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September 27, 2007

House passes legislation to regulate butter-flavoring chemical

In a 260-154 vote, the House has recently passed legislation that would force OSHA to limit workplace exposure to diacetyl, the butter-flavoring compound that has been linked to the development of bronchiolitis obliterans, or Popcorn Lung. Senator Edward Kennedy supports the House effort and hopes that the Senate will pass the bill as soon as possible. Predictably, the White House has opposed this legislation that would impose regulations on large manufacturers, with President Bush threatening to veto.

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Posted In: Popcorn Lung

September 26, 2007

Jury awards $19 million to injured Chicago boy

A Chicago jury has recently awarded $19,000,000 for personal injuries to a minor child caused by a falling TV. The TV was on top of a stand, and the boy was trying to help move the stand so that the class could watch a video. The 27-inch TV fell on top of the boy, causing permanent physical and mental damage. The boy was in the 4th grade at the time of the accident. Now he walks with a limp and has problems using his left arm and hand. Although he is in the 8th grade, he is enrolled in special education classes and performs at a 3rd grade level. The jury awarded $7.1 million for future expenses, $5 million for loss of normal life, $2.4 million for lost earnings, $2 million for disfigurement, $2 million for pain and suffering, and $518,000 for medical expenses.

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Posted In: Injuries to Minors and Children

September 22, 2007

Consumer Product Safety Commission recalls 1,000,000 cribs

The CPSC has announced the recall of 1,000,000 of the nation’s best selling cribs sold under the Simplicity and Graco brands. The recall was issued after several infants had died after the cribs’ drop rails would detach and leave a dangerous gap. This product defect could lead to serious injuries to infants and has already resulted in several infant deaths. A spokesperson from the CPSC said, “We do not want your child in that crib tonight.”

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Click here for information on the recall.

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Posted In: Injuries to Minors and Children , Products liability

September 20, 2007

Lawsuit likely over playground mulch filled with nails

After it was discovered that the recycled mulch used for the new playground at the Woodstock Early Learning Center contained 3,000 nails, the playground was shut down and the mulch was removed. Fortunately, there were no personal injuries to any of the 140 children who could have been hurt. The spokeswoman for the Center said that they specifically requested a mulch without nails and that they were never told that what they were getting could contain any nails. The owner of the company supplying the nail-filled mulch disputes this, but she also admits that she knew that the mulch could contain nails, that she knew that the mulch would be used for kids, and that she sold the mulch to the Center anyway. The Center is trying to get their money back for the mulch, and they would also like to be compensated for the money they spent on removal. However, the owner of the company that supplied the mulch is refusing to pay for a refund and the removal of 120 yards of mulch that contained the 3,000 nails.

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Posted In: Injuries to Minors and Children

September 18, 2007

Officers, inmates exposed to asbestos

A crew of six New York prison inmates and two corrections officers were exposed to asbestos, a carcinogen, during a construction job requiring them to tear up floor tiles. After the crew and officers had been exposed to the asbestos for over a year, the construction site's environmental engineer warned of the danger. The tiles were tested and found to contain four times the amount of allowable asbestos at a construction site without requiring special removal teams. The officers are taking the city to court and the inmates are also considering suing for damages. Mesothelioma, a rare form of cancer, is almost always tied to asbestos exposure and occurs in the membrane lining of the lungs or abdomen. The symptoms of Mesothelioma do not typically appear until decades after the initial exposure.

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Posted In: Asbestos and Mesothelioma , Current Issues , Land Owner liability , Toxic Torts

September 17, 2007

Avandia nearly leads to 73 year-old woman’s death

A 73 year-old woman recently recalled her close call with Avandia, an experimental blood sugar regulating drug. Her daughter believes that the drug led to the 73 year-old woman’s heart attack. She began taking Avandia in 2004 and suffered a heart attack in October of 2005. The woman was finally taken off of the drug after a diligent nursing home doctor received notice that Avandia was causing health problems. She is doing well today – better than she was two years ago.

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Posted In: Products liability , pharmaceuticals

September 16, 2007

Parents sue day-care for using thumbtacks on children

The parents of a three-year-old boy have filed a personal injury lawsuit on behalf of their son against Children's World Learning Center in Dallas, Texas. The lawsuit alleges that, in addition to spankings in concealed areas such as closets, the teachers at the day care center would discipline the children with a punishment called “stick-stick.” The way that the teachers at the facility would use stick-stick is to punish children for misbehavior by sticking a thumbtack into their backs. Additionally, the teachers tried to control the children’s behavior by threatening to push the thumbtacks into their backs. A Department of Family Services investigation confirmed this practice, which lead to one teacher being fired. But the practice did not end with that teacher. The boy’s parents noticed that he was coming home with scratches and pin-sized marks on his shoulders and back. When the parents went to the day care facility, they asked their son to identify the person who stick-sticks, the boy pointed to his teacher. When the parents then took their son to the bulletin board, he pointed at a thumbtack and said, stick-stick.

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Posted In: Injuries to Minors and Children

September 13, 2007

$1 million settlement for shower burn victim

A $960,000 personal injury settlement was made on the behalf of an 88-year-old man who was severely burned in his shower. The man was showering when the water became extremely hot - 180 degrees - causing him to fall in the tub. The man was bed-ridden for months to treat burns on his arms, legs, abdomen and groin. The owners of the building, the plumbers who installed the thermostat and the agency that supplied the nurse who was supposed to be helping the man bathe were all payees on the settlement.

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Posted In: Building safety , Burn Injury , Land Owner liability

September 12, 2007

Midwest man sues Wal-Mart and makers of Brut deodorant and lotion

A Midwest man has filed a personal injury lawsuit against the makers of Brut and the Wal-Mart from which he bought the Brut deodorant and lotion after he was burned on thirty percent of his body. The 81 year old man was camping with his family. After washing and shaving in a bathhouse in the morning, the man put on Brut lotion on his face, neck, and hands. He also sprayed on Brut deodorant. The man then went to start cooking breakfast in a campground fire pit. It was at that time, while attempting to start the campfire, that the man’s face, neck, and chest burst into flames. The lawsuit claims that the products were defective because they were unreasonably dangerous. "Our view is there is no warning that after you apply it, you remain flammable for some period of time," said the man’s attorney. "You aren't thinking, 'I'm still flammable."'

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Posted In: Burn Injury , Products liability

September 11, 2007

Construction worker sues city and general contractor for worksite injury

An Indiana man working on the City Center project in Carmel, Indiana has recently filed a personal injury lawsuit against the city and the general contractor for the project. The personal injury lawsuit alleges negligence which lead to the construction accident. While working on an underground portion of the project, the construction worker nearly lost his arm when a crane above him dropped a load of rebar. The man states that it looked like the rigging securing the rebar was worn out and defective. The rigging on that crane was changed the subsequent day.

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Posted In: Construction Injury , Land Owner liability , Products liability

September 7, 2007

Recall: Pyxis anesthesia system 3500

A machine used in 15 hospitals across the country that holds medications used in the operating room has been recalled due to a life threatening defect. The Pyxis anesthesia system 3500 has been found to lock up while rebooting, preventing doctors from accessing critical medications. No product liability lawsuits have been filed.

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Posted In: Machinery , Products liability , pharmaceuticals

September 1, 2007

$25.8 million verdict for filling prescription incorrectly

In a recent wrongful death lawsuit, a $25.8 million verdict was awarded to the family of a woman who died as a result of receiving an incorrect prescription. The lawsuit alleged that the Walgreen's pharmacy's mistake led the then 46-year-old woman to overdose on her blood thinning medication and caused physical injury, stroke, pain and ultimately death.

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Posted In: Wrongful Death , pharmaceuticals

September 1, 2007

Avandia: black box warning

The U.S. Food and Drug Administration recently announced that Avandia, a diabetes drug that recent studies have shown to increase risk of heart failure, will now carry a black box warning. Personal injury and wrongful death lawsuits have already been filed against the company that makes Avandia, GlaxoSmithKline, in the United States and Canada. The suits claim that complications were avoidable and caused by the use of Avandia.

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Posted In: Products liability , Wrongful Death , pharmaceuticals

« August 2007 | | October 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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