Illinois Injury Lawyer Blog

A woman who unknowingly contracted herpes from her lover recovered a $7 million verdict from a jury this month in a personal injury lawsuit. The personal injury attorney argued to the jury that the defendant knew he had a sexually transmitted disease and failed to disclose it to his lover before sexual contact. The personal injury damages were especially high because once the woman contracted herpes, she was denied health insurance.

To read more about the personal injury verdict.

Lacey v. The Village of Palatine, No. 106353 (2-20-09) found that the appellate court erred when it reversed the dismissal of plaintiff's wrongful death complaint against police departments for willful and wanton failure to protect plaintiff's decedent from being murdered by her former boyfriend after his chiropractor informed his police department that the ex boyfriend was threatening to have victim killed and asking him to use his father's credit card to set up pattern of appointments as an alibi. Because police were not engaged in an act of enforcement of the law when the victim was murdered, the limitation to total bar of Tort Immunity Act contained in Section 305 of Domestic Violence Act does not apply. This Illinois case will greatly effect wrongful death cases.

Golden Years Homestaed, Inc. v. Buckland, No. 07-1100 (2-19-09) found that the district court did not err in granting defendants-inspectors' motion for summary judgment as to plaintiff-nursing home's state court action alleging malicious prosecution arising out of defendants' issuance of several citations alleging Medicaid-participation violations that were ultimately dismissed after administrative and judicial review. While plaintiff argued that evidence of disagreement between plaintiff's Director of Nursing and one defendant during inspection of nursing home constituted sufficient evidence of "malice" for purposes of supporting malicious prosecution claim, record failed to establish requisite personal animosity on part o f defendants to support plaintiff's claim. Ct. similarly found that evidence of defendants' "raised voices", "door slamming" and/or inadequate investigation as to two alleged violations did not establish personal animosity on part of defendants. This seventh circuit case will greatly affect Illinois cases.

McDonald’s has denied workers compensation benefits to a minimum wage employee who was shot when he ejected a customer who had been beating a woman inside the restaurant. A representative for McDonald’s has explained that they denied this claim because they did not believe that the injuries arose out of or within the course and scope of his employment.

The employee has since undergone three abdominal surgeries and has incurred over $300,000 in medical bills. The case is still pending before the Workers Compensation Commission.

To read more about the workers compensation dispute.

A recent Wall Street Journal article highlighted that a law protecting product liability claims against vaccine-makers has an effect of making those pharmaceutical companies less accountable. They are subject to a special “vaccine court,” which has the effect of buffering makers of vaccines from much of the product liability lawsuit risk that faces traditional drug manufacturers. The law guarding vaccine makers was created in the framework that vaccines are different from any other products.

To read more about the vaccine courts.

A state court has issued a splintered decision in a constitutional challenge to the state’s reform of workers’ compensation. The law limited the type of injuries that could recover under the workers’ compensation system. The Missouri state court stated that only one of the points raised by the plaintiffs could be decided at this time.

To read more about the state workers’ comp decision.

CNN released today that the FDA has said that an India pharmaceutical plant falsified generic drug data. It has stopped reviewing drug applications from the plant because some of the falsified data has already resulted in approvals from the FDA.

To read more about the falsified drug data.

A class action personal injury lawsuit has been filed on behalf of homeowners experiencing problems with drywall manufactured in China. The Consumer Product Safety Commission has been ramping up an investigation into the same problems. The drywall may be emitting sulfuric odors, potentially exposing homeowners to personal injuries such as respiratory problems.

To read more about the product liability lawsuit.

A teacher hurt while accompanying students to a conference is entitled to workers' compensation benefits. A court determined that her personal injury received was work-related. The workers' compensation plaintiff broke her shoulder in four places after slipping and falling on the bleachers at the conference.

To read more about the workers' compensation ruling.

A personal injury lawsuit was filed against the Tennessee Valley Authority for the December coal ash spill. The lawsuit was filed on behalf of 109 personal injury plaintiffs, claiming that the company should be responsible for toxic materials contained in the coal sludge. The toxic materials are hazardous to human health.

To read more about the personal injury lawsuit.

A Chicago mattress fire in the Bridgeport neighborhood caused minor injuries Sunday morning. The resident of the unit were not home at the time of the fire and all occupants on the fifth floor were moved to a different floor as a precaution. The cause of the fire is under investigation.

To read more about the Chicago mattress fire.

A personal injury plaintiff who tripped on the door saddle of his apartment building recently received a $24 million personal injury verdict. He received serious personal injuries when he lost his balance while inebriated and fell nine feet over a two foot wall. He suffered cervical fractures that left him a paraplegic with double incontinence.

To read more about the $24 million personal injury verdict.

MSNBC recently discussed an interesting workers’ compensation case. Last year, a McDonald’s employee was shot after he intervened in a domestic fight. While he survived, his employers’ insurer now says that they are not responsible for reimbursement of his nearly $300,000 of medical bills. There has not been a final determination made by the state workers’ compensation system.

To read more about the workers’ comp case.

A personal injury lawsuit against an East County Indian tribe recently reached a settlement for $500,000. The personal injury lawsuit stems from an incident seven years ago where a woman slipped, fell, and injured her back on a newly mopped floor in a casino.

To read more about the personal injury settlement.

According to the Associated Press, a jury recently decided that cigarette-maker Philip Morris must pay a smoker’s widow $8 million in damages. The husband died in 1997 at age 55 after decades as a chain smoker. Experts have said that this product liability award is significant because tobacco companies still rarely lose in courts.

To read more about the cigarette-maker product liability verdict.

A Chicago man struck by a vehicle on the near south side died from his personal injuries. At about 6:30 am on Friday, a woman was driving north when a man ran in front of her, causing her to strike him with her vehicle.

To read more about the Chicago car accident.

Schmude v. Tricam Industries, Inc., No. 08-2370 (2/17/09) is Seventh Circuit Case which affirmed that in an action seeking recovery for injuries sustained from fall from alleged defective ladder, Dist. Ct. did not err in admitting evidence that plaintiff was convicted in 1995 of unlawful sale of firearm without permitting defendant ability to ask plaintiff whether he had been felon at time of 1995 offense. While plaintiff had been felon at time of 1995 offense, Dist. Ct. did not err in withholding said fact from jury since: (1) felony used to support 1995 offense was more that 10 years old; and (2) prejudicial effect of earlier conviction would have outweighed any prejudicial value in jury's knowledge about said conviction. This Seventh Circuit decision will greatly affect slip and fall cases.

House Bill 1345 defines as a public record with access by the public under this Act that portion of settlement agreements by or for a public body that shows the amount of money expended for the settlement or judgment and prosecution or defense of litigation. The bill is now referred to House Rules Committee. This bill will impact personal injury cases.

The peanut butter salmonella outbreak has already had wide-ranging consequences. Experts believe that it is only a matter of time before a class-action personal injury lawsuit is filed against the Peanut Corporation of America. However, a recent Consumer Affairs article highlighted that this type of product liability litigation faces some significant hurdles.

To read more about the product liability lawsuits facing the Peanut Corporation.

The biggest U.S. cigarette maker, Altria, must pay $8 million to the family of a smoker who died of lung cancer. A jury recently that Altria is liable for $3 million in compensatory damages and $5 million in punitive damages over a smoker’s wrongful death in a cigarette product liability lawsuit. This is the first verdict in thousands of product liability lawsuits filed after a court refused to reinstate a punitive-damages verdict awarded to a statewide class of smokers in 2006.

To read more about the cigarette-maker product liability lawsuit.

A jury awarded $2.33 million to a personal injury victim who lost his leg after walking onto the path of an oncoming subway train in a train accident. CNN.com reported that the personal injury victim was drunk at the time. The plaintiff’s lawyer argued that the subway driver had time to stop, but did not.

To read more about the train accident verdict.

A judge in a personal injury lawsuit has ruled that a videotaped deposition of actor Gary Coleman will not be released until the personal injury lawsuit against him is settled. The judge was worried about whether there would be a fair trial if people in the potential jury pool had seen the video.

To read more about the personal injury deposition.

Personal injury victims from the train disaster have until March 12, 2009 to file a claim in regards to the train accident. An attorney for the personal injury victims stated that at last count, he was aware of at least 45 personal injury claims and 24 wrongful death claims against the train company.

To read more about the train crash victims’ lawsuit.

Over an estimated fifty product liability lawsuits have been filed already against the birth control device named Nuvaring. The popular birth control device has been approved in over 32 countries and so far it has been estimated that over 1.5 million women worldwide are using Nuvaring. However, recently side effects have been experienced by users, including irritation, sinusitis, nausea, and upper tract infection. Generally, most birth control devices have a certain amount of risk of blood clots, but in the case of Nuvaring, it has been noted that the chances of risk is doubled.

To read more about the potential product liability.

The attorneys and staff at Levin & Perconti do our best to inform you through our personal injury blog of product recalls as we become aware of them. With the recent extreme salmonella outbreak that may have contributed to 8 deaths, Levin & Perconti wish to highlight the recall page of the U.S. Consumer Product Safety Commission, which allows for you to search recent product recalls and product safety news.

To access the CPSC recall page.

The insurance company for the peanut butter company at the heart of the salmonella outbreak has filed a lawsuit to limit its liability for the harmful effects of the products. The insurance company that was in place for companies in the peanut butter distribution chain was unclear. The salmonella outbreak has sickened more than 575 people and may have contributed to 8 deaths and has resulted in the recall of more that 1500 products since last month.

To read more about the insurance company’s lawsuit.

Piagentini v. Ford Motor Company, No. 1-04-3800, (1-15-09) found that the plaintiff who filed complaint alleging negligent design and strict product liability against vehicle manufacturer, who took voluntary dismissal of her complaint after trial court granted partial summary judgment striking allegations of each count alleging vehicle was subject to rollover; but preserving defective seatbelt allegations of each count, dismissed complaint and allowed plaintiff to file new count with only seatbelt allegations, could voluntary dismiss amended complaint and re-file within a year thereof without committing claim splitting. Because there was no final dismissal of either negligence or strict liability claims; but only certain allegations within those claims, res judicata does not apply to bar re-filing. Further, by failing to move to dismiss on grounds of res judicata when plaintiff filed new complaint and participating in litigation for three years before raising it defendant committed acquiescence; an exception to defense of claim splitting. This decision will impact Illinois lawyers trying strict product liability.

Baca v. Trejo, No. 2-08-0113, (2-4-09) ruled that after the plaintiff obtained default judgment against defendant, trial court correctly ruled that 2-1301 motion to vacate judgment consigned to UPS on 30th day after entry of judgment was not timely filed. Mailbox rule presumption of service applies only to documents consigned to USPS. Further, since motion to vacate was not timely, notice of appeal filed thereafter must also be dismissed. This case will impact Illinois lawyers.

Hill Sportswear, Inc. has agreed to a voluntary product recall of 300,000 hooded sweat shirts after a 3 year-old boy was strangled by a drawstring. To protect against future product liability, the company is also recalling its kid pullover hood sweatshirt and kid zipper sweatshirt with hood.

To read more about the product recall.

A woman has sued Walt Disney World alleging that a disabling heart attack and stroke that she suffered were caused by riding on Disney’s Tower of Terror. The product liability lawsuit alleges that Disney was negligent in the ride’s design and operation and failed to adequately warn of risks or provide adequate safety restraints.

To read more about the product liability lawsuit.

It could cost as much as $825 million to clean up a river and rural neighborhood after a massive spill of coal ash sludge from a power plant. This estimate does not include potential costs from several class-action product liability lawsuits or possible environmental fines.

To read more about the cost of the ash spill cleanup.

The Wall Street Journal recently reported that a judge who threw out massive product liability litigation against Medtronic Inc. failed to disclose that his son’s law firm has long had the medical-devicemaker as a client. Now, a number of plaintiffs' lawyers have told the judge that they plan to seek his disqualification from the product liability litigation.

To read more about the potential product liability lawsuit conflict.

According to the FDA, the government may single out peanut butter for special attention following the deadly salmonella outbreak. Currently, inspectors collect samples of peanut butter only if they suspect a problem. If peanut butter is classified as a “high risk” food, the producers would be required to follow written food safety plans to prevent contamination and product liability.

To read more about the FDA plans for peanut butter.

The U.S. Court of Federal Claims ruled this week that routine childhood immunizations are not linked to autism. In deciding this, the court denied product liability damages to three families who alleged that the vaccinations led to their children’s diseases. Product liability attorneys for the parents are now contemplating appeals and filing product liability lawsuits against the pharmaceutical companies directly.

To read more about the product liability ruling.

Altria, the largest cigarette maker in the U.S., lost the opening phase of a trial in a sick smoker product liability lawsuit. A jury ruled that the personal injury victim’s nicotine addiction was the cause of his death from lung cancer in 1997.

To read more about the cigarette product liability lawsuit.

The Disney Store USA has voluntarily issued a product recall for about 20,000 Playhouse Disney Handy Manny tool toy sets after reports that the eyes can detach and cause a choking hazard. The company received three reports about the defect, including two where children started to choke on the detached pieces.

To read more about the product recall.

An advisory board to the FDA has urged that the FDA withdraw the prescription pain medication Darvin from the market after 50 years. Darvon is better known as Darvocet. The FDA panel found that the drug’s high overdose potential and relatively low level of pain relief make it too dangerous for public consumption.

To read more about the potential product recall.

A man was charged with a felony of leaving the scene of an accident with personal injury and a misdemeanor charge of driving under the influence. The driver in the auto accident left the scene on foot.

To read more about the auto accident.

An attorney for a lead-paint poisoning victim told a state court that the statutory cap on non-economic damages does not apply to products liability lawsuits brought under the Consumer Protection Act. The attorney is seeking reinstatement of a $2.3 million jury award that was slashed to $515,000 after the caps were applied to the products liability award.

In 2007, an Illinois state court judge ruled caps on damages from personal injury lawsuits unconstitutional.

To read more about the damages cap litigation.

One of the first food poisoning personal injury lawsuits has been amended to add Kellogg Co. as a defendant, alleging that they manufactured the peanut butter crackers that caused the plaintiff’s injuries. The lawsuit originally filed in January was filed against Peanut Corporation of America, which is the company that sold thousands of pounds of salmonella contaminated peanut products.

To read more about the salmonella lawsuit.

A Law Tribune article recently disclosed that an attorney is claiming that a large American pharmaceutical company Pfizer exploited a third world country in conducting medical experiments on children. This pharmaceutical lawsuit has recently been in the news again because the 2nd Circuit Federal Court overturned a federal district court case that dismissed the attorney’s claim. The pharmaceutical company is asking for an en banc rehearing.

To read more about the pharmaceutical lawsuit.

A case of surgical error in a botched late-term abortion is gaining national attention. The patient waited hours for a doctor to arrive and ended up delivering a baby girl. An attorney is representing the patient and has filed a personal injury lawsuit also claiming wrongful death and medical negligence.

To read more about the lawsuit filed.

A young quadriplegic has received a $760K settlement in a personal injury lawsuit. The personal injury plaintiff received his injuries in a 2006 car crash, which snapped his neck and left him requiring 24-hour lifelong care.

To read more about the personal injury lawsuit settlement.

Some law enforcement agencies are reevaluating the use of Tasers. Last week, a U.S. District Judge ordered Taser International to pay $1.4 million in attorney fees following a product liability lawsuit to the family of a man who died after being shocked several times. The wrongful death victim died in June 2005 after being jolted repeatedly by police during an arrest.

To read more about the product liability lawsuit.

Today, a bucket lift fell over, crashing into a building and injuring two construction workers in a construction accident. One of the construction workers died and the other is in serious condition.

To read more about the construction accident.

Local Chicago-area retailers have joined the product recall following the salmonella contamination of goods made with peanut products. Illinois retailers Kmart and Fannie May issued recalls with Fannie May recalling 8 and 16 ounce bags of Bridge Mix and No Sugar Added Milk Chocolate Covered Peanuts. Kmart announced the product recall of certain cakes and doughnuts.

To read more about the peanut butter product recall.

High school cheerleading was deemed a contact sport by a court. The court ruled in a case closely watched in the cheerleading world. The ruling has an effect on Midwest personal injury attorneys because participants of contact sports cannot be sued for accidentally causing personal injuries.

To read more about the personal injury court ruling.

A 27 year-old personal injury victim received a $3.25 million settlement arising from a 2003 auto accident. The victim suffered severe injuries when her car collided with another car. She underwent surgery and tried to return to work and school, but could not. Her personal injury attorneys revealed that her settlement was reached after jury selection.

To read more about the personal injury settlement.

Baltzell v. R & R Trucking Co., Nos. 06-1652 (2/4/09) ruled that in strict liability action by plaintiff seeking recovery for injuries received while working for third-party defendant, Dist. Ct. erred in denying third-party defendant's motion to dismiss defendants-third-party plaintiffs' contribution claims in exchange for waiver of workers' compensation lien that third-party defendant held on plaintiffs' recovery from defendants. Under LaFever, 706 NE2d 441, employer can escape contribution liability altogether by waiving its lien on employee's recovery from third-parties regardless of when employer makes decision to waive lien. Ct. rejected defendants' argument that LaFever should not apply since third-party defendant had not yet paid out all of workers' compensation benefits that it owed to plaintiff at time it had filed motion to dismiss contribution claims. This case will have an effect on workers’ compensation cases.

Illinois Senate Bill 84 amends the Metropolitan Transit Authority Act for civil actions against Metra. It keeps the statue of limitations at one year but deletes the six-months' notice requirement. It has currently been assigned to Senate Judiciary Committee. This bill is very important after the great number of Metra train derailments.

R&B singer Brandy has responded to a second car accident lawsuit filed against her in relation to her 2006 car crash. Brandy denies all of the allegations and urges her personal injury attorneys to take the case to trial.

To read more about the car accident.

A recent CNN.com commentary highlighted that nearly 5,000 pedestrians were killed and 70,000 injured non-fatally in pedestrian accidents in 2007. Children are especially at risk of personal injuries and wrongful death because of size, immature judgment, and lack of experience. Some suggestions from the CNN commentator included drivers slowing down in pedestrian areas and walkers walking without talking on their cell phones.

To read more of the commentary on pedestrian accidents.

US District Judge Dale Kimball refused to follow a Utah State Court’s dismissal of a case stemming from a bear attack which resulted in the wrongful death of an 11 year old boy. This Federal Tort Claims Act suit resulted when the bear sighting was reported to park officials the day prior to the attack. It is alleged the authorities failed to post signs and warn those camping in the area. The Federal Tort Claims Act removes the wide immunity usually granted the federal government in negligence actions. To read more about this bear attack case, please click here.

Eli Lilly & Co., after agreeing to spend more than $2.6 billion to settle government and individual product liability claims over its antipsychotic drug Zyprexa, still faces product liability lawsuits over the drugs. These product liability lawsuits could cost the company another $2 billion.

To read more of the product liability article.

An 84 year-old woman who was hit by a car two years ago has settled her personal injury lawsuit for $600,000. After the car accident, the woman was knocked to the ground and suffered fractures to her left knee, left wrist, and right shoulder. She underwent surgery and later spent months in rehabilitation.

To read more about the personal injury settlement.

A former Illinois hospital employee claims that he was terminated after claiming Illinois workers’ compensation. The Illinois man is seeking a judgment in excess of $50,000.

To read more about the Illinois man who filed workers’ compensation.

A woman who claims that she received personal injuries after a pack of wild dogs that chased her through a local BP facility has filed a personal injury lawsuit against the refinery and its manager. The lawsuit states that she sustained multiple injuries because of the animal attack.

To read more about the animal attack.

The FDA has begun a criminal investigation into the Peanut Corporation of America following the salmonella outbreak. The director of the FDA’s Center for Food Safety and Applied Nutrition states that the federal agency will work with the Department of Justice to investigate and file a criminal case against the peanut processing company.

To read more of this salmonella outbreak article.

More items were recalled earlier this week in the nationwide peanut butter salmonella outbreak. Items from honey roasted peanuts to cranberry mix have been pulled from the shelves for fear of personal injuries from the product liability. These latest recalls come as President Obama promises a review of the Food and Drug Administration.

To read more of this product liability article.

Wal-Mart has settled a wrongful death lawsuit filed by a man’s family for an undisclosed amount. Similar to many large settlements in Chicago and Cook County, the judge in this federal lawsuit has sealed the settlement agreement. According to the other court documents, a 66 year-old man was given the wrong prescriptions by the Wal-Mart pharmacy staff. After taking the wrong medications that he believed were his, the personal injury victim became seriously ill.

To read more of this personal injury article.

In the latest development in the peanut product liability issue, the Food and Drug Administration recently reported that the Georgia plant where the salmonella infection’s beginning was identified knew that they had a contamination problem. There were twelve instances on record where the plant was aware through testing of the existence of the contaminations.

For the full article.

Illinois House Bill 283 amended the Mental Health and Developmental Disabilities Confidentiality Act to allow records and communications to be disclosed if a therapist determines that certain disclosures are necessary to initiate or continue involuntary treatment proceedings. Current law already allows this for civil commitment proceedings. This new legislation will have an effect on Illinois lawyers seeking information.

Illinois House Bill 47 amends the Freedom of Information Act to create another exemption from the Act. It prohibits inspecting or copying files or databases maintained by law enforcement regarding the physical or mental status of one or more individual subjects. Physical or mental status means any disability, defect, or malady that would or could present a danger to a responding law enforcement officer or the general public. This will have an effect on Illinois lawyers looking for discovery.

A personal injury plaintiff is accusing police of negligence and personal injury, saying he actions of police officers who arrested him as extreme and outrageous. The personal injury lawsuit alleges that the officers who arrested him used a Taser on him several times after he was pulled off a man with whom he was struggling. The injury lawsuit seeks more than $100K in damages.

For the full article.

The first wrongful death lawsuit has been filed following the salmonella outbreak, but other lawsuits are expected. One personal injury lawsuit has been filed by a couple whose child received personal injuries.

For the full article.

Starbucks has announced that it has pulled all products containing peanut butter from its stores. The action was taken as a precautionary measure following the salmonella outbreaks.

For the full article.

The inspections of the peanut plant found areas of rust, gaps in warehouse doors, unmarked spray bottles and containers, and numerous violations of other practices designed to prevent food contamination. The plant has been shut down, following many reports of personal injuries sustained from salmonella.

For the full article.