November 30, 2008

Toddler Killed in South Side Fire

A 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. Firefighters found the toddler in a front bedroom and rushed him out of the burning home. The 2-year-old boy was taken to the hospital with personal injuries. He was pronounced dead by the Cook County Medical Examiner’s Officer. The still-and-box alarm fire was extinguished and there were no other reports of personal injuries. The fire department remained on the scene Saturday night investigating the cause and origin of the blaze. At this time, no wrongful death lawsuits have been filed. To read the full story, click here.

November 30, 2008

Flood victims file personal injury lawsuit in federal court

More 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.

For the full article.

November 30, 2008

FDA sets high standard for melamine in baby formula

Two 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.S. products. A scientist for a national consumer group said it was irresponsible of the FDA to assure that the infant formula is safe and not a product liability based on tests of only 74 samples.

For the full article.

November 29, 2008

Wal-Mart death was avoidable, according to Union

The 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. This wrongful death was a direct result of irresponsibility by Wal-Mart, the union rep said. A wrongful death lawsuit or a premises liability lawsuit may result.

For the full article.

November 29, 2008

Fires burn 3 homes in Chicago suburb

Early 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. The cause of the fires were not explained. With holiday lights and holiday candles, people must practice fire safety to avoid personal injury.

For the full article.

November 28, 2008

Travis Barker gives thanks for life on Thanksgiving

On 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.

For the full article.

November 28, 2008

Naperville Girl Dies after Falling into Pond

A 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. The two inched about 10 feet out before the inch-thick ice cracked. Emergency divers broke through the ice to reach her and transported her to the hospital. The young girl was pronounced dead at the hospital. The quick response of neighbors helped allow emergency responders save the life of the girl’s cousin. He was taken to the hospital for observation of his personal injuries. To read the full story, click here.

November 27, 2008

Consumers Warned of Toxic Toys and Toy Dangers

The 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. Congress has passed legislation this year, to take effect on February 1, 2009, that bans 6 types of phthalates.

The group also warned of toys that pose choking hazards and those that contain lead and magnets. The Illinois Attorney General warns that if more than one magnet is swallowed, they can attract to each other, causing severe personal injuries such as intestinal perforations or blockages which can result in permanent intestinal damage and can be fatal if not treated immediately.

To check the safety of your children’s toys, check the Illinois Attorney General’s 2008 Children’s Product Recall Guide, by clicking here. View the IPIRG report, by clicking here. To read the full story, click here.

November 27, 2008

Are Toys Safer this Christmas?

Increased 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. Effects include reduced IQ, shorter attention span and learning disabilities. In response to last year’s toy tragedy federal rules mandate that surface lead, must drop below 90 parts per million by August 2009. It should be noted that this standard takes effect after this year’s holiday season. Since major toy companies and stores are not waiting for the deadline, the Consumer Product Safety Commission urges particular caution for toys bought secondhand or from independent online sellers. Buyers should ensure that they are not buying recalled products or toys that do not meet current or pending standards. Some recalled toys this year include 57,000 Rage Wireless Guitars for Nintendo’s Wii game system and 330,000 Nerf Blasters. The guitars were recalled after leaky batteries caused chemical burns and the blasters after 46 reports of kids getting pinched in the face, neck or chest. To read the full story, click here.

November 26, 2008

Teen Personally Injured After Leaping from SUV

A 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. Charles, Illinois. The student was one of 70 to 80 teenagers to take part in the game where they jumped from automobiles. One way to earn points was to jump from a vehicle moving at 25 m.p.h. The driver and a friend planned to take a photo of the speedometer as the SUV traveled at 25 m.p.h. and then slow down before the jump. However, the boy jumped from the SUV without warning. The police officer found the boy on his back in the center of the roadway with blood around his head. As the police officer provided aid, the Durango’s driver and another student in left in their vehicle, but returned when prompted by the police. The school district has issued a statement that these “games” where in no way related to any school activity. To read the full story, click here.

November 26, 2008

Settlement reached in personal injury lawsuit against Six Flags for girl whose feet were severed on ride

A 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. Doctors reattached Kaitlyn’s right foot but they were unable to save her left foot. Instead, she was fitted with a prosthesis. She has since required four amputation surgeries and an additional surgery to repair a plate that connects her reattached foot to her leg and to insert genetically engineered bone. For six months she was unable to take any steps. She continues to suffer from pain and depression and the fate of her reattached foot remains uncertain.

The lawsuit alleged that Six Flags was negligent in inspecting, testing, maintaining and operating the ride. The amount of the settlement was not disclosed.
For the full story, click here.

November 25, 2008

Chicago jury awards $16.5 million in fentanyl death case

An 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. The patch is one hundred times stronger than morphine.

For the full article.

November 25, 2008

FDA alert: Chinese milk products high risk

The 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. Avoid consuming the following products because of possible contamination: Fresh and Crispy Jacobina Biscuits, YILI Brand Sour or Pure Milk Drink, Blue Cat Flavored Drinks, White Rabbit Candies, and Infant formula manufactured in China.

For the full article and full list.

November 24, 2008

Window Blind Recall after Death

The 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. The girl’s neck was deeply bruised, but she was saved her older brother. The product recall includes about 670,000 IRIS and ALVINE Roman blinds manufactured in India and distributed by IKEA Home Furnishes. The blinds were sold at IKEA stores nationwide between July 2005 and June 2008. The recalled blinds can be returned to any IKEA store for a full refund. Other recalled blinds include insulated blackout roller shades and insulated Roman shades by Green Mountain Vista Inc. These recalled blinds were sold at a variety of stores and were sold from June 2005 to September 2008. If someone owns Green Mountain Vista shades they should check to see if the tension device is attached and if not, contact the company for a free repair kit and installation instruction. To read the full story, click here.

November 24, 2008

Personal injury lawsuit filed against Martha Stewart for collapsing lounge chair

A 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. The personal injury lawsuit victim also was a hand model, so will suffer loss of work.

For the full article.

November 24, 2008

Victoria’s Secret facing personal injury lawsuits after consumer suffers skin injuries

A 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.

For the full article.

November 23, 2008

Travis Barker files personal injury lawsuit against airline and tire companies

Travis 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. The personal injury lawsuit also alleges that Barker’s injuries will result in permanent disability.

For the full article.

November 23, 2008

Court extends statute of limitations for personal injury lawsuits

A 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.

For the full article.

November 22, 2008

Companies’ Improper Labeling of Food Threatens Those with Allergies

Manufacturers 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. In disclosing ingredients, labels must clearly identify major allergens such as peanuts, milk, eggs and wheat which parents, teachers and baby-sitters scrutinize these labels to ensure that they are not giving children unsafe food. However, a study showed that an alarming number of products sold as allergen-free actually do contain harmful amounts of these allergens. Products such as Oreos, Pop-Tarts, Frosted Flakes, Jello-O and Campbell’s Spaghettios have been recalled for hidden allergens in recent years. One woman bought chicken bites with the label of “gluten free” for her son who has a severe wheat allergy. After the boy ate the nuggets, he started coughing, his eyes swelled and he had trouble breathing. His mom had to give him epinephrine and take him to the emergency room. Although she contacted both the U.S. Department of Agriculture and the food manufacturer, neither offered to test the chicken nuggets. Even when products are recalled they issue statements, yet fail to pull the items off the shelf. Parents are urged to carefully check all labels, due to the product liablity since “gluten free” labels can be misleading. To read the full story, click here.

November 22, 2008

Urgent Recall of Mylicon Baby’s Gas Relief Drops

Johnson & 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. Parents who have given the product to their babies are warned to contact their health care providers immediately.

The 2 lots currently being recalled are:
Product code: 71683791111-1; Lot # SMF007, EXP: 09/10
Product code: 71683791111-1; Lot # SMF008, EXP: 09/10

Click here to view the FDA press release.

November 22, 2008

Mother Sues For Wrongful Death after Son Drowns

The 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. The teens were attending Camp Algonquin, a YMCA campsite, for a leadership seminar geared towards upperclassmen. The teens had been at the campsite with other students for the past eight days. At least one of the teens took the paddleboat from the campsite and boarded it in the river, but since the paddleboat had been winterized, meaning the plug preventing water from entering the bottom was removed, the boat sank. Two of the teens died after the paddleboat capsized and the third went in the water from the shore trying to save them and also went under. The mother of one of the boys filed a lawsuit in Cook County Circuit court accusing the association which organized the leadership retreat, the YMCA of McHenry County and the North Lawndale College Prep of negligence. The suit alleges all parties involved of leaving her son unsupervised and keeping the paddleboats in insufficient condition. The wrongful death lawsuit seeks more than $800,000 in damages. To read the full story, click here.

November 21, 2008

Case Law Update: Statute of Limitations in Personal Injury Cases

Gianni 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. Further, third party plaintiff is not judicially estopped from asserting stay of Rule 306 by virtue of their appearance and filing of motions before trial court while the case was on appeal. This case will have an impact on statute of limitations in personal injury cases.

November 21, 2008

Chicago Jury Awards $16.56 Million In Wrongful Death Lawsuit against Duragesic Pain Patch Manufacturer

A 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. This marks the fourth such wrongful death verdict against these companies in regard to the Duragesic fentanyl patch. Just the day before this trial began, a Florida jury awarded $13.3 million in a similar lawsuit against the same defendants. There are 60 more Duragesic lawsuits pending in courts across the country.
For the full story, click here.

November 19, 2008

Lean Cuisines Recalled

Nestle Prepared Foods Co. is recalling 900,000 pounds of frozen chicken dinners from its popular Lean Cuisine brand. According to the U.S. Department of Agriculture's Food Safety and Inspection Service, some consumers have found small bits of blue plastic in the dinners. Although only one person has reported an injury so far, the USDA considers the blue plastic chunks a Class I health hazard, “where there is a reasonable probability that the use of the product will cause serious, adverse health consequences or death." To read the full story, click here.

November 18, 2008

Jury awards $2.5 Million to teen beat by the KKK

A jury awarded $2.5 million in personal injury damages to a teenager who was severely beaten by members of a Ku Klux Klan group. The jury found against the KKK in a personal injury lawsuit and awarded $1.5 million in compensatory damages and $1 million in punitive damages.

For the full article.

November 18, 2008

Agency Lists Top 5 Dangerous Toys to Keep in Mind this Holiday Season

The U.S. Consumer Products Safety Commission has issued a press release to warn holiday shoppers of dangerous toys and provide recommendations to prevent serious injuries to children. According to the agency, the top five toy hazards, and its recommendations for preventing potential toy-related injuries, are: (1) Scooters and other Riding Toys – Riding toys, skateboards and in-line skates go fast and falls could be deadly. Helmets and safety gear should be worn at all times and be sized to fit; (2) Small Balls and other Toys with Small Parts – For children younger than age three, avoid toys with small parts, which can cause choking; (3) Balloons - Children under eight yrs. can choke or suffocate on un-inflated or broken balloons. Keep un-inflated balloons from children. Discard broken balloons at once; (4) Magnets – For children under age six, avoid building or play sets with small magnets. If magnets or pieces with magnets are swallowed, serious injuries and/or death can occur; (5) Chargers and Adapters – Charging batteries should be supervised by adults. Chargers and adapters can pose thermal burn hazards to children.

According to the release, in 2007, the Commission reported 18 toy-related deaths and estimated that there were over 170,000 toy-related injuries to children under the age 15 that required emergency-room treatment.

To view the press release, click here.

November 17, 2008

Jury Awards $7 Million in Accutane Lawsuit

A jury recently awarded a 31 year old man $7 million in his products liability lawsuit against Swiss drug manufacturer Hoffman-La Roche. The lawsuit alleged that the drug-maker failed to warn consumers that using the acne drug Accutane could lead to serious gastrointestinal disease. After taking Accutane for nine years, the Plaintiff developed inflammatory bowel disease, which has prevented him from working full time for five years. The plaintiff, who had his diseased colon removed, also obtained settlements in medical malpractice suits against his doctor and medical center that prescribed the drug.

Accutane is a controversial acne drug that has been linked to depression, birth defects, suicidal tendencies, and psychological disorders. Currently, there are over 400 lawsuits pending against La Roche that blame Accutane for causing inflammatory bowel disease. Earlier this year, a jury awarded $2.62 million to a man who alleged the drug maker failed to warn Accutane may cause inflammatory bowel disease. To read the full story, click here.

November 16, 2008

Hidden Crib Dangers

The federal government recalled nearly 1.6 million cribs sold by Delta Enterprise less than a month ago, and the company vowed to fix the cribs hazardous drop rails. Unfortunately, government documents revealed at least 19 instances of an entirely different hazard on the Delta cribs, mattress platforms that drop and create a gap that can entrap and strangle babies. Although cribs are designed so that a family can leave a baby unattended for many hours at a time, they are the most deadly nursery product. One missing screw, one broken spindle or a loose mattress support can turn an otherwise safe crib into a death trap. This happens because babies’ small flexible bodies can slide through gaps, but their heads get trapped. Today’s cribs can sometimes be converted into toddler and adult beds, but the more moving parts a crib has, the more likely those parts can wear out or get lost when parents take them apart. Safety groups have urged manufactures to change the industry’s voluntary standard so that cribs can’t function if mattress supports and drop-side railings are installed upside down, or could function equally well in either position. To read the full story, click here.

November 15, 2008

Treadmills Recalled after Fall Hazards

Cybex International Inc., is recalling about 19,000 Cybex Treadmills because the product can speed up unexpectedly while in use, due to a malfunction with the lower control board. This defect poses a fall hazard to consumers. To date, the company has received 24 reports of incidents involving the treadmill unexpectedly increasing speed, including 6 consumer reports of falling. Three of those incidents resulted in minor personal injuries. The recall involves the Cybex 445T, 455T, 530T, 450T, 500T, 515TT, and 520T treadmill models. The treadmills are black and gray with rectangular uprights. The 530T style treadmill is 81 inches long by 32 inches wide while the 445T style treadmill is 72 inches long by 32 inches wide. The treadmills contain a display panel on a console as wide as the treadmill. The console contains the word “Cybex” and the model number. The treadmills were sold at Cybex International and Cybex dealers nationwide from January 2001 through September 2008. If you own a Cybex treadmill you should be advised that the recall is in process. To read the full story, click here.

November 15, 2008

Judge approves $11 million settlement in Chicago train accident

The commuter train agency will pay $11 million to settle two wrongful death lawsuits stemming from a 2005 train derailment. The settlement in the Illinois personal injury lawsuit was approved by a Cook County judge. Approximately 35 Chicago personal injury lawsuits related to the incident are still pending.

For the full article.

November 14, 2008

Safety concerns lead group to file Illinois lawsuit over prison closing

The union that represents the workers at an Illinois prison filed a lawsuit this week trying to stop the state from closing the facility until safety concerns are address. The lawsuit stems from concern over worker safety in moving the inmates.

For the full article.

November 13, 2008

Toy Recalls Drop 46 Percent

Toy recalls are down 46 percent from last year, when manufacturers and retailers were forced to clear shelves of toys containing lead paint and dangerous magnets. There was even a case were a chemical left children temporarily comatose. Federal safety regulators said that parents should still be on the lookout for toys with small parts that could pose a choking hazard for children such as uninflated or broken balloons. The advice parents to supervise children around scooters, ride-on toys, and battery chargers and adapters that come with electronic toys. The Consumer Product Safety Commission said the number of toy recalls had dropped from 138 in 2007 to 74 in 2008. The Chairwoman of the CPSC attributed the drop in recalls to increased surveillance by the agency, including stepped up inspections at nine ports, stronger voluntary safety standards and efforts by toy manufactures to keep dangerous toys from reaching the market. This is the first holiday shopping season before tough new safety standards for toys. The new requirements include mandatory testing and certification by independent labs. Because of the economy, consumers may turn to thrift stores, online auctions and certain websites. CPSC advisors state that one should check the web site to determine whether or not the product they bought has been recalled. To read the full story, click here.

November 12, 2008

$11 million settlement in Metra Train Derailment

A Chicago judge ordered the Metra transit system to pay $11 million to settle two wrongful death lawsuits arising from the 2005 Metra derailment in Chicago that killed two woman and personally injured 117 other passengers. On Sept. 17, 2005 a five-car Rock Island Metra train headed from Joliet to downtown Chicago with 185 passengers on board derailed at a South Side track crossover, where the maximum allowable speed was 10 m.p.h. The train twisted off the rails and skidded while traveling at 69 m.p.h., forcing the fourth and fifth cars to break away. Two passengers died while riding in the fourth car. The fourth car crashed into a steel bridge. The settlement was on behalf of a 22-year-old from Oak Forest and a 38-year old from New Lenox who died. To read the full story, click here.

November 11, 2008

FDA Investigates Possible Vytorin-Cancer Link

U.S. drug regulators are investigating whether the cholesterol-lowering drug Vytorin might be linked to cancer. The U.S. Food and Drug Administration informed health care professionals that the agency was investigating a report of a possible association between the use of Vytorin and an increased risk of a variety of cancers. The FDA said it expects to receive a final report from the group conducting the study later this month. In the meantime, the FDA advises health care professionals to monitor patients taking Vytorin for possible side effects.

Vytorin is made by the drug companies Merck and Schering-Plough Pharmaceuticals. To read the full story, click here.

November 11, 2008

Jury Finds Utility Company at Fault in Deadly Crash

A jury recently awarded the families of four marines more than $55 million in compensatory and punitive damages in their wrongful death lawsuit against a local gas and electric company. The jury found the utility company negligent in the deaths of four marines who were killed when their helicopter hit an unlit utility tower on Camp Pendleton in 2004.

Attorneys for the plaintiffs argued that the accident would not have happened if lights or other markers had been installed on the tower. The jury found the company was negligent for failing to light towers at the military base and two of the utility’s representatives acted maliciously by not ordering the installation of lights or markers on the tower, even though they knew unlit towers were a hazard. At the time of the accident, the marines, including one Chicago-area native, were practicing routine nighttime maneuvers. To read the full story, click here.

November 11, 2008

Woman files personal injury lawsuit against NFL running back

A Midwestern woman filed a personal injury lawsuit today against an NFL running back. Last month, the personal injury plaintiff said that the running back spit a drink in her face at a bar and threatened to kill her and her boyfriend. The personal injury lawsuit accuses the football player of negligence, assault and battery, intentional infliction of emotional distress, and negligent infliction of emotional distress.

For the full article.

November 10, 2008

Case Law Update: Wrongful Death not allowed for In Vitro Fertilization

Miller v. American Infertility Group of Illinois, S. C, No. 1-05-3202 (10/24/08) stated that Section 2.2 of Wrongful Death Act, does not allow recovery for wrongful death for the loss of a fertilized embryo, created through in vitro fertilization, that has not been implanted into the mother. This Illinois Appellate Case will have a great impact on wrongful death lawsuits when discussing in vitro fertilization.

November 10, 2008

Illinois judge considers transferring personal injury lawsuit

A motion to transfer a personal injury lawsuit to a neighboring county has been taken under advisement by an Illinois judge. The defendant filed a motion to transfer the personal injury lawsuit to a different Illinois county.

For the full article.

November 9, 2008

Chicago Home Explodes And Bursts Into Flames

A recently renovated and “beautiful” home on the South Side in Chicago partially exploded and officials say it may collapse at any time. A still and box alarm was called for a house and fire and explosion. Multiple explosions were heard inside the 2.5-story home, which seemed to be up for sale. Heavy fire filled the inside of the residence, and the back wall of the house was structurally compromised. Crews were fighting the blaze from the outside and could not immediately search the home due to the possibility of a full collapse. The blast may have been caused after the house filled with gas. This sometimes happens to new or rehabbed homes when people steal copper from the buildings. The home was recently renovated and had a large deck surrounding it. Multiple smaller blasts were heard while crews were on the scene and officials will determine whether it’s safe to search the building when the fire is out. There have been no reports of personal injuries but the home had not been search yet. To read the full story, click here.

November 8, 2008

7 People Including Four Children Personally Injured In Apartment Fire

Firefighters rescued a child hanging from his mother’s arms out of a third floor window after a “suspicious” fire started on the Chicago’s northwest side. The fire started in an apartment people and seven people, including four children and a police officer were hospitalized with a variety of personal injuries. The fire started on the top floor of a three-story apartment building and was elevated to a still-and-box alarm. The fire quickly spread throughout the floor, but firefighters had it extinguished in about 15 minutes and contained it to the top floor. The fire spread quickly and caused people to be overcome by smoke. Four children were hospitalized with smoke inhalation and some of children also had personal injuries of second-degree burns. Firefighters arrived just in time to rescue one child from a third-floor window. Police were in the area earlier in the day and witness reports indicate that there is a strong suspicion of arson, but no one is in custody. To read the full story, click here.

November 7, 2008

Court to decide whether smokers must find safer cigarette for damages

The burden of proof for products liability lawsuit plaintiffs may increase in Florida based upon a decision facing the Florida Supreme Court. Justices were asked whether plaintiffs who sue companies in personal injury lawsuits over design defects in inherently dangerous products such as cigarettes have a duty to find a safer design option to prove liability. This is a products liability lawsuit to watch because it could change the future of tobacco liability and other products liability lawsuits.

For the full article.

November 6, 2008

FDA Faulted for Stance on Chemical in Plastics

A U.S. Food and Drug Administration advisory panel agreed that the agency had erred when it said the chemical widely used in baby bottles and other plastic packaging for foods and beverages posed no health risks. A panel of toxicology expects said the FDA hadn’t properly assessed the potential health risks posed by the chemical bisphenol A (BPA), which some studies have linked to cancer, diabetes, heart disease and the development delays in children. The toxicologists said the FDA had relied too heavily on studies funded by the chemical industry to make its decision. The panel of toxicologists have been convened by the FDA after the agency ruled that BPA was safe at current exposure levels. An expert stated that “While the dangers of BPA exposure are far from definitely proven, the clear and mounting evidence that BPA is very likely to be harmful should not lead to a statement from the FDA that there is no concern.” He stated that the panel’s recommendation was misleading and gave people false reassurance. The expert is commending the FDA for the re-evaluation. To read the full story, click here.

November 5, 2008

What do you do if you suffer a serious burn injury?

A great article was recently published addressing how to respond to serious burn injuries. On an annual basis, there are about 3,700 deaths and 19,400 fire-related personal injuries annually. Many burn accidents are preventable. Often, fires are caused by human error or negligence, defectively designed or manufactured products, or improper installation/maintenance of electrical or mechanical devices. Always handle these items with extreme caution. If you are ever injured with a burn, immediately secure necessary medical care and treatment.

For the full article.

November 4, 2008

Case Law Update: Discovery Violations in Personal Injury Case

Negrete v. National Railroad Passenger Corp, No. 07-3287 (10/27/08) held that the District Court did not abuse discretion in dismissing under Rule 37(b)(2)(A)(v) plaintiff's personal injury lawsuit as sanction for various discovery violations. Record showed that plaintiff attempted to hide extent of his income and withheld unfavorable portions of his medical records. This personal injury decision will have a great impact on discovery violations.

November 3, 2008

Man in Gary Coleman personal injury lawsuit says he is not Coleman’s bodyguard

As a follow-up to the personal injury lawsuit filed against Gary Coleman’s alleged bodyguard, the person alleged to have hurt the plaintiff made a claim of a crucial distinction. The distinction, he claims, is that he was just a buddy and not a bodyguard of Gary Coleman. The full article.

November 2, 2008

Can brand name drug makers be liable for generics?

Maybe. A California appeals court ruling in products liability put brand name drug makers on notice that they can be held liable not only for injuries caused by their own brand name medications, but also personal injuries caused by generic drug makers. This is because the making of generic drugs is a foreseeable risk of the creation of brand name drugs.

For the full article.