A man’s visit to a beach house resulted in his personal injuries and a resulting personal injury lawsuit against the land owners. The personal injury plaintiff alleges that the outdoor chair on which he sat broke underneath him. The victim suffered injuries to his hip, pelvis, and back.
To read more about the beach chair injury lawsuit.
The recent Hydroxycut recall has raised continued concerns about the regulation of dietary supplements. Concerns over the product safety of diet aids have caused recalls and product liability lawsuits in the past. Current laws, however, prevent the FDA from truly regulating dietary supplements.
To read more about the product oversight issues.
Last week, the FDA alerted physicians to side effects seen in patients taking Tarceva, a drug used to treat cancer. The side effects range from blistering skin to intestinal problems. Some incidents of both of these conditions were fatal, according to the FDA. Physicians are supposed to discontinue use of the drug if either condition develops.
To read more about the FDA warning.
A personal injury lawsuit has been filed by the former bodyguard of Britney Spears. The injury lawsuit alleges that the pop star negligently operated her home and business causing the former bodyguard to sustain injuries. His personal injuries were not described in the lawsuit.
To read more about the personal injury lawsuit.
HP has recalled 70,000 notebooks because of fire hazard concerns. The faulty lithium-ion laptop batteries present a fire and burn threat to users. HP has announced the product liability recall for battery packs in notebook PC products manufactured between August 2007 and January 2008.
To read more about the product liability recall.
Many multiple injuries – and even a wrongful death – have resulted from Black Friday rushes at places like Walmart. The day after Thanksgiving has been recognized as a big shopping day in recent years. Walmart has agreed to crowd control plans in an effort to avoid prosecution in the wrongful death case of a worker trampled to death.
To read more about the plans to avoid personal injuries.
The AAJ recently stated that the new U.S. Department of Transportation’s requirement for vehicle roofs to withstand three times the weight of the vehicle is a good start, but does not go far enough to protect consumers. The vehicle roof crushing requirement should be reviewed in relation to vehicles with higher incidents of rollover accidents.
To read more about the push for stronger auto safety requirements.
To read a study about roof crushing standards.
The company that manufactured the Dallas Cowboys’ training facility that recently collapsed also built at least three other buildings that have fallen in heavy weather. Interviews regarding the product liability stated that the buildings fell in conditions that included heavy snow.
To read more about the structurally unsafe buildings.
While lawmakers are focusing on auto safety standards, Congress should also strengthen its commitment to reducing wrongful deaths from auto accidents by focusing on safety in the commercial vehicle industry. A recent AAJ press release is pushing for enhancements in safety standards. According to the U.S. Department of Transportation there were 4,808 fatalities in crashes involving large trucks and 322 fatalities in crashes involving buses in 2007.
To read more about the commercial vehicle industry’s need for more regulation.
The family of a flight nurse killed in the helicopter crash filed a wrongful death lawsuit. The personal injury lawsuit stems from an August 2008 crash when the helicopter was operating as an air ambulance. The wrongful death lawsuit seeks unspecified damages for the loss of their mother.
To read more about the fatal helicopter crash lawsuit.
The Consumer Product Safety Commission recently provided updated figures on child drowning deaths and injuries in pools and spas. Nearly 300 children younger than 5 drown in pools and spas yearly and 3,000 suffer pool-related personal injuries. About 80% of the drowning fatalities occurring in residential settings, such as the home, or a friend’s home.
Levin & Perconti has blogged quite heavily on child drowning issues, especially as summer approaches. For safety tips, click here.
To read more about the CSPC drownings report.
The FDA gave the SmartMonitor 2 Infant Apnea Monitor a potential defective product risk on the federal Class I recall list. A Class I recall is the highest and most serious recall a defective product can be labeled in U.S., which means that the product has a reasonable probability of causing serious injury or death.
To read more about the defective product recall.
The U.S. CSPC issued a recall for Bunn Single Cup Pod Brewers because the pod drawer of the pod brewer can open unexpectedly during a brew cycle, posing a burn hazard to consumers. Bunn-O-Matic has received 10 reports of the drawer opening unexpectedly, including one report of minor burns.
To read more about the recall.
Both sides of the argument agree that Congress is likely to pass FDA tobacco regulation. The bill has been fast-tracked and President Obama is likely to sign it. Tobacco product liability litigation will finally be governed by the FDA.
To read more about the FDA tobacco regulation.
DiGuilio v. Goss International Corporation, No. 1-07-1584, (4-30-09) affirmed that a defendant corporation, which purchased the assets, but not liabilities, of bankrupt manufacturer of printing press, which allegedly was defective, causing plaintiff's injuries, is entitled to summary judgment dismissing plaintiff's product liability and negligence complaint; because bankruptcy judge approved sale as arms length transaction, pursuant to Section 363 of Bankruptcy Code, and plaintiff has not proved any exceptions to non liability of successor corporation. This case will have an effect on product liability cases.
In a unique study, personal injuries received from falling furniture, including overturned televisions, shelves, and other household items are on the rise. Researchers have seen a forty percent increase over 18 years. More than 14,000 Americans receive personal injuries yearly in these types of accidents.
To read more about the rising injuries from falling furniture.
Dozens of medical device lawsuits have been filed around the nation, questioning whether the FDA has been regulating medical devices with rigor. These lawsuits involve a vaginal sling, used to control urinary leaks. These lawsuits highlight the importance of the medical device bill currently in the legislature.
To read about the complications.
To read about the medical device bill.
Jones v. Chicago Cycle Center, No. 1-07-0724 (5-5-09), affirmed that after a defendant filed multiple motions in limine seeking to bar plaintiff's witnesses in product liability personal injury lawsuit, from testifying to specific fact because of failure to timely disclose in discovery, and plaintiff moved to voluntarily dismiss the complaint, trial court did not abuse its discretion when it ordered plaintiff to pay defendant's discovery costs and expenses in an amount in excess of $181,000, pursuant to SCR 219. However, rather than making payment a condition of re filing, trial court should have made the expenses payable upon re filing of the complaint. This case will have an effect on personal injury cases.
The Consumer Product Safety Commission has agreed to allow retailers of youth-model all-terrain vehicles to unload their older inventory despite new product liability restrictions on lead content that had prohibited sales.
To read more about the youth ATV sales.
At least 150 product liability lawsuits have been filed representing thousands of plaintiffs who request relief from the damage defective Chinese drywall has caused to their homes.
To read more about the drywall lawsuits.
Orzel v. Szewcyk, No. 1-08-2240 (5-11-09) is a first division Illinois decision which found that the plaintiff was not entitled to judgment notwithstanding the verdict in her legal malpractice trial despite defendant's acknowledgement that her slip and fall personal injury complaint was dismissed because he failed to file a timely complaint against correct landowner. Defendant's statement that he thought plaintiff had a viable claim is not a judicial admission; and general verdict for defendant could have been based on finding by jury that plaintiff failed to prove landlord's liability for unnatural accumulation of snow and ice. This case will have an effect on premises liability cases.
The federal government has upgraded the 35 year-old regulation governing vehicle roof strength. According to experts, the upgrade will save 135 lives, prevent more than $1,000 personal injuries, and add up to $1.4 annually to the production of new cars. The new standards go to prevent serious injuries resulting from car accidents.
To read more about the vehicle roof strength.
Senate Bill 84 has passed the Illinois House and now heads to Illinois Governor Patrick Quinn’s office. Personal injury attorneys should be aware: the bill repeals the notice requirement in CTA Section 41. Please contact Governor Quinn and urge him to sign the bill!
For a roll call on the bill.
For the full text of SB 84.
To contact Governor Quinn.
The FDA has found multiple websites that may be fraudulently marketing products with claims that they guard against or cure swine flu. The FDA has given the companies 2 days to take corrective action or face product liability action or criminal charges.
To read more about the fraudulent product claims.
A Midwest University and an employee are not liable for a fatal crash that involved a pickup truck that was stolen by a drunken young man while parked with the engine running. The appeals court said that no reasonable juror would believe that the employee’s conduct showed a willful disregard of precautions.
To read more about the appellate court liability ruling.
In a recent New York Times article, public health experts stated that despite improved safety, the complexity of the food system brings dangers. New food products, such as bagged salads, require increased handling, which brings further danger of contamination. The salmonella outbreak with peanut butter may be an example of this.
To read more about the public health experts.
A premises liability lawsuit has been filed against Wal-Mart after a shopper was attacked by a large rodent. According to the personal injury lawsuit, the shopper suffered pain, suffering, mental anguish, fear, disabling injuries, and medical expenses when she was attacked by a Nutria. While pushing her cart down an aisle, a large rat like rodent ran out from behind a Coke rack. The personal injury plaintiff fell unconscious from the event, to which workers at Wal-Mart replied that she had met “Norman,” the store’s pet rat.
To read more about the premises liability lawsuit.
Last week, the National Transportation Safety Board held a hearing on a recent airplane crash. The hearing showed that regulatory changes for commuter airlines are needed. Last week, CBS interviewed the family of one of the recent flight victims.
To view the CBS clip on the airplane crash victims’ family.
Levin & Perconti posted a blog about the medical device bill yesterday that would provide recourse for product liability victims if they are injured by a medical device approved by the FDA. You can listen to some of the victims of medical device preemption below:
An FDA advisory panel cardiologist has asked Congress to eliminate manufacturers’ blanket immunity from product liability lawsuits over defective medical devices that were approved by the FDA. The cardiologist stated that FDA approval does not mean that a device will not malfunction. The Medical Devices Safety Act of 2009 would provide patients with legal recourse if they are injured by a malfunctioning implanted device.
To read more about the medical device liability bill.
An 11 year-old boy was killed when a 1600 pound unsecured iron gate crushed him in 2007. The personal injury victim and his brother were playing at a school when the unhinged gate fell on them, causing the wrongful death of the 11 year-old and serious injuries to his brother. The settlement reached was for $600,000, which is the maximum amount under state law.
To read more about the wrongful death lawsuit settlement.
A woman has filed a personal injury lawsuit after her trip to an aquarium rendered her injured. The personal injury plaintiff tripped over a large screen at the aquarium. She required orthopedic surgery.
To read more about the personal injury lawsuit against the aquarium.
A Cook County wrongful death lawsuit has been filed against the home owner and two companies believed to have manufactured and installed the door. The Illinois lawsuit stems from the boy’s death May 9 when he was trapped between an overhead garage door and the floor.
To read more about the Cook County wrongful death lawsuit.
A widow in the Chicago suburbs has filed a wrongful death lawsuit against Crestwood, alleging that contaminated drinking water caused her husband’s death in 2003. A Chicago Tribune investigation published last month reported that Crestwood leaders used the well water for more than two decades after the EPA found the well to be contaminated with toxic chemicals.
To read more about the wrongful death lawsuit.
The city of Chicago is about to set a higher number of fire deaths this year than last. Up until last month, there were 16 fire-related deaths and last year, there were a total of 17 fire deaths all year. The winter’s subzero temperatures likely played a role in the rise in fire-related deaths because of the reliance on space heaters and candles to keep warm through the winter. Another scary pattern noticed in many of the deaths, according to the Chicago Fire Department, is no working smoke detector.
For smoke detector safety information.
To read more about the rising fire deaths.
The products liability class action lawsuit claimed, among other allegations, that Merck & Co., the pharmaceutical manufacturer of recalled drug Vioxx, created phony medical journals full of previously published studies. Vioxx has since been linked to many thousands of strokes and heart attacks.
To read more about the fake medical journals.
The class-action train accident lawsuit over a 2005 derailment that resulted in 11 wrongful deaths is moving ahead despite a defense motion. The defense motion argued that certifying the lawsuit as a class action would set bad precedent. The train derailment resulted in the deaths of 11 passengers and the personal injuries of nearly 200 others.
To read more about the class action lawsuit.
A Chicagoland fire that may have been intentionally set has resulted in the wrongful death of a 12 year-old boy and personal injuries to his mother and two sisters. The cause of the fire is under investigation.
To read more about the Chicagoland fire.
Jurors are now considering a personal injury lawsuit involving a police officer in a hit-and-run lawsuit. The officer’s right foot was amputated less than two weeks later.
To read more about the personal injury lawsuit.
A wrongful death lawsuit recently settled out of court for an unreleased amount. The personal injury lawsuit involved a man who was in a coma for two weeks and died as a result of exposure to carbon monoxide in a leak at his apartment.
To read more about the carbon monoxide settlement.
Only one week after the Hydroxycut recall was issued, a class action lawsuit has been filed. The lawsuit alleges that the manufacturer failed to provide proper warnings and misled consumers about the safety of Hydroxycut. Last week, a recall was issued on the weight loss products as a result of reports of liver damage and other injuries.
To read more about the Hydroxycut class action lawsuit.
A Chicago woman was killed in an Chicago apartment building fire last week. The fire broke out in the fire victim’s second-floor Chicago apartment. The fire was confined to one apartment. Firefighters found a smoke alarm with no battery in the apartment. Many people suffer injury or death each year due to faulty fire alarms. It is important for homeowners, landlords and tenants to install and maintain working fire alarms to prevent fatal fires such as this one in Chicago.
To read more about the Chicago fire victim.
The family of a man who died in a county jail has settled a wrongful death lawsuit for 1 million. The complaint in the wrongful death lawsuit alleged willful indifference on behalf of the jail staff.
To read more about the wrongful death lawsuit settlement.
A man who says that he received salmonella poisoning at a buffet restaurant has filed a personal injury lawsuit against a spicemaker. The personal injury lawsuit is likely the first stemming from a bacterial outbreak that has caused personal injuries to more than 40 people.
To read more about the personal injury lawsuit.
The FDA recently warned Baxter that materials used to promote one of its surgical sealants are misleading. According to the FDA, the materials overstate the pharmaceutical’s benefits.
To read more about the FDA warning.
The FDA has recently made physicians aware of new warnings on anti-seizure drugs. The warnings indicate heightened risks of suicidal tendencies. The product liability warnings apply to more than 20 medications used to control seizures, psychiatric disorders, and nerve pain.
To read more about the new warnings.
The Senate Health, Education, Labor, and Pensions Committee will soon work on the product liability bill that gives the FDA the power to regulate tobacco products.
To read more about Congress’s plans for the bill.
Recent reports indicate that President Obama has tapped former schools chief Inez Moore Tenenbaum to chair the Consumer Product Safety Commission. Obama also indicates that he will boost funding at the agency, which is involved heavily in product safety oversight.
To read more about the appointment.
CNN recently published an article about a Florida family severely affected by the tainted Chinese drywall. Last week, the products liability victim fled a multi-million home because the drywall was making her physically and mentally ill. She believes that injuries that she and family members have been suffering or the past year – including upper respiratory infections, antibiotics, and bloody noses – have been caused by the walls.
To read more about the family affected by the Chinese drywall.
A 2 year-old boy died last weekend after family members found him floating in their swimming pool. The boy had no pulse when he was pulled from the water. It is unknown how he got into the pool.
Levin & Perconti reminds you, as the summer months approach, to avoid drowning tragedies by practicing safety tips when near or in water!
To read more about the 2 year-old drowning.
As Levin & Perconti blogged about last week, forced arbitration clauses are receiving pressure from consumer rights organizations like AAJ and Public Citizen and polling results indicating opposition to mandatory arbitration clauses. Now, they are receiving pressure from legislators as well. The bipartisan Arbitration Fairness Act aims to ensure that the decision to arbitrate is made voluntarily and after a dispute has arisen. On May 5, a House Judiciary Subcommittee held a hearing on whether the credit card industry is using mandatory arbitration clauses to quash legal claims.
To read more about the hearing.
To read about the polling results.
Stamp v. Sylvan, No. 1-08-1421 (4-22-09) affirmed that because uncontroverted evidence at trial demonstrated that plaintiff suffered a soft tissue injury to her neck; and jury awarded medical expenses for pain incurred during that period of time, trial court properly granted plaintiff a new trial on the issue of damages for pain and suffering and loss of normal life limited to six months after automobile collision in which she was injured. This case will impact personal injury cases.
Next month, the U.S. Chamber of Commerce will release four short clips to run before movies in Washington, D.C.-area movie houses. The movie clips will all tell a story of supposed “Lawsuit Abuse” – injury lawsuits which people were allegedly dragged into the legal system with frivolous lawsuit filings. In a tough economy, it is frustrating that the Chamber is wasting cash on PR stunts when injured victims face real challenges.
To read more about the “tort reform” videos.
The Institute of Medicine recommended that doctors, medical schools, professional groups and drug makers make serious changes to prevent gifts and payments from influencing patient care and research. Levin & Perconti agrees that many non-common practices should be eliminated, such as meals, trips, or other gifts from companies to physicians.
To read more about the recommendations for change.
The U.S. Consumer Product Safety Commission has announced that it will investigate toppled light poles to try to determine the cause of the failures. The decision about investigating the product safety issues comes after an 80-foot athletic tower crashed to the ground, crushing the bleachers.
To read more about the CPSC investigation.
A workplace safety task force will ask for help from the National Institute for Occupational Safety and Health to gather information and analyze why Wyoming has the worst workplace fatality rate in the nation. The task force spent years working with Alaskan officials to build a surveillance model responsible for cutting workplace fatalities in helicopter logging and commercial fishing.
To read more about the workplace safety task force.
The FDA has recently issued a product recall alert on Personal Care non-acetone nail polish remover, conditioner enriched with gelatin. The polish remover does not meet product specifications and could cause chemical burns to fingers of persons who use the defective product.
To read more about the product recall.
A jury concluded that the state patrol and county must pay $5.5 million for not stopping a drunk driver who seriously injured another motorist in a 2007 head-on collision. The car accident occurred in 2007 when a drunk driver crossed the center line and slammed head-on into a car driven by the personal injury victim. She suffered severe injuries to her legs, pelvis, and wrists, and needs over 13 surgeries.
To read more about the personal injury verdict.
Recently, a link has been discovered between Hydroxycut weight loss products and liver damage, liver injury, and other potentially life-threatening side effects. The FDA has announced a product recall of various Hydroxycut weight loss products due to the drug’s association with serious liver injuries.
To read more about the product recall.
Congressional Dems and the Obama administration have promised commitment to strengthen workplace safety laws. Further, they intend to step up workplace safety enforcement. The new Labor Secretary stated that "No one in America should go to work fearful for their health and safety."
To read more about workplace safety.
An energy company faces a wrongful death lawsuit filed by family members of five crew members killed when their helicopter crashed. The helicopter crashed after striking a power line. The wrongful death lawsuit alleges that the energy company was negligent in its maintenance and marking of the power lines.
To read more about the wrongful death lawsuit.
Only two months following the U.S. Supreme Court decision clarifying that injured patients can sue drugmakers over personal injuries from medicines approved by the government, drugmaker lawsuits against a couple of pharma companies are moving forward. Writing for the majority, Justice John Paul Stevens wrote in the Opinion that Congress did not intend FDA oversight to be the exclusive means of ensuring drug safety and effectiveness.
To read more about the drugmaker lawsuits.
As Illinois personal injury attorneys, Levin & Perconti know about forced arbitration. A recent national survey released shows that a commanding majority of Americans oppose the practice of forced arbitration. Roughly six in ten voters support the Arbitration Fairness Act, which would prohibit forced arbitration in Terms of Employment and Terms of Agreement for goods and services.
To read more about the poll results.
97 people recently filed Illinois personal injury lawsuits against pharmaceutical companies. The products liability lawsuit claims that they took a pharmaceutical for their heart problems that contained double the approved level of its active ingredient.
To read more about the Illinois 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.
