009A boy who became ill after eating sirloin has filed a personal injury lawsuit seeking damages against the beef company. The boy developed hemolytic uremic syndrome, a type of kidney failure, after eating shish kabobs made from the meat. To read more about the personal injury lawsuit...
Six lawsuits filed against Burr Oak cemetery
Posted on July 11, 2009Six civil lawsuits were filed Friday by roughly a dozen families injured by the outrageous actions that have been uncovered at Chicago-area Burr Oak cemetery. The lawsuits name Perpetua and the four criminally-charged employees as defendants and seek damages for the extremely outrageous conduct...
Some asking for warning labels on used Chryslers
Posted on July 11, 2009Like the GM product liability victims being ignored, Chrysler product liability victims were similarly ignored when the bankruptcy court absolved Chrysler of liability for accidents that involve its products sold prior to bankruptcy. Consumer groups are requesting that used Chrysler products carry a warning label that they are not eligible for such product liability claims to safeguard victims? rights...
FDA requiring painkiller makers to add warning box
Posted on July 10, 2009The FDA is going to require painkillers containing propoxyphene, the ingredient used in Darvon and Darvocet, to add a warning box to the label warning potential users of the potential for product liability overdose. In 2006, Public Citizen petitioned the FDA to ban all products containing propoxyphene...
First Lawsuits Filed in Burr Oak Cemetery Tragedy
Posted on July 10, 2009Cook County lawyers are prepared to file the first lawsuits today against Burr Oak Cemetery near Chicago as the number of tragic accounts of loved ones displaced from their final resting place continues to mount. According to ABC News, the relatives of five deceased people buried at Burr Oak are filing the initial complaint...
Tips to prevent drowning
Posted on July 10, 2009As Levin & Perconti has recently blogged, the joy of summer often brings Illinois families to the pool where a hidden risk of drowning remains. The Consumer Product Safety Commission has released a list of tips to prevent pool drowning, such as: having layers of protection fencing or gating the pool; beware of suction drains that can act as entrapments; and never leave a child by the pool unattended...
Instant milk product recalled
Posted on July 10, 2009The FDA issued a product recall for instant milk product. Traditions Meal Solutions, the maker of the milk product, has also participated in the recall of an indefinite number of prepackaged meals in boxes. Consumption can cause serious or adverse health injuries...
Statistics on trampoline injuries
Posted on July 09, 2009With the recent Illinois trampoline injury, the Daily Herald ran the statistics of the 104,752 trampoline injuries from last year. 88% of the injured victims were under the age of 18. Almost 11% of the injuries sustained were head injuries. To read more of the trampoline injury statistics...
Illinois Attorney General issues product recall for 4 million baby floats
Posted on July 09, 2009In the midst of summer pool days, the Illinois Attorney General has issued a good reminder that we must be vigilant in supervising minors in pools. There has been an Illinois product recall for 4 million Aqua-Leisure inflatable baby floats after Illinois consumers reported at least 31 incidents of the float seat tearing, causing infants to fall into the water...
Illinois Attorney General issues warning about defective women?s robes
Posted on July 09, 2009The Illinois Attorney General recently alerted Illinois citizens about the dangers of a full length chenille robe, known to be flammable and known to have caused the wrongful deaths of six individuals nationwide. Five of the six victims were wearing the robes and cooking when the robes caught fire...
GM bankruptcy leaves pending victims behind
Posted on July 08, 2009This weekend, a bankruptcy judge approved the sale of GM. This decision leaves those currently having been personally injured by defective vehicles behind. Those injured by a defective vehicle from the date of sale forward can still pursue a product liability claim, but all pending cases are wiped out by the bankruptcy agreement.
Bed maker recalls 2700 mattresses for fire hazard
Posted on July 08, 2009A mattress manufacturer recently issued a product recall for beds at high risk for fires. The U.S. Consumer Product Safety Commission has recalled approximately 2700 units of mattress sets, including mattresses and mattresses with foundations. The product recall was announced after discovering the products pose a fire hazard...
The product dangers of trampolines
Posted on July 08, 2009Personal injuries from trampolines can be extremely severe, as one Illinois family learned this year. An Illinois family experienced a nightmare over Memorial Day when their 8 year-old accidentally fell through the unzipped netting on the backyard trampoline...
MySpace not liable for offline assaults
Posted on July 07, 2009According to a recent court product liability ruling, social-networking sites cannot be held liable in a sexual assault on a minor that stemmed from a meeting online. The plaintiffs claimed negligence and product liability in their lawsuit, alleging that MySpace failed to put in place age verification software or to keep profiles on a private setting...
Your swimming pool filter could be dangerous
Posted on July 07, 2009With summer in full force, many Chicago residents are spending time in their pools to cool off. However, practice safety when swimming and enjoying the summer pools! Recently, Levin & Perconti blogged about how most the country?s pools are not in compliance with current safety standards...
Product liability lawsuit alleges toxic plane air caused illness
Posted on July 07, 2009A products liability lawsuit filed by a veteran flight attendant states that she has been suffering personal injuries, such as balance and vision problems, arm tremors, and prickly sensations. Her liability lawsuit alleges that her illness stems from a flight that had a misty haze type of smoke on board the aircraft...
Zicam manufacturer expects additional product liability lawsuit
Posted on July 06, 2009Matrixx, the maker of Zicam, expects more product liability lawsuits following the FDA www.fda.gov warning. The company expects this following the FDA?s Zicam caution about the potential of permanent loss of smell from using Zicam cold and allergy products...
Restaurant patron files salmonella personal injury lawsuit
Posted on July 06, 2009A personal injury lawsuit filed against a restaurant alleges that the plaintiff got sick with salmonella for about eight days after eating an entrée. The personal injury plaintiff is asking the court for $25,000 in personal injury damages. To read more about the salmonella personal injury lawsuit...
Chinese experts indicate drywall problems may be caused by synthetic gypsum
Posted on July 05, 2009Some Chinese experts in building materials say that the odors, personal injuries, and corrosions blamed on the Chinese drywall may actually be caused by failure to remove sulfur and contaminants from synthetic gypsum. They add that the problems are not widespread in Chinese drywall...
Two dozen injured in Merrillville bridge collapse
Posted on July 05, 2009Nearly twenty-five people went to area hospitals with personal injuries following a fireworks show on Saturday night in Merrillville, Indiana. The bridge collapsed following a structural failure of the footbridge. Luckily, there were no fatalities reported...
Three dead following fireworks explosion
Posted on July 05, 2009A third wrongful death has been reported following a fireworks truck explosion. One worker died at the scene, and a second worker died about six hours after the blast. To read more about the fireworks explosion.
Monorail crash kills driver at Disney
Posted on July 05, 2009Two monorail trains at Disney World collided today, killing one of the drivers. The train collision occurred at about 2:00 a.m. A second employee was taken to a hospital to be checked, but none of the other seven on the trains received personal injuries...
This Independence Day: another concern about fireworks
Posted on July 04, 2009The EPA is worried about fireworks, according to a recent National Geographic article. This time, the concerns are not about the potential personal injuries from the fireworks themselves, such as burn injuries. This time, it?s the toxic chemical that provides the oxygen needed to burn the fuel ? perchlorate...
Industrial accident victim wins $16.25M settlement
Posted on July 04, 2009An ex-Marine who lost both legs in a gruesome industrial accident has obtained a $16M personal injury settlement. The firm that owns the landfill where the injury occurred and Caterpillar, Inc., the maker of the bulldozer that crushed his legs, agreed to pay the personal injury plaintiff the large settlement mid-trial...
Taser company to soon unveil new Taser X3
Posted on July 03, 2009Taser International Inc.?s newest law enforcement stun gun is about to be unveiled, but the company is keeping quiet about the technology specifics. The company has been the subject of numerous product liability and wrongful death lawsuits over the use of its stun guns...
Illinois recall alert: Kroger recalls ground beef
Posted on July 03, 2009Kroger has recalled ground beef sold in some of its grocery store because of possible E.coli contamination. Illinois stores where ground beef may be recalled include Food 4 Less and Fry?s. The attorneys at Levin & Perconti want you to be careful and look at warnings when you are grocery shopping, especially over the holiday weekend! To read more about the Illinois beef recall...
FDA recommends smaller acetaminophen doses and painkiller bans
Posted on July 03, 2009An FDA panel recommended that prescription Vicodin and Percocet be banned and that over-the-counter acetaminophen drugs contain stronger warning labels. The FDA has found product side effects in that acetaminophen can cause liver damage. To read more about the FDA recommendations...
Push for Singulair to receive black box warning
Posted on July 02, 2009The FDA recently warned the makers of Singulair and three other asthma drugs that the labels must include a dozen mood and behavior changes as possible product side effects. Users of the drugs have experienced severe behavioral product side effects and now there is a push for the drugs to contain a more severe warning...
FDA discusses acetaminophen OD protection
Posted on July 02, 2009The FDA yesterday was considering calling some acetaminophen products off the shelves due to product liability concerns. Makers of drugs you may take daily such as Tyenol and Excedrin tried to dissuade regulators from placing new restrictions on the painkillers...
Drug giant disputes studies linking drug to increased cancer risk
Posted on July 02, 2009Some recent studies have suggested a product liability link between the diabetes treatment Lantus and cancer. Some medical experts have cautioned that the studies are inconclusive. To read more about the drug?s possible link to cancer.
FDA will not shield tobacco firms from tort liability
Posted on July 01, 2009Recently, President Obama signed the FDA tobacco regulation bill into law. The law allows the FDA to require specifications on warning labels and advertising. Additionally, the law specifically states that no provision of the Act modifies or otherwise affects any action or liability under the product liability law of any state...
Chinese regulators come to U.S. to investigate drywall problem
Posted on July 01, 2009Chinese regulators have sent representatives to the U.S. to investigate the tainted Chinese drywall product liability that has hit homes. Two Chinese experts met with CPSC to observe conditions in homes affected by the tainted drywall. To read more about the drywall problem...
Biogen releases information on brain injury side effects
Posted on July 01, 2009Biogen recently released information on a multiple-sclerosis patient who had bad product side effects after taking Tysabri. The patient developed a debilitating brain infection, which was the 13th such infection in a Tysabri patient. To read more about the brain injury side effects...
Court rules employee injured on way to work not compensable
Posted on June 30, 2009A court recently affirmed a Workers? Compensation Board ruling that a prison employee, injured in an automobile accident merely ten feet away from her work?s entrance, did not sustain an accidental injury arising out of her employment. This means that situations like these may not be compensable by workers? compensation...
Company found liable for lead-contaminated paint
Posted on June 30, 2009A jury recently ruled against Sherwin Williams, finding it liable for the personal injuries and illnesses of a boy who ate lead-contaminated paint chips. $7 million in personal injury damages was awarded to the plaintiffs. To read more about the lead liability...
Pharma company seeks laxative?s return to the shelves
Posted on June 30, 2009Thirty-eight drug liability lawsuits were recently consolidated into one against pharmaceutical company C.B. Fleet over two of its laxative drugs. The product liability lawsuits allege that the laxatives have caused serious kidney damage. The company is currently considering ways to put the drugs back on the market...
Builder in facility collapse found negligent in prior collapse
Posted on June 30, 2009Records from a premises liability lawsuit involving the collapse of a different building constructed by the same company shed new light on last month?s Cowboys facility collapse. In that premises lawsuit, the company was ordered to pay about $3.5 million in damages...
5 dead in I-65 car crash
Posted on June 29, 2009A family was killed on Friday when their truck crashed between two semi-trailers on I-65 near Crown Point Indiana. The car crash occurred as traffic backed up because a car was being towed from the interstate. The pick-up caught fire and the blaze spread to the semi that hit it...
Chicago car crash results in 1 death, several injuries
Posted on June 29, 2009A fiery Chicago car crash in the East Garfield Park neighborhood resulted in one death and several people receiving personal injuries. A van had been traveling south in Chicago on California and flipped over on its roof after impact. Two other male teens involved in the car crash received bad burn injuries...
Personal injury lawsuits allege disease contracted in hot tub
Posted on June 29, 2009Personal injury lawsuits were recently filed by two men alleging that they contracted Legionnaire?s disease from a hotel hot tub. The personal injury lawsuits allege that the tub was not properly cleaned during their stay in 2008. Legionnaire?s disease produces symptoms similar to those of pneumonia, which can include high fever, chills, muscle aches, and cough...
GM to maintain legal liability for product liability claims
Posted on June 28, 2009General Motors and the Obama administration have reached a resolution for the carmaker to maintain responsibility for product liability lawsuits filed after it emerges from bankruptcy as a new company. The deal resolves a problem that was raised by several consumer rights groups and personal injury attorneys...
Minor injuries reported after I-80 bus crash
Posted on June 28, 2009Minor personal injuries were reported after a bus struck the back of a semi truck on Interstate 80. The bus driver was the only one to sustain personal injuries. To read more about the I-80 bus crash.
Wife crusades against pool filters that killed husband
Posted on June 27, 2009Almost three years ago, a wrongful death victim died days after he was critically injured when his pool?s two-piece, kettle style pool filter exploded and struck him in the head. Now his wife is focused on spreading the word about the potential danger of certain pool filters...
Seaman seeks $1M after being thrown from truck bed during collision
Posted on June 26, 2009A seaman seeks an excess of $1 million in injury damages from his employer and a woman after being thrown from the bed of a truck during a truck collision. The personal injury lawsuit accuses a business man of negligence, blaming the defendants for severe and disabling injuries...
Personal injury lawsuit filed against grocery store for unreasonably dangerous water puddle
Posted on June 26, 2009A personal injury lawsuit has been filed against a supermarket chain after a man hurt his left knee while shopping more than a year ago. The personal injury plaintiff was unaware of the water and stepped in the puddle, causing his foot to slip out from under him and his left knee to strike the floor sharply...
Zicam maker?s product recall damaging to company
Posted on June 26, 2009For tiny Matrixx Initiatives, the maker of Zicam cold remedies, the June 16 Zicam recall of two of its products was damaging. The herbal nasal gel and swabs were recalled because of reports that some patients lost their sense of smell after using them...
Many Mesothelioma cases go unreported
Posted on June 25, 2009Less than half of asbestos workers diagnosed with mesothelioma file claims for workers? compensation. More interestingly, according to a recent Canadian study, is that those who do file claims do receive compensation. Canadian workers? compensation is similar to the U...
Knorr kosher soup mix recall!
Posted on June 25, 2009FDA has recalled undeclared egg products. The product recall includes Knorr Kosher Soup Mix ? Chicken Vegetable Flavor with Pasta. The soup mix product has been voluntarily recalled because it consists of egg as an undeclared ingredient. When consumed by consumers who are allergic to eggs or have a high sensitivity to eggs, the product can cause serious injuries or life threatening allergic reactions...
Starbucks coffee grinders recalled for laceration hazard
Posted on June 25, 2009Federal regulators and Starbucks Coffee Co. have issued a product recall of nearly 530,000 Starbucks Barista Blade Grinders. The reason for the product liability recall is the potential laceration hazard when using the product. To read more about the Starbucks product recall...
Chicago wrongful death lawsuit filed against Dunkin? Donuts
Posted on June 24, 2009A Chicago wrongful death lawsuit has been filed against an Illinois Dunkin? Donuts. The Illinois lawsuit stems from a night in June 2007 when the wrongful death victim entered the Dunkin? Donuts bathroom. When he did not come out after some time, another customer became concerned...
Personal injury accidents rising
Posted on June 24, 2009Personal injury litigation trend surveys are pointing towards the fact that the number of injury accidents are on the rise. The higher number of accidents leads to a higher number of personal injury lawsuits being filed in various U.S. Courts, likely including Illinois courts...
Transit train crash kills 6, wounds dozens more
Posted on June 23, 2009Yesterday?s commuter train collision in D.C. killed at least six people and resulted in the personal injury of scores of others. Cars of both trains were ripped open and smashed together in the worst train accident in the Metro system?s history. To read more about the devastating train crash...
Children?s hooded sweatshirts recalled for choking hazard
Posted on June 23, 2009Macy?s and federal regulators have issued a product liability recall for 33,000 kiddie hoods. They pose a strangulation hazard. The drawstrings attached to the base of the sweatshirts hoods can get tangled around children?s necks. To read more about the product recall...
State AGs challenging GM?s liability plan
Posted on June 23, 2009Eight state attorneys general are opposing a GM provision that would free the automaker from product liability for vehicle defects. The provision would essential bar accident victims from key legal rights. To read more about the GM liability challenge...
FDA orders stop use on ED drug
Posted on June 22, 2009An erectile dysfunction drug has been recalled for a potentially lethal undeclared ingredient. Federal FDA regulators and the pharma company have issued a recall for all lots of Stamina-Rx. An undeclared substance, benzamidenafil, was found in the product...
Chicago man hit by 2 cars dies
Posted on June 22, 2009A Chicago man has died after a pedestrian car accident this weekend. The 25 year-old Chicago man was walking to a gas station as he was hit by two cars. The first driver left the scene of the car accident without reporting the accident. A search did lead to the arrest of the first driver...
Mixed reaction to FDA tobacco regulation
Posted on June 22, 2009Today, President Obama signed a new product liability bill giving the government new oversight over the tobacco industry. However, as the video above shows, not everyone is considering it a victory.
1 dead and 6 hurt in Illinois train derailment
Posted on June 21, 2009One person has died and six people received personal injuries when a cargo train derailed in Illinois, causing an explosion and a fire. The train in Illinois was carrying chemicals that burned for hours, forcing evacuations of about 600 Chicago-area homes...
Air France will pay $24,500 to crash victims? families
Posted on June 21, 2009As an initial compensation for each victim of the recent airplane crash, Air France will pay families about $24,500. So far, Air France has been in touch with about 1800 relatives of the people who died when the airplane crashed. The company is also providing grief counseling...
Chemical leak at food plant results in one death
Posted on June 21, 2009An ammonia leak at a food processing plant has resulted in one wrongful death and four others receiving personal injuries. The workplace death was caused apparently from severe burns. Preliminary reports said that there was a leak in the line that goes to a machine that freezes the food...
EPA declares public health emergency
Posted on June 20, 2009Earlier this week, the Environmental Protection Agency declared a public health emergency in a small western town. It found that a mine there had blanketed the town with asbestos. To read more about the asbestos health emergency declaration.
Product liability lawsuit filed against Yamaha for ATV accident injuries
Posted on June 20, 2009A woman has filed a personal injury lawsuit against Yahama after she was hurt while riding in one of Yamaha?s Rhinos, a popular all-terrain vehicle. The product liability lawsuit alleges that the plaintiff suffered an injury to her right leg when the ATV rolled over toward the passenger side...
Increasing problem: herbal products avoiding FDA scrutiny
Posted on June 20, 2009The attorneys at Levin & Perconti recently blogged about the FDA?s warning to consumers not to use the homeopathic cold remedy Zicam after allegations that it could result in the loss of smell. Also recently, Hydroxycut was pulled from the market following evidence that it could result in permanent liver damage...
Illinois lawsuit against Crestwood follows personal injury lawsuits
Posted on June 19, 2009The Attorney General of Illinois recently filed a lawsuit against Crestwood, alleging that its decision to tap into tainted well water for more than two decades amounted to outright lies and blatant cover-ups. Class action, Illinois personal injury, and wrongful death lawsuits have also been filed against the Chicago suburb...
Hydroxycut lawsuit filed alleging liver failure caused by the weight loss drug
Posted on June 19, 2009A Midwest man has filed a product liability lawsuit against the manufacturer of Hydroxycut and Wal-Mart, the store from which he bought the weight loss drug. The man has suffered serious personal injuries after taking the drugs for less than a month. He was diagnosed with acute hepatitis with necrosis of the liver...
Man loses sense of smell after taking Zicam
Posted on June 19, 2009One man recently told his story of pharmaceutical liability from taking Zicam. He is among over at least a hundred people who have lost their sense of smell after using one of the Zicam products, according to the FDA. Zicam therapy medicines were never reviewed by the FDA because they are considered homeopathic therapies, not drugs by the FDA...
Personal injury lawsuit alleges defendant was drunk driving
Posted on June 18, 2009According to a personal injury lawsuit filed against an off-duty police officer alleges that he drank heavily at a bar before causing a wrong-way car accident that resulted in the wrongful deaths of four people. Police have said that the defendant in the car accident lawsuit had a blood alcohol count of ...
FDA backs use of antipsychotics for children
Posted on June 18, 2009A FDA panel has approved the use of Seroquel, an antipsychotic, in children and adolescents, stating that the drug was acceptably safe. Currently, the product is safe for use in adults, but the companies were seeking FDA approval to market the products in younger patients...
Senate set for final vote on FDA tobacco regulation
Posted on June 18, 2009The Senate has cleared the last hurdle toward passage of the tobacco regulation bill. A final vote on the regulation bill could come as early as today. The bill would give the FDA authority to impose new rules on the production, sale, and marketing of cigarettes and other tobacco products...
Study states metoclopramide safe for short-term use by pregnant women
Posted on June 18, 2009Recently, two drugs once used for morning sickness were pulled from the market over product safety concerns. A recent study, however, has found that the medication is unlikely to affect the health of the fetus. To read more about the drug safety study...
Case Law Update: Wrongful Death in Asbestos Case
Posted on June 17, 2009Nelson v. Aurora Equipment Company, No. 2-08-0186 (5-29-09) affirmed that the defendant, a former employer of plaintiff's decedent's husband and son, at which they were exposed to asbestos containing materials, owes no duty to plaintiff's decedent for exposure to asbestos fibers from her son and husband's clothing...
Flammable bath robes recalled
Posted on June 17, 2009The U.S. Consumer Product Safety Commission and Blair LLC are again announcing the voluntary recall by Blair of 162,000 women?s full length Chenille Robes. Since the original recall, six more reports of wrongful death have occurred due to the robes catching on fire...
Wrongful death lawsuit filed against doctor
Posted on June 17, 2009As experienced nursing home attorneys, Levin & Perconti has unfortunately seen a lot of situations similar to the story read in the Norwich Bulletin today. The subject of the story, a 76 year-old nursing home abuse victim, had been complaining of hip and leg pains for weeks before a doctor found gangrene in both of his legs...
Case Law Update: Summary Judgment in Personal Injury
Posted on June 16, 2009Rogers v. Matanda, Inc., No. 3-07-0855 (5-29-09) ruled that the trial court did not err when it granted summary judgment, to defendant, tavern property owner, dismissing plaintiff's complaint for personal injuries he sustained when he fell off retaining wall while intoxicated outside of rear exit...
Injured worker receives $13 million verdict
Posted on June 16, 2009In a large work injury verdict, a transit worker won $13 million after falling 30 feet from an elevated subway track. Following his work injury, he was in a coma for two months. The personal injury lawsuit showed that the victim still has lingering brain damage and metal plates bolted inside both arms...
Higher safety measures key to airline safety
Posted on June 16, 2009Congress is currently holding hearings on airline safety and the attorneys at Levin & Perconti are following the latest developments. Enhanced airline safety measures are key to ensuring a minimum safety standard. Airlines must also ensure their pilots are experienced and properly trained...
Matrixx Initiatives receives warning letter from FDA
Posted on June 16, 2009The FDA issued a warning letter to Matrixx Initiatives, Inc., asserting that the company is in violation of its product safety regulations. According to the FDA, Matrixx failed to file a new drug application for its Zicam Cold Remedy Nasal Gel and Zicam Cold Remedy Gel Swabs...
Levin & Perconti hosts American Constitution Society event
Posted on June 15, 2009Levin & Perconti will be hosting an American Constitution Society discussion tomorrow. The discussion is entitled: The Real Iran, Its People, Its Culture and Its Politics: Dispelling Myths and Perceptions featuring discussion leader Marc Whitehead. Mr...
Continued concern about auto bankruptcies for product injury victims
Posted on June 15, 2009Chrysler and GM?s bankruptcy proceedings are continuing to raise concerns and advocates are working hard to ensure that citizens injured by defective vehicles are not excluded or ignored. The Supreme Court refused to intervene in Chrysler?s sale to Fiat unfortunately...
Court finds for employee in workers? comp case
Posted on June 15, 2009A state court ruled recently that an employer cannot avoid work injury liability simply because the help a workers? comp victim receives is provided by his wife. The Justice writing the unanimous decision said that the employer was ignoring the plain language of the workers compensation system, that states it requires employers to pay for the services needed by an employee injured in a work-related accident...
House subcommittee clears FDA food regulation bill
Posted on June 14, 2009After a unanimous voice vote in a House subcommittee, the House took an initial step toward passing legislation supporting the nation?s food-safety system. This could help prevent food poisoning situations like the recent salmonella peanut outbreak. To read more about the food regulation bill...
Microcars have high repair costs for low-speed collisions
Posted on June 14, 2009A recent report hints that there should be some product safety concerns about microcars. The Insurance Institute for Highway Safety reports that repairing damage to microcars in low-speed automobile accidents can cost anywhere from $474 to $3,701. Bumpers should protect cars in these motor vehicle accidents and repairs should cost less than the typical $500 insurance deductible...
Safe BBQ tips: preventing food poisoning
Posted on June 13, 2009A recent article addressed prevention techniques for avoiding foodborne illnesses during the summer barbeque season. Some of the tips include: always sanitizing countertops and anyplace where meat will be handled, keeping food refrigerated, and use food thermometers to decide when your meat is cooked...
Senate approves FDA tobacco regulation bill
Posted on June 13, 2009Just Thursday, the Senate passed the FDA tobacco regulation bill by a 79-to-17 vote. The bill now heads to the President?s desk. The bill increases the power of the FDA to regulate the manufacturing, marketing, and sale of tobacco products. To read more about the Senate?s passage of the tobacco regulation bill...
Acid reflux drugs linked to pneumonia
Posted on June 12, 2009A product safety study has discovered a correlation between some acid reflux drugs and pneumonia. This problem may be more common than you think ? an estimated 40 to 70% of hospitalized patients receive some form of acid reflux medication. To read more about the potential drug side effects...
Dog bite injury victim requires 25 facial stitches
Posted on June 12, 2009A medical student was recently victim of a severe dog bite injury. The personal injuries she sustained required 25 stitches to close her facial wounds. It is not yet known whether the injury victim will be seeking the advice of a personal injury attorney...
Senate votes to end debate on tobacco regulation bill
Posted on June 11, 2009Earlier this week, the Senate voted 61-30 to give the FDA legal authority to regulate cigarettes and other tobacco products, setting up a possible passage of the tobacco regulation measure this week. If the tobacco regulation bill is signed into law, the FDA would be given powers to regulate the content of tobacco products and provide other oversight of tobacco products...
FDA issues warning about Clarcon skin products
Posted on June 11, 2009The FDA warned consumers not to use skin products made by Clarcon after a recent product safety inspection found high levels of disease-causing bacteria. The FDA said that the findings are especially concerning regarding potential product liability because the products are promoted to treat open wounds...
Toxic tort victims left out of GM bankruptcy plan
Posted on June 10, 2009Asbestos-injury plaintiffs are saying that the government-backed plan to sell GM may be unconstitutional since they were left out of negotiations. The toxic tort plaintiffs have asked for an official committee in the bankruptcy case and argue that they cannot be bound by a reorganization of which they were not participants...
$52.5 million settlement reached in nuclear plant explosure claims
Posted on June 10, 2009After almost 15 years of product liability litigation, a $52.5 million settlement has been reached with 500 claimants who said they suffered personal injuries or property damage because of their exposure to radioactive emissions. To read more about the $52...
Court secrecy continues to concern injury attorneys and victims
Posted on June 09, 2009Secrecy in litigation continues to be a concern in injury claims this week. A hearing was held on the Sunshine in Litigation Act of 2009 where a tire safety expert shared his experiences fighting efforts by a company to seal crucial product documents...
Bankruptcies could leave product liability victims with no recourse
Posted on June 09, 2009Products liability victims from multiple states approached Congress this month for urgent help in light of the GM and Chrysler bankruptcies, which could leave individuals injured by a faulty product with no legal recourse against the car makers. Estimates indicate that 500-1000 serious injuries or wrongful deaths occur yearly due to cars with design or manufacturer defects...
John Perconti Settles Personal Injury Lawsuit for $600,000
Posted on June 08, 2009Recently, Chicago personal injury attorney John J. Perconti of Levin & Perconti settled a workplace injury lawsuit for $600,000 on behalf of a heating and air conditioning foreman who was injured on a job site. The construction accident occurred in Chicago in February 2004 when the victim tripped on a piece of steel that was lying in a passageway of the construction site where he was working...
Chrysler?s bankruptcy could leave victims out in the cold
Posted on June 08, 2009Recent auto companies impending bankruptcies have raised concerns over whether product liability victims will be left in the cold if injured over faulty vehicles. The man in the video below from CNN.com tells his story about filing a product liability lawsuit against Chrysler for safety standards and how the bankruptcy may leave him in the cold...
Obama?s preemption stance also victory for consumers
Posted on June 08, 2009During the Bush administration, many federal laws had ?preemption? language written into regulations, meaning that the laws would be standard throughout the country, preempting any relevant state law. President Obama has directed his administration to abandon those policies...
Case Law Update: Joinder in 1983 Action
Posted on June 07, 2009Askew v. Sheriff of Cook County, Illinois, No. 07-2190 (5/18/09) is a Seventh Circuit decision that found that the district court erred in dismissing with prejudice under Rule 19 plaintiff-prisoner's section 1983 action alleging that defendants-prison official and Sheriff violated his constitutional rights by subjecting him to excessive force and by being deliberately indifferent to attacks made by other prisoners after finding that plaintiff's failure to included Cook County as indispensable party required dismissal of instant action...
Smokers flocking to potentially unsafe e-cigarettes
Posted on June 07, 2009Electronic cigarettes are unapproved by the FDA and virtually unstudied, but these facts have not stopped thousands of smokers from buying them. The FDA has refused dozens of shipments of e-cigarettes mostly from China, the chief maker of the product for fears of product liability...
Study indicates decline in rate of depression after antidepressant warnings
Posted on June 07, 2009A recent study reports that a persistent decline in the rate of Americans newly diagnosed with depression followed the first FDA warning on potential pharmaceutical side effects connected with antidepressant medications. The FDA first warned in 2003 about the risk of suicidal thoughts...
Family of asbestos victim sues 33 companies
Posted on June 06, 2009The family of asbestos wrongful death victim have filed an asbestos lawsuit alleging that their father was not warning adequately about working around asbestos. The wrongful death victim worked around asbestos for most of his life as a laborer and operator...
Jury awards $30 million to widow of smoker
Posted on June 06, 2009A woman whose husband passed away due to tobacco liability has been awarded $30 million from a jury. The wrongful death verdict was awarded last week. To read more about the jury award.
Victory for Chicago personal injury lawyers: Governor signs SB 84
Posted on June 05, 2009Earlier this week, Governor Quinn signed into law Senate Bill 84, now Public Act 96-0012. This law is a victory for Chicago personal injury lawyers because it repeals the notice requirement in personal injury lawsuits against the CTA. Under the former statute, Illinois trial judges had to throw out transit injury lawsuits where plaintiffs or their attorneys made innocent mistakes on pre-suit notice...
Patient suffers side effects from Reglan
Posted on June 05, 2009An article recently highlighted the suffering of a patient who was prescribed Reglan for too long of a period of time. The patient now suffers product side effects from the Reglan, including twitches throughout her body and severe muscle pain. Further, the pharmaceutical side effects are interfering with her life, in that she experiences severe anxiety and panic attacks...
Chicago Personal Injury Attorneys Levin & Perconti Sponsor Networking Event
Posted on June 05, 2009The Chicago personal injury law firm of Levin & Perconti is a bronze sponsor of the River North Association?s Business After Hours event on June 10. The networking event will take place from 5:30-7:00 at Carlisle Wide Plank Floors at 445 N. Wells in the River North neighborhood of Chicago...
Product safety report: drug no better than placebo for autistic children
Posted on June 04, 2009Recent product safety reports indicate that a drug, citalopram, also known as Celexa, is no better than a placebo. The drug is often prescribed to help autistic children control their repetitive behaviors. Currently, about a third of all children diagnosed with autism in the U...
FDA plans to warn about potential Tamoxifen drug interaction
Posted on June 04, 2009The FDA plans to warn physicians about potential drug interactions between the breast-cancer drug tamoxifen and certain antidepressants. Product safety studies showed women on both drugs were more than twice as likely to see their cancer return. To read more about the drug interactions...
Car accident lawsuit filed seeking more than $50,000 in damages
Posted on June 04, 2009A football coach seriously injured in a drunken driving car accident in 2005 filed a personal injury lawsuit last month against the driver. The personal injury lawsuit seeks more than $50,000 in damages. The personal injury plaintiff suffered numerous internal injuries, including a collapsed lung, several broken ribs, and a lacerated spleen...
Chicago woman dies in apartment building fire
Posted on June 03, 2009A 61 year-old Chicago woman died from burn injuries sustained in a Chicago apartment fire this morning. There were no working smoke detectors in the home. Unfortunately, the tragic truth is that many fire-related deaths could have been prevented with working smoke detectors...
Personal injury lawsuit alleges that pilot negligence caused crash
Posted on June 03, 2009A personal injury lawsuit alleges that pilot negligence is to blame for a March 2008 airplane crash. The pilot flew his plane into a thunderstorm when it exploded in mid-air. To read more about the airplane crash lawsuit.
FDA tobacco legislation reaches Senate floor this week
Posted on June 02, 2009Senate legislation authorizing the FDA to regulate tobacco will come to the Senate floor this week. The bill would give the FDA new product safety powers to regulate tobacco products. The tobacco regulation bill would create a new department within the FDA with the authority to regulate tobacco marketing and advertising, control the amount of nicotine in products and bar product claims such as ?light? and ?low-tar...
Patients file product liability lawsuit for ObTape complications
Posted on June 01, 2009The New York Times recently reported that several women have filed product liability lawsuits against the maker of a vaginal sling called ObTape for complications. The product was used to assist with stress urinary incontinence, but the product liability plaintiffs have experienced complications...
Personal injury lawsuit alleges beach chair improperly maintained
Posted on May 31, 2009A man?s visit to a beach house resulted in his personal injuries and a resulting personal injury lawsuit against the land owners. The personal injury plaintiff alleges that the outdoor chair on which he sat broke underneath him. The victim suffered injuries to his hip, pelvis, and back...
Lack of oversight blamed for Hydroxycut issues
Posted on May 31, 2009The recent Hydroxycut recall has raised continued concerns about the regulation of dietary supplements. Concerns over the product safety of diet aids have caused recalls and product liability lawsuits in the past. Current laws, however, prevent the FDA from truly regulating dietary supplements...
FDA alerts doctors of drug side effects
Posted on May 30, 2009Last week, the FDA alerted physicians to side effects seen in patients taking Tarceva, a drug used to treat cancer. The side effects range from blistering skin to intestinal problems. Some incidents of both of these conditions were fatal, according to the FDA...
Former Britney Spears bodyguard files personal injury lawsuit
Posted on May 30, 2009A personal injury lawsuit has been filed by the former bodyguard of Britney Spears. The injury lawsuit alleges that the pop star negligently operated her home and business causing the former bodyguard to sustain injuries. His personal injuries were not described in the lawsuit...
70,000 HP notebooks recalled
Posted on May 29, 2009HP has recalled 70,000 notebooks because of fire hazard concerns. The faulty lithium-ion laptop batteries present a fire and burn threat to users. HP has announced the product liability recall for battery packs in notebook PC products manufactured between August 2007 and January 2008...
Walmart agrees to crowd-control plans for Black Friday events
Posted on May 29, 2009Many multiple injuries ? and even a wrongful death ? have resulted from Black Friday rushes at places like Walmart. The day after Thanksgiving has been recognized as a big shopping day in recent years. Walmart has agreed to crowd control plans in an effort to avoid prosecution in the wrongful death case of a worker trampled to death...
Company that built fallen Cowboys? facility also built others that fell
Posted on May 28, 2009The company that manufactured the Dallas Cowboys? training facility that recently collapsed also built at least three other buildings that have fallen in heavy weather. Interviews regarding the product liability stated that the buildings fell in conditions that included heavy snow...
Vehicle roof requirements do not go far enough
Posted on May 28, 2009The AAJ recently stated that the new U.S. Department of Transportation?s requirement for vehicle roofs to withstand three times the weight of the vehicle is a good start, but does not go far enough to protect consumers. The vehicle roof crushing requirement should be reviewed in relation to vehicles with higher incidents of rollover accidents...
Commercial vehicle industry needs enhancement
Posted on May 27, 2009While lawmakers are focusing on auto safety standards, Congress should also strengthen its commitment to reducing wrongful deaths from auto accidents by focusing on safety in the commercial vehicle industry. A recent AAJ press release is pushing for enhancements in safety standards...
Personal injury lawsuit filed in fatal helicopter crash
Posted on May 27, 2009The family of a flight nurse killed in the helicopter crash filed a wrongful death lawsuit. The personal injury lawsuit stems from an August 2008 crash when the helicopter was operating as an air ambulance. The wrongful death lawsuit seeks unspecified damages for the loss of their mother...
FDA recalls defective baby breathing monitors
Posted on May 26, 2009The FDA gave the SmartMonitor 2 Infant Apnea Monitor a potential defective product risk on the federal Class I recall list. A Class I recall is the highest and most serious recall a defective product can be labeled in U.S., which means that the product has a reasonable probability of causing serious injury or death...
CSPC announces new child drownings report
Posted on May 26, 2009The Consumer Product Safety Commission recently provided updated figures on child drowning deaths and injuries in pools and spas. Nearly 300 children younger than 5 drown in pools and spas yearly and 3,000 suffer pool-related personal injuries. About 80% of the drowning fatalities occurring in residential settings, such as the home, or a friend?s home...
Single cup tea/coffeemakers recalled due to burn hazards
Posted on May 25, 2009The U.S. CSPC issued a recall for Bunn Single Cup Pod Brewers because the pod drawer of the pod brewer can open unexpectedly during a brew cycle, posing a burn hazard to consumers. Bunn-O-Matic has received 10 reports of the drawer opening unexpectedly, including one report of minor burns...
Congress likely to pass FDA tobacco regulation
Posted on May 25, 2009Both sides of the argument agree that Congress is likely to pass FDA tobacco regulation. The bill has been fast-tracked and President Obama is likely to sign it. Tobacco product liability litigation will finally be governed by the FDA. To read more about the FDA tobacco regulation...
Case Law Update: Product Liability in Bankruptcy
Posted on May 24, 2009DiGuilio v. Goss International Corporation, No. 1-07-1584, (4-30-09) affirmed that a defendant corporation, which purchased the assets, but not liabilities, of bankrupt manufacturer of printing press, which allegedly was defective, causing plaintiff's injuries, is entitled to summary judgment dismissing plaintiff's product liability and negligence complaint; because bankruptcy judge approved sale as arms length transaction, pursuant to Section 363 of Bankruptcy Code, and plaintiff has not proved any exceptions to non liability of successor corporation...
Injuries from falling furniture on the rise
Posted on May 24, 2009In a unique study, personal injuries received from falling furniture, including overturned televisions, shelves, and other household items are on the rise. Researchers have seen a forty percent increase over 18 years. More than 14,000 Americans receive personal injuries yearly in these types of accidents...
Complications from urinary control device highlights FDA regulation failures
Posted on May 24, 2009Dozens of medical device lawsuits have been filed around the nation, questioning whether the FDA has been regulating medical devices with rigor. These lawsuits involve a vaginal sling, used to control urinary leaks. These lawsuits highlight the importance of the medical device bill currently in the legislature...
Case Law Update: Discovery Sanctions in Personal Injury
Posted on May 23, 2009Jones v. Chicago Cycle Center, No. 1-07-0724 (5-5-09), affirmed that after a defendant filed multiple motions in limine seeking to bar plaintiff's witnesses in product liability personal injury lawsuit, from testifying to specific fact because of failure to timely disclose in discovery, and plaintiff moved to voluntarily dismiss the complaint, trial court did not abuse its discretion when it ordered plaintiff to pay defendant's discovery costs and expenses in an amount in excess of $181,000, pursuant to SCR 219...
CPSC allows youth ATV sales
Posted on May 23, 2009The Consumer Product Safety Commission has agreed to allow retailers of youth-model all-terrain vehicles to unload their older inventory despite new product liability restrictions on lead content that had prohibited sales. To read more about the youth ATV sales...
Chinese drywall lawsuits multiply
Posted on May 23, 2009At least 150 product liability lawsuits have been filed representing thousands of plaintiffs who request relief from the damage defective Chinese drywall has caused to their homes. To read more about the drywall lawsuits.
Case Law Update: Legal Malpractice in Premises Liability
Posted on May 22, 2009Orzel v. Szewcyk, No. 1-08-2240 (5-11-09) is a first division Illinois decision which found that the plaintiff was not entitled to judgment notwithstanding the verdict in her legal malpractice trial despite defendant's acknowledgement that her slip and fall personal injury complaint was dismissed because he failed to file a timely complaint against correct landowner...
Vehicle roof strength regulation upgrades
Posted on May 22, 2009The federal government has upgraded the 35 year-old regulation governing vehicle roof strength. According to experts, the upgrade will save 135 lives, prevent more than $1,000 personal injuries, and add up to $1.4 annually to the production of new cars...
Contact Illinois Governor to sign SB 84
Posted on May 22, 2009Senate Bill 84 has passed the Illinois House and now heads to Illinois Governor Patrick Quinn?s office. Personal injury attorneys should be aware: the bill repeals the notice requirement in CTA Section 41. Please contact Governor Quinn and urge him to sign the bill! For a roll call on the bill...
FDA investigates potentially fraudulent product claims to cure swine flu
Posted on May 21, 2009The FDA has found multiple websites that may be fraudulently marketing products with claims that they guard against or cure swine flu. The FDA has given the companies 2 days to take corrective action or face product liability action or criminal charges...
Appeals court says college, employee not liable for crash
Posted on May 21, 2009A Midwest University and an employee are not liable for a fatal crash that involved a pickup truck that was stolen by a drunken young man while parked with the engine running. The appeals court said that no reasonable juror would believe that the employee?s conduct showed a willful disregard of precautions...
Complexity of food system brings danger
Posted on May 20, 2009In a recent New York Times article, public health experts stated that despite improved safety, the complexity of the food system brings dangers. New food products, such as bagged salads, require increased handling, which brings further danger of contamination...
Personal injury lawsuit filed after Nutria attacks shopper
Posted on May 20, 2009A premises liability lawsuit has been filed against Wal-Mart after a shopper was attacked by a large rodent. According to the personal injury lawsuit, the shopper suffered pain, suffering, mental anguish, fear, disabling injuries, and medical expenses when she was attacked by a Nutria...
Hearing highlights the medical device nightmares
Posted on May 19, 2009Levin & Perconti posted a blog about the medical device bill yesterday that would provide recourse for product liability victims if they are injured by a medical device approved by the FDA. You can listen to some of the victims of medical device preemption below:
Update on commuter airlines safety hearing
Posted on May 19, 2009Last week, the National Transportation Safety Board held a hearing on a recent airplane crash. The hearing showed that regulatory changes for commuter airlines are needed. Last week, CBS interviewed the family of one of the recent flight victims. To view the CBS clip on the airplane crash victims? family...
Dems push medical device liability bill
Posted on May 18, 2009An FDA advisory panel cardiologist has asked Congress to eliminate manufacturers? blanket immunity from product liability lawsuits over defective medical devices that were approved by the FDA. The cardiologist stated that FDA approval does not mean that a device will not malfunction...
Iron gate crushing wrongful death lawsuit reaches settlement
Posted on May 18, 2009An 11 year-old boy was killed when a 1600 pound unsecured iron gate crushed him in 2007. The personal injury victim and his brother were playing at a school when the unhinged gate fell on them, causing the wrongful death of the 11 year-old and serious injuries to his brother...
Woman files personal injury lawsuit against aquarium
Posted on May 17, 2009A woman has filed a personal injury lawsuit after her trip to an aquarium rendered her injured. The personal injury plaintiff tripped over a large screen at the aquarium. She required orthopedic surgery. To read more about the personal injury lawsuit against the aquarium...
Illinois family of 6 year-old killed by garage door files personal injury lawsuit
Posted on May 17, 2009A Cook County wrongful death lawsuit has been filed against the home owner and two companies believed to have manufactured and installed the door. The Illinois lawsuit stems from the boy?s death May 9 when he was trapped between an overhead garage door and the floor...
Illinois cancer victim?s widow sues city for contaminated water
Posted on May 16, 2009A widow in the Chicago suburbs has filed a wrongful death lawsuit against Crestwood, alleging that contaminated drinking water caused her husband?s death in 2003. A Chicago Tribune investigation published last month reported that Crestwood leaders used the well water for more than two decades after the EPA found the well to be contaminated with toxic chemicals...
Fire-related deaths on the rise in Chicago
Posted on May 15, 2009The city of Chicago is about to set a higher number of fire deaths this year than last. Up until last month, there were 16 fire-related deaths and last year, there were a total of 17 fire deaths all year. The winter?s subzero temperatures likely played a role in the rise in fire-related deaths because of the reliance on space heaters and candles to keep warm through the winter...
Class action train accident lawsuit proceeds
Posted on May 15, 2009The class-action train accident lawsuit over a 2005 derailment that resulted in 11 wrongful deaths is moving ahead despite a defense motion. The defense motion argued that certifying the lawsuit as a class action would set bad precedent. The train derailment resulted in the deaths of 11 passengers and the personal injuries of nearly 200 others...
Fake medical journals revealed in Merck product liability trial
Posted on May 15, 2009The products liability class action lawsuit claimed, among other allegations, that Merck & Co., the pharmaceutical manufacturer of recalled drug Vioxx, created phony medical journals full of previously published studies. Vioxx has since been linked to many thousands of strokes and heart attacks...
Jury deciding deputy?s personal injury lawsuit
Posted on May 14, 2009Jurors are now considering a personal injury lawsuit involving a police officer in a hit-and-run lawsuit. The officer?s right foot was amputated less than two weeks later. To read more about the personal injury lawsuit.
Suburban Chicago boy dies in fire
Posted on May 14, 2009A Chicagoland fire that may have been intentionally set has resulted in the wrongful death of a 12 year-old boy and personal injuries to his mother and two sisters. The cause of the fire is under investigation. To read more about the Chicagoland fire...
Settlement reached in carbon monoxide lawsuits
Posted on May 13, 2009A wrongful death lawsuit recently settled out of court for an unreleased amount. The personal injury lawsuit involved a man who was in a coma for two weeks and died as a result of exposure to carbon monoxide in a leak at his apartment. To read more about the carbon monoxide settlement...
Hydroxycut class action lawsuit filed
Posted on May 13, 2009Only one week after the Hydroxycut recall was issued, a class action lawsuit has been filed. The lawsuit alleges that the manufacturer failed to provide proper warnings and misled consumers about the safety of Hydroxycut. Last week, a recall was issued on the weight loss products as a result of reports of liver damage and other injuries...
Chicago woman killed in Northwest side fire
Posted on May 12, 2009A Chicago woman was killed in an apartment building fire last week. The fire broke out in the fire victim?s second-floor Chicago apartment. The fire was confined to one apartment. Firefighters found a smoke alarm with no battery in the apartment. To read more about the Chicago fire victim...
$1 million settlement reached in jail wrongful death lawsuit
Posted on May 12, 2009The family of a man who died in a county jail has settled a wrongful death lawsuit for 1 million. The complaint in the wrongful death lawsuit alleged willful indifference on behalf of the jail staff. To read more about the wrongful death lawsuit settlement...
Man sues spicemaker over food poisoning
Posted on May 11, 2009A man who says that he received salmonella poisoning at a buffet restaurant has filed a personal injury lawsuit against a spicemaker. The personal injury lawsuit is likely the first stemming from a bacterial outbreak that has caused personal injuries to more than 40 people...
Baxter receives FDA warning over misleading promotions
Posted on May 11, 2009The FDA recently warned Baxter that materials used to promote one of its surgical sealants are misleading. According to the FDA, the materials overstate the pharmaceutical?s benefits. To read more about the FDA warning.
New warnings on anti-seizure drugs
Posted on May 10, 2009The FDA has recently made physicians aware of new warnings on anti-seizure drugs. The warnings indicate heightened risks of suicidal tendencies. The product liability warnings apply to more than 20 medications used to control seizures, psychiatric disorders, and nerve pain...
Senate committee will focus on tobacco bill soon
Posted on May 10, 2009The Senate Health, Education, Labor, and Pensions Committee will soon work on the product liability bill that gives the FDA the power to regulate tobacco products. To read more about Congress?s plans for the bill.
President appoints Tenenbaum to head Consumer Product Safety Commission
Posted on May 09, 2009Recent reports indicate that President Obama has tapped former schools chief Inez Moore Tenenbaum to chair the Consumer Product Safety Commission. Obama also indicates that he will boost funding at the agency, which is involved heavily in product safety oversight...
Doctor tells family to leave house with Chinese drywall
Posted on May 09, 2009CNN recently published an article about a Florida family severely affected by the tainted Chinese drywall. Last week, the products liability victim fled a multi-million home because the drywall was making her physically and mentally ill. She believes that injuries that she and family members have been suffering or the past year ? including upper respiratory infections, antibiotics, and bloody noses ? have been caused by the walls...
2 year-old boy dies in pool
Posted on May 08, 2009A 2 year-old boy died last weekend after family members found him floating in their swimming pool. The boy had no pulse when he was pulled from the water. It is unknown how he got into the pool. Levin & Perconti reminds you, as the summer months approach, to avoid drowning tragedies by practicing safety tips when near or in water! To read more about the 2 year-old drowning...
House Judiciary Subcommittee holds hearing on Federal Arbitration Act
Posted on May 08, 2009As Levin & Perconti blogged about last week, forced arbitration clauses are receiving pressure from consumer rights organizations like AAJ and Public Citizen and polling results indicating opposition to mandatory arbitration clauses. Now, they are receiving pressure from legislators as well...
Case Law Update: Damages in Personal Injury Case
Posted on May 08, 2009Stamp v. Sylvan, No. 1-08-1421 (4-22-09) affirmed that because uncontroverted evidence at trial demonstrated that plaintiff suffered a soft tissue injury to her neck; and jury awarded medical expenses for pain incurred during that period of time, trial court properly granted plaintiff a new trial on the issue of damages for pain and suffering and loss of normal life limited to six months after automobile collision in which she was injured...
Institute of Medicine calls for changes to prevent industry influence on patient care and research
Posted on May 07, 2009The Institute of Medicine recommended that doctors, medical schools, professional groups and drug makers make serious changes to prevent gifts and payments from influencing patient care and research. Levin & Perconti agrees that many non-common practices should be eliminated, such as meals, trips, or other gifts from companies to physicians...
Tort reform videos ? soon to be interrupting your movie experience
Posted on May 07, 2009Next month, the U.S. Chamber of Commerce will release four short clips to run before movies in Washington, D.C.-area movie houses. The movie clips will all tell a story of supposed ?Lawsuit Abuse? ? injury lawsuits which people were allegedly dragged into the legal system with frivolous lawsuit filings...
Toppled athletic towers to be investigated
Posted on May 06, 2009The U.S. Consumer Product Safety Commission has announced that it will investigate toppled light poles to try to determine the cause of the failures. The decision about investigating the product safety issues comes after an 80-foot athletic tower crashed to the ground, crushing the bleachers...
FDA recalls nail polish remover
Posted on May 05, 2009The FDA has recently issued a product recall alert on Personal Care non-acetone nail polish remover, conditioner enriched with gelatin. The polish remover does not meet product specifications and could cause chemical burns to fingers of persons who use the defective product...
Workplace safety task force to help decrease worker deaths
Posted on May 05, 2009A workplace safety task force will ask for help from the National Institute for Occupational Safety and Health to gather information and analyze why Wyoming has the worst workplace fatality rate in the nation. The task force spent years working with Alaskan officials to build a surveillance model responsible for cutting workplace fatalities in helicopter logging and commercial fishing...
Jury awards $5.5 million in personal injury lawsuit after drunk driving accident
Posted on May 04, 2009A jury concluded that the state patrol and county must pay $5.5 million for not stopping a drunk driver who seriously injured another motorist in a 2007 head-on collision. The car accident occurred in 2007 when a drunk driver crossed the center line and slammed head-on into a car driven by the personal injury victim...
Weight loss products linked to liver damage
Posted on May 04, 2009Recently, a link has been discovered between Hydroxycut weight loss products and liver damage, liver injury, and other potentially life-threatening side effects. The FDA has announced a product recall of various Hydroxycut weight loss products due to the drug?s association with serious liver injuries...
Wrongful death lawsuit follows helicopter crash
Posted on May 03, 2009An energy company faces a wrongful death lawsuit filed by family members of five crew members killed when their helicopter crashed. The helicopter crashed after striking a power line. The wrongful death lawsuit alleges that the energy company was negligent in its maintenance and marking of the power lines...
Democrats and Obama vow to strengthen workplace safety laws
Posted on May 03, 2009Congressional Dems and the Obama administration have promised commitment to strengthen workplace safety laws. Further, they intend to step up workplace safety enforcement. The new Labor Secretary stated that "No one in America should go to work fearful for their health and safety...
Share your client's story with AAJ
Posted on May 02, 2009American Association for Justice is looking for personal injury lawsuits that could attract media attention to the urgency of holding corporations accountable. AAJ is also looking for product liability attorneys and personal injury attorneys willing to comment on the record on many different subject areas...
Drugmaker lawsuits proceeding
Posted on May 02, 2009Only two months following the U.S. Supreme Court decision clarifying that injured patients can sue drugmakers over personal injuries from medicines approved by the government, drugmaker lawsuits against a couple of pharma companies are moving forward...
97 plaintiffs file products liability lawsuits against pharmaceutical companies
Posted on May 01, 200997 people recently filed Illinois personal injury lawsuits against pharmaceutical companies. The products liability lawsuit claims that they took a pharmaceutical for their heart problems that contained double the approved level of its active ingredient...
Commanding majority of Americans oppose forced arbitration
Posted on May 01, 2009As Illinois personal injury attorneys, Levin & Perconti know about forced arbitration. A recent national survey released shows that a commanding majority of Americans oppose the practice of forced arbitration. Roughly six in ten voters support the Arbitration Fairness Act, which would prohibit forced arbitration in Terms of Employment and Terms of Agreement for goods and services...
Some experience allergic reactions following MRI injections
Posted on April 30, 2009During an MRI, patients may be injected with a gadolinium based-contrast agent. Some patients may experience bad side effects from the injection. One patient explained how he had an allergic reaction and was unaware about the risk factors and potential personal injuries he faced beforehand...
Jury awards $14 million to family of drowning victim
Posted on April 30, 2009A jury awarded the family of a 4 year-old drowning victim nearly $14 million in damages this week. The personal injury victim drowned on the first day of summer camp almost four years ago. Ten of the eleven defendants accused of negligence in the personal injury lawsuit admitted that they had been negligent...
Early bird special ? AAJ 2009 Annual Convention
Posted on April 29, 2009The American Association for Justice is hosting its annual convention this year in San Francisco, California. They are offering $100 discount if you book before May 1. This is an excellent opportunity for personal injury attorneys to network and learn skills to better represent their personal injury victim clients...
Barge worker files personal injury lawsuit after exposure to toxic chemicals
Posted on April 29, 2009A man seeking more than $75,000 in damages has filed a personal injury lawsuit against a marine shipping company. The personal injury victim, a barge worker, was exposed to benzene and other hazardous and toxic chemicals and the exposure resulted in severe and disabling injuries...
FDA to hold strategic meeting on medical devices
Posted on April 28, 2009A New York Times report recently stated that the FDA is holding an ?all-hands meeting? to strategize safety issues in medical devices. Such a rare meeting seems to indicate that safety approval of medical devices have been compromised, putting patients? health and safety at risk...
NTSB?s findings on the injuries sustained in 2008 bus rollover
Posted on April 28, 2009Recent conclusions on the cause of the death and severity of injuries sustained in the 2008 bus rollover that killed nine and injured 43 were issued by the National Transportation Safety Board (NTSB). The American Association for Justice is calling on transportation regulators to review the prior regulations and enact new safety measures for trucks and buses...
AAJ calls on FRA to review safety protections for victims of railroad accidents
Posted on April 28, 2009Recently, a new administrator was nominated to lead the Federal Railroad Administration (FRA). The American Association for Justice recently issued a release, calling on the FRA to review regulations issued under the Bush administration that weaken safety protections for consumers having received injuries in railroad accidents...
Peanut butter salmonella outbreak: poster child for food safety flaws
Posted on April 28, 2009The CBS News Early Show spoke recently with a former FDA commissioner about the peanut butter salmonella outbreak. The commissioner spoke quite clearly about the dangers of food safety and whether the government is equipped to deal with more product liability issues...
State Senate passes asbestos litigation claim
Posted on April 26, 2009In a rare victory for personal injury trial attorneys in the South, a state Senate recently passed legislation making the recovery of damages easier after people are exposed to asbestos. The bill would apply strictly to mesothelioma lawsuits. To read more about the asbestos bill...
Salmonella spice recall
Posted on April 26, 2009A total of 42 people in 4 states have become ill due to spice linked to salmonella. The strain is of particular concern because it is considered both rare and dangerous. The salmonella spice recall was initiated towards the end of March when officials investigated a multi-state outbreak...
Senator may filibuster tobacco regulation bill
Posted on April 25, 2009The bill giving the FDA greater power to regulate tobacco may be subject to a filibuster in the Senate before the end of May. The bill is intended to give the FDA the authority to regulate the levels of nicotine and to eliminate harmful additives in the products...
Products liability attorney tours Peanut Corp of America plant
Posted on April 25, 2009A products liability lawyer who toured a plant of the Peanut Corp of America, the company at the center of the peanut salmonella outbreak controversy states that he found leak and places where animals could get in. The attorney has filed numerous personal injury lawsuits against the Peanut Corp of America...
AAJ Public Service Award deadline tomorrow!
Posted on April 24, 2009The deadline for nominations for the public service award administered by the American Association for Justice is tomorrow. The award is for personal injury attorneys and clients whose injury lawsuits tell the story of American civil justice. To read more about the award...
Fitness balls recalled after risks that may burst unexpectedly
Posted on April 24, 2009About 3 million fitness balls have been recalled because they could unexpectedly burst while being used, causing the user to fall to the floor and sustain a potentially serious injury. The fitness ball recall was issued by EB Brands and the U.S. Consumer Product Safety Commission for fitness balls of three different sizes...
Illinois Supreme Court rules in favor of manufacturers in asbestos injury lawsuit
Posted on April 23, 2009Last week, the Illinois Supreme Court decided in favor of manufacturers of asbestos-containing products who had been sued for harming workers. The Illinois Court struck down Illinois legal precedent unique to Illinois that prohibits defendants from introducing evidence to a jury of another source of asbestos exposure...
FDA nearing decision on e-cigarettes
Posted on April 23, 2009Another regulation on its way from the FDA concerns a tobacco-less product: the so-called electronic cigarettes. These are promoted as a safer alternative for people addicted to smoking. E-cigarettes have not officially been approved or banned by the FDA, but are commonly sold in the U...
Health insurance companies in business of making profits
Posted on April 22, 2009Levin & Perconti is happy that a Chicagoland newspaper has finally delved into the profits that health insurance companies enjoy while denying claim after claim. As the SouthtownStar article points out, health insurance companies make up their own rules and do not have to explain themselves to anyone...
$27.5 million awarded to a woman run over by bus
Posted on April 22, 2009A jury last week awarded $27.5 million to a woman who lost her left leg after a bus ran her over. The personal injury plaintiff was run over while a bus was turning a corner two blocks from her apartment in 2005. The personal injury plaintiff had her leg amputated and has worn a prosthetic leg ever since...
Illinois man dies from drowning
Posted on April 21, 2009An Illinois man?s death from drowning was ruled an accident by the Illinois Medical Examiner last week. The 47 year-old drowning victim somehow fell into the Fox River near his home and drowned. His blood-alcohol content at the time of his death was ...
TASER dropped from product liability lawsuit
Posted on April 21, 2009The plaintiff that filed the product liability lawsuit relating from an arrest has voluntarily dismissed TASER International. A dismissal with prejudice prevents TASER from being sued again in this product liability litigation. To read more about the product liability lawsuit...
Case Law Update: Proximate Cause in Wrongful Death
Posted on April 20, 2009Nolan v. Weil-McLain, No. 103137 (4-16-09), is an Illinois decision that held that in wrongful death litigation by widow of deceased boilermaker, for mesothelioma resulting from exposure to asbestos containing material, trial and appellate court improperly prevented defendant from pursuing its sole proximate cause defense by excluding evidence of decedent's exposure to other asbestos containing products during his 38 year career...
Personal injury lawsuit filed against county jail for neck injuries
Posted on April 20, 2009A former inmate has filed a personal injury lawsuit against the county jail for a neck injury he suffered while riding in a patrol car. The personal injury lawsuit is asking for more than $250,000 and claims that the victim will never regain full use of his neck...
Jury awards $50K in food poisoning lawsuit
Posted on April 20, 2009A recent food poisoning lawsuit resulted in a jury award of $50,000. The product liability lawsuit revolved around salad served at a rehearsal dinner before the couple?s wedding. Some guests, including the groom and the father of the bride, went to the emergency room for their injuries...
Report shows drugmakers spent nearly $3 million to market products to doctors in one state
Posted on April 19, 2009Last fiscal year, when Americans were hurting in this recession, drugmakers spent more than $2.9 million on doctors, hospitals, and universities in Vermont alone to market their products. The total is slightly down from the prior year. To read more about the drugmaker?s marketing spending spree...
Bayer settles product liability lawsuits over imaging dye
Posted on April 19, 2009Bayer, a pharmaceutical company, has started settling product liability lawsuits over its contrast agent used in diagnostic imaging tests. The company began negotiations for settlements in about forty product liability lawsuits linking the product to a disease that hardens organs...
Court says injury awards do not have to cover all bills
Posted on April 18, 2009A state court has decided that workers? compensation injury awards do not have to cover all medical bills for residents who develop work-related illnesses. The court states that injuries that are only partially related to a person?s work do not require workers? compensation to cover entire medical bills...
Retailers restock pistachios after recall
Posted on April 18, 2009A couple weeks ago, the FDA issued a voluntary recall of pistachios. The FDA has advised companies to stop mixing the use of equipment for processing and the products. The company affected by the pistachio recall has said that they hold product liability insurance...
Woman files personal injury lawsuit stemming from car accident
Posted on April 17, 2009A personal injury lawsuit has recently been filed against a driver stemming from a March 2008 car accident. The lawsuit alleges that the car accident caused permanent injury to her children when the defendant driver lost control of her vehicle. To read more about the car accident lawsuit...
Update on asbestos litigation
Posted on April 17, 2009The government?s toxic tort lawsuit against W.R. Grace & Company is continuing. The government?s lawsuit claims that the company conspired to violate the Clean Air act and obstruct justice. The government attorneys are arguing that the company?s violations have led to more than 200 asbestos-related deaths and thousands of asbestos-related illnesses...
Tomorrow: ACS Members Only Event
Posted on April 16, 2009Tomorrow is the ACS members only event featuring remarks by the Honorable Abner Mikva, Professor Geoffrey Stone, and ACS Acting Executive Director David Lyle. The event will also feature the Chicago Chapter Board of Advisors. Steven M. Levin, of Levin & Perconti, was recently honored by being named to the ACS Chicago Chapter Board of Advisors...
143 plaintiffs seek damages from BP
Posted on April 16, 2009An attorney has filed a personal injury lawsuit on behalf of 143 plaintiffs against BP seeking damages. The personal injury lawsuit stems from the alleged releases of chemicals used in the oil refinery. More than one of the plaintiffs was hospitalized after the released chemicals...
Injunction stops pharmaceutical company from selling unapproved cough and cold products
Posted on April 15, 2009Federal regulators won an injunction barring a pharmaceutical company from selling more than 50 medications. Most of the barred medications are prescription cough and cold products. The FDA alleged that the drugs were improperly manufactured, carried inadequate directions for use, and were not FDA-approved...
Women?s and children?s shoes from Wal-Mart recalled
Posted on April 15, 2009Women?s high heels that break and choking hazards from children?s clogs sold exclusively at Wal-Mart have been recalled. The Consumer Product Safety Commission has recalled about 273,000 shoes last week. To read more about the Wal-Mart recall.
Toddler drowns in hot tub
Posted on April 14, 2009In another tragic drowning story, a two-year old girl drowned over the weekend in her family?s hot tub. She was pronounced dead at a nearby hospital. If you have a pool or hot tub, the attorneys at Levin & Perconti urge you to review these tips for water safety...
U.S. makes no progress against food poisoning
Posted on April 14, 2009The federal government recently released that it has not made any progress in lowering the rate of food poisoning throughout the past four years. The Centers for Disease Control and Prevention specifically said last week that the incidence of human infections caused by salmonella, E...
Beware of silent killer: drowning
Posted on April 14, 2009With summer fast approaching and more tales of drowning coming up daily, we at Levin & Perconti thought that this Arizona Daily Star article was timely. Drowning is often referred to as the ?silent killer? because there is usually no cry for help and very little commotion...
FDA reverses its morphine painkiller decision
Posted on April 13, 2009According to the FDA and its latest product liability news, a liquid morphine painkiller given to dying patients can remain on the market. Last week, the FDA had announced last week that it was ordering manufacturers to stop making 14 medications including the liquid morphine...
How to prevent child drowning
Posted on April 12, 2009In light of the recent child drowning that Levin & Perconti blogged about, this Mayo Clinic article on childhood safety is entirely appropriate. When having a residential swimming pool, you can attempt to prevent personal injuries by fencing it in, installing alarms, blocking pool and hot tub access, teaching children to swim, removing toys, keeping your eyes peeled, and being wary of drains...
Personal injury lawsuit filed against university over hazing
Posted on April 12, 2009A personal injury attorney has claimed that new details have emerged in regards to the personal injury lawsuit filed against a university, seeking personal injury damages of more than $15,000. The personal injury complaint alleges that the plaintiff was beaten on the buttocks with wooden canes during unauthorized initiation rites...
Fewer claiming job injuries in at least one state
Posted on April 11, 2009Workers? compensation claims in one state are at their lowest levels in a year. Some experts believe workers are hesitant to report work injuries during a period of frequent layoffs and record high unemployment. Other experts believe the lower workers? comp claims have to do with the type of employee that remains after waves of layoffs: seasoned workers who tend to be less accident-prone...
Mother files personal injury lawsuit against son?s estate
Posted on April 11, 2009A woman who received severe personal injuries after trying to save her son from a house fire last year has filed a personal injury lawsuit against his estate. The personal injury plaintiff was badly burned in the fire and had to have part of her arm amputated...
100 years later: Illinois mine disaster remembered
Posted on April 10, 2009Almost one hundred years ago, 259 miners died horribly in what became known as the Cherry Mine disaster. Some of the biggest gains in mining safety came only after the Illinois mining accident. To read more about the Illinois mining disaster.
4 year-old boy drowns in pool
Posted on April 10, 2009A four-year old boy who climbed over a fence guarding the family pool has died. The boy and his five-year old sister scaled the fence and got into the pool. The boy began to drown and has since died. Levin & Perconti wish to remind everyone, especially as summer approaches, to be mindful and responsible when near pools to avoid injuries...
Pharmaceutical joins list of deadly drugs
Posted on April 09, 2009Raptiva, a pharmaceutical for psoriasis, has been added to the list of drugs with deadly side effects. There is a link between Raptiva and Progressive Multifocal Leukoencephalopathy (PML). So far, at least three deaths have been linked to Raptiva and PML...
Drug linked to vision loss
Posted on April 09, 2009The pharmaceutical Avandia has now been linked to vision loss. Patients taking the diabetes medication now have to worry about vision loss and an increased risk of heart problems. A recent study has linked the use of glitazones, the class of drugs that Avandia falls into, and a vision problem...
Antibiotic causing patients severe pain
Posted on April 08, 2009Recent product liability lawsuits have revealed that patients taking the antibiotic Levaquin are experiencing severe side effects. Reactions to the pharmaceuticals include tendon ruptures and tendonitis. Often, the patients do not realize that they will experience side effects of Levaquin until it?s too late ? and they are already off of the medication...
Tainted drywall driving owners from homes
Posted on April 07, 2009Levin & Perconti has posted a few blogs about the rising incident of tainted Chinese drywall. Recently, The Christian Science Monitor ran a story about how the drywall is driving owners from their homes. Additionally, the toxic substance is alleged to be causing corrosion, health problems, and foul odors, bringing product liability lawsuits and calls for government intervention...
Seat belt use up and highway deaths down
Posted on April 07, 2009According to recent data, seat-belt use has climbed to an all-time high across the nation and deaths due to car accidents on the highway are at a five-decade low. In Illinois, seat-belt use is 90 percent or better! To read more about the higher seat belt use...
State court allows construction injury lawsuits without showings of injury
Posted on April 06, 2009A recent state court held that architects and other design professionals can be sued in product liability lawsuits for negligence even if their mistakes do not result in personal injury or property damage. The court explained that the basis of the economic loss doctrine is to separate claims for breach of contract from claims strictly for tort damages...
Shoemaker faces personal injury lawsuit over escalator incident
Posted on April 05, 2009Shoemaker Crocs Inc. faces a personal injury lawsuit after parents of an infant filed a complaint also alleging product liability. The product liability complaint claims their infant was severely and permanently injured when one of his Crocs shoes was caught in an escalator at an airport...
Recall issued for heart medication Digitek
Posted on April 05, 2009The pharmaceutical company that manufacturers Digitek tablets has issued a recall for the product. It was recently discovered that some tablets of Digitek may contain a double dose of digoxin, which could cause nausea, vomiting, low blood pressure, cardiac instability, bradycardia, and even death...
Steven M. Levin named to American Constitution Society Chicago Chapter Board of Advisors
Posted on April 04, 2009Steven Levin of Levin & Perconti was recently honored by being named to the American Constitution Society Chicago Chapter Board of Advisors. The new ACS Board of Advisors will be presented at a members-only ACS event on April 17, 2009. The event features remarks by the Honorable Abner Mikva, Professor Geoffrey Stone, and ACS Acting Executive Director David Lyle...
Chicago-area woman files personal injury lawsuit against party hosts
Posted on April 04, 2009An Illinois woman injured at a birthday party by a metal piñata bat has filed a personal injury lawsuit against the hosts of the party. The Illinois personal injury victim was at a birthday party where children were participating in a piñata game when the bat slipped out of a participant?s hands and struck the victim in the forehead...
House approves FDA regulation of tobacco products
Posted on April 03, 2009We at Levin & Perconti recently blogged about the possible FDA regulation of tobacco and yesterday ? the regulation finally became a reality. The measure, passed 298-112, gives the Food and Drug Administration authority to regulate ? but not ban ? cigarettes and other tobacco products...
Motorcycles and ATVs likely subject to lead law
Posted on April 03, 2009Manufacturers of motorcycles are likely to be subject to the new anti-lead law that has kept dirt bikes and ATVs for kids off of the showroom floors. Staff at the Consumer Product Safety Commission have decided against recommending an exemption for ATVs and dirt bikes...
Chicago-area boy dies following near-drowning
Posted on April 02, 2009A Chicago-area boy has died after nearly drowning earlier last week in an Indiana pool. The 4 year-old died at the University of Chicago hospitals. The Cook County Medical Examiner did not release the name of the 4 year-old drowning victim. To read more about the Chicago-area drowning victim...
Deadline for AAJ Public Service Award: April 25
Posted on April 02, 2009Nomination deadline for the Steven J. Sharp Public Service Award is approaching on April 25. The award, administered by the American Association for Justice, is annually presented to personal injury attorneys and clients whose cases embody the American civil justice system...
Lawsuit filed after Illinois boy?s drowning
Posted on April 01, 2009An Illinois family has filed a wrongful death lawsuit against an Illinois condominium after a boy drowned in a pool. The Illinois boy and some other kids had jumped a fence to swim. The personal injury lawsuit alleges that the management company and condo association maintained unsafe and inadequate pool enclosures...
Law firms seeking potential drywall personal injury plaintiffs
Posted on April 01, 2009At least thirty personal injury law groups have either filed product liability claims or are recruiting personal injury plaintiffs to file claims over allegedly defective Chinese-made drywall. Other firms are seeking to represent defendants in the personal injury claims...
Contradictions found in report on fallen bridge
Posted on March 31, 2009An engineering firm hired by personal injury attorneys for the victims of the bridge collapse says that the cause of the disaster was the failure of a beam. The findings of the engineering firm contradict the conclusion reached by the National Transportation Safety Board...
Bill aimed at allowing greater access to justice passes House
Posted on March 31, 2009A state House has approved three bills introduced by Democrats that would allow for drug liability lawsuits to be filed against pharmaceutical companies. The bill faces a strong opposition in the Senate. The current law protecting pharmaceutical companies is unfair to consumers and the bill, if passed, would allow greater accountability for drug liability...
Big Dig accident settlement reached
Posted on March 30, 2009Final personal injury lawsuit settlements were reached with two companies involved in the 2006 Big Dig tunnel ceiling collapse. The construction accident killed one woman when her car was crushed by the tunnel ceiling panels. The construction accident instigated the shutdown of multiple tunnels and ramps in the area...
Case Law Update: Legal Malpractice
Posted on March 30, 2009TIG Insurance Company v. Canel, No. 1-08-1251 (3/24/09) affirmed the trial court's order staying trial of declaratory judgment action by insurance company against insured law firm, pending the outcome of legal malpractice action, is immediately appealable pursuant to SCR 307(a)(1); because the stay is in the nature of an injunction...
CDC says that lead based ink poses little danger
Posted on March 29, 2009Stay calm, says the Centers for Disease Control and Prevention, those vintage books you have are probably not hazardous to your children. Nevertheless, a new federal law banning more than minute levels of lead in most products intended for children under the age of 12 has prompted at least two libraries to pull children?s books printed before 1986 from their shelves...
BPA ban on the horizon?
Posted on March 29, 2009Polycarbonate is about to disappear from infant products because of concerns about the product safety of bisphenol A (?BPA?). The bans appear to be coming out of nowhere, but scientists have actually been persistently pushing for the product safety bans...
Case Law Update: Summary Judgment in Worker?s Compensation
Posted on March 29, 2009Herman v. Power Maintenance & Constructors, LLC., No. 4-0800509 (2/19/09) reversed a decision and ruled that because of the doctrine of judicial admissions is not intended to punish unintentional mistakes and confusion, plaintiff's misstatement at first summary judgment hearing that plaintiff's cause of action accrued when defendant initially laid plaintiff off will not be treated as a judicial admission...
Bill seeks FDA regulation of tobacco products
Posted on March 28, 2009A products liability bill in Congress right now seeks to grant the FDA authority to regulate tobacco products. The bill is called the ?Family Smoking Prevention and Tobacco Control Act? and has bipartisan support. Supporters of the bill state that it is necessary because tobacco use is the leading preventable cause of death in the U...
Case Law Update: Counter Claims in Arbitration
Posted on March 28, 2009A. Bauer Mechanical, Inc. V. Joint Arbitration Board of the Plumbing Contractors? Association, Nos. 06-3936 et al. Cons. (3/25/09) is a seventh circuit decision that found that the district court did not err in granting defendant's motion for default judgment on its counterclaim to enforce arbitration award where plaintiff failed to file response to counterclaim that had been attached to motion seeking leave to file same instanter...
Food industry lobbies against fee for more inspections
Posted on March 27, 2009The food industry recently launched a lobbying blitz as the House inches towards legislation bolstering food safety regulation. Food companies embrace some new rules because they have lost a lot of money following recalls, including the recent salmonella outbreak that caused personal injuries to nearly 700 people and has been linked to nine wrongful deaths...
Drug industry advocates support splitting the FDA
Posted on March 27, 2009Following the peanut salmonella outbreak, momentum is building to rework the FDA. The push is receiving support from pharmaceutical companies hoping for faster approval for new medicines. Drug advocates are allying with some of their longtime critics, pushing for a split in the FDA, with one division for food safety and one for medical products...
Legislative Update: Statute of Limitations and Death
Posted on March 27, 2009Illinois Senate Bill 1716 makes three changes to provide statutory guidance if a potential defendant dies before an action is filed to ensure that a statute of limitation does not bar a meritorious claim. The first one makes it explicit that subsection (b) of Section 13-209(b) applies if a tortfeasor dies "before an action is filed against him or her" by simply adding those exact words to codify Gaddy v...
Jury awards $10.2 million in personal injury lawsuit
Posted on March 26, 2009Jurors have awarded $10.2 million to a 28 year-old personal injury victim who was left a quadriplegic when he was stabbed with an ice pick and stomped in the neck in a brawl watched by a security guard who took no action. The jurors found that the security company was negligent and that its negligence caused the victim?s personal injuries...
Man with polio wins $22.5 million product liability lawsuit against drug maker
Posted on March 26, 2009A man who contracted polio while changing his daughter?s diaper thirty years ago has won a multimillion dollar product liability lawsuit against the pharmaceutical company. The personal injury lawsuit alleged that the oral vaccine contained a live virus that passed through the child?s body and infected the victim while he was changing her diaper...
Multimillion dollar award issued in Illinois car crash lawsuit
Posted on March 26, 2009An Illinois jury awarded $23.75 last week to victims who received personal injuries in an Illinois car crash involving three cars and a tractor-trailer. Two people died in the Illinois car crash, one received serious personal injuries, and others were hurt...
Are pool drains safe for kids yet?
Posted on March 25, 2009With summer fast approaching, we at Levin & Perconti are concerned whether pool drains are safe for kids yet. Last summer, numerous reports surfaced that public pools lacked the proper product safety. A recent AP article addressed that nearly three months after a federal deadline to make public swimming pools safer, many have yet to be fitted with equipment aimed at preventing product liability and keeping children safe from powerful and sometimes deadly suction of drains...
Warnings on Acai weight loss online get stronger
Posted on March 25, 2009The Center for Science in the Public Interest, a watchdog group, is saying that online Acai credit card rip-offs are reaching new levels. First, in terms of weight loss that the dietary supplement promises, there is no reason why a fruit like this would have any particular effect...
Juries should be able to make decisions on product safety
Posted on March 24, 2009The U.S. Supreme Court in Wyeth v. Levine has cleared the way for injured consumers to seek redress in state courts for alleged defects in products ranging from prescription drugs to cars. A recent op-ed argues that this product liability decision took account of the real world, where the FDA is understaffed and hard presed to monitor the safety of 11,000 drugs on the market...
Case Law Update: Pre-emption in Pharmaceuticals
Posted on March 24, 2009In Wyeth v. Levine, the Supreme Court of the United States voted 6-3 that federal approval of labels giving warnings about the effects of drugs does not bar lawsuits under state law claiming inadequate warnings of the health risk. The defendant argued that state court should be preempted by federal law...
Builders brace for lawsuits over odor-emitting drywall
Posted on March 23, 2009Levin & Perconti has blogged on this odor-emitting drywall before and now builders are bracing for personal injury lawsuits. Recently, tainted Chinese-made drywall emitted sulfuric fumes that corroded the unit?s coils and raised an occasional stink. At no charge, the company has agreed to strip out the low-quality drywall and replace it...
Case Law Update: Product Liability in Weapons Case
Posted on March 23, 2009Adames v. Sheahan, No. 105789 & 105851 cons (3-19-09) found that the appellate court erred when it concluded that evidence was sufficient to find that police officer's negligent storage of his service weapon at home, resulting of the death of a child when he was shot by the officer's son, was committed in the course of his employment...
Case Law Update: Removal in Medical Expenses Case
Posted on March 22, 2009Pollitt v. Health Care Service Corp, No. 08-3509 (3/10/09) is a seventh circuit decision that decided that in state-court action seeking recovery under state-law theories of bad-faith conduct on part of defendant-insurer, which in turn sought to recover medical expenses paid by defendant on behalf of plaintiff's son, Dist...
Product liability lawsuit takes aim at zinc in denture creams
Posted on March 22, 2009Product liability attorneys have filed a personal injury lawsuit aganst two makers of denture fixation creams. The product liability lawsuits allege that the products have high zinc levels that could lead to neurological problems. To read more about the zinc product liability lawsuit...
Smithsonian and worker dispute perils of asbestos
Posted on March 21, 2009About a year ago, a Smithsonian museum held an informational session on asbestos safety. A 53 year-old lighting specialist who had worked in the building for 27 years, learned that there was asbestos in the museum walls. Within weeks, the worker filed federal workplace safety complaints because he?d been experiencing shortness of breath and was later diagnosed with asbestosis...
Woman claims she was fired over workers? compensation claim
Posted on March 20, 2009A woman is alleging that she was fired as a nursing assistant because she filed a workers? compensation claim. In June 2008, the nursing assistant was injured on the job and sought medical attention that same day. Then, she filed a workers? compensation claim...
Family of woman mauled by chimp files personal injury lawsuit against animal?s owner
Posted on March 19, 2009The family of the woman who received extreme personal injuries after being mauled by a chimpanzee has filed a personal injury lawsuit seeking $50 million in damages against the primate?s owner. The animal injury lawsuit alleges that the owner was negligent and reckless for lacking the ability to control a wild animal with violent propensities...
Drugmaker attorneys challenge witnesses in Seroquel lawsuit
Posted on March 19, 2009Product liability attorneys for the drug maker of Seroquel are challenging medical expert witnesses in the product liability lawsuit trial. The attorneys are challenging findings of medical experts who claim that the anti-psychotic drug Seroquel causes diabetes...
Weekend Chicago car accident results in death of rapper
Posted on March 18, 2009A Chicago rapper was killed in a weekend Chicago motorcycle crash. His motorcycle collided with a van in a Chicago car accident on Saturday. The car accident victim died only a couple of hours later. To read more about the Chicago motorcycle accident...
Workers? compensation denied to ?hero?
Posted on March 18, 2009Levin & Perconti has reported on this workers? compensation story before ? about a 21 year-old McDonald?s employee denied workers? compensation for his personal injuries sustained when helping a woman being beaten in the restaurant where he worked. The victim?s attorney has stated that his client only wants reimbursement for his medical bills...
Man killed after truck plows through fence
Posted on March 17, 2009A man was killed yesterday morning after a pickup truck accident. The deceased victim plowed through a fence around an Illinois cemetery and rolled over in the Illinois car accident. The police believe that the Illinois car accident victim was not wearing a seat belt...
Supermarket checkout system sought for recalled foods
Posted on March 17, 2009Chicago Tribune recently reported a consumer advocate goal that may one day come to a supermarket near you in Chicago! Advocates say that supermarket scanners should be programmed to trigger an alert when shoppers try to buy a recalled product. A system of automatic warnings, consumer advocates say, would help ensure that recalled products, such as the more than 2600 recently recalled brands of ice cream, cake mixes, snacks and other items possibly laced with salmonella bacteria, are stopped at the point of purchase at the local supermarket...
Fatal fall on Chicago River walkway ruled an accident
Posted on March 16, 2009Chicago Tribune reported yesterday that the weekend death of a man who fell in Chicago was ruled an accident by the Cook County medical examiner?s office yesterday. The accident victim died of head injuries. To read more about the Chicago accident.
Court reverses summary judgment ? jury will hear car accident lawsuit
Posted on March 16, 2009The court in a personal injury lawsuit recently stated that a doctor of a methadone clinic should have known that the methadone he gave a patient combined with other drugs could result in a traffic accident. The personal injury plaintiff was severely injured when the car she was in collided with the patient?s car that had crossed over a highway into her lane of traffic...
Released documents show that Seroquel side-effects are more prevalent than company reported
Posted on March 15, 2009A recent article reported that the FDA began to worry about the side effects of antipsychotic drugs that came on the market in the late 1990?s. The pharmaceutical company told the FDA that patients and doctors had reported 12 new cases of diabetes and five cases of related illnesses among the 623,000 who had taken its antipsychotic drug...
Lawsuit filed after construction accident
Posted on March 15, 2009An employee of a restaurant has filed a personal injury lawsuit against a roofing business for personal injuries sustained when a ladder fell on her. The personal injury lawsuit alleges that the business allowed the ladder in question to slip off the roof and land on her foot and ankle...
Jury recommends $2.3 million for families of personal injury victims
Posted on March 14, 2009Families of three teenagers who received personal injuries in an electrical accident three years ago received a personal injury jury recommendation of $2.3 million. Despite the decision, the personal injury defendant does not plan to make any changes to the cable at the lake...
AAJ Seminar this weekend: How is the Economy Impacting Your Jury?
Posted on March 13, 2009Today and tomorrow, the American Association for Justice will conduct live focus groups to learn about the economy?s impact on your personal injury lawsuit juries. This seminar will examine the effects of the Wall Street meltdown on juries. To register and view the agenda...
Wyeth decision viewed as a victory for consumers
Posted on March 13, 2009Recent articles on the Wyeth v. Levine Supreme Court decision have viewed it as the end to an acrimonious battle between pharmaceutical companies and patients who have received personal injuries by improperly labeled drugs. The ruling is also viewed as a rare win for consumers in a broader pre-emption war over whether regulatory agencies should trump local juries and liability lawsuits...
Lawmakers introduce medical device lawsuit
Posted on March 12, 2009Congressional Democrats recently introduced measures to allow consumers who receive personal injuries by a medical device approved by the FDA to file product liability lawsuits against the device manufacturer in state court. The move came following the Supreme Court Wyeth v...
Bill passes restricting workers compensation for soft tissue injuries
Posted on March 11, 2009A state legislature has passed legislation that limits workers compensation benefits for workers who suffer soft tissue injuries. The bill says a workers? comp claimant who has had surgery for a soft tissue personal injury on the recommendation can get an etension of no more than 16 weeks of benefits...
FDA sets new peanut safety guidelines
Posted on March 11, 2009The U.S. FDA has issued new safety guidelines this week for companies that use peanut products. These guidelines follow the salmonella peanut butter outbreak, which the CDC said has caused personal injuries to 683 people in 46 different states. The Peanut Corporation had a $12 million personal injury liability insurance policy, but that will not be adequate to cover all of the product liability lawsuits filed against the company...
Illinois woman files personal injury lawsuit after massage table collapses
Posted on March 11, 2009A woman has filed an Illinois personal injury lawsuit against a Chicago-area spa on Tuesday after she received personal injuries when the massage table used to administer her massage collapsed. The Illinois woman filed the accident lawsuit in Cook County Circuit Court for injuries sustained...
Choking hazard and lead paint prompts recall of children?s toys
Posted on March 10, 2009Nearly 40,000 fishing games, rattles, pull-a-long cars, mini pull back cars, and cartoon bubble guns are being recalled by the CBB group for fear of product liability. Specifically, the toys pose a danger to small children because their small parts can detach and cause personal injuries...
Levin & Perconti Associate remarks on Free Speech and Human Dignity
Posted on March 10, 2009Margaret P. Battersby, an Associate Attorney at Chicago personal injury firm Levin & Perconti, made introductory remarks recently at an American Constitution Society event on first amendment issues. Ms. Battersby introduced Professor Steven J. Heyman, a scholar on individual liberties, who then discussed his book Free Speech and Human Dignity...
Metoclopramide to get FDA black box warning
Posted on March 10, 2009The U.S. FDA announced today that the manufacturers of metoclopramide, a drug used to treat gastrointestinal disorders, must add a black box warning to its drug labels about the risk of long-term or high-dose use. Chronic use of the drug has been linked to personal injuries, such as tardive dyskinesia...
Reminder: AAJ Seminar on Wyeth v. Levine today
Posted on March 09, 2009Today at 2pm, AAJ is offering a seminar on deconstructing the Supreme Court product liability ruling. To register for the product liability seminar.
Product recall alert: Chicken Bouillon products
Posted on March 09, 2009Wei-Chuan USA is issuing a product recall for approximately 89,531 pounds of granulated chicken bouillon products. The recall is in fear of product liability because it is not clear whether the poultry ingredients were prepared under inspection required by federal regulations...
Consumers file product liability complaints over brake defects
Posted on March 09, 2009Several Infiniti G35 2005 owners have filed product liability complaints against Nissan over the brake defects in their cars. Their product liability claims state that they are owed out-of-pocket costs for the cost of the brake pad and brake rotor replacements and that the defects have undercut the resale value of the vehicle...
Case Law Update: Substitution of Judge in Class Actions
Posted on March 08, 2009Bernis v. State Farm Fire and Causalt Company, No. 1-08-0284 (February 27, 2009) is a sixth division case that affirmed that after the Supreme Court ordered plaintiff's class action suit transferred from Madison County to Cook County and consolidated with cases already pending in Cook County, pursuant to the provisions of SCR 384, trial court did not err when it granted plaintiff's motion for substitution of judge as a matter of right; pursuant to the provisions of Section 2-1001 of the Code of Civil Procedure...
Case Law Update: Plain Sight Negligence
Posted on March 08, 2009Johnson v. Bishop, No. 2-08-0271 (2-10-09) is a case that affirmed plaintiff?s complaint, alleging that defendants negligently allowed person who was staying overnight in their apartment to gain access to the keys to one of their vehicles, and cause automobile collision, in which plaintiff was injured, is subject to 2-619 dismissal...
Illinois jury awards $2.6 million in wrongful death lawsuit
Posted on March 08, 2009A jury awarded $2.6 million to an Illinois woman who died as a result of an asbestos-related ailment. The large Illinois personal injury verdict involved a wrongful death in 2006 stemming from mesothelioma. According to the records, the personal injury victim was exposed to asbestos when she laundered clothes belonging to her husband who worked at UNARCO Industries in the 1960?s...
Case Law Update: Voluntary Dismissal
Posted on March 07, 2009Quigg v. Walgreen Company, No. 2-07-0858 (3-2-09) found that the trial court did not abuse its discretion when it denied plaintiff's motion to voluntary dismiss her complaint against pharmacy, while a combined motion to dismiss was pending, in order that she be able to file the case in Cook County...
Case Law Update: Civil Sanctions
Posted on March 07, 2009Shales v. General Chauffeurs, Sales Drivers and Helpers Local Union No. 33 (No-07-3342) is a seventh circuit decision that found the district court did not err in granting defendant's motion for sanctions under 28 USC sec. 1927 and directing plaintiff's counsel to pay defendant's $80,000 in attorney fees for filing frivolous complaint without conducting reasonable investigation...
Rail company responds to personal injury lawsuits over derailment and chemical spill
Posted on March 04, 2009Woman infected with sexually transmitted disease receives $7 million jury verdict
Posted on February 28, 2009Are vaccine-makers held accountable?
Posted on February 26, 2009A recent Wall Street Journal article highlighted that a law protecting product liability claims against vaccine-makers has an effect of making those pharmaceutical companies less accountable. They are subject to a special ?vaccine court,? which has the effect of buffering makers of vaccines from much of the product liability lawsuit risk that faces traditional drug manufacturers...
State court issues workers comp decision
Posted on February 25, 2009A state court has issued a splintered decision in a constitutional challenge to the state?s reform of workers? compensation. The law limited the type of injuries that could recover under the workers? compensation system. The Missouri state court stated that only one of the points raised by the plaintiffs could be decided at this time...
FDA states that pharmaceutical plant falsified generic drug data
Posted on February 25, 2009CNN released today that the FDA has said that an India pharmaceutical plant falsified generic drug data. It has stopped reviewing drug applications from the plant because some of the falsified data has already resulted in approvals from the FDA. To read more about the falsified drug data...
Product liability lawsuit claims Chinese drywall threat to homeowners
Posted on February 24, 2009A class action personal injury lawsuit has been filed on behalf of homeowners experiencing problems with drywall manufactured in China. The Consumer Product Safety Commission has been ramping up an investigation into the same problems. The drywall may be emitting sulfuric odors, potentially exposing homeowners to personal injuries such as respiratory problems...
Teacher hurt while on school field trip entitled to workers' compensation
Posted on February 24, 2009A teacher hurt while accompanying students to a conference is entitled to workers' compensation benefits. A court determined that her personal injury received was work-related. The workers' compensation plaintiff broke her shoulder in four places after slipping and falling on the bleachers at the conference...
Personal injury lawsuit filed following coal ash spill
Posted on February 24, 2009A personal injury lawsuit was filed against the Tennessee Valley Authority for the December coal ash spill. The lawsuit was filed on behalf of 109 personal injury plaintiffs, claiming that the company should be responsible for toxic materials contained in the coal sludge...
Mattress fire causes injuries in Chicago
Posted on February 23, 2009A Chicago mattress fire in the Bridgeport neighborhood caused minor injuries Sunday morning. The resident of the unit were not home at the time of the fire and all occupants on the fifth floor were moved to a different floor as a precaution. The cause of the fire is under investigation...
$24 million personal injury verdict reached in landlord-tenant lawsuit
Posted on February 22, 2009A personal injury plaintiff who tripped on the door saddle of his apartment building recently received a $24 million personal injury verdict. He received serious personal injuries when he lost his balance while inebriated and fell nine feet over a two foot wall...
Is McDonald?s employee shot at work entitled to workers? comp?
Posted on February 22, 2009MSNBC recently discussed an interesting workers? compensation case. Last year, a McDonald?s employee was shot after he intervened in a domestic fight. While he survived, his employers? insurer now says that they are not responsible for reimbursement of his nearly $300,000 of medical bills...
Personal injury lawsuit against Native tribe settles for $500,000
Posted on February 21, 2009A personal injury lawsuit against an East County Indian tribe recently reached a settlement for $500,000. The personal injury lawsuit stems from an incident seven years ago where a woman slipped, fell, and injured her back on a newly mopped floor in a casino...
Widow of smoker gets $8 million in product liability damages
Posted on February 21, 2009According to the Associated Press, a jury recently decided that cigarette-maker Philip Morris must pay a smoker?s widow $8 million in damages. The husband died in 1997 at age 55 after decades as a chain smoker. Experts have said that this product liability award is significant because tobacco companies still rarely lose in courts...
Chicago man dies after being struck by vehicle
Posted on February 21, 2009A Chicago man struck by a vehicle on the near south side died from his personal injuries. At about 6:30 am on Friday, a woman was driving north when a man ran in front of her, causing her to strike him with her vehicle. To read more about the Chicago car accident...
Case Law Update: Admissible Evidence in Slip and Fall Cases
Posted on February 20, 2009Schmude v. Tricam Industries, Inc., No. 08-2370 (2/17/09) is Seventh Circuit Case which affirmed that in an action seeking recovery for injuries sustained from fall from alleged defective ladder, Dist. Ct. did not err in admitting evidence that plaintiff was convicted in 1995 of unlawful sale of firearm without permitting defendant ability to ask plaintiff whether he had been felon at time of 1995 offense...
Legislative Update: Freedom of Information Act
Posted on February 20, 2009House Bill 1345 defines as a public record with access by the public under this Act that portion of settlement agreements by or for a public body that shows the amount of money expended for the settlement or judgment and prosecution or defense of litigation...
Peanut corporation faces lawsuits and clas actions
Posted on February 19, 2009The peanut butter salmonella outbreak has already had wide-ranging consequences. Experts believe that it is only a matter of time before a class-action personal injury lawsuit is filed against the Peanut Corporation of America. However, a recent Consumer Affairs article highlighted that this type of product liability litigation faces some significant hurdles...
Altria must pay $8 million in smoker?s death
Posted on February 19, 2009The biggest U.S. cigarette maker, Altria, must pay $8 million to the family of a smoker who died of lung cancer. A jury recently that Altria is liable for $3 million in compensatory damages and $5 million in punitive damages over a smoker?s wrongful death in a cigarette product liability lawsuit...
Train accident lawsuit results in $2.3 million jury award
Posted on February 18, 2009A jury awarded $2.33 million to a personal injury victim who lost his leg after walking onto the path of an oncoming subway train in a train accident. CNN.com reported that the personal injury victim was drunk at the time. The plaintiff?s lawyer argued that the subway driver had time to stop, but did not...
Coleman deposition will not be released until personal injury lawsuit is settled
Posted on February 18, 2009A judge in a personal injury lawsuit has ruled that a videotaped deposition of actor Gary Coleman will not be released until the personal injury lawsuit against him is settled. The judge was worried about whether there would be a fair trial if people in the potential jury pool had seen the video...
Train crash victims? deadline for filing lawsuits approaching
Posted on February 18, 2009Personal injury victims from the train disaster have until March 12, 2009 to file a claim in regards to the train accident. An attorney for the personal injury victims stated that at last count, he was aware of at least 45 personal injury claims and 24 wrongful death claims against the train company...
Be aware of product recalls
Posted on February 17, 2009The attorneys and staff at Levin & Perconti do our best to inform you through our personal injury blog of product recalls as we become aware of them. With the recent extreme salmonella outbreak that may have contributed to 8 deaths, Levin & Perconti wish to highlight the recall page of the U...
Birth control device Nuvaring may have fatal side effects
Posted on February 17, 2009Over an estimated fifty product liability lawsuits have been filed already against the birth control device named Nuvaring. The popular birth control device has been approved in over 32 countries and so far it has been estimated that over 1.5 million women worldwide are using Nuvaring...
Case Law Update: Res Judicata in Strict Product Liability
Posted on February 16, 2009Piagentini v. Ford Motor Company, No. 1-04-3800, (1-15-09) found that the plaintiff who filed complaint alleging negligent design and strict product liability against vehicle manufacturer, who took voluntary dismissal of her complaint after trial court granted partial summary judgment striking allegations of each count alleging vehicle was subject to rollover; but preserving defective seatbelt allegations of each count, dismissed complaint and allowed plaintiff to file new count with only seatbelt allegations, could voluntary dismiss amended complaint and re-file within a year thereof without committing claim splitting...
Case Law Update: UPS and the Mailbox Rule
Posted on February 16, 2009Baca v. Trejo, No. 2-08-0113, (2-4-09) ruled that after the plaintiff obtained default judgment against defendant, trial court correctly ruled that 2-1301 motion to vacate judgment consigned to UPS on 30th day after entry of judgment was not timely filed...
Peanut company insurer files suit to limit liability
Posted on February 16, 2009The insurance company for the peanut butter company at the heart of the salmonella outbreak has filed a lawsuit to limit its liability for the harmful effects of the products. The insurance company that was in place for companies in the peanut butter distribution chain was unclear...
Kids? clothing recalled after child strangled by drawstring
Posted on February 15, 2009Hill Sportswear, Inc. has agreed to a voluntary product recall of 300,000 hooded sweat shirts after a 3 year-old boy was strangled by a drawstring. To protect against future product liability, the company is also recalling its kid pullover hood sweatshirt and kid zipper sweatshirt with hood...
Lawsuit filed against Disney after teen suffers heart attack and stroke on ride
Posted on February 15, 2009A woman has sued Walt Disney World alleging that a disabling heart attack and stroke that she suffered were caused by riding on Disney?s Tower of Terror. The product liability lawsuit alleges that Disney was negligent in the ride?s design and operation and failed to adequately warn of risks or provide adequate safety restraints...
Coal ash spill cleanut to cost up to $825 million
Posted on February 14, 2009It could cost as much as $825 million to clean up a river and rural neighborhood after a massive spill of coal ash sludge from a power plant. This estimate does not include potential costs from several class-action product liability lawsuits or possible environmental fines...
Judge who threw out the Medtronic case failed to disclose potential conflict
Posted on February 14, 2009The Wall Street Journal recently reported that a judge who threw out massive product liability litigation against Medtronic Inc. failed to disclose that his son?s law firm has long had the medical-devicemaker as a client. Now, a number of plaintiffs' lawyers have told the judge that they plan to seek his disqualification from the product liability litigation...
Following salmonella outbreak ? peanut butter may be ?high risk? food
Posted on February 14, 2009According to the FDA, the government may single out peanut butter for special attention following the deadly salmonella outbreak. Currently, inspectors collect samples of peanut butter only if they suspect a problem. If peanut butter is classified as a ?high risk? food, the producers would be required to follow written food safety plans to prevent contamination and product liability...
Court rules that vaccines do not play a role in causing autism
Posted on February 13, 2009The U.S. Court of Federal Claims ruled this week that routine childhood immunizations are not linked to autism. In deciding this, the court denied product liability damages to three families who alleged that the vaccinations led to their children?s diseases...
Altria loses opening phase of product liability trial
Posted on February 13, 2009Altria, the largest cigarette maker in the U.S., lost the opening phase of a trial in a sick smoker product liability lawsuit. A jury ruled that the personal injury victim?s nicotine addiction was the cause of his death from lung cancer in 1997. To read more about the cigarette product liability lawsuit...
Handy Manny tool sets recalled
Posted on February 13, 2009The Disney Store USA has voluntarily issued a product recall for about 20,000 Playhouse Disney Handy Manny tool toy sets after reports that the eyes can detach and cause a choking hazard. The company received three reports about the defect, including two where children started to choke on the detached pieces...
Salmonella lawsuit filed against Kellogg?s
Posted on February 12, 2009One of the first food poisoning personal injury lawsuits has been amended to add Kellogg Co. as a defendant, alleging that they manufactured the peanut butter crackers that caused the plaintiff?s injuries. The lawsuit originally filed in January was filed against Peanut Corporation of America, which is the company that sold thousands of pounds of salmonella contaminated peanut products...
Prescription drug Darvon may be banned
Posted on February 12, 2009An advisory board to the FDA has urged that the FDA withdraw the prescription pain medication Darvin from the market after 50 years. Darvon is better known as Darvocet. The FDA panel found that the drug?s high overdose potential and relatively low level of pain relief make it too dangerous for public consumption...
Man charged after personal injury accident
Posted on February 12, 2009A man was charged with a felony of leaving the scene of an accident with personal injury and a misdemeanor charge of driving under the influence. The driver in the auto accident left the scene on foot. To read more about the auto accident.
Court to decide if damages cap applies in products liability lawsuit
Posted on February 12, 2009An attorney for a lead-paint poisoning victim told a state court that the statutory cap on non-economic damages does not apply to products liability lawsuits brought under the Consumer Protection Act. The attorney is seeking reinstatement of a $2.3 million jury award that was slashed to $515,000 after the caps were applied to the products liability award...
Attorney sues pharmaceutical company over drug experiment
Posted on February 11, 2009A Law Tribune article recently disclosed that an attorney is claiming that a large American pharmaceutical company Pfizer exploited a third world country in conducting medical experiments on children. This pharmaceutical lawsuit has recently been in the news again because the 2nd Circuit Federal Court overturned a federal district court case that dismissed the attorney?s claim...
Personal injury lawsuit follows botched abortion case
Posted on February 11, 2009A case of surgical error in a botched late-term abortion is gaining national attention. The patient waited hours for a doctor to arrive and ended up delivering a baby girl. An attorney is representing the patient and has filed a personal injury lawsuit also claiming wrongful death and medical negligence...
Injury lawsuit results in $760K settlement
Posted on February 09, 2009A young quadriplegic has received a $760K settlement in a personal injury lawsuit. The personal injury plaintiff received his injuries in a 2006 car crash, which snapped his neck and left him requiring 24-hour lifelong care. To read more about the personal injury lawsuit settlement...
Product liability lawsuit leads some to question Taser use
Posted on February 09, 2009Some law enforcement agencies are reevaluating the use of Tasers. Last week, a U.S. District Judge ordered Taser International to pay $1.4 million in attorney fees following a product liability lawsuit to the family of a man who died after being shocked several times...
Peanut butter recalls hit Chicago-area retailers
Posted on February 08, 2009Local Chicago-area retailers have joined the product recall following the salmonella contamination of goods made with peanut products. Illinois retailers Kmart and Fannie May issued recalls with Fannie May recalling 8 and 16 ounce bags of Bridge Mix and No Sugar Added Milk Chocolate Covered Peanuts...
Court rules that cheerleading is a contact sport
Posted on February 08, 2009High school cheerleading was deemed a contact sport by a court. The court ruled in a case closely watched in the cheerleading world. The ruling has an effect on Midwest personal injury attorneys because participants of contact sports cannot be sued for accidentally causing personal injuries...
Crane falls in construction accident and results in wrongful death
Posted on February 08, 2009Today, a bucket lift fell over, crashing into a building and injuring two construction workers in a construction accident. One of the construction workers died and the other is in serious condition. To read more about the construction accident.
Case Law Update: Strict Liability in Workers Compensation Cases
Posted on February 07, 2009Baltzell v. R & R Trucking Co., Nos. 06-1652 (2/4/09) ruled that in strict liability action by plaintiff seeking recovery for injuries received while working for third-party defendant, Dist. Ct. erred in denying third-party defendant's motion to dismiss defendants-third-party plaintiffs' contribution claims in exchange for waiver of workers' compensation lien that third-party defendant held on plaintiffs' recovery from defendants...
Legislative Update: Suits Against Metra Trains
Posted on February 07, 2009Illinois Senate Bill 84 amends the Metropolitan Transit Authority Act for civil actions against Metra. It keeps the statue of limitations at one year but deletes the six-months' notice requirement. It has currently been assigned to Senate Judiciary Committee...
Personal injury victim receives $3.25 million auto accident settlement
Posted on February 07, 2009A 27 year-old personal injury victim received a $3.25 million settlement arising from a 2003 auto accident. The victim suffered severe injuries when her car collided with another car. She underwent surgery and tried to return to work and school, but could not...
Brandy responds to personal injury lawsuit
Posted on February 07, 2009R&B singer Brandy has responded to a second car accident lawsuit filed against her in relation to her 2006 car crash. Brandy denies all of the allegations and urges her personal injury attorneys to take the case to trial. To read more about the car accident...
Pedestrian accidents are too common: what is the solution?
Posted on February 06, 2009A recent CNN.com commentary highlighted that nearly 5,000 pedestrians were killed and 70,000 injured non-fatally in pedestrian accidents in 2007. Children are especially at risk of personal injuries and wrongful death because of size, immature judgment, and lack of experience...
Federal Judge Refuses to Dismiss Federal Tort Claims Act Claim against US Forest Service
Posted on February 06, 2009US District Judge Dale Kimball refused to follow a Utah State Court?s dismissal of a case stemming from a bear attack which resulted in the wrongful death of an 11 year old boy. This Federal Tort Claims Act suit resulted when the bear sighting was reported to park officials the day prior to the attack...
Pharmaceutical company may spend $2 billion more on Zyprexa lawsuits
Posted on February 05, 2009Eli Lilly & Co., after agreeing to spend more than $2.6 billion to settle government and individual product liability claims over its antipsychotic drug Zyprexa, still faces product liability lawsuits over the drugs. These product liability lawsuits could cost the company another $2 billion...
Victim gets $600,000 settlement in personal injury lawsuit
Posted on February 05, 2009An 84 year-old woman who was hit by a car two years ago has settled her personal injury lawsuit for $600,000. After the car accident, the woman was knocked to the ground and suffered fractures to her left knee, left wrist, and right shoulder. She underwent surgery and later spent months in rehabilitation...
Illinois man fired after claiming workers? comp
Posted on February 05, 2009A former Illinois hospital employee claims that he was terminated after claiming Illinois workers? compensation. The Illinois man is seeking a judgment in excess of $50,000. To read more about the Illinois man who filed workers? compensation.
Personal injury lawsuit filed after dog attack at refinery
Posted on February 04, 2009A woman who claims that she received personal injuries after a pack of wild dogs that chased her through a local BP facility has filed a personal injury lawsuit against the refinery and its manager. The lawsuit states that she sustained multiple injuries because of the animal attack...
FDA announces criminal investigation into Georgia peanut plant
Posted on February 04, 2009The FDA has begun a criminal investigation into the Peanut Corporation of America following the salmonella outbreak. The director of the FDA?s Center for Food Safety and Applied Nutrition states that the federal agency will work with the Department of Justice to investigate and file a criminal case against the peanut processing company...
Recalls widen in peanut butter salmonella outbreak
Posted on February 04, 2009More items were recalled earlier this week in the nationwide peanut butter salmonella outbreak. Items from honey roasted peanuts to cranberry mix have been pulled from the shelves for fear of personal injuries from the product liability. These latest recalls come as President Obama promises a review of the Food and Drug Administration...
FDA says that the Peanut Corporation of America knew of salmonella contamination
Posted on February 03, 2009In the latest development in the peanut product liability issue, the Food and Drug Administration recently reported that the Georgia plant where the salmonella infection?s beginning was identified knew that they had a contamination problem. There were twelve instances on record where the plant was aware through testing of the existence of the contaminations...
Wal-Mart settles wrongful death lawsuit
Posted on February 03, 2009Wal-Mart has settled a wrongful death lawsuit filed by a man?s family for an undisclosed amount. Similar to many large settlements in Chicago and Cook County, the judge in this federal lawsuit has sealed the settlement agreement. According to the other court documents, a 66 year-old man was given the wrong prescriptions by the Wal-Mart pharmacy staff...
Police Taser lawsuit filed seeking $100K in damages
Posted on February 02, 2009A personal injury plaintiff is accusing police of negligence and personal injury, saying he actions of police officers who arrested him as extreme and outrageous. The personal injury lawsuit alleges that the officers who arrested him used a Taser on him several times after he was pulled off a man with whom he was struggling...
Wrongful death lawsuit filed over salmonella-related death
Posted on February 02, 2009The first wrongful death lawsuit has been filed following the salmonella outbreak, but other lawsuits are expected. One personal injury lawsuit has been filed by a couple whose child received personal injuries. For the full article.
Legislative Update: Mental Health and Development Disabilities Confidentiality Act Updated
Posted on February 02, 2009Illinois House Bill 283 amended the Mental Health and Developmental Disabilities Confidentiality Act to allow records and communications to be disclosed if a therapist determines that certain disclosures are necessary to initiate or continue involuntary treatment proceedings...
Legislative Update: Freedom of Information Act Updated
Posted on February 02, 2009Illinois House Bill 47 amends the Freedom of Information Act to create another exemption from the Act. It prohibits inspecting or copying files or databases maintained by law enforcement regarding the physical or mental status of one or more individual subjects...
Starbucks recalls peanut butter products
Posted on February 01, 2009Starbucks has announced that it has pulled all products containing peanut butter from its stores. The action was taken as a precautionary measure following the salmonella outbreaks. For the full article.
Peanut plant inspections lead to fines and closing
Posted on February 01, 2009The inspections of the peanut plant found areas of rust, gaps in warehouse doors, unmarked spray bottles and containers, and numerous violations of other practices designed to prevent food contamination. The plant has been shut down, following many reports of personal injuries sustained from salmonella...
Pfizer settles with government in off-label marketing case
Posted on January 31, 2009Pfizer has agreed to pay the federal government $2.3 billion in a product liability settlement over alleged off-label marketing of a now withdrawn painkiller. This settlement will be the largest ever paid by a drug company to resolve marketing missteps...
FDA investigating interaction between Plavix and heartburn medications
Posted on January 31, 2009The FDA is reviewing reports that certain heartburn medications can alter the effects of Plavix. The FDA said that patients may have trouble metabolizing Plavix, reducing its ability to prevent deadly blood clots. For the full article.
Widow of NFL player reaches settlement in wrongful death lawsuit
Posted on January 30, 2009The widow of a lineman has reached a settlement with the NFL regarding his wrongful death during his training camp in 2001. The wrongful death lawsuit claimed that the NFL had not done enough to ensure that equipment used by players protected them from personal injuries or deaths caused by heat-related illnesses...
Study finds that ADHD meds can cause hallucinations
Posted on January 30, 2009Doctors have known that some children taking medications for attention deficit hyperactivity disorder could experience psychiatric symptoms from the drugs, such as hallucinations, hearing voices, paranoia, and mania. The FDA ordered manufacturers of the medicine to add new warnings about psychiatric and cardiovascular side effects to package inserts...
Lawyer Charged with Legal Malpractice
Posted on January 30, 2009A lawyer who was appointed to oversee the assets of incapacitated clients, including children with cerebral palsy, pocketed $4 million for his own use. The lawyer and his law firm are charged with money laundering, grand larceny and scheming to defraud...
Chicago side street closed after scaffolding collapses
Posted on January 29, 2009A portion of State Street in Chicago was closed after a construction accident resulted following a scaffolding collapse. The construction accident happened at 10:30 a.m. Wednesday morning. Luckily, no personal injuries were sustained. For the full article...
Metra Electric Line Train Derails
Posted on January 29, 2009Service on Chicago?s Metra?s Electric Line was disrupted after two Metra cars derailed at the Richton Park yard. No one was personally injured in the train accident that occurred before dawn. The empty cars were being moved in the yard in preparation for the morning rush hours...
John J. Perconti of Levin & Perconti files two personal injury suits and a wronful death claim after family falls victim to truck accident
Posted on January 28, 2009Lawyer John J. Perconti of Chicago law firm Levin & Perconti filed two personal injury claims and a wrongful death suit in Kane County, Illinois on behalf of a woman who was killed in a truck accident, and her husband and 3-year-old son, who were seriously injured...
Carbon Monoxide Leaks Send 11 Teens to the Hospital
Posted on January 28, 2009Extremely high carbon monoxide levels were detected at a Chicago Boys and Girls Club, causing 11 teens to be taken to the hospital with personal injuries. All of those transported to the hospital were in good condition with personal injuries. Typically high levels of carbon monoxide are around 100 parts per million, yet the levels at the Boys and Girls Club were around 1,200 ppm...
Case Law Update: Statute of Limitations in Personal Injury Lawsuits
Posted on January 28, 2009Malone v. Corrections Corporation of America, No. 07-3640, (1/21/09) affirmed that the district court did not err in dismissing as untimely plaintiff-prisoner's sec. 1983 action alleging that guards at private prison located in Oklahoma used excessive force since said action was filed after expiration of Oklahoma's two-year limitations period for personal injury lawsuits...
Case Law Update: Liability in Slip and Fall Cases
Posted on January 27, 2009Richardson, Sr. v. Bond Drug Company of Illinois, No. 1-07-3349 (1/14/09) affirmed that the trial court did not err when it entered summary judgment in favor of defendant, owner and operator of drug store at which plaintiff fell. Plaintiff testified that he did not see any liquid on the floor, but assumed the floor was wet because knees of his pants were wet when he got up; and defendant's store manage testified that there was no liquid on floor in vicinity of plaintiff's fall...
Case Law Update: Retroactive Application in Sexual Abuse
Posted on January 26, 2009M.K. v. L.C. and N.G., No. 3-07-0735 (1/9/09) found that the trial court erred when it dismissed plaintiffs' personal injury complaints against Catholic Diocese of Peoria, individual priests, and Bishop of Diocese alleging that they were sexually abuse by priests as children...
New litigation packet: litigating claims against foreign manufacturers
Posted on January 26, 2009A new litigation packet issued by the American Association for Justice highlights issues in product liability lawsuits against foreign manufacturers. The packet addresses product liability litigation issues, including service of process, venue, forum, jurisdiction, discovery process, and enforcing judgments...
FDA website offers product recall alerts
Posted on January 25, 2009With the recent recalls and product liability warnings, a helpful website updated by the FDA is worth highlighting. The webpage includes the most serious product recalls, withdrawals and safety alerts in the last 60 days. For the website.
Police officer to get $100K in workers? compensation
Posted on January 25, 2009A former police officer who shot himself in the hand will receive a $100,000 workers? compensation payment from the city. He will not be able to return to duty. For the full article.
FDA cautions dog owners about chicken jerky products from China
Posted on January 25, 2009The FDA continues to caution consumers about a potential product liability connection between dogs becoming ill and the consumption of chicken jerky products imported from China. For the full article.
Home Explosion Creates Fire
Posted on January 25, 2009Firefighters were called to respond to an explosion in a residential garage in Warrenville, Illinois. The fire was reported as a structure fire but was later upgraded to a box alarm fire. No personal injuries were reported in the explosion, despite one person being inside the home...
Chicago Blue Line customers were
Posted on January 23, 2009Chicago Blue Line customers were taken off an outbound CTA train car when a small fire started underneath one of the cars. Early in the morning there was a report of smoke on the outbound Blue Line train car that was near the UIC Medical Center station...
Pedestrian Hit By Metra Train
Posted on January 23, 2009A Metra Train struck and killed a pedestrian early in the morning in Palatine, Illinois. Train No. 606 was scheduled to arrive at the station was stopped in the town of Palatine, Illinois and passengers had to board a different train to Chicago after the pedestrian accident...
Worries rise over pharmaceutical plants move overseas
Posted on January 22, 2009Experts and lawmakers are growing more and more concerned that the nation is becoming too reliant on medicine from abroad and may be more prone to product liability. Lawmakers are calling for a law that would require that certain drugs be made or stockpiled in the United States...
80% of pools not in compliance with new safety law
Posted on January 22, 2009The bulk of the country?s public swimming pools are in violation of a new federal safety rule aimed at keeping people from becoming trapped in underwater drains and some pools have begun closing down temporarily while they scramble to comply with the law...
Crane company to be fined over safety violations after four worker deaths
Posted on January 21, 2009The U.S. government wishes to fine a crane company over a construction accident that wrongfully killed four workers. The workers death resulted after a massive falling crane. Not only was the crane operator inadequately trained, but the project superintendent did not ensure the crane did not reach hazardous conditions...
Case Law Update: Claims in Workers? Compensations Cases
Posted on January 21, 2009Freeman United Coal Mining Company v. Van Houten, No. 4-07-0905WC (9-29-08) affirmed that although Workers? Compensation Commission?s findings that claimant proved that deceased minor suffered disablement within two years of his last exposure to mining dust, and that exposure to coal dust is a causative factor in his death, are not against the manifest weight of the evidence, its holding that the decedent?s claim abated by virtue of his death pursuant to Section 8(h) of the Act is error...
Case Law Update: Construction Accidents Lawsuits
Posted on January 20, 2009Grillo v. Yeager Construction, No. 1-07-2335 (12-31-08) decided that in a trial for personal injuries suffered by masonry contractor when he fell after scaffolding tipped during construction of residence, there was sufficient evidence that defendant was general contractor and that general manager of construction site was its agent to submit claim of negligent supervision and premises liability to jury...
Case Law Update: Defense Comments in Negligence Case
Posted on January 20, 2009U.S. Bank v. YMCA of Metropolitan Chicago, No. 1-07-0487 (12-31-08) affirmed that a trial court did not abuse its discretion when it granted plaintiff's jnov motion after it concluded that repeated inappropriate outbursts by defense counsel were so loud that they were within hearing range of jury; that they were intended to prejudice jury; and resulted in jury prejudice...
Case Law Update: Shipping Negligence in Violation of Federal Motor Carrier Safety Regulations
Posted on January 19, 2009Camp v. TNT Logistics Corp, No. 07-3386 (1/14/09) found that the district court did not err in granting defendant's motion for summary judgment in action alleging that defendant was negligent in shipment of pallet of automobile parts that injured plaintiff when she opened trailer door...
Train Derails in Illinois
Posted on January 19, 2009About 20 cars on a northbound freight train derailed in Grant Park, Illinois. Emergency crews evacuated about 50 homes east and west of the scene because two of the derailed cars were believed to be carrying denatured alcohol. The evacuees were taken to a local high school...
Second Illinois family files personal injury lawsuit in connection with Fox River drownings
Posted on January 19, 2009A second family has filed an Illinois wrongful death lawsuit following the deaths of three Chicago teenagers who drowned last November. The Cook County personal injury lawsuit asks for more than $50,000 in damages against the victims? high school and the company that organized a leadership retreat to the location of the drownings...
Illinois Grand Jury Indicts Pilot who was Under the Influence when Plane Clipped House
Posted on January 18, 2009An Illinois pilot was arrested after his plane crashed into a yard and clipped a house. The pilot was arrested after it was revealed that he was on alcohol and drugs. The pilot had been arrested and charged with operating an aircraft under the influence of drugs or alcohol...
Dangerous Dog Crackdown in Illinois
Posted on January 18, 2009The wrongful death of a 4-year-old mauled by at least one Rottweiler owned by his foster family my lead to a crackdown on how the state regulates the care of foster children in home with animals. A state representative is considering tough legislation outlawing dangerous dogs in foster homes...
Two deaths linked to salmonella
Posted on January 17, 2009The CDC yesterday confirmed a link between the contaminated peanut butter and a salmonella outbreak that has sickened more than 400 people in 43 states. Health officials, though, were not clear whether the infection was the cause of the death or whether any of the dead had eaten peanut butter...
Cribs and baby clothes recalled
Posted on January 17, 2009Stork Craft Baby Manufacturing, Inc. and federal regulators in the U.S. and Canada recalled more than one million cribs this week because of metal support brackets that can break, the latest in the rash of crib recalls that have led to infant deaths or injuries...
Builder sued after girls? death during tornado
Posted on January 16, 2009A wrongful death lawsuit has been filed by the family of a young girl who was killed in her neighbor?s house during a tornado. The family of the wrongful death victim is suing the construction company for poor construction, blaming it for the girls? death...
Federal agency recalls dangerous children?s play yards
Posted on January 16, 2009The U.S. Consumer Product Safety Commission recalled 200,000 potentially deadly Fisher-Price Rainforest-themed play yards yesterday. The product?s rails have been found to be prone to collapsing, creating hazardous consequences to the babies inside, such as trapping them, allowing them to fall out, giving them access to unsafe areas, or causing serious injuries or death...
No injuries reported for train accident near Chicago
Posted on January 16, 2009A 72-car freight train travelling to Chicago from Canada derailed in Buffalo Grove, Illinois, effecting 5000 passengers. Commuters affected by the train accident are being advised by Metra to take the Milwaukee District North Line of find an alternative way of transportation...
Fraternity wrongful death lawsuit dismissed
Posted on January 16, 2009A federal judge has dismissed a national fraternity from a wrongful death lawsuit stemming from a fatal accident that happened after a party. The judge stated that the wrongful death lawsuit defendant, the national fraternity, could not be held responsible...
Wrongful Death Suit Filed After Man Struck by Metra Train
Posted on January 15, 2009The daughter of a man struck and killed by a Metra train as he crossed the tracks in Chicago, Illinois has filed a wrongful death lawsuit. The wrongful death lawsuit claims that the train could have stopped to avoid hitting him but was heavily speeding because the train was behind schedule...
FDA?s new rules make it easier for drug companies to promote unapproved use of their drugs, possibly placing patients in danger
Posted on January 15, 2009Officials from the Food and Drug Administration have finalized guidelines that make it easier for pharmaceutical companies to use medical-journal articles to promote drugs for unapproved uses. This has lead to opposition by several lawmakers, who call the rules too lenient for allowing the drug companies to distribute articles about their products to doctors, even when the articles involve uses of the drugs that haven't been federally approved...
Report on tainted milk scandal
Posted on January 14, 2009In a case of international products liability, CNN.com recently provided a report on the tainted milk scandal. Embedded video from CNN Video
Settlement reached for family of Dollar Tree worker
Posted on January 14, 2009The family of a woman who was stabbed to death at a Dollar Tree has settled a workers? compensation claim against the retailer. The amount of the settlement was not disclosed. For the full article.
Personal injury lawsuit filed against airline, pilot in aviation accident
Posted on January 13, 2009The first personal injury lawsuit has been filed against Continental Airlines in response to a plane crash that happened last month. 37 passengers sustained injuries as a result of the crash when the airplane ran off the runway and into a ravine, catching fire...
Personal injury lawsuit filed against school district
Posted on January 13, 2009A personal injury lawsuit was filed against a school district stemming from an October 2007 incident. The personal injury lawsuit alleges that an employee of the high school harassed and detained the personal injury plaintiff. For the full article...
Peanut butter recalled among fears of salmonella
Posted on January 13, 2009King Nut Companies has issued a total recall of peanut butter amid fears of a salmonella outbreak that the CDC says has infected 399 people in 42 states. The outbreak may have resulted in the wrongful death of a Minnesota person. Dozens of individuals in California were sick from ingesting the peanut butter...
Workers compensation laws criticized for not offering enough employee protection
Posted on January 13, 2009In a report on Kansas?s workers compensation system, the Associated Press commented that reckless employers are free from legal action even if their negligence led to the injuries of a worker. Worker?s compensation benefits in the state are capped at a certain amount based on the injured employee?s wages and the extent of the injury...
Boy Dies After Attacked by Dog
Posted on January 12, 2009A four-year-old boy died after being mauled by a Rottweiler dog on the Southwest Side of Chicago, Illinois. In the same week two sisters were mauled by a Rottweiler at their mother?s home in Joliet. Rottweilers and pit bulls must have proper training so that they do not fatally attack humans...
Bat with rabies found in Chicago
Posted on January 12, 2009Chicago health officials are reminding all Chicagoans to avoid any contact with bats. One of the flying mammals in the Lincoln Square neighborhood of Chicago tested positive for rabies this week. The bat was discovered by a housecat that woke up a man and woman in the home...
Winter shoveling tips
Posted on January 12, 2009Living in Chicago, the weather is something that we cannot escape. Unfortunately, with snow this heavy, people often get injured while shoveling. The Chicago Tribune recently released some helpful tips for shoveling. 1. Drink plenty of water. Shoveling can make you dehydrated...
Fire Kills Man and Personally Injures his Two Grandchildren
Posted on January 11, 2009A fire swept through a brick bungalow in Brookfield, Illinois, killing a grandfather and leaving his two small grandchildren personally injured. The two children ages 4 months and 4 years old were taken to the hospital and are in critical condition with personal injuries...
Illinois fire kills boy, grandfather
Posted on January 11, 2009A four year-old boy became the second death following an Illinois fire that engulfed a home. The boy?s grandfather also died as result of the fire. Another child, four months of age, was admitted to a burn unit in critical condition. For the full article...
Personal injury lawsuit over escaped tiger reaches settlement
Posted on January 10, 2009The owner of the escaped tiger has agreed to pay $935,000 to two drivers who received serious personal injuries when the tiger slipped out his cage. The two injured plaintiffs will split the personal injury lawsuit settlement. They both claimed to have suffered devastating back injuries in the chain-reaction car crash...
Workers Burned When Working with Power Lines
Posted on January 10, 2009Two workers contracted by the Illinois Department of Transportation were personally injured and suffered burns when they came into contact with a power line while hoisting a road sign in Deerfield, Illinois. The personal injuries occurred near an Interstate Highway 294 ramp...
Organic food company warned to label wheat in products
Posted on January 09, 2009An organic food company was recently warned by the FDA that they must spell out that spelt is wheat. According to the FDA, it must be disclosed because it can trigger allergies. For the full article.
3 Children Die in Chicago Fire
Posted on January 09, 2009A fire in an apartment on the southeast side of Chicago killed three young children and personally injured a fourth child. The fire also spread to the roof of the 2 1/2- story building next door. The three siblings who died in the fire were ages 3, 2 and 7 months old...
$500,000 fine follows accidental death of worker
Posted on January 08, 2009An accident at a facility that converts poultry products into animal feed killed a worker and the company now faces a $500,000 fine in addition to a separate $436,000 OSHA fine. The company has stated that the tragic workplace accident has resulted in implemented measures to improve worker safety...
Cribs recalled for faulty wooden slats
Posted on January 08, 2009Jardine Enterprises and federal product-safety regulators expanded a crib recall because of wooden slats and spindles that can break, entrap, and strangle infants. This highlights continuing problems with U.S. crib safety since more than 3 million units have been recalled since September 2007...
2 Sisters Personally Injured by Dog
Posted on January 08, 2009Sisters, ages 5 and 10-years-old, have been hospitalized with personal injuries after being mauled by a Rottweiler in Illinois. The 5-year-old sister suffered the most serious personal injuries and may require extensive reconstructive surgery on her face and other parts of her head...
Judge Dismisses Cases for Thousands of Patients with Dangerous Heart Defibrillators
Posted on January 07, 2009A federal judge dismissed lawsuits that were filed in federal court on behalf of thousands of patients who have been implanted with dangerous Sprint Fidelis defibrillator-wires. It has been shown that the wires are prone to fracturing and transmitting electric shocks, which can cause severe injuries and death, and they were recalled by the FDA in October 2007...
Join the AAJ Products Liability Section
Posted on January 07, 2009The products liability section of the American Association for Justice focuses on cases and legislation regarding products liability and product safety. It covers consumer products, automobiles, toys, and more. To learn more about joining the Products Liability Section, click here...
Family Files Suit after Helicopter Crash
Posted on January 06, 2009The parents of a baby girl who was killed in a medical helicopter crash in Aurora, Illinois sued the companies that operated the helicopter. The lawsuit, filed in Cook County, was against Air Angels Inc. and Reach Medical Holdings. The suit alleges widespread negligence and systematic failures to follow safety practices that would have prevented the aviation accident...
3 Victims Die in Snowmobile Crash
Posted on January 06, 2009Three people, one from Illinois, died in a snowmobile crash. Two snowmobiles had crashed on a trail, killing both drivers and a passenger. While the local law enforcement are still investigating, no wrongful death suits have been filed. To read the full story, click here...
Helicopter Crashes Killing 8 and wounding 1
Posted on January 05, 2009Authorities are searching for clues that might determine what caused a helicopter crash that killed eight people and personally injured one bound for an offshore oil platform. The helicopter crashed shortly after taking off. Two pilots and seven passengers were aboard when the helicopter crashed...
Wrongful death lawsuit filed against sawmill
Posted on January 05, 2009A wrongful death lawsuit has been filed by the family of a man killed while working. The wrongful death lawsuit alleges safety violations. The deceased had been making wooden boards for pallets using a board edger when the edger shot back a board into his chest...
Workers burned after corn dust explosion at work site
Posted on January 04, 2009Three men were seriously burned last week after corn dust caused two explosions at a worksite. State officials are investigating the worksite to determine the cause of the explosion and any possible violations. The fire chief said that the men were lucky to survive the explosion, which was so strong that it lifted a semitruck carrying 80,0000 pounds of grain...
Cephalon settles product liability lawsuit over off-label marketing
Posted on January 04, 2009Drugmaker Cephalon has paid more than $2.6 million to the state to settle allegations of product liability lawsuit. The pharmaceutical lawsuit alleged off-label marketing of three pharmaceutical products. For the full article.
2 Killed After Plane Bursts Into Flames
Posted on January 03, 2009A couple who were flying a home-built aircraft died after their plane crashed in a Joliet, Illinois airport. The airplane was attempting to land from the west. It then came to rest on the runway of the airport and burst into flames. A spokesperson stated that the plane ?was burned beyond recognition...
Tainted Water from Steel Plant Leaking to Lake
Posted on January 03, 2009Officials at US Steel Gary Works say they are designing a plan to stem groundwater that has been leaking benzene into Lake Michigan for months. By the end of January, the steelmaker is expected to submit a treatment plan to state and federal environmental regulators for $1 million treatment system to stop the chemical leak...
Case Law Update: Insurance Indemnification
Posted on January 02, 2009Westport Insurance Corp. v. Jackson National Insurance Co., No. 2-07-1205 (12-19-08), found that an insurer was entitled to declaratory judgment that professional liability policy of insurance agency did not require it to indemnify agency from liability arising from transmission of unsolicited faxes; because advertising did not amount to rendering service as an insurance professional within the contemplation of the policy...
Fire Starts in Illinois Hospital
Posted on January 02, 2009Several patients and employees at a Chicago north suburban hospital were treated for smoke related personal injuries after a fire started in a room of the hospital?s psychiatric ward. Crews responded to a small fire in a patient?s room at the Vista Health Saint Therese Medical center in Waukegan, Illinois...
Case Law Update: Evidence in Premises Liability Cases
Posted on January 01, 2009Clarendon America Co. v. B.G.K. Security Services Inc., No. 1-07-2994 (12-19-08) is a sixth division decision which affirmed a trial court decision that general liability insurer of security firm, sued for wrongful death, personal injuries, and negligent infliction of emotional distress, resulting from its alleged negligent provision of security services at Cook County office building when fire broke out, may not use extrinsic evidence beyond language of policy and allegations of complaints against its insured, in declaratory judgment action challenging its obligation to defend insured against underlying complaints based on exclusion for joint ventures...
Parents sue amusement park after child hurt in go-cart
Posted on December 31, 2008The parents of a child injured while riding go-carts have filed a personal injury lawsuit against the amusement park. The personal injury lawsuit seeks more than $15,000 in damages for severe personal injuries sustained by the child. For the full article...
Ruling deals setback to pedestrian personal injury lawsuits
Posted on December 31, 2008An out-of-state court reviewing a map of defects in a city?s sidewalks recently ruled that the map was inaccurate and inadmissible as evidence of notice to the city. The city?s most frequent lawsuits to defend are pedestrian lawsuits filed by plaintiffs who receive personal injuries from alleged defects in sidewalks...
Some toymakers may be exempt from the lead rule
Posted on December 30, 2008Remember earlier this month, the presence of lead in toys was all over the news. Everyone was concerned that with the holiday seasons, kids would receive lead-laden toys. Then, regulations were passed overwhelmingly limiting the lead allowed in toys...
Chicago car accident involving CTA bus results in multiple personal injuries
Posted on December 30, 2008An automobile accident involving a car and a CTA bus today in South Side Chicago resulted in at least nine personal injuries. The nine people injured were taken to a Chicago-area hospital where they were treated for injuries ranging from minor to major...
Case Law Update: Damages in Personal Injury Cases
Posted on December 29, 2008Poliszczuk v. Winkler, No. 1-07-0490 (12-1-08), is a first division case which found that the trial court did not abuse its discretion when it denied plaintiffs' motion for new trial after jury, deliberating on the issue of damages only, returned verdict in their favor, but awarded them no damages for either disability or loss of normal life...
Case Law Update: Personal Injuries from Toxic Asbestos Exposure
Posted on December 29, 2008Dukes v. Pneumo Abex, No. 4-06-0235 (12-29-08) found that in a trial for personal injuries from exposure to asbestos in plaintiff's decedent's manufacturing facility, allegedly resulting from conspiracy in which defendant's predecessor participated in suppressing information about adverse health effects of exposure to asbestos, trial court abused its discretion when it admitted evidence of nolo contendere plea entered by defendant in unrelated price fixing conspiracy with some of the same companies, and when it admitted inflammatory letter written by deceased purchasing director at one of defendant's plants, who had no responsibility for safety or health and was not spokesperson for defendant...
Disabled Child Dies After Falling From Window
Posted on December 29, 2008A 7-year-old girl who used a wheelchair and was blind in one eye fell from the fifth floor of her apartment on Christmas Eve. The girl later died from her personal injuries on Christmas morning. Her personal injuries included a broken pelvis, collapsed lung and bleeding in her brain...
American Bridge fined $70,000 in bridge collapse that caused workers? death
Posted on December 28, 2008A federal agency proposed a $70,000 fine for the bridge that was being built that collapsed and caused a workers? death. The Occupational Safety and Health Administration cited American Bridge for six safety violations that caused personal injuries and proposed a total of $90,000 in fines...
High mercury levels send Jeremy Piven to the hospital
Posted on December 27, 2008Jeremy Piven was forced to leave the Broadway play he was starring in due to shocking levels of mercury in his system. His doctor believed that the mercury was due to the high amounts of sushi and Chinese herbs that Piven eats in his diet. A spell of dizziness on the show led to a three-day hospitalization...
AAJ counters tort reform advocates who want lawsuit losers to pay court costs
Posted on December 26, 2008The American Association for Justice was recently featured in a Wall Street Journal article stressing why it is important that American courts keep the ?American rule? for personal injury lawsuits and medical malpractice lawsuits. The so-called tort reform advocates are pushing courts to adopt a system where losers of personal injury lawsuits pay for the court costs, unlike the current system where attorneys? fees are collected on a contingency fee basis...
Chicago, Illinois House Fire Leaves Two Children Dead
Posted on December 25, 2008A house fire in a Chicago, Illinois home has left two children dead. The house fire allegedly started when the children used a space heater. The house fire raises the Chicago house fire death toll before the year?s end. House fires, especially in cold areas like Chicago, are common when faulty space heaters are used or if a landlord?s smoke detectors are broken or missing...
FDA warns about inadequate warning labels on diet pills
Posted on December 25, 2008Earlier this week, the FDA issued a new warning for those Americans looking to lose weight fast. The FDA recently listed more than 25 weight loss products to avoid because they contain unlabeled ingredients that could cause serious personal injuries...
City settles with Taser injury victim
Posted on December 24, 2008City officials have agreed to pay a settlement of $70,000 to the wife and child of a man who died in 2005 after police jolted him with Tasers. This is the first wrongful death settlement over the use of stun guns. For the full article.
Court dismisses appeal of $545K award in tobacco case
Posted on December 24, 2008A court has dismissed the appeal of a $545,000 verdict in a tobacco product liability case. This ruling may also affect product liability claims for other inherently dangerous products. This tobacco litigation involved cigarettes with a flawed design...
Water Main Break Traps Drivers
Posted on December 23, 2008A massive water main break trapped a dozen commuters in their cars as the swift, frigid waters flooded a suburban road, and rescuers in helicopters and boats had to pluck people from the whitewater unleashed by an aging pipe. Two people in a minivan climbed into a basket lowered by a helicopter as the floodwaters raged past them which sprayed water on a rescuer reaching out to save them...
Product liability law firm asks Supreme Court to rule on out-of-state toxic tort suits
Posted on December 23, 2008The U.S. Supreme Court is being asked to rule that courts should open their doors for out-of-state visitors with asbestos lawsuits. This is an appeal of a dismissal of toxic tort lawsuits of more than 1,000 railroad workers. For the full article.
FDA raises requirements for new diabetes drugs
Posted on December 23, 2008Under a new FDA policy, drug companies will have to test drugs on a greater number of high-risk patients, such as the elderly. This requirement is effective immediately and will help to prevent pharmaceutical product liability. For the full article...
2 Children Die and 2 Others Saved in Southwest Fire
Posted on December 22, 2008Two young sisters died and two of their siblings were personally injured in an early-morning fire in Chicago?s Southwest Side. The children?s mother apparently was not home at the time. The fire has been classified as accidental, which was probably caused by an electrical overload...
Diseased pork plant workers still not receiving workers? compensation
Posted on December 22, 2008Over a year after a neurological disease surfaced among workers at a pork plant, workers have still not received workers? compensation for their illnesses. Doctors have traced the disease to a mist of pig brains at the processing plant. Individuals who were working illegally in the plant are being denied benefits even though courts have ruled that workers can receive workers? compensation for their personal injuries regardless of their immigration status...
Injured worker seeks $75,000 after hose crushes his fingers
Posted on December 21, 2008An injured worker has filed a personal injury lawsuit against his employer after a construction accident caused him injuries on the job. The personal injury lawsuit alleges that a crane dropped a dock hose on his left fingers. He seeks $75,000 and restitution for medical care, earnings, and other associated expenses...
Construction accident results in 1 death, 18 injuries
Posted on December 21, 2008A bridge that was being used during construction of a soaring walkway to give visitors breathtaking views turned into a construction injury disaster zone when it collapsed. One worker was killed and 18 others received personal injuries. Contractors were pouring concrete on a ?canopy walk? as high as 40 feet when the bridge gave way...
Runway fire injures 38
Posted on December 21, 2008Reporters are stating it is a miracle that nobody was wrongfully killed when an airplane veered off a runway during takeoff, burst into flames and nearly broke apart. Thirty-eight people received personal injuries. The weather was clear, but cold, with winds at 38 miles per hour...
Work injury lawsuit results in $48 million verdict for paralyzed man
Posted on December 20, 2008A man who was paralyzed from the waist down after falling 17-feet from a ladder while working at a steel mill has been awarded a $48 million verdict in his personal injury lawsuit. The 42 year-old personal injury victim suffered a spinal cord injury when he fell from a ladder while at work...
Brandy faces second personal injury lawsuit stemming from car accident
Posted on December 20, 2008The car accident that R&B singer Brandy was involved in continues to haunt her. A man who received personal injuries in the car accident is now suing both Brandy and the deceased driver for personal injury and negligence. The complaint filed alleges that the personal injury plaintiff sustained serious and permanent injuries because Brandy and the deceased driver were traveling at an excessive speed and failing to maintain a safe distance from each other...
Bridge Collapse Leads to Injuries and Death of a Construction Worker
Posted on December 19, 2008A construction accident on a pedestrian bridge caused the bridge to collapse resulting in several personal injuries. The accident caused a construction worker?s death and caused other construction workers injuries that required medical treatment. There is no determination as to the cause of the bridge collapse as of yet, but it is likely an investigation will be underway...
Case Law Update: Worker?s Compensation in the Course of Employment
Posted on December 18, 2008N Ming Auto Body v. The Industrial Commision, No. 1-07-1125WC (11/18/08) is a first district case which affirmed that after the Workers? Compensation Commission affirmed that a portion of the arbitrator?s decision from Section 19(b) hearing that found that the claimant?s medical condition and surgery were causally related to an injury that arose out of and in the course of his employment, and that decision became final, the law of the case prevented later arbitrators and the Commission from overturning that finding in the hearing on permanency, even with evidence of fraud on the part of the claimant...
Woman recovering after face transplant
Posted on December 18, 2008The first person in the United States is now recovering after a facial transplant. Prior to the surgery, the personal injuries were ghastly. She had no nose, no palate, and no way to eat or breathe. Other candidates were considered and dozens of desperate burn injury victims were considered...
Case Law Update: Sovereign Immunity In Defamation Cases
Posted on December 17, 2008Cortright v. Doyle, No. 1-07-1339 (11/18/08) affirmed that the trial court correctly held that plaintiff's allegations against her supervisors for defamation, intentional infliction of emotional distress, and tortious interference with economic expectancy by virtue of their unfair and humiliating criticism of plaintiff's work performance, setting unreasonable deadlines, and unfair discipline, are really allegations against the State and are barred by sovereign immunity...
CPSC urges parents to check toys on website
Posted on December 17, 2008During the holiday season, many parents buy toys for their children. This year, the CPSC is urging parents to check its website prior to purchase to avoid product liability. Toys present safety concerns and some recently have been found to contain lead...
Crave Restaurant & Bar: The Scene of Death Due to Brain Injury
Posted on December 16, 2008A Midwestern restaurant and bar is under scrutiny after a bar patron suffered serious personal injuries that resulted in the patron's wrongful death. Criminal charges have been filed against an employee of the Crave lounge yet no word exists yet if a personal injury lawsuit or wrongful death lawsuit have been filed...
Case Law Update: Investigators in the Federal Torts Claim Act
Posted on December 16, 2008Reynolds v. U.S., No. 08-1634 (12/9/08) found that the district court erred in dismissing the original case for failure to state valid claim for plaintiff's FTCA lawsuit alleging that investigators employed by defendant initiated malicious prosecution by submitting knowingly false information to prosecutors...
Asbestos lawsuit ordered to move
Posted on December 15, 2008An asbestos injury plaintiff who lived in Maine and contracted mesothelioma there was told that he cannot file the product liability lawsuit in Texas in an effort to recover damages more quickly. The injured plaintiff must instead file in Maine. For the full article...
Manufacturers found not liable in asbestos lawsuit
Posted on December 14, 2008In recent cases dealing with asbestos-related illness, a court ruled that a manufacturer cannot be held liable for failing to warn about the hazards of someone else?s product. This limits the class of defendants subject to product liability lawsuits...
City looks to settle wrongful death lawsuit
Posted on December 13, 2008A wrongful death lawsuit looms and could deplete a city by up to $750,000. The wrongful death lawsuit was filed by a widow of a public works employee killed on the job in 2005. Personal injury attorneys state that if the wrongful death lawsuit goes to trial, the family could be awarded more than $1 million if they prevail at trial...
Plaintiff Awarded $14 Million in Utility Negligence Case
Posted on December 12, 2008Plaintiffs who were the property owners of eight houses that were destroyed by a landslide in a home subdivision alleged there was utility negligence and failure to repair a water leak in a timely manner. The association consists of 58 units. The plaintiffs maintained that the city and its water authority were negligent in failing to repair a leaking fire hydrant and underground water main in a timely manner...
FDA hears testimony about safety of asthma drugs
Posted on December 11, 2008Last week, the FDA heard testimony regarding product safety and liability of asthma drugs. One drug official told a panel that more than 14,000 people may have wrongfully died since 1994 after taking popular asthma drugs. Another suggested that even more may have died without the medicines...
Crib hazards spotted after database developed
Posted on December 09, 2008The U.S. Consumer Product Safety Commission recently created a database designed to better spot crib hazards. With the database, the CPSC was able to discover a pattern of dangerous cribs and issued the product liability crib recall. For the full article...
Military Jet Crash Kills Three People
Posted on December 09, 2008Three people died and two homes were destroyed after a fighter jet returning to a Marine base from a routine training mission crashed in flames into a residential neighborhood yesterday. Burning debris severely damaged other homes and property near the crash site...
Case Law Update: Wrongful Death in Terrorism
Posted on December 07, 2008In Boim v. Holy Land Foundation For Relief and Development, No. 05-1815 (12/3/08) the Illinois appellate court found that the district court did not err in granting plaintiff's motion for summary judgment in action under 18 USC sec. 2333(a) seeking recovery for death of plaintiff's son where defendants allegedly provided financial support to known terrorist (Hamas) who caused death of plaintiff's son...
4 residents and 1 firefighter injured in West Chicago fire
Posted on December 07, 2008Four residents and a fire fighter experienced personal injuries in a Chicago fire that started in a garage on Saturday. The blaze was raised to an extra alarm because of cold temperatures and 20 mile-per-hour winds. It took 50 firefighters about an hour to control the fire...
Case Law Update: Personal Injury Negligence Found by Jury
Posted on December 06, 2008Lazenby v. Mark?s Construction, Inc., No. 107192, presented the question as to whether the trial court properly denied plaintiff's motion for judgment n.o.v. in action seeking recovery for injuries sustained while plaintiff-firefighter was responding to fire on defendants' construction project...
Case Law Update: Dismissal in Wrongful Death Case
Posted on December 06, 2008Winters v. Wangler, No. 4-07-1044 (11-26-08) found that the trial erred when it dismissed plaintiff's complaint for wrongful death against operators of farm equipment and escort vehicles alleging that they negligently failed to accurately warn plaintiff's decedent of oversized farm equipment being driven on highway at night...
Chemical Spill Prompts Evacuation of High School
Posted on December 05, 2008A hazardous materials spill caused a minor explosion in a science lab of a Chicago suburban school. Both students and faculty at Hoffman Estates High were sent outside in response to a fire alarm prompted by a chemical reaction. Students were transferred to the gymnasium...
Lead-laden toys may still be at stores
Posted on December 04, 2008In a recent testing of toys, nearly a third tested positive for medium to high levels of lead, cadmium, mercury or other potentially dangerous chemicals. Product liability recalls are on the rise, with two-thirds of the product liability recalls being children?s toys, nursery items, and clothing...
Class-action asbestos lawsuit settles for $140 million
Posted on December 03, 2008A company recently agreed to pay up to $140 million to settle a personal injury lawsuit stemming from its use of attic-insulating product that contained asbestos. The company will pay $30 million cash into a trust fund, an additional $30 million cash after three years, and make up to 10 additional annual payments of $8 million if certain conditions are met to resolve the asbestos personal injury claims...
Wrongful death lawsuit alleges that medical product caused death
Posted on December 03, 2008The family of a woman who went into respiratory arrest and died after neck surgery is now suing Medtronic, Inc. for wrongful death. The wrongful death lawsuit blames the death on the use of a fast-selling bone-growth protein. There is also a Justice Department investigation into the product?s use for purposes not approved by the FDA...
FDA Comes under Fire for Chemicals in Baby Formula
Posted on December 02, 2008The Food and Drug Administration is receiving heavy criticism from members of Congress, public interest groups, and consumer advocates, who charge the agency with failing to act after discovering trace amounts of melamine in baby formula sold in the US...
Products liability podcast released regarding the Consumer Products Safety Improvement Act
Posted on December 02, 2008An audio seminar was recently released entitled What the Consumer Products Safety Improvement Act of 2008 Means for Products Liability. It can be downloaded to your computer or iPod or can be sent on a CD. The seminar focuses on the impact of the Act on manufacturers, importers, retailers, and distributors...
Illinois committee approves workers comp settlements totaling $270,100
Posted on December 01, 2008Last week, an Illinois city council finance committee approved seven Illinois workers? comp settlements totaling about $270,100. Some of the workers? comp injuries are several years old, but the council had to wait until an injured party completed treatment to negotiate a settlement...
Potential Liability of Walmart in Black Friday Stampede
Posted on December 01, 2008A Walmart employee was killed on Friday morning after an unruly crowd rushed to the doors of the store and trampled him. Also, a 26 year old woman suffered a miscarriage after being overcome by the throngs of shoppers. The crowd had assembled outside the store at 5 A...
Carbon monoxide leak kills family
Posted on December 01, 2008A family of four were found dead in a home with high levels of carbon monoxide where they were meeting friends for the weekend. A team of technicians determined the house?s hot water and snow melting systems malfunctioned, causing the extreme levels of carbon monoxide in the house...
Toddler Killed in South Side Fire
Posted on November 30, 2008A 2-year-old boy was killed in a house fire in Chicago?s South Side?s Back-of-the-Yards neighborhood. The fire occurred in a 1 ½ story house in the 5700 block of South Hoyne Avenue. When firefighters arrived they found the blaze ?fully involved? with fire shooting out of windows from the front of the house...
Flood victims file personal injury lawsuit in federal court
Posted on November 30, 2008More than 100 residents impacted by a flood early this year filed a personal injury lawsuit in U.S. District Court last week. The flood victims are seeking compensation regarding negligence, infliction of emotional distress, and personal injury. Specifically, the personal injury claims involve risk to the plaintiffs? health by flood waters, mud, mold, bacteria, and other toxins...
FDA sets high standard for melamine in baby formula
Posted on November 30, 2008Two months ago, federal food regulators said that they were unable to find a safety threshold for the industrial chemical of melamine in baby formula. Now, they have found a way to settle on a standard that allows for higher levels than those found in U...
Wal-Mart death was avoidable, according to Union
Posted on November 29, 2008The death of a temporary Wal-Mart worker trampled by customers on Black Friday could have been avoided. A union that represents retail workers said that the incident was avoidable if there were safety barriers, security, and foresight in the dangerous numbers of customers barreling down on the store in an unsafe matter...
Fires burn 3 homes in Chicago suburb
Posted on November 29, 2008Early this morning, three homes in the Chicago suburb of Blue Island were engulfed by flames. Luckily, no burn injuries were reported. Firefights from Chicago and suburban cities such as Blue Island, Posen, Calumet Park, and Oak Forest assisted in battling the fire...
Travis Barker gives thanks for life on Thanksgiving
Posted on November 28, 2008On Thanksgiving, Travis Barker, who recently filed a personal injury lawsuit for the near-fatal plane crash he was involved in, wrote a moving Thanksgiving note expressing his gratitude to friends, family, and fans. Barker and his friend DJ AM were the only survivors of the Learjet that failed to clear a runway at a South Carolina airport and burst into flames...
Naperville Girl Dies after Falling into Pond
Posted on November 28, 2008A 9-year-old girl died after she fell into a thinly frozen pond in a Naperville, Illinois subdivision. The girl remained submerged in the water for about 15 minutes after she fell. The 9-year-old slipped through the ice after she and a cousin attempted to walk across a frozen retention pond...
Consumers Warned of Toxic Toys and Toy Dangers
Posted on November 27, 2008The Illinois Public Interest Research Group (IPIRG) has issued its annual Survey of Toy Safety. This year?s report focuses on toxic toys and it particularly warns against toys that contain phthalates, a chemical used to soften plastics. Phthalates are often used to make the plastic in teething toys, bath books and rubber duckies soft and flexible, but the chemicals are suspected of causing reproductive and developmental problems, especially in boys...
Are Toys Safer this Christmas?
Posted on November 27, 2008Increased testing has made toys safer this Christmas than last year, says both government regulators and toy experts. Only 74 toys have been recalled this year, all related to elevated lead levels. Lead is especially harmful to a child?s developing brain...
Settlement reached in personal injury lawsuit against Six Flags for girl whose feet were severed on ride
Posted on November 26, 2008A confidential out of court settlement was reached last week in the personal injury case brought on behalf of the 13 year-old girl whose feet were severed while on a ride at Six Flags Kentucky Kingdom in June 2007. Kaitlyn Lasitter was riding the ?Superman Tower of Power? ride, which lifted its passengers 177 feet before dropping them, reaching speeds over 50 mph, when a cable broke and severed her feet...
Teen Personally Injured After Leaping from SUV
Posted on November 26, 2008A 17-year-old student was still listed in critical condition with personal injuries after he leaped from a moving sport-utility vehicle as part of a weekend game that awarded teens points for recording each other performing certain stunts. The teen was taken to the hospital following the incident and is still in critical condition with personal injuries in St...
FDA alert: Chinese milk products high risk
Posted on November 25, 2008The FDA has recently warned of products liability in Chinese milk products. The FDA has confirmed reports of melamine, an industry chemical, in products containing milk, such as frozen yogurt, eggs, and fish feed in China. Consuming large amounts can lead to kidney stones and death...
Window Blind Recall after Death
Posted on November 25, 2008The Consumer Product Safety Commission said a 1-year-old girl died in April when she got caught in the inner cord of a set of IKEA Roman blinds over her playpen. The commission also received a report of a 2-year-old girl who nearly died in June on the beaded-chain loop hanging from a set of shades...
Chicago jury awards $16.5 million in fentanyl death case
Posted on November 25, 2008An Illinois jury reviewing a Chicago personal injury lawsuit found two Johnson & Johnson subsidiaries liable in the death of an Illinois woman. The Chicago jury ordered the companies to pay the family $16,560,000. When the personal injury victim died in 2004, she was using a patch prescribed to reduce the almost constant pain as a result of a brain injury...
Personal injury lawsuit filed against Martha Stewart for collapsing lounge chair
Posted on November 24, 2008A personal injury lawsuit was filed claiming that a Martha Stewart lounge chair collapsed on him after the front legs collapsed. The collapse crushed his right index finger. The tip of his finger allegedly fell beneath a deck and was eventually retrieved by a family member...
Victoria?s Secret facing personal injury lawsuits after consumer suffers skin injuries
Posted on November 24, 2008A personal injury law firm has filed a personal injury lawsuit on behalf of a woman who has used products from Victoria?s Secret. The personal injury lawsuit alleges that the products caused an adverse reaction after the consumer wore the undergarments and intimate apparel...
Court extends statute of limitations for personal injury lawsuits
Posted on November 23, 2008A 1993 court decision setting the statute of limitations for individuals who are mentally ill at five years has been reversed. The South Dakota Supreme Court reversed and extended the statute of limitations for personal injury lawsuits to eight years...
Travis Barker files personal injury lawsuit against airline and tire companies
Posted on November 23, 2008Travis Barker, who recently survived a deadly plane crash, has filed a personal injury lawsuit against four companies. The personal injury lawyer who filed the lawsuit alleges that the man was hurt and injured in his health, strength, and activity, sustaining injuries to his body and shock and injury to his nervous system...
Urgent Recall of Mylicon Baby?s Gas Relief Drops
Posted on November 22, 2008Johnson & Johnson & Merck have called an urgent nationwide recall of about 12,000 units of Infant?s Mylicon Gas Relief Dye Free drops (simethicone-antigas) non-staining, packaged in 1 oz. plastic bottles that were sold after October 5, 2008. The manufacturer initiated this recall after discovering that, as a result of the manufacturing process, some bottles could contain metal fragments which could cause personal injuries...
Mother Sues For Wrongful Death after Son Drowns
Posted on November 22, 2008The mother of a high school student who drowned when his paddleboat sank in the Fox River near the Chicago suburb of Algonquin is suing the school and the camp he was attending, claiming their negligence caused the wrongful death of her son. The bodies of the teenagers were recovered from the lake and all were pronounced dead a the scene...
Companies? Improper Labeling of Food Threatens Those with Allergies
Posted on November 22, 2008Manufacturers mislabeling their products and regulators failure to police store shelves have led to children with food allergies suffering life-threatening and completely avoidable allergic reactions. An investigation revealed that the government rarely inspects food to find problems and does not punish companies that repeatedly violate labeling laws...
Case Law Update: Statute of Limitations in Personal Injury Cases
Posted on November 21, 2008Gianni v. Kumho Tire U.S.A., Inc., No. 2-07-1065 (10-22-08) found that the trial court erred when it dismissed third party complaint for contribution in connection with products liability personal injury complaint for violation of limitations period of Section 13-204(b) of Code of Civil Procedure; because limitations period was tolled during mandatory stay of SCR 306(g) while case was on interlocutory appeal of denial of forum non conveniens motion...
Chicago Jury Awards $16.56 Million In Wrongful Death Lawsuit against Duragesic Pain Patch Manufacturer
Posted on November 21, 2008A Cook County jury awarded $16.56 million to the family of a 38-year old mother of three who died from a fentanyl overdose following her use of a Duragesic pain patch. After a three-week product liability trial, the jury returned the verdict against two defendants, both of which are Johnson & Johnson subsidiaries...