Illinois Injury Lawyer Blog

It seems almost too appalling to be true, but a health professional was recently indicted for using office supplies – instead of legitimate sanitary medical devices – to treat patients.

Any Chicago personal injury attorney can attest that Illinois medical malpractice lawsuits arise all too often when practitioners’ intentionally harmful acts harm patients. Doctors, dentists, and other healthcare professionals owe a duty of care to their patients. Part of that duty includes providing the best care, and ensuring that their actions don’t unreasonably put their patients at risk.

But that risk is exactly what has happened in a recent case where a former dentist has pleaded guilty to Medicaid fraud after using paper clips instead of stainless steel posts when performing post-buildups following root canal procedures. According to a report published by MSNBC, the reason the dentist had used the paperclips was because they were significantly cheaper than the requisite steel posts. Prosecutors say that the Medicaid fraud totaled $130,000 from the scheme.

Says MSNBC, the 53 year-old dentist used sections of paper clips from his office, instead of the professionally-accepted stainless steel posts.

A “root canal” procedure is the colloquial term for an endodontic dental operation; the inner pulp of an infected tooth is removed, the duct of the tooth is cleaned out and disinfected, and then the space is packed with an inert filling material. If the tooth is weak and cannot sustain pressure on its own, a dentist will perform a post & core build up, removing some of the filling material and implementing a stainless steel post to give the crown (the fabrication that replaces the visible tooth) some stability. When paperclip pieces are used instead of the sterile steel posts, the risks of infection are high.

Illinois medical malpractice lawsuits arise when people are injured by careless or intentional acts on the part of a doctor, nurse, hospital, or other healthcare provider. Healthcare professionals owe a duty of care to their patients, and when that duty is breached – such as in situations where the provider fails to diagnose an illness – the failure is said to be a "tort," or civil wrong, which can provide the basis for a lawsuit. As a result, the healthcare professional or institution may be made to pay damages to put the injured person back in the position he or she was in prior to being injured.

Though at this point the dentist is only facing criminal charges for the alleged malpractice and harm to his patients, victims of his injurious procedure who were harmed by his paper-fastener proclivity may have grounds to file lawsuits against the dentist. The paperclip parts – and the resulting contamination – can cause infection and enormous discomfort; if personal injury lawsuits are indeed brought against the dentist, he could be made to pay his victims monetary damages for pain and suffering, as well as for the necessity of future medical and dental work. Additionally, a court may find that the dentist is liable for punitive damages, which are implemented in Illinois personal injury lawsuits to punish the wrongdoer for his or her egregious bad actions. Punitive damages also serve to send a message to others in similar positions to the defendant party such as other dentists, urging them not to act in the same harmful way.

Special laws are in place to protect patients from negligent or intentionally harmful health care professionals, and an attorney may be able to advise you of your rights under the law.

Our Chicago personal injury attorneys spoke too soon when we postulated last week that it was already a busy time of year for automobile recalls.

Following retractions by both Ford and BMW, Kia Motors is the latest automaker to have products join the list of retracted cars, after it was found that both Kia Optima sedans and Kia Rondo crossover vehicles have potentially faulty driver airbags.

Kia Motors America is the American branch of sales, marketing, and distribution of Kia Motors Corporation, a multinational car-manufacturing conglomerate that reported sales of over 1.4 million vehicles in 2010. Kia Motors America first began producing automobiles in the United States in 2009, and it is this plant at which the Optima sedan and other crossover vehicles are manufactured.

According to a report issued this week by MSNBC, Kia is recalling 145,755 vehicles across the United States because the clock-spring contact assembly for the driver's-side air bag supplemental restraint system may become damaged over time, potentially causing the driver's air bag not to deploy.

In 1984, the United States government amended the Federal Motor Vehicle Safety standard to require that cars produced after 1989 be equipped with either airbags or an automatic seatbelt. In the years since, statistics have shown the enormous benefits of airbags, and federal safety standards have increased to necessitate airbags in all passenger vehicles.

For most recently produced cars, a central Airbag Control Unit (ACS) monitors sensors within the vehicle to determine pressure on the car, impact to the automobile, and/or brake pressure. When the threshold on one of the sensors is reached, the ACS directs the airbag to deploy, which rapidly inflates a nylon fabric bag. The bag is slightly porous, and when the vehicle’s occupant collides with the airbag, it releases the inflating gas through small holes in the bag; in doing so, (and in addition to restraint provided by a seatbelt,) it precludes the passenger from colliding with the much harder inside wall of the automobile, preventing more serious injuries. If an airbag does not deploy as intended, the risks arise of the passenger either colliding with the car itself or with the still-inflating airbag.

Corporations owe a duty of care to consumers. When their products ultimately harm consumers, those companies may be held legally responsible for damages from those injuries. In this case, if a Kia owner’s airbag does not inflate properly upon impact, the driver of the vehicle could suffer more serious injuries than if the airbag had been working properly. Although Kia Motors would not be liable for causing the crash, they could potentially be responsible for causing circumstances that made resulting injuries worse.

Though to date, Kia Motors is not aware of any injuries caused by the faulty airbags, if a car accident occurred and the airbags failed to deploy, Kia could be held legally responsible for the monetary damages required to compensate the consumer if it can be shown that his or her injuries are worse as a result of Kia’s defective product.

When consumers are harmed because products are unsafe, an Illinois personal injury lawsuit may arise, and the corporations responsible for production may be made to pay compensatory damages to put the consumer back in the position they were in before the injury occurred. This includes covering medical and hospital expenses, and in more serious cases, compensating the victim for a loss of normal life or lost wages. In some cases when the companies’ errors are egregious, they may also be made to pay punitive damages which serve to punish the company and to send a message to others in the same position to be more careful in the future.

For this particular recall, the models affected are 9 5,569 2006-2008 Optimas and 50,186 2007-2008 Rondos. Our Chicago personal injury attorneys want consumers to be careful; if you have one of these cars, do not drive it until it has been examined by a licensed Kia dealer.

Illinois premises liability law is a significant branch of Illinois personal injury law that allows victims to recover after they have been injured on another person’s property and the negligence of the property owner was the cause of that harm.

That’s exactly what’s being alleged in a recently filed Chicago wrongful death lawsuit. The mother of a woman who was killed in a fire in high-rise apartment building on Lake Shore Drive earlier this month brought the claim. According to the Chicago Sun-Times, the lawsuit alleges that the companies responsible for managing the building, 3130 N. Lake Shore LLC and Planned Property Management Inc., are legally liable, and that the 32 year-old woman would otherwise be alive, had there been a sprinkler system in place to put out the fire.

Additionally, the claim asserts that that the two management companies failed to warn the woman of the fire in the building, and permitted her to use the elevators when they "should have known if was not safe to do so."

The Chicago Sun-Times reports that the woman died from carbon monoxide intoxication, and inhalation of smoke and soot after she took the elevator to the 12th floor of the building. The tenants of the apartment in which the fire started had left their door open so a pet could escape; nevertheless, the toxic fumes seeped out as well, leading to the woman’s death.

When an accident or injury occurs to a an individual who – at the time of the injury – is on another person's property, the owner or manager of the property may be liable if it can be proved that their negligence led to the injury.

In cases such as this, Illinois premises liability law may be triggered if it can be shown that the property owners or managers either failed to maintain the property, created unsafe conditions that caused the injury, or knew about the unsafe hazard but didn't alert visitors or tenants to this fact.

In this particular situation, legal responsibility could potentially arise from two issues: initially, the fact that the building owners failed to install sufficient sprinklers to extinguish a fire is a prime example of failing to maintain the property, and even created a situation where a potentially dangerous set of circumstances could arise. Moreover, the fact that the woman was allowed to use the elevator and was never warned of the fire in the building is epitomical of failing to alert individuals of dangerous circumstances.

If the property managers are indeed held liable for having been negligent, and it can be shown that their negligence caused or contributed to cause the woman’s death, they may be on the hook for a lot of money.

In Illinois wrongful death cases, relatives and loved ones may be able to receive compensation for their loss; this often comes in the form of damages for loss of companionship, or damages for lost wages that the individual would have otherwise contributed to supporting his or her family. Though a lawsuit can never bring a loved one back to life, it is a step in the right direction, both for achieving justice, and making those at fault pay for their careless actions.

A devastating tragedy reported by the Chicago Tribune has people wondering who’s to blame.

This week, the heartbreaking death of a five year-old child occurred after police in Chicago Heights, Illinois, handed car keys to an intoxicated adult.

According to the Chicago Tribune, after a 23 year-old woman was pulled over and taken into custody for driving with a suspended license, police gave the keys to the 1998 Chevy Cavalier to the woman’s boyfriend; her five year-old son was strapped in a car seat in the back seat.

The woman’s boyfriend spent much of the evening drinking with friends, reported the Chicago Tribune. At some point during the evening, the woman and her son joined him, and, because she wasn’t drinking, she was supposed to drive them back to the man’s house. Instead, she was stopped at 2:35 a.m. by Chicago Heights police for making an improper turn without a signal, reports show. An officer arrested her and handed the vehicle and her son over to her boyfriend.

According to authorities, the boyfriend “didn’t seem drunk.” Nevertheless, less than 40 minutes after the traffic stop, the man veered off the road and the car slammed into a tree. The young boy was killed at the scene, but the driver was unhurt.

Apparently the man’s blood-alcohol level was more than three times the legal limit, and he had marijuana in his system; he has since been charged with felony driving under the influence of alcohol and reckless homicide in the single-car accident, reported the Chicago Tribune. However, the issue remains that the municipal police not only permitted, but also encouraged the man to drive.

Police have a duty of care to the people they protect. Chicago personal injury law principles hold that when people take a particular job in which they undertake to provide services needed for the safety of others, they assume a duty to carry out this promise and are required to use reasonable care in performing their duties.

When the person offering to provide those services fails to use reasonable care in carrying out the job, and his or her negligence causes injury to another person, the negligent person is responsible for the injuries caused, and may be made to answer to an Illinois personal injury lawsuit.

In this particular case, the Chicago Heights police undertook to provide safety to their constituents. They failed to use reasonable care because they didn’t ensure that the man was able to safely operate the car, and this failure ultimately was a cause of the little boy’s death.

Even though the driver has been indicted, the charges understandably provide little consolation to the boy’s family. Illinois personal injury lawsuits attempt to put people back in the position they were in prior to the injury or accident occurring by covering medical expenses, lost wages, or by compensating people for pain and suffering or the loss of a loved one.

Though they cannot bring back lost life, Chicago personal injury lawsuits are vital in the pursuit of justice.

Arguably sponge cake isn’t particularly healthy in any case, but given the FDA’s latest recall, this particular fare could be especially dangerous.

This latest food recall is for Rich Products Corporation’s 1/4 Sheet Artificially-Flavored Vanilla Pre-Soaked Sponge Cake. According to the report issued by the United States Food & Drug Administration, small plastic fragments ranging from 1/4 inch to 3/4 inches, from the pastry’s packaging were found in and on the cakes. As with any foreign object, ingesting these plastic pieces can be potentially dangerous.

Rich Products Corporation is a multinational food-manufacturing corporation headquartered in the United States. The company currently ranks number 161 on Forbes’ list of America’s Largest Private Companies, and sells more than 2,000 different types of products in 73 countries to retailers, in-store bakeries, and other foodservice distributers.

An investigation conducted by Rich Products revealed that the problem was caused by a change in the resin used by the supplier of the plastic packaging. The FDA stated that company is now working with the packaging’s supplier to ensure that defective containers are removed from distribution and that monitoring systems are in place to prevent this problem from happening again in the future.

Although no injuries have yet been reported, the potential for harm is significant enough that the corporation issued a voluntary recall as a precautionary measure. When foreign objects are swallowed, they can cause irritation, inflammation, and scarring to the digestive track. Additionally, they can obstruct passageways either by the size of the object or because of the scarring that is caused from the irritation.

In order to remove a foreign object – such as one of these plastic pieces – after it has been swallowed, a person may need to undergo either surgery or endoscopic foreign body retrieval, which is a collection of techniques in which a gastroscope is used to locate the item and remove it via manipulation.

Illinois product liability law holds that food distributers have a duty to sell reasonably safe food, and are responsible for products they disseminate to the public. When those products cause illness, injury, or death to consumers, the companies are liable for the harm caused. Individuals who suffer due to dangerous food products may be able to seek compensation for economic and non-economic damages.

In this case, if a person swallows one of these plastic pieces and is harmed as a result, Rich Product Corporation could be made to answer to an Illinois product liability lawsuit and be held legally responsible for damages to compensate the victim for medical and hospital expenses, as well as for harm suffered.

Products affected by this retraction include 1/4-sheet cakes sold at in-store bakeries across the country. Customers who have purchased these cakes are urged to destroy or dispose of the affected product.

If you or a loved one have been harmed by this cake – or any other kind of dangerous product – contact an attorney to understand your rights under the law. You may be entitled to compensation for your injuries.

A recent report by the Chicago Tribune reveals a devastating problem: manufacturers of window blinds have ignored demands from federal regulators asking for increased safety standards and to eliminate exposed cords on window blinds and shades that pose a fatal safety risk to young children.

According to U.S. regulators, children can get caught in the cords that hold the blinds together or the cords that are used to pull blinds up and down. In fact, the Federal Safety Agency has said that more than 200 children in the United States have died in the last two decades from being strangled in window cord-related accidents with blinds and shades. Nevertheless, manufacturers, who are responsible for setting their own safety standards, have implemented less-stringent requirements that, according to the Chicago Tribune, advocates say won’t reduce injuries or deaths.

In the summer of 2011, safety regulators from the United States, Canada, and Europe appealed to the window blind industry to raise product safety standards that would reduce the risk of strangulation. However, “the industry is clinging to the status quo and is refusing to address this very dire safety issue,” said Rachel Weintraub, director of product safety with the nonprofit Consumer Federation of America and a member of a task force drafting the new standards.

Safety regulators want the window-covering producers to manufacture blinds without the long cords used to pull blinds up and down; these cords can get wrapped around the necks of children, causing death and serious injuries. In response, manufacturers have said that it’s just not feasible to rid blinds of cords, and that it’s impossible – and unrealistic – to rid the product of all risks.

But that’s not quite right. According to the Chicago Tribune, some companies already make blinds with inaccessible cords. The only issue is that, although that technology exists for some blinds and shades, the cordless technology can add to costs. Asked Bill O’Connor, president of B&W Window Fashions in Waukegan, Illinois, “if it’s a better mousetrap, why isn’t it offered as a standard feature?” His company has developed a Roman shade that doesn’t have accessible cords, and doesn’t cost more to make.

When a company manufactures a product to be marketed to the public, the company is responsible for ensuring the safety of those products. There are three main types of Illinois product liability claims:

1. A manufacturing defect, which generally occurs when an otherwise safe product is assembled carelessly;
2. A design defect, which occurs when, no matter how well the product is put together, its intent or layout is inherently dangerous;
3. A failure to warn, which can occur when a product markets a product that they know to be potentially hazardous, and fails to warn consumers of the latent danger.

In this particular situation, two of these types of liability are incurred. No matter how well the blinds are put together, they pose a risk of strangulation to children. Because these products are inherently dangerous, if a child is harmed or killed by the blinds, the manufacturer could be held legally responsible for the damages caused, and an Illinois wrongful death lawsuit could potentially arise.

Additionally, these dangerous products don’t carry warnings. According to the Chicago Tribune, federal regulators are also proposing that manufacturers require that a warning label on product packaging saying: “for child safety, consider cordless alternatives or products without accessible cords.” Nevertheless, safety advocates say the warning doesn’t explicitly tell parents not to use the products if children are in the home. If parents are unaware of the strangulation hazards posed by the window-coverings and a child is harmed as a result, the parents may be able to bring a Chicago personal injury lawsuit on behalf of the child.

At this point we can hope that regulations passed are stringent enough to protect children, and urge parents to become educated about the safety hazards associated with these products. We are especially proud of our Chicago personal injury attorneys and the changes that their efforts have brought with regard to dangerous products and Illinois product liability law. In many instances, they have not only recovered substantial verdicts and settlements for our clients, but also helped to ensure that the defective product was removed from the market and prevented from causing any further pain, suffering, and damage.

Following on the heels of Ford’s recall for a half-million defective vehicles, our Chicago personal injury lawyers were concerned to read about BMW’s recall of almost 89,000 Mini vehicles due to an issue with the electronic circuit board in the car’s inner-engineering.

BMW, or Bavarian Motor Works, is a German international luxury automobile-, motorcycle-, and engine-manufacturing conglomerate that owns and produces motor vehicles under the brands BMW, Mini, and Rolls-Royce. Although BMW started out as an airplane-engine manufacturer, it is now one of the world’s most successful automakers; in 2010, the BMW group produced almost 1,500,000 automobiles across all of its brands.

Nevertheless, Mini brand vehicles from model years 2007 through 2011 have been retracted from the market because overheating in the car’s circuit board may lead to fire. The flaw relates to the electronic circuit board that controls the electric auxiliary water pump used to cool the turbocharger. When it’s not working properly, the circuit board may overheat, which is what may cause the flames.

Corporations owe a duty of care to consumers. When they put products on the market that harm customers, those companies may be held legally responsible for damages from those injuries. If a fire starts in the Mini’s engine that causes an accident or injury to the consumer, the BMW group could be held legally responsible for the monetary damages required to compensate the victim.

When consumers are harmed because products are unsafe, an Illinois personal injury lawsuit may arise, and the corporations responsible for production may be made to pay compensatory damages to put the consumer back in the position they were in before the injury occurred. This includes covering medical and hospital expenses, and in more serious cases, compensating the victim for a loss of normal life or lost wages. In some cases when the companies’ errors are egregious, they may also be made to pay punitive damages which serve to punish the company and to send a message to others in the same position to be more careful in the future.

Nevertheless, this isn’t the first time Mini vehicles have faced this problem; last October, Mini brand cars were found to have a similar design issue that led to the recall of about 32,000 vehicles.

According to BMW, owners will be notified next month, and local dealerships will replace the defective water pump for free. Our Illinois personal injury attorneys want people to be especially cautious. If you have one of these types of vehicles, it is best not to drive it until it has been inspected or repaired by a licensed BMW/Mini dealer.

For this particular recall, affected models include: 2007-2011 Mini Cooper S;
2008-2011 Clubman; 2009-2011 Cooper S Convertible; 2011 Countryman; 2009-2011 Mini John Cooper Works (JCW); 2009 Clubman JCW; 2010-2011 Mini JCW Convertible.

If you or a loved one have been injured as a result of a dangerous or defective product, contact an attorney immediately to better understand your rights under the law. You may be entitled to compensation for your injuries.

It sounds like something out of a horror movie, but it’s actually the subject of the FDA’s latest recall.

Bedford Laboratories, a pharmaceutical- and medical device-manufacturing corporation has just recalled two vaccines after it was found that vials of the injections contained glass particles.

Bedford Laboratories is an American manufacturer that supplies an extensive selection of critical-care and medically necessary multisource and specialty injectable products to the healthcare marketplace. This is the second recall for the same product; according to the FDA’s report, the recalls were first initiated in August of 2011 after visible glass particles were found in a limited number of vials in the affected lots.

The first vaccine retracted from the market was for Vecuronium, a muscle relaxant that is generally used during surgery in conjunction with general anesthesia, to facilitate intubation and mechanical ventilation. The other recalled injection was Polymyxin B, an antibiotic used primarily to treat infections by causing cells to become more permeable, at which point the increase in water-uptake leads to the cell’s death. Polymyxin B, in its natural form, is also commonly used in the topical first-aid preparation ointment Neosporin.

Nevertheless, despite the enormous benefits these medications may have, the glass particles make them potentially deadly. According to the U.S. Food and Drug Administration, particulate matter in injections – such as the glass in this particular case – can be harmful when introduced into the bloodstream. Potential adverse effects may include such things as vein irritation and inflammation, tissue death, obstruction of capillaries and arteries, and in more serious cases, anaphylactic shock, and death.

Although to date there have been no injuries reported from the affected lots, the potential for hazard is enormous.

Illinois product liability law is an area of personal injury law that focuses on dangerous and defective products; it is the area of law in which manufacturers, distributors, retailers, and others who manufacture and disseminate goods to the public are held responsible for the injuries caused by those products. "Products" in this instance covers a wide range of categories, including medical devices and pharmaceuticals.

In cases in which Illinois product liability lawsuits arise, the claims most commonly asserted are negligence, strict liability, breach of warranty, and various other consumer protection claims. This particular situation involves strict liability. Under strict liability, the manufacturer of the product is liable for injuries caused if the product harms consumers, even if the manufacturer was not directly negligent in making that product defective.

Our Chicago personal injury lawyers represent victims across Illinois in matters against companies that have sold or manufactured unsafe products to consumers. In fact, our attorneys brought a case against Orion Research Inc. and Baxter Health Care Corporation for a flawed test for the genetic disease cystic fibrosis. The failures of the test led a set of parents to have a second cystic child. While recovering a substantial settlement for the family, the firm and the family were more concerned with the discontinuation of the test. As a result of our efforts, the test was eliminated.

If you've had an incident with a product that caused an injury, or are the survivor of someone who may have died from the use or exposure to a dangerous or defective product, contact an attorney to better understand your rights under the law. You may be entitled to compensation for your suffering.

Given what’s on it, you probably wouldn’t want to rub it on your face.

That’s what federal regulators are saying about tissues that have been contained in metal tissue holders distributed by Bed Bath & Beyond stores. According to the Chicago Sun Times, the tissue-box holders were contaminated with low levels of radioactive material.

Bed Bath & Beyond, a multinational domestic merchandise conglomerate, allegedly sold the products in more than twenty states, including Illinois; in a recent public statement, Bed Bath & Beyond, Inc. said that its Dual Ridge Metal boutique tissue holder has been carried in about 200 of its stores since July.

Bed Bath & Beyond, Inc. operates a chain of almost 1000 stores that pander mid-ranged home furnishings that are primarily intended – as the name suggest – for the bathroom and the bedroom. The corporation is counted among the Fortune 500, and the Forbes 2000 list of successful businesses.

According to the Chicago Sun Times, a spokesperson for the Nuclear Regulatory Commission stated that the domestic goods company has recalled the tissue holder from stores, but that there is no serious threat to human health. Nevertheless, Bed Bath & Beyond has retracted the product after state health officials pulled 12 contaminated boxes from the shelves of one of the retail stores, claiming that it’s better to avoid unnecessary exposure to radiation.

Moreover, the Illinois Emergency Management Agency says there is “no immediate threat” posed by decorative tissue box holders, and that it is coordinating with federal officials and Bed, Bath & Beyond, Inc. to identify and secure the contaminated products.

Authorities say the tissue holders contain manmade cobalt-60 radioactive material. Cobalt-60 is a synthetic radioactive isotope of cobalt, a silver-grey naturally occurring metal that is often used to create blue pigments. According to the Environmental Protection Agency, cobalt-60, the radioactive version of the metal, is used to detect structural flaws in metal parts, as well as in product sterilization.

When a person or animal is exposed to cobalt-60, though most of the radioactive material is excreted in feces, a small portion is absorbed by the kidney, liver, and bones; prolonged exposure may lead to radiation poisoning and cancer.

The symptoms of radiation poisoning depends largely on the dose of radiation exposure. Relatively small doses – as may be the case with the decorative tissue boxes – may present in gastrointestinal symptoms, such as nausea and vomiting.

When a corporation manufactures and distributes products to the public, that company is responsible for any injuries caused by dangerous or defective products. Businesses are expected to test their products prior to putting them on the market to ensure public safety. When defects affect consumers, those companies can be liable for damages resulting from the injuries their merchandise causes. This is how Chicago personal injury lawsuits arise.

When companies are held responsible in Illinois product liability lawsuits they may be made to pay compensatory damages, which attempt to put an injured person back in the position he or she was in before being injured, such as compensation for medical and hospital expenses, and the loss of a normal life following the injury. Additionally, in some cases, punitive damages may also be awarded; punitive damages are intended to punish wrongdoers and send a message to the responsible corporation and other companies to be more careful in the future.

Bed Bath & Beyond is recalling all of the “brushed metal” tissue boxes, and is asking any customers who bought them to return them for a full refund.

Nevertheless, if you or a loved one have been harmed as a result of this – or any other – defective product, contact an attorney to better understand your rights under the law.

Injuries that arise from foodborne illnesses can have devastating effects. Resultantly, when people suffer serious personal injury, hospitalization, or even death due to food poisoning, an Illinois personal injury lawsuit may arise. The restaurant or retail store responsible for distributing the contaminated food may be made to pay compensation to victims.

That might just be the next step here.

According to the Chicago Daily Herald, the Cook County Department of Public Health has determined that norovirus, a highly contagious form of food poisoning, is the culprit behind gastrointestinal illnesses of 146 people who were sickened after eating at Bob Chinn’s Crab House in Wheeling, Illinois.

Norovirus is an RNA virus that has been cited as the cause of almost 90% of epidemic non-bacterial outbreaks of gastroenteritis around the world, and the Centers for Disease Control and Prevention speculate that it may be responsible for nearly half of all foodborne pandemics of gastroenteritis in the United States. The virus may be transmitted by food or water that has been infected by human fecal matter, by person-to-person contact, contact with contaminated surfaces, or by aerosolization of the virus, such as when a toilet is flushed. A spokeswoman for the Cook County Department of Public Health, Amy Poore, stated that the conclusion was based on stool samples taken from victims who had eaten at the Bob Chinn’s restaurant.

Because the virus is highly contagious, it’s spreading quickly. “There’s norovirus circulating everywhere in suburban Cook County,” said Poore. Cases of norovirus – likely traceable back to the Bob Chinn’s outbreak – have been reported in a number of Chicago suburbs.

According to the Chicago Daily Herald, Chinn’s voluntarily complied with the Cook County Health Department’s requirements before reopening after having been closed for a full day. Said Poore on behalf of the Health Department, “whenever you have this kind of an outbreak, anything that had been prepared is discarded...Everything is thoroughly sanitized and then it’s basically like starting fresh.”

Symptoms of illness caused by norovirus often resemble the common stomach flu, and may include nausea and vomiting, diarrhea, and stomach cramps. Other symptoms may include a low-grade fever, headache, muscle aches, fatigue, and chills. Although the majority of these symptoms aren’t life-threatening, diarrhea and vomiting can potentially expose a person to dehydration and malnutrition, which could require hospitalization, especially for young children and the elderly. The Centers for Disease Control and Prevention recommend carefully washing hands as a way to avoid spread of norovirus, especially after using the bathroom and before preparing food.

Restaurants owe a duty of care to their patrons; when a customer is sickened because of a contaminated food product, the company responsible for causing that illness may be made to pay to compensate the consumer. Damages in an Illinois personal injury lawsuit, such as one that may arise in this case, might include such things as hospital and medical bills, as well as money lost from an inability to work.

If you or a loved one have recently eaten at this restaurant and are experiencing symptoms of norovirus, seek medical attention immediately. A doctor will be able to diagnose if you have been infected by the disease. Additionally, contact an attorney to be advised of your rights under the law. You may be entitled to compensation for your injuries.

Illinois product liability law is an area of Illinois personal injury law that is triggered when a consumer is harmed by a dangerous or defective product.

This past Wednesday, the Ford Motor Company released a statement saying that it is recalling nearly 500,000 minivans and SUVs due to mechanical issues in the automobiles.

The Ford Motor Company is a multinational automobile-manufacturing corporation that produces the Ford and Lincoln brands, as well as owns stakes in Mazda, Aston Martin, Jaguar, Land Rover, and Volvo; production of the Mercury brand was discontinued after the 2011 model year. The company is the fifth-largest automaker in the world, and reported global revenues of $118.3 billion in 2009.

According to a report published by MSNBC, the American automaker is recalling 205,896 Freestar and Mercury Monterey minivans made during the 2004 and 2005 model years because their torque converter output shaft may fail, causing the automobile to have a sudden loss of power, which could potentially cause the vehicle to crash.

Additionally, Ford is retracting 244,530 Escape SUVs made during the 2001 and 2002 model years because their brake master cylinder reservoir cap could leak brake fluid; when that happens, if brake fluid leaks, it could corrode electrical connectors in the vehicle’s braking system and possibly lead to a fire.

Corporations owe a duty of care to consumers. When they put products on the market that harm customers, those companies may be held legally responsible for damages from those injuries. If any of the individuals who own these models of vehicles are injured because Ford’s products are defective, Ford could potentially be on the line for a lot of money.

Ford has stated that with both sets of recalls, they plan to inform owners, and have dealers replace the defective parts for free, but, because of a parts delay Ford may not be able to fix some of the dangerous Escape models immediately.

Our Illinois personal injury attorneys want people to be especially cautious. If you have one of these types of vehicles, it is best not to drive it until it has been inspected or repaired by a licensed Ford dealer.

We are particularly proud of the changes that our Chicago personal injury attorneys’ efforts have brought in the area of product liability. In many instances, they have not only recovered substantial verdicts and settlements for our clients, but also helped to ensure that the defective product was removed from the market and prevented from causing any further pain, suffering, and damage.

If you have had an incident with a product that caused an injury, or are the survivor of someone who may have died from the use or exposure to a dangerous or defective product, it's important that you know your rights under the law.

The United States Food and Drug Administration has not recalled orange juice from the market despite the fact that testing for low levels of fungicide demonstrated that the juice was contaminated. Nevertheless, our Illinois personal injury attorneys are urging consumers to be cautious.

According to reports by the Associated Press, the Coca-Cola Company, a large-scale bottled-juice and soda conglomerate, was the corporation that alerted federal regulators about the low levels of fungicide in its own orange juice and in competitors' juices, prompting juice prices to rise and increasing government testing for the residue.

Coca-Cola, an American-based company, makes the Minute Maid brand and Simply Orange brand of orange juice; this past Thursday, Coca-Cola notified the FDA of elements of the fungicide carbendazim in both the company's orange juice and in competitors' juices.

Carbendazim is a chemical intended to control plant diseases in human foodstuffs, such as cereals and fruits. Recent studies have shown that high doses of carbendazim have caused infertility and destroyed the genitals of laboratory animals. According to the Associated Press, the FDA said Coca-Cola found levels up to 35 parts per billion of the fungicide, which is far below the European Union's maximum residue level of 200 parts per billion. Despite Europe’s set parameters, the American government has not yet established a maximum residue level for carbendazim in orange juice, though the Environmental Protection Agency has suggested that a concentration of less than 80 parts per billion raises no concern. Carbendazim is not currently approved for use on citrus in the United States, but it is used to combat mold on orange trees in Brazil, which exports orange juice to the United States.

The Food and Drug Administration and the Environmental Protection Agency have said that, after testing, orange juice is safe to drink and the levels found are below levels of concern. The FDA is not releasing the names of the brands of juices that tested positive for carbendazim.

At this point, the FDA has declared that it does not plan to remove any juice products that are currently on store shelves. Still, because carbendazim is not approved for use in the United States, any food that contains even trace amounts is considered illegal. As it currently stands, the FDA is now testing shipments of orange juice at the border and will detain any that contain more than 10 parts per billion of the chemical; said the Associated Press, any amount below 10 parts per billion isn't measurable. Additionally, FDA official Nega Beru asked the industry to ensure that suppliers in Brazil, the world's largest orange producer, and other countries stop using the fungicide.

Our Chicago food poisoning attorneys know that, according to 2010 estimates by the Centers for Disease Control and Prevention(CDC), each year roughly 48 million people are sickened by a foodborne illness. Even worse, over 125,000 people require hospitalization and 3,000 die after consuming contaminated foods in their homes or in restaurants.

When a food manufacturer or distributer disseminates an infected or poisonous food product to the public and a consumer is sickened or injured as a result, that company may be held legally responsible and may be made to pay for damages that result from the injury.

People who suffer serious personal injury, hospitalization, or even death due to food poisoning may be able to seek compensation for economic and non-economic damages. Our Illinois food poisoning lawyers have experience representing clients in similar cases, including having won a $4 million settlement for three convention attendees who contracted salmonella poisoning that caused them to suffer crippling arthritic injuries.