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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: 11.9/day

Last Entry: April 01, 2011 at 11:59:47

Lilly to pay $22.5 million to settle Zyprexa lawsuit

Posted on August 23, 2009
A 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, 2009
According 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, 2009
An 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, 2009
A 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...

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Railroad injury lawsuit reaches $2 million settlement

Posted on August 20, 2009
A 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, 2009
Eskridge 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, 2009
Schur 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, 2009
A 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, 2009
A 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, 2009
Estate 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, 2009
The 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, 2009
A 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, 2009
A 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, 2009
A 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, 2009
Following 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, 2009
Illinois 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, 2009
The 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, 2009
Buchel-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, 2009
Product 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, 2009
The 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, 2009
McBride 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, 2009
Baird 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, 2009
RAG 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, 2009
Health 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, 2009
Last 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, 2009
Merck & 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, 2009
A 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, 2009
FDA 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, 2009
Indiana 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, 2009
Several 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...

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