Illinois Injury Lawyer Blog

A jury recently ruled against Sherwin Williams, finding it liable for the personal injuries and illnesses of a boy who ate lead-contaminated paint chips. $7 million in personal injury damages was awarded to the plaintiffs.

To read more about the lead liability.

Thirty-eight drug liability lawsuits were recently consolidated into one against pharmaceutical company C.B. Fleet over two of its laxative drugs. The product liability lawsuits allege that the laxatives have caused serious kidney damage. The company is currently considering ways to put the drugs back on the market.

To read more about the defendant laxative company.

Records from a premises liability lawsuit involving the collapse of a different building constructed by the same company shed new light on last month’s Cowboys facility collapse. In that premises lawsuit, the company was ordered to pay about $3.5 million in damages.

To read more about the company’s prior premise liability.

A court recently affirmed a Workers’ Compensation Board ruling that a prison employee, injured in an automobile accident merely ten feet away from her work’s entrance, did not sustain an accidental injury arising out of her employment. This means that situations like these may not be compensable by workers’ compensation.

To read more about the workers’ comp ruling.

A fiery Chicago car crash in the East Garfield Park neighborhood resulted in one death and several people receiving personal injuries. A van had been traveling south in Chicago on California and flipped over on its roof after impact. Two other male teens involved in the car crash received bad burn injuries.

To read more about the Chicago car crash.

Personal injury lawsuits were recently filed by two men alleging that they contracted Legionnaire’s disease from a hotel hot tub. The personal injury lawsuits allege that the tub was not properly cleaned during their stay in 2008. Legionnaire’s disease produces symptoms similar to those of pneumonia, which can include high fever, chills, muscle aches, and cough.

To read more about the hot tub injury lawsuit.

A family was killed on Friday when their truck crashed between two semi-trailers on I-65 near Crown Point Indiana. The car crash occurred as traffic backed up because a car was being towed from the interstate. The pick-up caught fire and the blaze spread to the semi that hit it.

To read more about the deadly car crash.

General Motors and the Obama administration have reached a resolution for the carmaker to maintain responsibility for product liability lawsuits filed after it emerges from bankruptcy as a new company. The deal resolves a problem that was raised by several consumer rights groups and personal injury attorneys.

To read more about the plan after restructuring.

Minor personal injuries were reported after a bus struck the back of a semi truck on Interstate 80. The bus driver was the only one to sustain personal injuries.

To read more about the I-80 bus crash.

Almost three years ago, a wrongful death victim died days after he was critically injured when his pool’s two-piece, kettle style pool filter exploded and struck him in the head. Now his wife is focused on spreading the word about the potential danger of certain pool filters. Incidents tracked by the Consumer Product Safety Commission has shown that there have been at least 22 similar product incidents reported since 1982, including four wrongful deaths.

To read more about the pool filter wrongful deaths.

A seaman seeks an excess of $1 million in injury damages from his employer and a woman after being thrown from the bed of a truck during a truck collision. The personal injury lawsuit accuses a business man of negligence, blaming the defendants for severe and disabling injuries.

To read more about the truck collision lawsuit.

A personal injury lawsuit has been filed against a supermarket chain after a man hurt his left knee while shopping more than a year ago. The personal injury plaintiff was unaware of the water and stepped in the puddle, causing his foot to slip out from under him and his left knee to strike the floor sharply.

To read more about the slip and fall lawsuit.

For tiny Matrixx Initiatives, the maker of Zicam cold remedies, the June 16 Zicam recall of two of its products was damaging. The herbal nasal gel and swabs were recalled because of reports that some patients lost their sense of smell after using them. The recalled product accounted for 40% of Matrixx’s $112 million in sales last year.

To read more about the Zicam product recall.

Less than half of asbestos workers diagnosed with mesothelioma file claims for workers’ compensation. More interestingly, according to a recent Canadian study, is that those who do file claims do receive compensation. Canadian workers’ compensation is similar to the U.S. in that it covers medical costs for workers injured on the job.

To read more about the unreported mesothelioma cases.

FDA has recalled undeclared egg products. The product recall includes Knorr Kosher Soup Mix – Chicken Vegetable Flavor with Pasta. The soup mix product has been voluntarily recalled because it consists of egg as an undeclared ingredient. When consumed by consumers who are allergic to eggs or have a high sensitivity to eggs, the product can cause serious injuries or life threatening allergic reactions.

To read more about the egg product recall.

Federal regulators and Starbucks Coffee Co. have issued a product recall of nearly 530,000 Starbucks Barista Blade Grinders. The reason for the product liability recall is the potential laceration hazard when using the product.

To read more about the Starbucks product recall.

Personal injury litigation trend surveys are pointing towards the fact that the number of injury accidents are on the rise. The higher number of accidents leads to a higher number of personal injury lawsuits being filed in various U.S. Courts, likely including Illinois courts.

To read more about the rising accident levels.

A Chicago wrongful death lawsuit has been filed against an Illinois Dunkin’ Donuts. The Illinois lawsuit stems from a night in June 2007 when the wrongful death victim entered the Dunkin’ Donuts bathroom. When he did not come out after some time, another customer became concerned. When he attempted to break into the bathroom, employees refused to help. More than two hours later, Chicago Police and Fire Department arrived and broke down the bathroom door. The wrongful death victim was dead upon arrival to the hospital.

To read more about the Chicago wrongful death lawsuit.

Yesterday’s commuter train collision in D.C. killed at least six people and resulted in the personal injury of scores of others. Cars of both trains were ripped open and smashed together in the worst train accident in the Metro system’s history.

To read more about the devastating train crash.

Macy’s and federal regulators have issued a product liability recall for 33,000 kiddie hoods. They pose a strangulation hazard. The drawstrings attached to the base of the sweatshirts hoods can get tangled around children’s necks.

To read more about the product recall.

Eight state attorneys general are opposing a GM provision that would free the automaker from product liability for vehicle defects. The provision would essential bar accident victims from key legal rights.

To read more about the GM liability challenge.

Today, President Obama signed a new product liability bill giving the government new oversight over the tobacco industry. However, as the video above shows, not everyone is considering it a victory.

A Chicago man has died after a pedestrian car accident this weekend. The 25 year-old Chicago man was walking to a gas station as he was hit by two cars. The first driver left the scene of the car accident without reporting the accident. A search did lead to the arrest of the first driver.

To read more about the Chicago man’s death.

An erectile dysfunction drug has been recalled for a potentially lethal undeclared ingredient. Federal FDA regulators and the pharma company have issued a recall for all lots of Stamina-Rx. An undeclared substance, benzamidenafil, was found in the product.

To read more about the drug recall.

An ammonia leak at a food processing plant has resulted in one wrongful death and four others receiving personal injuries. The workplace death was caused apparently from severe burns. Preliminary reports said that there was a leak in the line that goes to a machine that freezes the food.

To read more about the deadly chemical leak.

As an initial compensation for each victim of the recent airplane crash, Air France will pay families about $24,500. So far, Air France has been in touch with about 1800 relatives of the people who died when the airplane crashed. The company is also providing grief counseling.

To read more about the Air France proactive compensation measures.

One person has died and six people received personal injuries when a cargo train derailed in Illinois, causing an explosion and a fire. The train in Illinois was carrying chemicals that burned for hours, forcing evacuations of about 600 Chicago-area homes.

To read more about the Illinois train derailment.

The attorneys at Levin & Perconti recently blogged about the FDA’s warning to consumers not to use the homeopathic cold remedy Zicam after allegations that it could result in the loss of smell. Also recently, Hydroxycut was pulled from the market following evidence that it could result in permanent liver damage. Both of these severe product liability incidents highlight the increasing problems of so-called “herbal remedies,” that escape FDA scrutiny.

To read more about Zicam’s withdrawal from the market.

A woman has filed a personal injury lawsuit against Yahama after she was hurt while riding in one of Yamaha’s Rhinos, a popular all-terrain vehicle. The product liability lawsuit alleges that the plaintiff suffered an injury to her right leg when the ATV rolled over toward the passenger side.

To read more about the ATV injury lawsuit.

Earlier this week, the Environmental Protection Agency declared a public health emergency in a small western town. It found that a mine there had blanketed the town with asbestos.

To read more about the asbestos health emergency declaration.

The Attorney General of Illinois recently filed a lawsuit against Crestwood, alleging that its decision to tap into tainted well water for more than two decades amounted to outright lies and blatant cover-ups. Class action, Illinois personal injury, and wrongful death lawsuits have also been filed against the Chicago suburb.

To read more about the Illinois lawsuit.

A Midwest man has filed a product liability lawsuit against the manufacturer of Hydroxycut and Wal-Mart, the store from which he bought the weight loss drug. The man has suffered serious personal injuries after taking the drugs for less than a month. He was diagnosed with acute hepatitis with necrosis of the liver. Other Hydroxycut lawsuits have also been filed against the manufacturer.

To read more about the Hydroxycut lawsuit.

One man recently told his story of pharmaceutical liability from taking Zicam. He is among over at least a hundred people who have lost their sense of smell after using one of the Zicam products, according to the FDA. Zicam therapy medicines were never reviewed by the FDA because they are considered homeopathic therapies, not drugs by the FDA. But, as Levin & Perconti recently blogged about, the FDA has sent a product safety warning letter to the maker of Zicam, telling them to stop selling them.

To read more about the Zicam side effects.

Recently, two drugs once used for morning sickness were pulled from the market over product safety concerns. A recent study, however, has found that the medication is unlikely to affect the health of the fetus.

To read more about the drug safety study.

A FDA panel has approved the use of Seroquel, an antipsychotic, in children and adolescents, stating that the drug was acceptably safe. Currently, the product is safe for use in adults, but the companies were seeking FDA approval to market the products in younger patients. Despite these approvals, Levin & Perconti blogged a couple months back about prevalent Seroquel side-effects, so be sure to research any drugs before taking them regularly.

To read more about the antipsychotic approval.

The Senate has cleared the last hurdle toward passage of the tobacco regulation bill. A final vote on the regulation bill could come as early as today. The bill would give the FDA authority to impose new rules on the production, sale, and marketing of cigarettes and other tobacco products.

To read more about the tobacco regulation bill.

According to a personal injury lawsuit filed against an off-duty police officer alleges that he drank heavily at a bar before causing a wrong-way car accident that resulted in the wrongful deaths of four people. Police have said that the defendant in the car accident lawsuit had a blood alcohol count of .169 three hours after the crash.

To read more about the personal injury lawsuit.

The U.S. Consumer Product Safety Commission and Blair LLC are again announcing the voluntary recall by Blair of 162,000 women’s full length Chenille Robes. Since the original recall, six more reports of wrongful death have occurred due to the robes catching on fire.

To read more about the bath robe recall.

As experienced nursing home attorneys, Levin & Perconti has unfortunately seen a lot of situations similar to the story read in the Norwich Bulletin today. The subject of the story, a 76 year-old nursing home abuse victim, had been complaining of hip and leg pains for weeks before a doctor found gangrene in both of his legs. He died less than 48 hours later. The family has filed a wrongful death lawsuit against the doctors responsible for his care.

To read more about the wrongful death lawsuit.

Nelson v. Aurora Equipment Company, No. 2-08-0186 (5-29-09) affirmed that the defendant, a former employer of plaintiff's decedent's husband and son, at which they were exposed to asbestos containing materials, owes no duty to plaintiff's decedent for exposure to asbestos fibers from her son and husband's clothing. Therefore, plaintiff's negligence wrongful death complaint based on premises liability is subject to dismissal by summary judgment. This case will affect premises liability cases.

The FDA issued a warning letter to Matrixx Initiatives, Inc., asserting that the company is in violation of its product safety regulations. According to the FDA, Matrixx failed to file a new drug application for its Zicam Cold Remedy Nasal Gel and Zicam Cold Remedy Gel Swabs. More concerning, those products are misbranded for failing to adequately warn of product risks.

To read more about the FDA Zicam product safety warning.

In a large work injury verdict, a transit worker won $13 million after falling 30 feet from an elevated subway track. Following his work injury, he was in a coma for two months. The personal injury lawsuit showed that the victim still has lingering brain damage and metal plates bolted inside both arms. He was wearing a safety helmet at the time that partially shielded his skull.

To read more about the work injury verdict.

Congress is currently holding hearings on airline safety and the attorneys at Levin & Perconti are following the latest developments. Enhanced airline safety measures are key to ensuring a minimum safety standard. Airlines must also ensure their pilots are experienced and properly trained.

To read more about current airline safety issues.

Rogers v. Matanda, Inc., No. 3-07-0855 (5-29-09) ruled that the trial court did not err when it granted summary judgment, to defendant, tavern property owner, dismissing plaintiff's complaint for personal injuries he sustained when he fell off retaining wall while intoxicated outside of rear exit. Since plaintiff cannot describe how or why he fell, he cannot establish that the lighting or topographic condition of outside of premises was the proximate cause of his fall. This case will have an effect on personal injury claims.

Chicago personal injury attorneys Levin & Perconti will be hosting an American Constitution Society discussion tomorrow. The discussion is entitled: The Real Iran, Its People, Its Culture and Its Politics: Dispelling Myths and Perceptions featuring discussion leader Marc Whitehead. Mr. Whitehead practices international consulting, specializing in cross-border issue management and legal representation. He also serves on the Board of Earth Justice, the largest pro bono environmental litigation firm in the world. Mr. Whitehead recently returned from Iran.

Registration is now closed, but to access the PBS documentary on Iran.

Chrysler and GM’s bankruptcy proceedings are continuing to raise concerns and advocates are working hard to ensure that citizens injured by defective vehicles are not excluded or ignored. The Supreme Court refused to intervene in Chrysler’s sale to Fiat unfortunately. There is concern that the bankruptcy of GM may follow a similar path.

To read more about the injured victims left out of the process.

A state court ruled recently that an employer cannot avoid work injury liability simply because the help a workers’ comp victim receives is provided by his wife. The Justice writing the unanimous decision said that the employer was ignoring the plain language of the workers compensation system, that states it requires employers to pay for the services needed by an employee injured in a work-related accident.

To read more about the workers compensation decision.

A recent report hints that there should be some product safety concerns about microcars. The Insurance Institute for Highway Safety reports that repairing damage to microcars in low-speed automobile accidents can cost anywhere from $474 to $3,701. Bumpers should protect cars in these motor vehicle accidents and repairs should cost less than the typical $500 insurance deductible.

To read more about the microcar repairs.

To read the report.

After a unanimous voice vote in a House subcommittee, the House took an initial step toward passing legislation supporting the nation’s food-safety system. This could help prevent food poisoning situations like the recent salmonella peanut outbreak.

To read more about the food regulation bill.

Just Thursday, the Senate passed the FDA tobacco regulation bill by a 79-to-17 vote. The bill now heads to the President’s desk. The bill increases the power of the FDA to regulate the manufacturing, marketing, and sale of tobacco products.

To read more about the Senate’s passage of the tobacco regulation bill.

A recent article addressed prevention techniques for avoiding foodborne illnesses during the summer barbeque season. Some of the tips include: always sanitizing countertops and anyplace where meat will be handled, keeping food refrigerated, and use food thermometers to decide when your meat is cooked.

To read more safety tips about preventing food poisoning.

A medical student was recently victim of a severe dog bite injury. The personal injuries she sustained required 25 stitches to close her facial wounds. It is not yet known whether the injury victim will be seeking the advice of a personal injury attorney.

To read more about the dog bite victim.

A product safety study has discovered a correlation between some acid reflux drugs and pneumonia. This problem may be more common than you think – an estimated 40 to 70% of hospitalized patients receive some form of acid reflux medication.

To read more about the potential drug side effects.

The FDA warned consumers not to use skin products made by Clarcon after a recent product safety inspection found high levels of disease-causing bacteria. The FDA said that the findings are especially concerning regarding potential product liability because the products are promoted to treat open wounds.

To read more about the product safety warning.

Earlier this week, the Senate voted 61-30 to give the FDA legal authority to regulate cigarettes and other tobacco products, setting up a possible passage of the tobacco regulation measure this week. If the tobacco regulation bill is signed into law, the FDA would be given powers to regulate the content of tobacco products and provide other oversight of tobacco products.

To read more about the tobacco regulation bill.

After almost 15 years of product liability litigation, a $52.5 million settlement has been reached with 500 claimants who said they suffered personal injuries or property damage because of their exposure to radioactive emissions.

To read more about the $52.5 million injury settlement.

Asbestos-injury plaintiffs are saying that the government-backed plan to sell GM may be unconstitutional since they were left out of negotiations. The toxic tort plaintiffs have asked for an official committee in the bankruptcy case and argue that they cannot be bound by a reorganization of which they were not participants.

To read more about the toxic tort victims’ claims.

Products liability victims from multiple states approached Congress this month for urgent help in light of the GM and Chrysler bankruptcies, which could leave individuals injured by a faulty product with no legal recourse against the car makers. Estimates indicate that 500-1000 serious injuries or wrongful deaths occur yearly due to cars with design or manufacturer defects. The rights to obtain justice following these injuries would be extinguished under the bankruptcy plans for GM or Chrysler.

To read more about the product liability victims affected by the bankruptcies.

Secrecy in litigation continues to be a concern in injury claims this week. A hearing was held on the Sunshine in Litigation Act of 2009 where a tire safety expert shared his experiences fighting efforts by a company to seal crucial product documents.

To read more about the secrecy issues.

Recently, Chicago personal injury attorney John J. Perconti of Levin & Perconti settled a workplace injury lawsuit for $600,000 on behalf of a heating and air conditioning foreman who was injured on a job site. The construction accident occurred in Chicago in February 2004 when the victim tripped on a piece of steel that was lying in a passageway of the construction site where he was working. When he fell, he suffered a serious personal injury to his back that required several surgeries. The lawsuit alleged, among other things, that the construction company failed to provide the victim with a safe place work, failed to warn the victim of the dangerous conditions, failed to provide adequate safeguards to prevent him from injury and failed to remove debris from the passageway. To read about other Chicago personal injury lawsuits settled by Levin & Perconti, follow the link.

Recent auto companies impending bankruptcies have raised concerns over whether product liability victims will be left in the cold if injured over faulty vehicles. The man in the video below from CNN.com tells his story about filing a product liability lawsuit against Chrysler for safety standards and how the bankruptcy may leave him in the cold.

During the Bush administration, many federal laws had “preemption” language written into regulations, meaning that the laws would be standard throughout the country, preempting any relevant state law. President Obama has directed his administration to abandon those policies. The result, according to a Las Vegas Sun article, is a victory for both states and for consumers.

To read more about the preemption directive.

A recent study reports that a persistent decline in the rate of Americans newly diagnosed with depression followed the first FDA warning on potential pharmaceutical side effects connected with antidepressant medications. The FDA first warned in 2003 about the risk of suicidal thoughts. That warning may have helped reverse a five-year trend of rising rates of diagnosis for depression.

To read more about the declining rates of depression.

Askew v. Sheriff of Cook County, Illinois, No. 07-2190 (5/18/09) is a Seventh Circuit decision that found that the district court erred in dismissing with prejudice under Rule 19 plaintiff-prisoner's section 1983 action alleging that defendants-prison official and Sheriff violated his constitutional rights by subjecting him to excessive force and by being deliberately indifferent to attacks made by other prisoners after finding that plaintiff's failure to included Cook County as indispensable party required dismissal of instant action. While Cook County was indispensable party, Dist. Ct. should have ordered its joinder as additional defendant under Rule 19(a)(2) and should have proceeded to merits of case. However, plaintiff waived issue with respect to joinder of Cook County by incorrectly conceding that Dist. Ct. properly dismissed his lawsuit against Sheriff in his official capacity, and thus plaintiff can only proceed against individual prison official upon remand of case back to Dist. Ct. This case will affect lawsuits in Chicago, Illinois.

Askew v. Sheriff of Cook County, Illinois, No. 07-2190 (5/18/09) is a Seventh Circuit decision that found that the district court erred in dismissing with prejudice under Rule 19 plaintiff-prisoner's section 1983 action alleging that defendants-prison official and Sheriff violated his constitutional rights by subjecting him to excessive force and by being deliberately indifferent to attacks made by other prisoners after finding that plaintiff's failure to included Cook County as indispensable party required dismissal of instant action. While Cook County was indispensable party, Dist. Ct. should have ordered its joinder as additional defendant under Rule 19(a)(2) and should have proceeded to merits of case. However, plaintiff waived issue with respect to joinder of Cook County by incorrectly conceding that Dist. Ct. properly dismissed his lawsuit against Sheriff in his official capacity, and thus plaintiff can only proceed against individual prison official upon remand of case back to Dist. Ct. This case will affect lawsuits in Chicago, Illinois.

Electronic cigarettes are unapproved by the FDA and virtually unstudied, but these facts have not stopped thousands of smokers from buying them. The FDA has refused dozens of shipments of e-cigarettes mostly from China, the chief maker of the product for fears of product liability. The tobacco regulation bill, now before Congress, would give the FDA the authority to regulate tobacco.

To read more about the e-cigarette demand.

A woman whose husband passed away due to tobacco liability has been awarded $30 million from a jury. The wrongful death verdict was awarded last week.

To read more about the jury award.

The family of asbestos wrongful death victim have filed an asbestos lawsuit alleging that their father was not warning adequately about working around asbestos. The wrongful death victim worked around asbestos for most of his life as a laborer and operator. Thirty three companies are named as defendants in the asbestos lawsuit.

To read more about the asbestos lawsuit.

An article recently highlighted the suffering of a patient who was prescribed Reglan for too long of a period of time. The patient now suffers product side effects from the Reglan, including twitches throughout her body and severe muscle pain. Further, the pharmaceutical side effects are interfering with her life, in that she experiences severe anxiety and panic attacks.

To read more about the patient’s Reglan side effects.

The Chicago personal injury law firm of Levin & Perconti is a bronze sponsor of the River North Association’s Business After Hours event on June 10. The networking event will take place from 5:30-7:00 at Carlisle Wide Plank Floors at 445 N. Wells in the River North neighborhood of Chicago. River North Association members and non-members may register for the event by emailing Dana Hallahan at dana@rivernorthassociation.com or by phone at 312-645-1047. The event is a great opportunity to network and complimentary food and beverages will be offered. To learn more about this networking event, follow the link.

Earlier this week, Governor Quinn signed into law Senate Bill 84, now Public Act 96-0012. This law is a victory for Chicago personal injury lawyers because it repeals the notice requirement in personal injury lawsuits against the CTA. Under the former statute, Illinois trial judges had to throw out transit injury lawsuits where plaintiffs or their attorneys made innocent mistakes on pre-suit notice.

To read more about the victory for injury attorneys.

To read the full text of Public Act 96-0012.

A football coach seriously injured in a drunken driving car accident in 2005 filed a personal injury lawsuit last month against the driver. The personal injury lawsuit seeks more than $50,000 in damages. The personal injury plaintiff suffered numerous internal injuries, including a collapsed lung, several broken ribs, and a lacerated spleen.

To read more about the car accident lawsuit.

The FDA plans to warn physicians about potential drug interactions between the breast-cancer drug tamoxifen and certain antidepressants. Product safety studies showed women on both drugs were more than twice as likely to see their cancer return.

To read more about the drug interactions.

Recent product safety reports indicate that a drug, citalopram, also known as Celexa, is no better than a placebo. The drug is often prescribed to help autistic children control their repetitive behaviors. Currently, about a third of all children diagnosed with autism in the U.S. take citalopram or similar drugs.

To read more about the product safety reports.

A personal injury lawsuit alleges that pilot negligence is to blame for a March 2008 airplane crash. The pilot flew his plane into a thunderstorm when it exploded in mid-air.

To read more about the airplane crash lawsuit.

A 61 year-old Chicago woman died from burn injuries sustained in a Chicago apartment fire this morning. There were no working smoke detectors in the home.

Unfortunately, the tragic truth is that many fire-related deaths could have been prevented with working smoke detectors. In November 2007, attorneys at Levin & Perconti settled an apartment fire lawsuit that stemmed from a fire that claimed the lives of six Chicago children. That apartment also lacked a working smoke detector.

To read more about the Chicago apartment fire.

Senate legislation authorizing the FDA to regulate tobacco will come to the Senate floor this week. The bill would give the FDA new product safety powers to regulate tobacco products. The tobacco regulation bill would create a new department within the FDA with the authority to regulate tobacco marketing and advertising, control the amount of nicotine in products and bar product claims such as “light” and “low-tar.”

To read more about the tobacco regulation litigation.

The New York Times recently reported that several women have filed product liability lawsuits against the maker of a vaginal sling called ObTape for complications. The product was used to assist with stress urinary incontinence, but the product liability plaintiffs have experienced complications.

To read more about the product liability litigation.