July 31, 2009

4 hurt in Chicago area railing collapse

Four people received personal injuries Monday night when a second-story apartment railing collapsed in a Chicago south suburb. The fall was about 10 to 15 feet. As opposed to the 2003 Chicago porch collapse where 50 people received personal injuries and 13 people died, this collapse involved concrete and metal construction.

To read more about the Chicago area railing collapse.

July 31, 2009

Congress weighs federal oversight of cemeteries following Burr Oak

The Chicago Tribune reports that following the testimony of victims of the Burr Oak cemetery scandal, congressional leaders left Chicago to push for legislation for federal oversight of the cemetery industry. The hearing was held to document the horrors of families whose loved ones may be among those hundreds discovered at the Chicagoland cemetery in an alleged scheme for money.

To read more about the potential federal cemetery oversight.

July 30, 2009

Chicago warehouse employee dies from workplace accident

A Chicago warehouse employee died Monday morning after being injured in a workplace accident. While at a Chicago warehouse, the workplace injury victim was hit by slabs of stone. The man suffered blunt trauma and multiple fractures from being hit with marble slabs at a marble warehouse.

To read more about the Chicago workplace accident victim.

July 30, 2009

Woman killed in steel accident

A Merillville woman was killed in a workplace accident over the weekend at an Indiana Harbor East plant in East Chicago. The accident wrongful death victim sustained blunt force trauma as a result of an accidental death.

To read more about the wrongful death steel accident.

July 29, 2009

$70,000 jury award in corrections workers comp case

A jury awarded $70,000 to a corrections officer for economic and emotional damages stemming from violations of workers compensation laws. The workers compensation victim had suffered a knee injury while on the job, requiring surgery.

To read more about the $70,000 workers comp jury award.

July 29, 2009

Injury lawsuit filed against Costco

A product demonstrator at Costco suffered personal injuries when a store employee rolled a flatbed over her ankle. The injury victim has filed a personal injury lawsuit against Costco. The personal injury plaintiff alleges that the incident caused personal injuries to her right shoulder and left ankle that required surgery.

To read more about the Costco injury lawsuit.

July 28, 2009

Pfizer goes to trial on first suicide claim

The world’s biggest drugmaker will enter the courtroom this week on product liability claims that its epilepsy medication Neurontin raises the risk of suicide. The plaintiff attorneys claim that they are about 1200 other product liability lawsuits.

To read more about the Pfizer product liability lawsuit.

July 28, 2009

Doctor tells House panel about rising medical bankruptcies

A doctor who co-authored the first nationwide study on the medical causes of bankruptcy will testify today at 11am before a House subcommittee. The doctor will testify on the alarming rise in the share of all bankruptcies caused by medical illness and medical bills. Nearly two-thirds of all personal bankruptcies in 2007 were linked to medical bills or illness.

To watch the webcast on the medical bankruptcies.

July 27, 2009

Family awarded $3.4 million for mesothelioma wrongful death

Relatives of a California man who wrongfully died from mesothelioma lung cancer after exposure to asbestos has been awarded $3.4 million in wrongful death damages. The wrongful death lawsuit accused the defendant mining company of negligence, products liability design defect, and products liability failure to warn.

To read more about the mesothelioma jury award.

July 27, 2009

Should software companies be subject to product liability lawsuits?

A recent Newsweek online article looked into the possibility that software companies may soon be subject to product liability lawsuits for flaws in their programs that allow hackers in. A likely defendant in a lawsuit like this would be Microsoft, simply because its software is everywhere. Software makers have traditionally argued that software is not a “product” subject to product liability laws. Experts now expect more significant litigation is on the horizon.

To read more about software product liability lawsuits.

July 26, 2009

Jury returns $1.25 million verdict to sulfuric acid spill victims

A personal injury defendant was ordered by a jury to pay damages of more than $1.25 million to six people personally injured from a sulfuric acid spill. The defendant has been found liable for personal injuries such as skin burns, eye irritations, and respiratory and eye problems sustained. The toxic tort leak occurred in 2004, stemming from a cracked pipe at a chemical plant.

To read more about the $1.25 million verdict.

July 26, 2009

BioSensory mosquito monitor recall

A product recall has been issued for approximately 70 units of Mosquito Trans and 1500 units of Bed Bug monitors. The voluntary product recall was issued after the company discovered the two products are cut and burn hazards. The CPSC announced the product recall on July 7.

To read more about the mosquito monitor recall.

July 25, 2009

Fan distributor pays $587,000 penalty

A distributor of fans has agreed to pay more than $500,000 to settle a complaint that it was slow in reporting a product defect and fire hazard. The settlement is part of a settlement reached with the Consumer Product Safety Commission and resolves allegations that the company knowingly failed to report to the CPSC that the fan posed a risk of fire.

To read more about the manufacturer’s settlement.

July 25, 2009

Company recalls cilantro because of salmonella discovery

A company is recalling 104 crates of cilantro over product liability concerns. Recent FDA testing found the presence of salmonella in cilantro, but no personal injuries have been reported.

To read more about the cilantro recall.

July 24, 2009

Teva recalls thousands of vials of anesthetic propofol

Teva Pharmaceutical has issued a product recall for certain lots of its powerful anesthetic propofol because elevated levels of toxins were found in the lots. More than forty patients experienced personal injuries such as post-operation fever, chills, and flu-like symptoms which stopped when the patients stopped taking the propofol.

To read more about the propofol recall.

July 24, 2009

FDA issues recall of weight loss drugs

The FDA along with a weight-loss and skin-care company have recalled hundreds of weight-loss pills after they were found to contain ingredients not listed on the products’ labels. No illnesses or personal injuries have been reported to date.

To read more about the weight loss drug recall.

July 23, 2009

Settlement reached over 2004 mercury spill

Residents who filed a personal injury lawsuits alleging that they were exposed to mercury and sickened when a building was vandalized in 2004 have reached a settlement. The settlement finalized last week involves an undisclosed sum of money and resolves a 2006 personal injury lawsuit.

To read more about the mercury spill settlement.

July 23, 2009

$675,000 verdict reached in Cook County trip and fall case

A Chicago personal injury law firm obtained a substantial verdict last week in a trip and fall lawsuit that occurred near a coin operated merry-go-round at a mall. The rubber edging of the platform caused the personal injury plaintiff to fall due to negligent design, maintenance, or construction. The case was tried in the Cook County Circuit Court.

July 22, 2009

Lawsuits target Zicam maker

Some personal injury law firms have begun filing product liability lawsuits against the maker of Zicam Cold Remedy nasal gel. Last month, the maker of Zicam recalled the product after the FDA issued a Zicam warning that some users were experiencing a severe side effect – they were losing their sense of smell.

To read more about the recent Zicam lawsuits.

July 22, 2009

Consumers in desperate need of arbitration fairness

The American Association for Justice recently highlighted why the NAF settlement underscores the need for Congress to pass Arbitration Fairness Act. The NAF was a large victory for consumers; however, NAF is not the only company that limits product liability victims’ rights and forces them into arbitration. When arbitration is forced on consumers in a pre-dispute, non-negotiable contract, arbitration becomes less helpful and more dangerous.

To read more about the need for arbitration fairness.

July 21, 2009

Comptroller freezes trust funds of Burr Oak owner

The Illinois comptroller has frozen the trust funds of the owner of Burr Oak cemetery, the Illinois cemetery where workers are accused of digging hundreds of bodies in a scheme to resell burial plots. As Levin & Perconti recently blogged about, this ongoing horrific cemetery scandal has been the subject of numerous lawsuits already.

To read more about the Illinois comptroller’s recent actions.

July 21, 2009

Exposure to Hepatitis C could ignite personal injury lawsuits

A hospital recently exposed 6,000 patients to Hepatitis C may be facing personal injury lawsuits. The patients were injected with what they thought was the painkiller Fentanyl. However, a surgical technician had substituted the drug with saline after injected herself because of a drug dependency. The technician had Hepatitis C, which infected patients. All of the infected patients may have a medical malpractice lawsuit or personal injury lawsuit.

To read more about the Hepatitis C exposure.

July 20, 2009

Walmart snakebite victim ponders lawsuit

A man who was bitten by a rattlesnake in a Walmart store has recently been released from the hospital. Now, the personal injury victim is weighing whether to file a personal injury lawsuit against the Walmart company. He was sent home with pain medications and instructions on how to care for his snakebite wound.

To read more about the snakebite victim.

July 20, 2009

Chicago car crash results in one wrongful death

One thirty-five year old man is dead after a Chicago car crash Sunday morning. Three other people were transported with serious personal injuries to Chicago-area hospitals. The car crash involved five vehicles, but one of the vehicles left the scene of the Chicago car accident.

To read more about the deadly Chicago car crash.

July 19, 2009

Acetaminophen drops recalled

The FDA announced that Brookstone Pharmaceuticals has issued a product recall for its Concentrated Acetaminophen Drops to avoid patients from accidentally overdosing on the products. Currently, as Levin & Perconti recently blogged about, acetaminophen is under scrutiny by the FDA because high doses of the medicine are the leading cause of liver damage.

To read more about the acetaminophen drop recall.


July 19, 2009

Safety concerns over diabetes drug rejected

International medical experts publicly rejected product safety concerns over a pharmaceutical group’s diabetes drug Lantus. The researchers called for more detailed analysis sparked by product safety issues raised in four studies published last month.

To read more about the rejected safety concerns.

July 18, 2009

Defendant challenges gas leak award

Defendant Exxon is challenging a multi-million dollar jury product liability award. The jury awarded $500,000 per adult and $50,000 per child in non-economic damages in most product liability cases. The lead counsel for Exxon argues that the awards were not based on the facts in the case.

To read more about the challenges to the product liability award.

July 18, 2009

Amazon sued over cracked Kindles

Civil lawsuits have been filed against Amazon by a user of its Kindle 2 electronic book reader. The product liability lawsuit claims that the device has cracked and its screen froze only a few short months after purchase.

To read more about the Kindle cracks lawsuit.

July 18, 2009

Final vehicular homicide lawsuit reaches settlement

The final outstanding car accident lawsuit against a man who caused the wrongful death of a teen and the personal injuries of three others in 2006 has reached a settlement and dismissal. The car accident resulted in the wrongful death of a 17 year-old and the personal injuries of two others.

To read more about the vehicular homicide lawsuit.

July 17, 2009

End of the road for many GM and Chrysler lawsuits

In a move that is tragic for product liability clients, product liability plaintiffs with pending injury claims now have little chance of collecting now that GM and Chrysler have completed bankruptcy proceedings. The new General Motors and Chrysler will both be liable for damages caused by cars manufactured after bankruptcy. Neither company will be liable for damages from accidents that took place before their bankruptcy filings.

To read more about the GM and Chrysler liability.

July 17, 2009

Bicycle accident wrongful death lawsuit settles for $2.3 million

The family of a bicyclist killed is receiving a $2.3 million wrongful death lawsuit settlement. The bicyclist suffered fatal injuries in March 2008 when a city police car crossed the centerline of the road and struck the bicyclist. The driver of the vehicle was sentenced to four months in jail and 800 hours of community service in exchange for his plea of guilty to vehicular manslaughter.

To read more about the bicycle wrongful death settlement.

July 17, 2009

Chicago law firms sue over Burr Oak cemetery scandal

At least six Chicago law firms are filing lawsuits against Burr Oak Cemetery in Illinois, demanding compensatory damages. The Chicago injury lawsuits also seek a temporary restraining order to allow the families into the graveyard suite.

To read more about the Chicago lawsuits.

July 16, 2009

Pharmaceutical company sued over birth control pills

A pharmaceutical company that manufacturers birth control pills has been hit with four individual product safety lawsuits. The product safety lawsuits come after the manufacturer reached an agreement with the FDA in 2008 to run a multi-million corrective ad campaign for overstating the benefits of Yaz and downplaying its risks.

To read more about the product safety lawsuits.

July 16, 2009

Company admits drywall problem and faces lawsuits

The Associated Press has reported that Lennar Corp., a homebuilder company, has identified defective drywall in hundreds of homes. It is named in at least 41 product safety lawsuits and has filed suit against the entire supply chain. The CPSC has also been allocated additional funds to investigate the drywall problems.

To read more about the drywall problem.

July 16, 2009

Instant oatmeal linked to tainted milk products recall

Instant oatmeal has been recalled – the latest product in the latest in a string of nationwide product recalls. The product recalls are linked to salmonella-tainted ingredients distributed by Milk Products Cooperative of Minnesota. Other recalls include hot chocolate mix and some popcorn toppings.

To read more about the instant oatmeal recall.

July 15, 2009

Generic version of Diprivan recalled

A couple lots of Diprivan’s generic version have been recalled by the drugmaker. The CDC stated that two lots of the generic version have tested positive for containment. Forty patients reported personal injuries such as high fevers and muscle aches after consuming Diprivan’s generic version. The FDA disputes any relation between Michael Jackson’s death and the generic Diprivan product recall.

To read more about the Diprivan generics recall.

July 15, 2009

CPSC outlines Chinese drywall investigation to Congress

Among increased concern about the Chinese drywall liability, the Consumer Product Safety Commission sent a letter to some members of Congress, outlining its process for investigating the drywall product liability.

To read a timeline of key events in the Chinese drywall crisis.

July 15, 2009

Avon product liability lawsuit seeks $200,000 in damages

An Illinois product liability lawsuit against Avon seeks damages in excess of $200,000 plus attorneys’ fees. The product liability lawsuit alleges that an Avon shower gel caused irritation, itching, sinus infection, urinary tract infection and rectal bleeding in addition to other maladies.

To read more about the Illinois product liability lawsuit.

July 14, 2009

Town buried in ash still suffering injuries

More than six months after a town was buried in coal ash spilled from a power plant. The spill released potentially cancer-causing chemicals and radioactive materials, according to CNN.com. Some residents have reported new personal injuries since the chemical disaster. Reports from the EPA, however, have said that the general environment is now safe.

To read more about the ash spill.

July 14, 2009

Burr Oak cemetery declared crime scene

The Illinois Burr Oak Cemetery was closed over the weekend and declared a crime scene by police. A recent MSNBC.com article delved into an Illinois mother’s story whose child may have been moved from her burial site. At least ten families have said that they could not find headstones for their children in the section at Burr Oak cemetery known as “Babyland.” Concerned family members can call 800-942-1950 or e-mail burroakcemeteryinvestigation@gmail.com.

To read more about the Burr Oak cemetery crime scene.

July 14, 2009

Case Law Update: Evidence in Slip and Fall Case

Mister v. Northeast Illinois Commuter Railroad Corp., No. 08-2234 (7/9/09) found that in an action seeking recovery under Federal Employers Liability Act for injuries sustained by plaintiff-railroad worker when he slipped while going to car in employer parking lot, Dist. Ct. did not err in excluding report of defendant's safety officer indicating that others told him that similar accident occurred at location where plaintiff incurred his injuries. While Dist. Ct. improperly found that said statement did not potentially qualify for admission as admission by party opponent under Rule 801(d)(2)(D), said evidence was properly excluded under Rule 403 where said report contained several layers of hearsay, and where author of report had no personal knowledge as to location of either plaintiff's or third-party's injuries. This seventh circuit case will have a great impact on slip and fall cases.

July 13, 2009

Illinois fire marshal issues smoke detector warning

The attorneys at Levin & Perconti have continued to stress the importance of ensuring that homes have working smoke detectors and wanted to share the Illinois Fire Marshal’s instructions with our readers. The Illinois Fire Marshal is asking people to check to see if they are using a recalled smoke detector. While you are looking to see what type of smoke detector you have in your home, please also check to see if its working!

To read more about the Illinois fire marshal warning.

July 13, 2009

Playpen recall raises child safety concerns

The Consumer Product Safety Commission is expected to recall one million play yards, a children’s toy. This product recall raises questions over the safety of products perceived as safe for unattended children. This product recall would follow hundreds of complaints of collapsing sides and reports of 21 injured children.

To read more about the potential child safety recall.

July 13, 2009

How to report a dangerous product

With all of the recently blogged recalled products, Levin & Perconti wanted to make you aware of how you can report an unsafe product to the government if you receive personal injuries.

The Consumer Products Safety Commission has an online form to report dangerous products here.

July 12, 2009

Dual sensor smoke alarm recalled

The Consumer Product Safety Commission has announced the recall of roughly 94,000 smoke alarms. The alarms being recalled are Kidde Model PI2000 Dual Sensor Smoke Alarms. An electrostatic discharge can damage the unit, causing it not to warn consumers of a fire.

To read more about the smoke alarm recall.

July 12, 2009

Case Law Update: Mailbox Rule in Service of Process

Knapp v. Bulun found that the "Mailbox rule" does not extend to mailing of motion to convert respondents in discovery to defendants, because converting respondents requires filing amended complaint and is thus akin to filing new action. Handing amended complaint to judge is not considered "filing", as document must pass into exclusive custody and control of circuit court to be considered filed. For timely conversion of respondent to defendant, respondent in discovery must be served with summons and complaint within six months of filing of complaint; and motion to convert respondents to defendants must be filed within six months of having named respondent s in discovery. This case will have a great impact on all personal injury lawsuits.

July 12, 2009

FDA and USDA announce broad food safety initiatives

The Obama administration has ordered new action to improve the nation’s food supply and reduce outbreaks of salmonella and E. coli. The rules call for better coordination between agencies, such as the FDA and USDA. The rules aim at reducing salmonella infections from raw or undercooked eggs by 60%.

To read more about the food safety initiative.

July 12, 2009

Chinese drywall concerns focus on radioactive substance

The latest product liability concerns regarding the tainted Chinese drywall focus on radioactive substances that could have been included in the product. A radioactive byproduct is commonly used in Chinese-made drywall, but is banned in the U.S. However, no preliminary tests have found it in any problem drywall.

To read more about the Chinese tainted drywall.

July 11, 2009

Personal injury lawsuit filed after boy falls ill from beef

A boy who became ill after eating sirloin has filed a personal injury lawsuit seeking damages against the beef company. The boy developed hemolytic uremic syndrome, a type of kidney failure, after eating shish kabobs made from the meat.

To read more about the personal injury lawsuit.

July 11, 2009

Six lawsuits filed against Burr Oak cemetery

Six civil lawsuits were filed Friday by roughly a dozen families injured by the outrageous actions that have been uncovered at Chicago-area Burr Oak cemetery. The lawsuits name Perpetua and the four criminally-charged employees as defendants and seek damages for the extremely outrageous conduct. According to the Chicago Tribune, Cook County Sheriff Tom Dart has said that investigators have not been able to find markers for a “Baby Land” section where infants had been buried. To read more about the Burr Oak lawsuits.

In order to help people locate their loved ones, the Cook County Sheriff’s Office has created a hotline and email address to field inquiries. Contact the Cook County Sheriff’s Office locally at (708) 865-6070. To call toll-free, dial (800) 942-1950. Or send an email to BurrOakCemeteryInvestigation@gmail.com.

July 11, 2009

Some asking for warning labels on used Chryslers

Like the GM product liability victims being ignored, Chrysler product liability victims were similarly ignored when the bankruptcy court absolved Chrysler of liability for accidents that involve its products sold prior to bankruptcy. Consumer groups are requesting that used Chrysler products carry a warning label that they are not eligible for such product liability claims to safeguard victims’ rights.

To read more about the warning label request.

July 10, 2009

Instant milk product recalled

The FDA issued a product recall for instant milk product. Traditions Meal Solutions, the maker of the milk product, has also participated in the recall of an indefinite number of prepackaged meals in boxes. Consumption can cause serious or adverse health injuries.

To read more about the instant milk product recall.

July 10, 2009

FDA requiring painkiller makers to add warning box

The FDA is going to require painkillers containing propoxyphene, the ingredient used in Darvon and Darvocet, to add a warning box to the label warning potential users of the potential for product liability overdose. In 2006, Public Citizen petitioned the FDA to ban all products containing propoxyphene. The FDA has denied that petition, stating that the benefits of the product in proper dosages outweigh the product risks.

To read more about the painkiller warning.

July 10, 2009

First Lawsuits Filed in Burr Oak Cemetery Tragedy

Cook County lawyers are prepared to file the first lawsuits today against Burr Oak Cemetery near Chicago as the number of tragic accounts of loved ones displaced from their final resting place continues to mount. According to ABC News, the relatives of five deceased people buried at Burr Oak are filing the initial complaint. Earlier this week it was revealed that for four years, Burr Oak employees were exhuming the bodies of people buried at the cemetery and reselling their plots and pocketing the money. Many bodies were dumped into a mass grave on cemetery property. The horrific acts of these individuals have left hundreds of family members in the Chicago area distraught because they are unsure of where their loved ones now lie. Burr Oak Cemetery is historically significant because at one time it was the only cemetery in the Chicago area that allowed African Americans to be buried there. To read more about the lawsuits filed against Burr Oak Cemetery, click on the link.

The Cook County Sheriff's Office has set up a hotline and call-center for people to call if they have a family member buried at Burr Oak. They ask people to call (800) 942-1950, or (708) 865-6070, or send an inquiry to BurrOakCemeteryInvestigation@gmail.com.

July 10, 2009

Tips to prevent drowning

As Levin & Perconti has recently blogged, the joy of summer often brings Illinois families to the pool where a hidden risk of drowning remains. The Consumer Product Safety Commission has released a list of tips to prevent pool drowning, such as: having layers of protection fencing or gating the pool; beware of suction drains that can act as entrapments; and never leave a child by the pool unattended.

To read more about the CPSC tips to prevent drowning.

July 9, 2009

Illinois Attorney General issues warning about defective women’s robes

The Illinois Attorney General recently alerted Illinois citizens about the dangers of a full length chenille robe, known to be flammable and known to have caused the wrongful deaths of six individuals nationwide. Five of the six victims were wearing the robes and cooking when the robes caught fire. The Attorney General urges Illinois citizens to make sure they do not have this dangerous product.

To read more about the dangerous robes.

July 9, 2009

Statistics on trampoline injuries

With the recent Illinois trampoline injury, the Daily Herald ran the statistics of the 104,752 trampoline injuries from last year. 88% of the injured victims were under the age of 18. Almost 11% of the injuries sustained were head injuries.

To read more of the trampoline injury statistics.

July 9, 2009

Illinois Attorney General issues product recall for 4 million baby floats

In the midst of summer pool days, the Illinois Attorney General has issued a good reminder that we must be vigilant in supervising minors in pools. There has been an Illinois product recall for 4 million Aqua-Leisure inflatable baby floats after Illinois consumers reported at least 31 incidents of the float seat tearing, causing infants to fall into the water.

To read more about the Illinois product recall.

July 8, 2009

The product dangers of trampolines

Personal injuries from trampolines can be extremely severe, as one Illinois family learned this year. An Illinois family experienced a nightmare over Memorial Day when their 8 year-old accidentally fell through the unzipped netting on the backyard trampoline. When they arrived at the ER, they learned it was the second Illinois trampoline injury of the night.

To read more about the Illinois trampoline injury.

July 8, 2009

GM bankruptcy leaves pending victims behind

This weekend, a bankruptcy judge approved the sale of GM. This decision leaves those currently having been personally injured by defective vehicles behind. Those injured by a defective vehicle from the date of sale forward can still pursue a product liability claim, but all pending cases are wiped out by the bankruptcy agreement.

Continue reading "GM bankruptcy leaves pending victims behind" »

July 8, 2009

Bed maker recalls 2700 mattresses for fire hazard

A mattress manufacturer recently issued a product recall for beds at high risk for fires. The U.S. Consumer Product Safety Commission has recalled approximately 2700 units of mattress sets, including mattresses and mattresses with foundations. The product recall was announced after discovering the products pose a fire hazard.

To read more about the bed maker product recall.

July 7, 2009

MySpace not liable for offline assaults

According to a recent court product liability ruling, social-networking sites cannot be held liable in a sexual assault on a minor that stemmed from a meeting online. The plaintiffs claimed negligence and product liability in their lawsuit, alleging that MySpace failed to put in place age verification software or to keep profiles on a private setting.

To read more about the liability ruling.

July 7, 2009

Your swimming pool filter could be dangerous

With summer in full force, many Chicago residents are spending time in their pools to cool off. However, practice safety when swimming and enjoying the summer pools! Recently, Levin & Perconti blogged about how most the country’s pools are not in compliance with current safety standards. Now, more incidents of product liability have arisen regarding pool filter explosions. The pool filter system has to be cleaned about twice a month, re-pressurizing gets tricky, though. If there is too much air, explosion can occur and the lid can blow up.

To read more about the swimming pool filter dangers.

July 7, 2009

Product liability lawsuit alleges toxic plane air caused illness

A products liability lawsuit filed by a veteran flight attendant states that she has been suffering personal injuries, such as balance and vision problems, arm tremors, and prickly sensations. Her liability lawsuit alleges that her illness stems from a flight that had a misty haze type of smoke on board the aircraft. The lawsuit alleges that the plane had a design flaw in inadequate filters and sensors.

To read more about the toxic air lawsuit.

July 6, 2009

Zicam manufacturer expects additional product liability lawsuit

Matrixx, the maker of Zicam, expects more product liability lawsuits following the FDA www.fda.gov warning. The company expects this following the FDA’s Zicam caution about the potential of permanent loss of smell from using Zicam cold and allergy products. The company said that additional product liability lawsuits involving plaintiffs making allegations from its nasal-gel products have already been filed.

To read more about the Zicam product liability lawsuits.

July 6, 2009

Restaurant patron files salmonella personal injury lawsuit

A personal injury lawsuit filed against a restaurant alleges that the plaintiff got sick with salmonella for about eight days after eating an entrée. The personal injury plaintiff is asking the court for $25,000 in personal injury damages.

To read more about the salmonella personal injury lawsuit.

July 5, 2009

Two dozen injured in Merrillville bridge collapse

Nearly twenty-five people went to area hospitals with personal injuries following a fireworks show on Saturday night in Merrillville, Indiana. The bridge collapsed following a structural failure of the footbridge. Luckily, there were no fatalities reported. As many as 150 people may have been on the bridge designed only to hold 40 people.

To read more about the Merrillville bridge collapse.

July 5, 2009

Three dead following fireworks explosion

A third wrongful death has been reported following a fireworks truck explosion. One worker died at the scene, and a second worker died about six hours after the blast.

To read more about the fireworks explosion.

July 5, 2009

Monorail crash kills driver at Disney

Two monorail trains at Disney World collided today, killing one of the drivers. The train collision occurred at about 2:00 a.m. A second employee was taken to a hospital to be checked, but none of the other seven on the trains received personal injuries.

To read more about the monorail crash.

July 4, 2009

Chinese experts indicate drywall problems may be caused by synthetic gypsum

Some Chinese experts in building materials say that the odors, personal injuries, and corrosions blamed on the Chinese drywall may actually be caused by failure to remove sulfur and contaminants from synthetic gypsum. They add that the problems are not widespread in Chinese drywall.

To read more about the drywall problems.

July 4, 2009

Industrial accident victim wins $16.25M settlement

An ex-Marine who lost both legs in a gruesome industrial accident has obtained a $16M personal injury settlement. The firm that owns the landfill where the injury occurred and Caterpillar, Inc., the maker of the bulldozer that crushed his legs, agreed to pay the personal injury plaintiff the large settlement mid-trial.

To read more about the personal injury settlement.

July 4, 2009

This Independence Day: another concern about fireworks

The EPA is worried about fireworks, according to a recent National Geographic article. This time, the concerns are not about the potential personal injuries from the fireworks themselves, such as burn injuries. This time, it’s the toxic chemical that provides the oxygen needed to burn the fuel – perchlorate. The fear is that it can seep into drinking water and hinder thyroid production.

The attorneys at Levin & Perconti wish you and yours a safe and happy Independence Day!

To read more about the EPA fireworks concern.

July 3, 2009

FDA recommends smaller acetaminophen doses and painkiller bans

An FDA panel recommended that prescription Vicodin and Percocet be banned and that over-the-counter acetaminophen drugs contain stronger warning labels. The FDA has found product side effects in that acetaminophen can cause liver damage.

To read more about the FDA recommendations.

July 3, 2009

Taser company to soon unveil new Taser X3

Taser International Inc.’s newest law enforcement stun gun is about to be unveiled, but the company is keeping quiet about the technology specifics. The company has been the subject of numerous product liability and wrongful death lawsuits over the use of its stun guns.

To read more about the new stun gun.

July 3, 2009

Illinois recall alert: Kroger recalls ground beef

Kroger has recalled ground beef sold in some of its grocery store because of possible E.coli contamination. Illinois stores where ground beef may be recalled include Food 4 Less and Fry’s. The attorneys at Levin & Perconti want you to be careful and look at warnings when you are grocery shopping, especially over the holiday weekend!

To read more about the Illinois beef recall.

July 2, 2009

Drug giant disputes studies linking drug to increased cancer risk

Some recent studies have suggested a product liability link between the diabetes treatment Lantus and cancer. Some medical experts have cautioned that the studies are inconclusive.

To read more about the drug’s possible link to cancer.

July 2, 2009

Push for Singulair to receive black box warning

The FDA recently warned the makers of Singulair and three other asthma drugs that the labels must include a dozen mood and behavior changes as possible product side effects. Users of the drugs have experienced severe behavioral product side effects and now there is a push for the drugs to contain a more severe warning.

To read more about the black box warning push.

July 2, 2009

FDA discusses acetaminophen OD protection

The FDA yesterday was considering calling some acetaminophen products off the shelves due to product liability concerns. Makers of drugs you may take daily such as Tyenol and Excedrin tried to dissuade regulators from placing new restrictions on the painkillers. Acetaminophen remains the leading cause of liver failure in the U.S.

To read more about the acetaminophen side effects.

July 1, 2009

Biogen releases information on brain injury side effects

Biogen recently released information on a multiple-sclerosis patient who had bad product side effects after taking Tysabri. The patient developed a debilitating brain infection, which was the 13th such infection in a Tysabri patient.

To read more about the brain injury side effects.

July 1, 2009

FDA will not shield tobacco firms from tort liability

Recently, President Obama signed the FDA tobacco regulation bill into law. The law allows the FDA to require specifications on warning labels and advertising. Additionally, the law specifically states that no provision of the Act modifies or otherwise affects any action or liability under the product liability law of any state.

To read more about the tobacco regulation law.

July 1, 2009

Chinese regulators come to U.S. to investigate drywall problem

Chinese regulators have sent representatives to the U.S. to investigate the tainted Chinese drywall product liability that has hit homes. Two Chinese experts met with CPSC to observe conditions in homes affected by the tainted drywall.

To read more about the drywall problem.