During an MRI, patients may be injected with a gadolinium based-contrast agent. Some patients may experience bad side effects from the injection. One patient explained how he had an allergic reaction and was unaware about the risk factors and potential personal injuries he faced beforehand. Gadolinium exposure has been linked to nephrogenic systemic fibrosis.
To read more about the MRI injection complications.
A jury awarded the family of a 4 year-old drowning victim nearly $14 million in damages this week. The personal injury victim drowned on the first day of summer camp almost four years ago. Ten of the eleven defendants accused of negligence in the personal injury lawsuit admitted that they had been negligent.
To read more about the drowning lawsuit.
A man seeking more than $75,000 in damages has filed a personal injury lawsuit against a marine shipping company. The personal injury victim, a barge worker, was exposed to benzene and other hazardous and toxic chemicals and the exposure resulted in severe and disabling injuries.
To read more about the exposure injuries.
The American Association for Justice is hosting its annual convention this year in San Francisco, California. They are offering $100 discount if you book before May 1. This is an excellent opportunity for personal injury attorneys to network and learn skills to better represent their personal injury victim clients.
To register and learn more about the conference.
The CBS News Early Show spoke recently with a former FDA commissioner about the peanut butter salmonella outbreak. The commissioner spoke quite clearly about the dangers of food safety and whether the government is equipped to deal with more product liability issues. He spoke of the PCA salmonella outbreak as the poster child for the many safety flaws in our system.
To read more about the food safety flaws.
Recently, a new administrator was nominated to lead the Federal Railroad Administration (FRA). The American Association for Justice recently issued a release, calling on the FRA to review regulations issued under the Bush administration that weaken safety protections for consumers having received injuries in railroad accidents.
To read the AAJ release on railroad accident injuries.
A New York Times report recently stated that the FDA is holding an “all-hands meeting” to strategize safety issues in medical devices. Such a rare meeting seems to indicate that safety approval of medical devices have been compromised, putting patients’ health and safety at risk. AAJ has been working with patient safety groups to pass the Medical Device Safety Act, restoring rights of victims who have been injured by unsafe medical devices.
To read the AAJ release on medical device safety.
Recent conclusions on the cause of the death and severity of injuries sustained in the 2008 bus rollover that killed nine and injured 43 were issued by the National Transportation Safety Board (NTSB). The American Association for Justice is calling on transportation regulators to review the prior regulations and enact new safety measures for trucks and buses.
To read the full safety measure release.
A total of 42 people in 4 states have become ill due to spice linked to salmonella. The strain is of particular concern because it is considered both rare and dangerous. The salmonella spice recall was initiated towards the end of March when officials investigated a multi-state outbreak. The FDA carries a complete list of recalled products on its site. Sauce, oil, and oil blends have also been added to the recall.
To read more about the salmonella spice recall.
In a rare victory for personal injury trial attorneys in the South, a state Senate recently passed legislation making the recovery of damages easier after people are exposed to asbestos. The bill would apply strictly to mesothelioma lawsuits.
To read more about the asbestos bill.
A products liability lawyer who toured a plant of the Peanut Corp of America, the company at the center of the peanut salmonella outbreak controversy states that he found leak and places where animals could get in. The attorney has filed numerous personal injury lawsuits against the Peanut Corp of America.
To read more about the Peanut Corp of America plant.
The bill giving the FDA greater power to regulate tobacco may be subject to a filibuster in the Senate before the end of May. The bill is intended to give the FDA the authority to regulate the levels of nicotine and to eliminate harmful additives in the products. The products liability bill would also subject tobacco to tough new marketing and advertising restrictions.
To read more about the tobacco bill.
About 3 million fitness balls have been recalled because they could unexpectedly burst while being used, causing the user to fall to the floor and sustain a potentially serious injury. The fitness ball recall was issued by EB Brands and the U.S. Consumer Product Safety Commission for fitness balls of three different sizes. At least 47 incidents have come to light where the balls may burst unexpectedly.
To read more about the fitness ball recall.
The deadline for nominations for the public service award administered by the American Association for Justice is tomorrow. The award is for personal injury attorneys and clients whose injury lawsuits tell the story of American civil justice.
To read more about the award.
Another regulation on its way from the FDA concerns a tobacco-less product: the so-called electronic cigarettes. These are promoted as a safer alternative for people addicted to smoking. E-cigarettes have not officially been approved or banned by the FDA, but are commonly sold in the U.S. The FDA has hinted that it will soon make a decision on the products.
To read more about the e-cigarette decision.
Last week, the Illinois Supreme Court decided in favor of manufacturers of asbestos-containing products who had been sued for harming workers. The Illinois Court struck down Illinois legal precedent unique to Illinois that prohibits defendants from introducing evidence to a jury of another source of asbestos exposure.
To read more about the Illinois asbestos decision.
A jury last week awarded $27.5 million to a woman who lost her left leg after a bus ran her over. The personal injury plaintiff was run over while a bus was turning a corner two blocks from her apartment in 2005. The personal injury plaintiff had her leg amputated and has worn a prosthetic leg ever since.
To read more about the personal injury lawsuit verdict.
Levin & Perconti is happy that a Chicagoland newspaper has finally delved into the profits that health insurance companies enjoy while denying claim after claim. As the SouthtownStar article points out, health insurance companies make up their own rules and do not have to explain themselves to anyone. The newspaper looks into cases of individuals who were denied for coverage for unexplainable and bordering unethical reasons.
Various measures currently in the Illinois Congress look to reform the way that health insurance companies do business. One of the measures – H.B. 3923 – would mandate that 75% of all health insurance premiums actually be used for health care in Illinois. Outlandishly, right now, insurance companies can use 30-50% of your premiums to boost executive salaries or simply to inflate profit margins.
To read more about the Illinois health insurance article.
To read about the Illinois House Bill.
An Illinois man’s death from drowning was ruled an accident by the Illinois Medical Examiner last week. The 47 year-old drowning victim somehow fell into the Fox River near his home and drowned. His blood-alcohol content at the time of his death was .29 percent.
To read more about the Illinois man’s death from drowning.
The plaintiff that filed the product liability lawsuit relating from an arrest has voluntarily dismissed TASER International. A dismissal with prejudice prevents TASER from being sued again in this product liability litigation.
To read more about the product liability lawsuit.
A former inmate has filed a personal injury lawsuit against the county jail for a neck injury he suffered while riding in a patrol car. The personal injury lawsuit is asking for more than $250,000 and claims that the victim will never regain full use of his neck.
To read more about the personal injury lawsuit.
A recent food poisoning lawsuit resulted in a jury award of $50,000. The product liability lawsuit revolved around salad served at a rehearsal dinner before the couple’s wedding. Some guests, including the groom and the father of the bride, went to the emergency room for their injuries.
To read more about the food poisoning jury award.
Nolan v. Weil-McLain, No. 103137 (4-16-09), is an Illinois decision that held that in wrongful death litigation by widow of deceased boilermaker, for mesothelioma resulting from exposure to asbestos containing material, trial and appellate court improperly prevented defendant from pursuing its sole proximate cause defense by excluding evidence of decedent's exposure to other asbestos containing products during his 38 year career. This case will greatly affect wrongful death cases in Illinois.
Last fiscal year, when Americans were hurting in this recession, drugmakers spent more than $2.9 million on doctors, hospitals, and universities in Vermont alone to market their products. The total is slightly down from the prior year.
To read more about the drugmaker’s marketing spending spree.
Bayer, a pharmaceutical company, has started settling product liability lawsuits over its contrast agent used in diagnostic imaging tests. The company began negotiations for settlements in about forty product liability lawsuits linking the product to a disease that hardens organs.
To read more about the Bayer settlements.
A couple weeks ago, the FDA issued a voluntary recall of pistachios. The FDA has advised companies to stop mixing the use of equipment for processing and the products. The company affected by the pistachio recall has said that they hold product liability insurance.
To read more about the pistachio recall.
A state court has decided that workers’ compensation injury awards do not have to cover all medical bills for residents who develop work-related illnesses. The court states that injuries that are only partially related to a person’s work do not require workers’ compensation to cover entire medical bills.
To read more about the workers’ compensation ruling.
The government’s toxic tort lawsuit against W.R. Grace & Company is continuing. The government’s lawsuit claims that the company conspired to violate the Clean Air act and obstruct justice. The government attorneys are arguing that the company’s violations have led to more than 200 asbestos-related deaths and thousands of asbestos-related illnesses.
To read more about the asbestos lawsuit.
A personal injury lawsuit has recently been filed against a driver stemming from a March 2008 car accident. The lawsuit alleges that the car accident caused permanent injury to her children when the defendant driver lost control of her vehicle.
To read more about the car accident lawsuit.
Tomorrow is the ACS members only event featuring remarks by the Honorable Abner Mikva, Professor Geoffrey Stone, and ACS Acting Executive Director David Lyle. The event will also feature the Chicago Chapter Board of Advisors. Steven M. Levin, of Levin & Perconti, was recently honored by being named to the ACS Chicago Chapter Board of Advisors.
To RSVP for the ACS Members Only Event.
An attorney has filed a personal injury lawsuit on behalf of 143 plaintiffs against BP seeking damages. The personal injury lawsuit stems from the alleged releases of chemicals used in the oil refinery. More than one of the plaintiffs was hospitalized after the released chemicals.
To read more about personal injury lawsuit against BP.
Federal regulators won an injunction barring a pharmaceutical company from selling more than 50 medications. Most of the barred medications are prescription cough and cold products. The FDA alleged that the drugs were improperly manufactured, carried inadequate directions for use, and were not FDA-approved.
To read more about the barred medication.
Women’s high heels that break and choking hazards from children’s clogs sold exclusively at Wal-Mart have been recalled. The Consumer Product Safety Commission has recalled about 273,000 shoes last week.
To read more about the Wal-Mart recall.
With summer fast approaching and more tales of drowning coming up daily, we at Levin & Perconti thought that this Arizona Daily Star article was timely. Drowning is often referred to as the “silent killer” because there is usually no cry for help and very little commotion. Please keep toys away from pools and fence in any hot tubs or pools.
To read more safety tips to avoid drowning.
The federal government recently released that it has not made any progress in lowering the rate of food poisoning throughout the past four years. The Centers for Disease Control and Prevention specifically said last week that the incidence of human infections caused by salmonella, E. coli, and other common pathogens made little change from 2004 to 2008. Recently, the FDA has become more aggressive in monitoring food safety.
To read more about the food poisoning update.
In another tragic drowning story, a two-year old girl drowned over the weekend in her family’s hot tub. She was pronounced dead at a nearby hospital. If you have a pool or hot tub, the attorneys at Levin & Perconti urge you to review these tips for water safety.
To read more about the toddler’s drowning.
According to the FDA and its latest product liability news, a liquid morphine painkiller given to dying patients can remain on the market. Last week, the FDA had announced last week that it was ordering manufacturers to stop making 14 medications including the liquid morphine. Last week, however, the FDA www.fda.gov told the AP that the morphine liquid will remain on the market until it is replaced by an approved version or equivalent therapy.
To read more about the FDA’s reversal.
In light of the recent child drowning that Levin & Perconti blogged about, this Mayo Clinic article on childhood safety is entirely appropriate. When having a residential swimming pool, you can attempt to prevent personal injuries by fencing it in, installing alarms, blocking pool and hot tub access, teaching children to swim, removing toys, keeping your eyes peeled, and being wary of drains. The article also offers tips on avoiding drowning dangers in natural bodies of water and toilets, bathtubs, and buckets.
To read more about the child safety tips.
A personal injury attorney has claimed that new details have emerged in regards to the personal injury lawsuit filed against a university, seeking personal injury damages of more than $15,000. The personal injury complaint alleges that the plaintiff was beaten on the buttocks with wooden canes during unauthorized initiation rites. The plaintiff endured surgery for the personal injuries he sustained.
To read more about the hazing incident lawsuit.
Workers’ compensation claims in one state are at their lowest levels in a year. Some experts believe workers are hesitant to report work injuries during a period of frequent layoffs and record high unemployment. Other experts believe the lower workers’ comp claims have to do with the type of employee that remains after waves of layoffs: seasoned workers who tend to be less accident-prone.
To read more about the drop in workers’ compensation claims.
A woman who received severe personal injuries after trying to save her son from a house fire last year has filed a personal injury lawsuit against his estate. The personal injury plaintiff was badly burned in the fire and had to have part of her arm amputated. The personal injury lawsuit claims that her son was negligent for smoking in bed when he couldn’t extinguish any fire that might result.
To read more about the personal injury lawsuit.
Almost one hundred years ago, 259 miners died horribly in what became known as the Cherry Mine disaster. Some of the biggest gains in mining safety came only after the Illinois mining accident.
To read more about the Illinois mining disaster.
A four-year old boy who climbed over a fence guarding the family pool has died. The boy and his five-year old sister scaled the fence and got into the pool. The boy began to drown and has since died.
Levin & Perconti wish to remind everyone, especially as summer approaches, to be mindful and responsible when near pools to avoid injuries.
To read more about the 4 year-old drowning.
The pharmaceutical Avandia has now been linked to vision loss. Patients taking the diabetes medication now have to worry about vision loss and an increased risk of heart problems. A recent study has linked the use of glitazones, the class of drugs that Avandia falls into, and a vision problem. There has been no announcement of an Avandia recall to date.
To read more about the link to vision loss.
Raptiva, a pharmaceutical for psoriasis, has been added to the list of drugs with deadly side effects. There is a link between Raptiva and Progressive Multifocal Leukoencephalopathy (PML). So far, at least three deaths have been linked to Raptiva and PML. Although the reaction is rare, patients taking Raptiva should be concerned because of the potential of fatal side effects.
To read more about the pharmaceutical with deadly side effects.
Recent product liability lawsuits have revealed that patients taking the antibiotic Levaquin are experiencing severe side effects. Reactions to the pharmaceuticals include tendon ruptures and tendonitis. Often, the patients do not realize that they will experience side effects of Levaquin until it’s too late – and they are already off of the medication.
To read more about the Levaquin side effects.
Levin & Perconti has posted a few blogs about the rising incident of tainted Chinese drywall. Recently, The Christian Science Monitor ran a story about how the drywall is driving owners from their homes. Additionally, the toxic substance is alleged to be causing corrosion, health problems, and foul odors, bringing product liability lawsuits and calls for government intervention.
To read more about the tainted drywall.
According to recent data, seat-belt use has climbed to an all-time high across the nation and deaths due to car accidents on the highway are at a five-decade low. In Illinois, seat-belt use is 90 percent or better!
To read more about the higher seat belt use.
A recent state court held that architects and other design professionals can be sued in product liability lawsuits for negligence even if their mistakes do not result in personal injury or property damage. The court explained that the basis of the economic loss doctrine is to separate claims for breach of contract from claims strictly for tort damages.
To read more about the construction ruling.
The pharmaceutical company that manufacturers Digitek tablets has issued a recall for the product. It was recently discovered that some tablets of Digitek may contain a double dose of digoxin, which could cause nausea, vomiting, low blood pressure, cardiac instability, bradycardia, and even death. Those who have used the defective product should contact their physicians.
To read more about the pharmaceutical recall.
Shoemaker Crocs Inc. faces a personal injury lawsuit after parents of an infant filed a complaint also alleging product liability. The product liability complaint claims their infant was severely and permanently injured when one of his Crocs shoes was caught in an escalator at an airport. The incident resulted in the infant’s right foot to be seriously injured.
To read more about the personal injury lawsuit.
An Illinois woman injured at a birthday party by a metal piñata bat has filed a personal injury lawsuit against the hosts of the party. The Illinois personal injury victim was at a birthday party where children were participating in a piñata game when the bat slipped out of a participant’s hands and struck the victim in the forehead. The Illinois personal injury lawsuit is seeking more than $50,000 in payment for the negligence.
To read more about the Illinois personal injury lawsuit.
Steven Levin of Levin & Perconti was recently honored by being named to the American Constitution Society Chicago Chapter Board of Advisors. The new ACS Board of Advisors will be presented at a members-only ACS event on April 17, 2009. The event features remarks by the Honorable Abner Mikva, Professor Geoffrey Stone, and ACS Acting Executive Director David Lyle.
To RSVP for the April 17, 2009 ACS Members Only Event.
Manufacturers of motorcycles are likely to be subject to the new anti-lead law that has kept dirt bikes and ATVs for kids off of the showroom floors. Staff at the Consumer Product Safety Commission have decided against recommending an exemption for ATVs and dirt bikes. The new law was intended to prevent injuries from unsafe products and keep lead away from young children by banning the metal from products for kids 12 years and under.
To read more about the lead law’s application.
We at Levin & Perconti recently blogged about the possible FDA regulation of tobacco and yesterday – the regulation finally became a reality. The measure, passed 298-112, gives the Food and Drug Administration authority to regulate – but not ban – cigarettes and other tobacco products. A version will need to be taken up by the Senate and that could happen later this month. The ruling comes after years of product liability lawsuits and debates on the tobacco issue.
To read more about the House approval of FDA regulation.
Nomination deadline for the Steven J. Sharp Public Service Award is approaching on April 25. The award, administered by the American Association for Justice, is annually presented to personal injury attorneys and clients whose cases embody the American civil justice system. The award is named for Steven J. Sharp, who brought a product liability lawsuit against the manufacturer of a defective tractor hay baler after losing both of his arms in an accident.
To read more about the award.
A Chicago-area boy has died after nearly drowning earlier last week in an Indiana pool. The 4 year-old died at the University of Chicago hospitals. The Cook County Medical Examiner did not release the name of the 4 year-old drowning victim.
To read more about the Chicago-area drowning victim.
An Illinois family has filed a wrongful death lawsuit against an Illinois condominium after a boy drowned in a pool. The Illinois boy and some other kids had jumped a fence to swim. The personal injury lawsuit alleges that the management company and condo association maintained unsafe and inadequate pool enclosures.
To read more about the Illinois drowning lawsuit.
At least thirty personal injury law groups have either filed product liability claims or are recruiting personal injury plaintiffs to file claims over allegedly defective Chinese-made drywall. Other firms are seeking to represent defendants in the personal injury claims.
To read more about the upcoming drywall lawsuits.
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.
