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July 31, 2007

Petition for certiorari filed in cruise line medical malpractice case

A petition for certiorari has been filed with the Supreme Court of the United States, asking the Court to reconsider whether a cruise line may be held liable for the medical malpractice of the physicians it hires. Earlier this year, the Florida Supreme Court held that the cruise line would not be held liable because the cruise line disclaimed liability for the doctor in the fine print on its cruise tickets and because of the Fifth Circuit case of Barbetta v. S.S. Bermuda Star. In the petition, lawyers for the girl injured by the doctor’s medical malpractice argue that Barbetta should be overruled because it is based on the assumption that a sick passenger at sea somehow has a meaningful choice of physicians to choose from.

Continue reading "Petition for certiorari filed in cruise line medical malpractice case" »

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Posted In: Injuries to Minors and Children , Jones Act and Maritime law , Medical Malpractice

July 31, 2007

Support the Arbitration Fairness Act of 2007!

Buried in the fine print of many consumer contracts for credit cards, new homes and cars are clauses that stack the deck against American consumers, forcing you to give up your rights to seek justice through the courts. These contracts force you to surrender your rights before a dispute even occurs. Binding mandatory arbitration forces victims into arbitration, instead of letting the courts and juries decide the outcome of the dispute. Many lives are ruined each year due to this injustice. However, you can make a difference and make your voice be heard!

Please Click here to email your congressman in support of the Arbitration Fairness Act of 2007.

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Posted In: Tort Reform

July 30, 2007

Expert recommends Avandia be pulled from the market due to heart attack risk

Diabetes drug Avandia should not be kept on the market because of heart risks associated with taking the drug and the drug’s lack of any unique short-term benefits in keeping blood-sugar levels under control for diabetics, announced a federal scientist today.

Glaxo Smith Kline, maker of the Avandia drug disputes these recommendations.

Currently, the FDA is meeting to decide whether Avandia should be completely pulled from the market or restricted. The FDA was alerted to the risks of Avandia by a New England Journal of Medicine study that revealed a 43% higher risk of heart attack of those taking Avandia compared with people taking alternative or no diabetes medication.

Patients who have suffered from heart attacks or heart problems and who have taken Avandia may be able to file a lawsuit for these injuries.

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Posted In: Medical Malpractice , Products liability , pharmaceuticals

July 28, 2007

American Airlines fined over $200,000 for safety violations

American Airlines in Chicago, Illinois has been fined over $200,000 for safety violations at O’Hare Airport. The violations run from concerns over machine guards, electrical safety, trip and fall hazards, blocked exits, and improper storage of oxygen and acetylene cylinders. The hazards all pose serious risks of personal injury and workplace injury to employees of American Airlines, as well as other employees and patrons of the airport.

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Posted In: Electrical Safety , Fire Safety

July 25, 2007

Pedestrian settles car accident personal injury suit for $1,175,000

The pedestrian who was hit by the car of a New Jersey politician has settled her personal injury case for $1,175,000. The woman was crossing the street in a crosswalk when she was struck by state senator Robert W. Singer’s suv. As a result of the car accident, the woman suffered a fractured arm, a fractured leg, fractured ankles, and a concussion. This is not the first automobile accident that the New Jersey state senator has been involved in. In 2001, a man died when the senator was unable to avoid another motorist who suddenly pulled out in front of him. Nor is this the first time the senator has hit a pedestrian. In 1997, the senator struck two pedestrians who stepped out between two parked cars and into the street. The two pedestrians admitted that they had been drinking heavily that evening.

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Posted In: Pedestrian

July 25, 2007

Recall alert: Botulism in canned hot dog chili sauce

Certain cans of hot dog chili sauce have been linked to four cases of botulism. The last cases of botulism in the U.S. date back to the 1970s. Botulism is caused by a toxin made by a bacterium and is a muscle-paralyzing disease. The paralysis can lead to the inability to breathe unless supported by a ventilator or eventually death. Symptoms of botulism include double or blurred vision, drooping eyelids, slurred speech, difficulty swallowing, dry mouth and muscle weakness that moves down the body. It is important to discard all of the recalled cans and not open them. Even if the toxin just contacts your skin, you could become ill.

Click here for a full list of recalled products and more information

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Posted In: Food Poisoning , Toxic Torts

July 24, 2007

Midwest woman unable to work after pit bull dog bite

While she was walking her own dog down the street, a Midwest woman suffered personal injuries from a pit bull dog bite on the hand. The pit bull was found by two teenage boys who had the pit bull on a leash while trying to find its owner. The pit bull saw the woman and her dog from across the street, managed to break free from the boys’ control, and began attacking the woman’s dog. When the woman tried to pry the dogs apart, the pit bull bit the woman’s hand, causing injuries that have since prevented the woman from working at her factory job. The injuries to the woman’s dog were also severe, including deep fang groove marks and bites to her hind leg, tail, and between her shoulders.

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Posted In: Animal and Dog Bites

July 20, 2007

Pharmaceutical alert: Anesthetic Propofol could be harmful

The Centers of Disease Control and Prevention and The Federal Drug Administration have issued an alert regarding an anesthetic called Propofol and marketed as Diprivan. After receiving the drug, a number of patients have complained of chills, fever and body aches. If you or someone you know has been given Propofol general anesthesia or sedation and experienced fever, chills, and body aches or other symptoms afterward, please report the incident to the MedWatch program. Anyone exhibiting those symptoms after use of the drug should be tested for bacterial sepsis. No product liability lawsuits have been filed as of yet.

Click here to view the FDA alert

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Posted In: Current Issues , Products liability , Toxic Torts , pharmaceuticals

July 18, 2007

Lawsuit filed over amusement park ride

Parents of the girl whose feet were severed while on an amusement park ride have filed a personal injury lawsuit against the amusement park for failing to maintain the ride and for failure to ensure riders' safety. Doctors have been able to treat the child's injuries by reattaching the girl's right foot. However, they were unable to save the girl's left foot. Lawyers for the girl are requesting a judge to order the amusement park not to destroy the steel cables that snapped and severed the girl's feet.

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Click here for a previous post on the accident

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Posted In: Amusement Park Accidents , Land Owner liability

July 18, 2007

Union blames doors not crew in fatal train accident

Earlier this month, a wrongful death lawsuit was filed when a New Jersey man was killed by a New Jersey transit train. As he departed the train, the doors closed on the man. Then, as the train began to pull away from the station, the man shouted and ran along with the train, trying to get the attention of the train's crew. His efforts were unsuccessful and the man was ultimately run over by the train. Subsequently, the crew members of the train were terminated.

At a New Jersey Transit board meeting, the union that represents those crew members said that the agency should not have fired the crew members so summarily. The union argues that an important safety feature of the doors was not working properly. A safety advisory issued by the Federal Railroad Administration warned against possible product defects with the switches that are supposed to prevent trains from moving when doors are open.

Click here for the full article
Click here for a previous post on the accident

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Posted In: Products liability , Train Accidents

July 18, 2007

Family of drowned Chicago woman sues Park District

A wrongful death lawsuit has been filed against a Chicago area Park District for failing to warn of a hazard that the Park District knew about. While on a fishing trip last summer the woman's 4 year old son fell into the Kankakee River. The woman jumped into the water after her son. The boy's uncle and another nearby former Marine sergeant also went after the boy. All three of them died. They were in an area by the South Island Dam, which is one of several low-head dams in Illinois. Once the woman, uncle, and former Marine were trapped in the roiling waters by the dam, they were unable to escape.

Prior to these three drownings last year, the Park District knew of 15 other drowning deaths in the past 25 years. The wrongful death lawsuit alleges that the Park District was willful and wanton in its disregard for people's safety by not posting signs about the hazards of the water and by not ensuring that people did not get drawn in to the dangerous currents.

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Posted In: Accidental Drownings

July 17, 2007

Lawsuit filed for Taste of Chicago salmonella food poisoning

Two people who came down with salmonella food poisoning after eating hummus from Pars Cove restaurant at the Taste of Chicago have recently filed a personal injury lawsuit. The lawsuit alleges that the Lakeview restaurant failed to properly inspect, store, package, or otherwise prepare the food in a manner that caused them to get sick. One of the two named plaintiffs claims that she became sick the day after she went to the Taste. She began to believe that her symptoms were not merely flu related when vomiting, diarrhea, and fever grew worse over the course of another three days. When her family doctor sent her to the hospital, her illness was confirmed as salmonella food poisoning. The woman is currently taking antibiotics to fight the salmonella, but she has not yet been able to work over the last two weeks.

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Posted In: Food Poisoning

July 17, 2007

Gerber announces recall of cereal due to choking hazard

Gerber Products recently announced a product recall on its organic oatmeals and organic cereals. The products, sold in 8-ounce boxes, have caused instances of choking because some of the products contain lumps that would not dissolve in milk or water. Thus far, no injuries to children have been reported due to the products. Customers are instructed to call Gerber's parent resource center to return the product for a refund.

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Posted In: Injuries to Minors and Children , Products liability

July 16, 2007

Chicago family first to file suit in Cook County against Con-Agra Foods

A Chicago family recently became the first to file suit in Cook County Circuit Court against Con-Agra Foods for product liability over salmonella contracted from tainted peanut butter. All four members of the family became ill after eating peanut butter sandwiches. The mother and her children ages 9, 10, and 13 all began to show symptoms of salmonella poisoning, vomiting and severe cramps, after eating the sandwiches. The mother later noticed that the jar of peanut butter in her house was one of the recalled jars of Con-Agra peanut butter: Peter Pan and Great Value-brand peanut butter bearing the code 2111 on the lid. The mother required rehydration at an area hospital, and her children missed over a week of school; all family members suffer residual effects.

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Posted In: Current Issues , Injuries to Minors and Children , Products liability

July 16, 2007

Taste of Chicago food poisoning cases rising

Reports of food poisoning resulting from food eaten at a booth during the Taste of Chicago continue. The source of the food poisoning and salmonellosis has been tracked down to the hummus served by Pars Cove restaurant in Chicago, Illinois. City officials have disclosed that 32 cases of salmonella poisoning have been confirmed while there have been reports of almost four hundred people who have complained of salmonella-like symptoms. Symptoms of salmonella include nausea, abdominal cramping, and diarrhea within 6 to 72 hours of exposure. The Lakeview area restaurant has been ordered to stop serving its hummus in its restaurant until a full investigation is completed.

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Posted In: Food Poisoning

July 12, 2007

There is no lawsuit crisis in America: the facts

1. The number of tort cases in U.S. district courts decreased by79% between 1985 and 2003.
2. The number of civil trials in state courts fell 47% between 1992 and 2001
3. The number of tort cases in state courts dropped 32% between 1992 and 2001
4. The median inflation-adjusted award in all tort cases dropped 56.3% between 1992 and 2001

Proponents of "tort reform" have pointed to the notorious frivolous lawsuits in the news. They have cited a study by a insurance consulting firm claiming that consumers bay a $200+ billion cost for the legal system. The Congressional Budget Office, Business Week and the Economic Policy Institute have all produced data disproving the insurance company promoted study. The studies reveal that the numbers put forth are not supported, the cost estimates include the millions of dollars in insurance industry profits and over exaggerate the impact of the tort system while ignoring its benefits and promoting the limitation of Americans' legal and Constitutional rights.

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Posted In: Current Issues , Tort Reform

July 12, 2007

Manager at popcorn plant settles popcorn lung lawsuit

Just one week before trial was set to begin, an Iowa man settled his lawsuit that had alleged personal injuries due to exposure to the chemical, diacetyl. The man was a manager at the Snappy Popcorn Co. in Breda, Iowa, and sued the company that made the butter flavoring to which he had been exposed. From this exposure, the man contracted symptoms of a disease known as bronchiolitis obliterans, a condition that has been linked to exposure to the butter flavoring chemical. Symptoms of brochiolitis obliterans, or popcorn lung, include a dry cough and shortness of breath, especially on exertion, that occurs two weeks after exposure to the chemical. The Iowa man stated that his breathing capacity had been cut in half due to his exposure. The terms of the lawsuit have not been disclosed.

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Posted In: Popcorn Lung

July 10, 2007

$4,000,000 settlement in wedding reception brawl

The family of a Chicago area man who died during a brawl at a Chicago area hotel has settled its various wrongful death lawsuits for a total of over four million dollars. The brawl started when guests from two different wedding receptions at the same hotel started fighting. One reception was for a sheriff's deputy and the other was for the Cook County state's attorney's Bridgeview office. During the course of the brawl, the decedent was put into a fatal chokehold. The family filed personal injury lawsuits and successfully settled several lawsuits. The family settled for $1,500,000 with the hotel that had served its guests too much alcohol; $1,200,000 with the Countryside police department for failing to take control of the scene because they deferred to the sheriff's deputy and his guests; $500,000 with the security service for failing to prevent the brawl; and other sums from individuals for their participation in the assault.

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Posted In: Hotel Security

July 7, 2007

Jury awards $942,000 for slip and fall outside motel

A Nebraska jury recently awarded nearly one million dollars in a personal injury suit to a train conductor who slipped and fell on ice outside an Iowa motel. Witnesses state that a light was burnt out, so the conductor could not see when he fell on the ice that should have been cleared by the motel. The 56 year old conductor, who earned approximately $90,000 per year, suffered knee injuries that could effectively end his career.

Notably, the personal injury verdict is against the train company that employed the conductor. The conductor was staying at the motel on an overnight layover before a return westbound trip scheduled for the next day. Because he was at the motel for work, the conductor filed suit under the Federal Employers Liability Act, which covers railroad employees and requires that train companies provide safe conditions for employees to stay.

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Posted In: Slip and Fall

July 6, 2007

Train accident victim's family files lawsuit

The family of a New Jersey man who was run over by a train has recently filed a wrongful death lawsuit against the train company for negligence. The man was caught in the doors of a train as he was exiting. According to witnesses, the 40 year old man then tried to run with the train, yelling for the conductors' attention along the way. Eventually, the man lost his footing and was dragged by the train until he was killed when he was run over by the moving rail cars. The three employee who were operating the train have since been terminated.

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Posted In: Public Transit , Train Accidents

July 5, 2007

Water Reclamation District sued for death by suffocation

The Metropolitan Water Reclamation District of Greater Chicago is the subject of a wrongful death lawsuit filed by the families of two Chicago area men who died while working in a water district vault. Recent tests have shown that the vault where the men suffocated contained 6-8% oxygen. Normally, air contains approximately 21% oxygen, but at the levels in the water district facility, it would have been difficult to survive for more than a few minutes. The Illinois families of the victims are suing to recover for personal injuries, wrongful death, and that the water district adhere to safety regulations that will prevent this type of accident from happening again in the future.

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Posted In: Current Issues , Illinois statutes and Chicago Municipal Codes

July 2, 2007

Missouri food poisoning victims must sue in the county where the restaurant is located

When two Missouri children became sick after eating negligently prepared hamburgers from McDonald's restaurants, their families wanted to file their personal injury suit McDonald's in the county where the children were hospitalized. However, a recent Missouri Supreme Court decision stated that the families must file their food poisoning lawsuit in the counties in which the specific restaurants were located.

Continue reading "Missouri food poisoning victims must sue in the county where the restaurant is located" »

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Posted In: Food Poisoning , Injuries to Minors and Children

July 2, 2007

Medical negligence, elder abuse and neglect and personal injury litigation laws may be affected by new international consensus

A growing international consensus may affect laws related to the litigation of medical negligence, elder abuse and neglect, and personal injury cases. These international groups are working toward the goal of recognizing appropriate treatment for pain as a fundamental human right. Highlighted in a recent article in Anesthesia & Analgesia, it illustrates the ways failure to adequately treat pain is unethical, neglectful medical practice and ignores the right to sufficient pain control. This has been proven to cause serious physical and psychological consequences in patients, which may become a factor in medical malpractice, nursing home abuse and neglect, and other personal injury lawsuits recognizing this neglectful practice. Standards for pain management may also evolve as professional organizations begin to reorganize this right and doctors overcome fear and ignorance of strong pain medications. Because this issue effects the medical community, the World Health Organization will play an important role in any solution. As one doctor described the issue, "the human suffering due to lack of pain relief is an affront to human dignity."

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Posted In: Current Issues , Medical Malpractice , Nursing Home Abuse

July 2, 2007

Two Illinois measures to ensure fair compensation for personal injury plaintiffs

The Illinois Supreme Court and legislature has recently been debating two issues that would allow plaintiffs to be rewarded more damages in personal injury and wrongful death lawsuits. A new law signed last month allows families of wrongful death victims to collect damages for grief, sorrow, and mental suffering - a notable consequence for the loved ones who lost a family member due to medical malpractice or other personal injury such as nursing home abuse and neglect. Previous Illinois restrictions were unfair; families could only seek economic damages, while pet owners could be awarded compensation for emotional distress in lawsuits. This law helps alleviate some of the injustices incurred by the 2005 law that capped non-economic damages and hurt the victims who most deserved fair compensation.

Now some legislators are pushing for a law to address the methods for dividing fault and responsibility among defendants in civil negligence cases. This law is important because it could ensure the prevention of the unjust "empty chair" strategy. This strategy allows defendants to lay fault on parties that settled out of court, lessening their responsibility and preventing the defendants who settled from making their case in court. Hopefully, an Illinois Supreme Court decision in the next few months may help clarify this murky issue.

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Posted In: Current Issues , Medical Malpractice , Nursing Home Abuse

« June 2007 | | August 2007 »

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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