August 31, 2009

Illinois sues power generator over emissions

The Chicago Tribune recently reported that the Justice Department and the State of Illinois has filed an injury lawsuit against a company in Illinois that runs six coal-fired power plants. The safety lawsuit claims violations of the federal air pollution law. Emissions from the plants can cause health problems including heart attacks, breathing difficulties, and premature deaths.

To read more about the Illinois lawsuit against the power generator.

August 31, 2009

Jury awards $4.4 million to a family in fatal traffic accident

A jury has awarded nearly $4.4 million to the widow and children of a man who suffered fatal injuries in 2006 when he tried to swerve around backed-up traffic and hit other vehicles. The wrongful death lawsuit alleges that the state failed to post proper signage warning motorists about traffic delays.

To read more about the $4.4 million wrongful death jury award.

August 30, 2009

Toys “R” Us launches used baby-product exchange program

In an attempt to remove dangerous products from the market, Toys “R” Us is launching an exchange program. Consumers can bring used baby products such as cribs and car seats in exchange for 20% discount coupons on new products. The company is hoping that this move will keep potentially dangerous children’s products from being resold.

To read more about the baby product exchange program.

August 29, 2009

Maytag recalls refrigerators because of fire hazard

Maytag has issued a product recall for roughly 46,000 refrigerators under the Maytag, Magic Chef, Performa and Crosley brand names, due to a potential fire hazard. About 1.6 million similar refrigerators were recalled in March. Maytag has reported receiving 23 more reports of refrigerators catching fire.

To read more about the refrigerator product recall.

August 28, 2009

Vehicle safety tests to become more rigorous

Beginning with 2010 vehicle models, the Insurance Institute for Highway Safety will require that vehicles will meet higher standards for roof strength in order to receive it top safety pick rating. Further, beginning with 2011 models, the National Highway Traffic Safety Administration will make crash tests more rigorous. These tests will hopefully make vehicles safer.

To read more about the vehicle safety tests.

August 27, 2009

Jury awards punitive damages to smoker’s daughter

$13.8 million has been awarded to a smoker’s daughter. The tobacco liability lawsuit was filed against Philip Morris in April 2001 on the grounds of fraud and product liability.

To read more about the tobacco liability award.

August 26, 2009

$2 million dental malpractice jury verdict

A patient has recovered a $2 million jury verdict award against the dental clinic that accidentally pulled 13 additional teeth. The jury ruled against the dental clinic in a dental malpractice lawsuit. In the lawsuit, the plaintiff asserted that she suffered personal injuries in that dentists pulled all 16 of the patient’s top teeth.

To read more about the $2 million verdict.

August 26, 2009

Supermarkets sued after managers strip searched customers

A man has filed a lawsuit against a supermarket chain this week. The personal injury lawsuit states that the man was wrongfully accused of shoplifting and was asked to take off his clothes for a strip search by store managers.

To read more about the supermarket lawsuit.

August 25, 2009

Construction accident lawsuit alleges injuries from unsafe work site

A man has filed a personal injury lawsuit against several companies. The personal injury lawsuit alleges that the companies were responsible for a construction site accident, where a sheetrock fell on the plaintiff and caused a severe personal injury to the plaintiff’s leg. The plaintiff’s medical bills exceed $100,000.

To read more about the construction accident lawsuit.

August 25, 2009

Chinese drywall imported to islands

Potentially defective Chinese drywall was imported to several islands. The Consumer Products Safety Commission stated that more than 20,000 sheets of Chinese-made drywall made their way on to those islands in 2006. So far, consumers in 24 states have filed a total of 877 Chinese drywall complaints.

To read more about the Chinese drywall.

August 24, 2009

Truck accident lawsuit results in $1 million verdict

A woman injured in a truck accident received a jury award of over $1 million last week for personal injuries. The personal injury victim suffered a severe leg fracture that required two surgeries. The truck accident lawsuit alleged that the collision occurred when a gas tanker ran a red light and collided with her vehicle.

To read more about the truck accident lawsuit.

August 24, 2009

Defective infant bassinets recalled

The U.S. Consumer Product Safety Commission renewed a product recall on defective infant bassinets. The announcement outlined the defects and recall. If you think you may have one of the recalled bassinets, please check the announcement immediately.

To read more about the defective bassinet recall.

August 23, 2009

Spinal cement injury subject of product liability lawsuit

A product liability lawsuit has been filed against the maker of a brand of spinal cement. The lawsuit alleges that the product leaked into the plaintiff’s pulmonary arteries and causing him to suffer respiratory problems following surgery.

To read more about the spinal cement injury lawsuit.

August 23, 2009

Lilly to pay $22.5 million to settle Zyprexa lawsuit

A drug maker Eli Lilly & Co. has agreed to pay over $22.5 million to settle a product liability lawsuit in which an attorney general accused the drug maker of improperly promoting the antipsychotic Zyprexa. In recent years, the company agreed to pay $2.6 billion to settle personal injury lawsuits and government investigations.

To read more about the Zyprexa settlement.

August 22, 2009

Chicago wrongful death lawsuit filed against the Chicago Cubs

A Chicago wrongful death lawsuit has been filed against the Chicago Cubs. The lawsuit alleges that the death of 21 year-old resident was caused when a dilapidated building on the Cubs property collapsed. The wrongful death lawsuit was filed in Cook County Circuit Court and seeks in excess of $50,000 in damages.

To read more about the Chicago wrongful death lawsuit.

August 22, 2009

Chicago injury lawsuit alleges medication from school caused death

A Chicago injury lawsuit has been filed against a Chicago high school for a death this year. The wrongful death lawsuit alleges that the medication provided by the school-based health clinic caused the death. The lawsuit names the Chicago Public Schools and Advocate Illinois Masonic Medical Center, who operates the high school clinic, as defendants.

To read more about the Chicago wrongful death lawsuit.

August 21, 2009

Airplane air may not be safe

According to a recent MSNBC article, numbers of air travelers have complained of experiencing tremors, crippling headaches, and other neurological problems after breathing strong fumes in flight. Numerous studies now blame the personal injuries from the airplanes on a “bleed air system” which is used on almost all commercial jets. The plane’s engines suck in fresh air from outside and circulate it. But, if there are oil leaks in the engine, the system can actually pump toxic fumes through the cabin.

To read more about the safety of airplane air.

August 21, 2009

Elderly plaintiff receives $550K Illinois personal injury settlement

An elderly Cook County plaintiff suffered a fractured hip when she was struck by a moving company employee. The plaintiff was moving into a retirement home when the incident occurred. The Illinois personal injury lawsuit recently reached the settlement.

To read more about the elderly personal injury settlement.

August 20, 2009

Case Law Update: Pre-Trial Procedure in Voluntary Dismissal

Eskridge v. Cook County, No. 08-2980 (8/17/09) found that the district court did not err in denying plaintiffs' Rule 60(b) motion to reconsider prior order denying plaintiff's request seeking relief from prior voluntary dismissal order that had been obtained on plaintiffs' motion even though plaintiffs argued that they did not intend for voluntary dismissal to result in precluding them from subsequently proceeding against defendant in state court. Record showed that plaintiffs were precluded from proceeding in state court where plaintiffs' lawsuit against defendant had been voluntarily dismissed for second time, and Dist. Ct. could properly find that plaintiffs were not entitled to relief under Rule 60(b)(1) since instant procedural error did not qualify as either inadvertent mistake or excusable neglect where plaintiffs were instrumental in procuring voluntary dismissal. Moreover, reinstatement of lawsuit under Rule 60(b) would only shift burden of plaintiffs' error to Dist. Ct. and defendant. This seventh circuit case will greatly impact all Illinois cases.

August 20, 2009

Cook County slip and fall lawsuit settled for $325,000

A Cook County personal injury plaintiff received a $325,000 settlement for a slip and fall accident at a theater. The slip and fall victim suffered tendon ruptures while walking on steep and uneven steps that lacked anti-slip tape or stair nosing.

To read more about the slip and fall lawsuit settlement.

August 20, 2009

Railroad injury lawsuit reaches $2 million settlement

A Chicago personal injury lawsuit recently reached a $2 million settlement, according to the Law Bulletin. The settlement reached was for the plaintiff’s personal injuries sustained when the commuter train he was on derailed. He sustained spinal damage and broken ribs.

To read more about the railroad injury settlement.

August 19, 2009

Case Law Update: Diversity Jurisdiction

Schur v. L.A. Weight Loss Centers, Inc, No. 07-3761 (8/14/09) found that the district court lacked diversity jurisdiction to enter summary judgment in state-court wrongful death action that had been removed to federal court. While parties were completely diverse at time of removal, Magistrate Judge granted plaintiff's motion to add two non-diverse defendants, which therefore required remand of case to state court. Moreover, while Dist. Ct. had authority to review sua sponte propriety of order adding said non-diverse defendants, Dist. Ct. erred in finding that fraudulent joinder doctrine applied so as to permit Dist. Ct. to disregard said defendants and retain jurisdiction of case since state law actually gave plaintiff cause of action against said defendants. Additionally, plaintiff's motion to add said parties was not untimely where said motion was filed within two months after plaintiff had learned through discovery of roles played by said defendants. This case will impact all Illinois cases.

August 19, 2009

Bicycle accident victim receives $160K settlement

A personal injury settlement was reached after a Chicago bicyclist was turning when he collided with a cab. The bicycle accident plaintiff suffered bilateral ankle fractures.

To read more about the Chicago settlement in the Law Bulletin.

August 19, 2009

Chicago construction accident results in worker death

A Chicago construction worker died yesterday morning when the front end loader he was driving fell seven stories to the ground. The Chicago construction accident occurred at a Chicago Housing Authority high rise at 24th and State. The work was part of the demolition of the Harold Ickes Home.

To read more about the Chicago construction accident death.

August 18, 2009

1.6 million Little Tikes toys recalled

The U.S. Consumer Product Safety Commission has issued a product recall for 1.6 million Little Tikes Company toys. An eleven-month old baby was hospitalized for one of the plastic nails wedged in his throat from part of the trucks and workshop sets toys.

To read more about the product recall.

August 18, 2009

Personal injury lawsuit filed against officer

A vehicle enforcement officer is a named defendant in a personal injury lawsuit by a man who claims that he was assaulted by the officer during a traffic stop four years ago. The personal injury lawsuit centers on the allegation that the officer repeatedly pistol-whipped him during a traffic stop.

To read more about the personal injury lawsuit.

August 17, 2009

Case Law Update: 1983 Actions

Estate of Moreland v. Dieter, No. 08-1478 (8/11/09) affirmed that the district court not err in denying plaintiff's motion for writ of execution seeking to enforce $29 million judgment against defendant in section 1983 action alleging violations of certain constitutional rights arising out of injuries sustained while plaintiff was in defendant's jail, where plaintiff based said motion on retroactive application of 2003 Amendment to Indiana state law requiring defendant to pay certain compensatory damages contained in judgments against its employees. Prior state law gave defendant discretion to pay said judgments, and retroactive application of 2003 Amendment was inappropriate where there was no unambiguous language making said Amendment retroactive, and where Amendment attached new legal consequence to instant trial that was completed prior to Amendment's enactment. This seventh circuit case will have an impact on all Illinois cases.

August 17, 2009

Chicago airport injury lawsuit reaches settlement

A Chicago personal injury lawsuit filed by a woman who was injured at O’Hare International Airport has reached a settlement. The Chicago woman claims that she was injured when she slipped and fell on an oily surface while walking through O’Hare.

To read more about the Chicago injury lawsuit settlement.

August 17, 2009

Wrongful death lawsuit filed against restaurant for unsafe ramp

A wrongful death lawsuit has been filed against a fast food restaurant for an unsafe ramp. The ramp allegedly caused the death of an elderly woman due to a lack of handrails and a sharp drop off to the park lot, not visible from the victim’s vantage point. The wrongful death victim fell out of her wheelchair and suffered a heart attack.

To read more about the wrongful death lawsuit.

August 16, 2009

Case Law Update: Attorney-Client Privilege in Illinois

Illinois Emasco Insurance v. Nationwide Mutual Insurance, no. 1-08-1625 (8/6/09) found that the attorney-client privilege protected from disclosure documents of communications between insurer and its coverage counsel arising in declaratory judgment action as coverage for injury of ironworker during construction project (with $7.1 million verdict) for insured development corporation. Trial court can conduct in camera inspection to resolve disputes of which communications are privileged. This case will impact all Illinois cases.

August 16, 2009

Bank of America announces halt on forced arbitration

Following JP Morgan Chase’s announcement in July and the settlement between the Minnesota Attorney General and the National Arbitration Forum, Bank of America has announced that it will halt forced arbitration. In a recent press release, AAJ Associate Director of Federal Relations acknowledged that this announcement is a positive step, but also reinforces the need for Congress to protect consumers from forced arbitration.

To learn more about forced arbitration.

August 15, 2009

Case Law Update: Diversity Jurisdiction

Buchel-Ruegsegger v. Buchel, No. 07-3515 (8/6/09) affirmed that a diversity court lacked diversity jurisdiction to act on lawsuit filed by plaintiff-dual citizen of Switzerland and U.S. against defendant-citizen of U.S. seeking to enforce money judgment entered by Swiss court. Plaintiff could not claim jurisdiction under sec. 1332(a)(2) since only plaintiff's U.S. citizenship is relevant for assessing jurisdiction where plaintiff is dual citizen. Moreover, plaintiff could not claim jurisdiction under sec. 1332(a)(1) since plaintiff had moved to Switzerland by time of lawsuit and hence was not citizen of any U.S. state. This seventh circuit case will have an effect on all Illinois Federal Courts.

August 15, 2009

Illinois family files lawsuit after football player suffers traumatic brain injury

The family of a high school football player has filed an Illinois personal injury lawsuit against the football coach and the school district. According to the Illinois lawsuit, the personal injury victim suffered a broken collarbone when he was ordered to tackle another team member without any protective equipment.

To read more about the Illinois personal injury lawsuit.

August 14, 2009

Case Law Update: Summary Judgment in 1983 Actions

McBride v. Grice, No. 08-3556 (8/11/09) affirmed that the district court did not err in granting defendants' (City and police officer) motion for summary judgment in section 1983 action alleging that police officer lacked probable cause to arrest plaintiff-store owner on battery charge based on employee's complaint that plaintiff had hit her head with closed hand and forcibly removed her from store. Police officer had probable cause to arrest plaintiff based on employee's complaint and store video showing plaintiff and employee involved in struggle. Officer was not required to look at second video at time of arrest or interview customers where plaintiff submitted no evidence suggesting that officer had reasons to doubt employee's statements to him. This seventh circuit decision will have an effect on all Illinois cases.

August 14, 2009

Drug safety lawsuit shows the risk of pharma negligence

The recent lawsuits against Merck show that pharmaceutical companies must be held accountable. The drug safety lawsuits claim that Fosamax causes the death of jawbone tissue and lead to jaw removal for several users of the drug. Fosamax is an osteoporosis drug.

To read more about the drug safety lawsuit.

August 14, 2009

Victims of Chinese drywall may be able to file lawsuits against Chinese companies

Product liability victims of the tainted Chinese drywall have faced a confusing maze of red tape associated with filing lawsuits against defective products. A new bill, co-introduced by Illinois Senator Dick Durbin, aims to remove those obstacles and establish new rules to hold foreign manufacturers more accountable for American personal injuries.

To read more about the foreign liability bill.

August 13, 2009

Senate Committee holds hearing on medical devices

Last week, a Senate Committee held a hearing on medical devices, specifically the Medical Device Safety Act of 2009. AAJ held a press conference before the hearing and several victims of faulty medical devices attended. One of the victims spoke at the conference and also testified before the committee.

To read more about the Senate Committee hearing.
To read a press release on the hearing.
To read the faulty medical device victim’s testimony.

August 13, 2009

Case Law Update: Qualified Immunity in 1983 Actions

Baird v. Renbarger, No. 08-2436 (8/3/09) affirmed a decision that the district court did not err when it denied defendant-police officer's motion for summary judgment based on defendant's claim of qualified immunity in section 1983 action alleging that defendant violated plaintiffs' 4th Amendment rights by using excessive force when pointing submachine gun at plaintiffs while investigating VIN numbers of automobiles on car lot. Claimed use of pointed submachine gun was objectively unreasonable where underlying offense of altering vehicle identification number was not crime of violence, and where there was never reason to suspect that plaintiffs threatened resistance to defendant or posed threat to safety of defendant. This seventh circuit case will affect all Illinois cases.

August 13, 2009

Case Law Update: Records in Worker’s Compensation

RAG American Coal Co. v. Office of Workers’ Compensation Programs, No. 08-1653 (8/5/09) found that the record contained sufficient evidence to support ALJ's award of Black Lung Disease benefits after finding that claimant suffered from substantial pulmonary/respiratory problems, even though different ALJ had denied claimant's similar request in earlier application for said benefits. Ct. rejected employer's argument that prior denial precluded instant award under doctrine of res judicata where record supported ALJ determination that claimant experienced material change in his condition, and where pneumoconiosis is progressive and latent disease. Fact that claimant did not have new exposure to coal dust subsequent to denial of initial claim did not require different result. This seventh circuit case will have an impact on all Illinois worker compensation cases.

August 13, 2009

Health officials confirm illnesses tied to recalled ground beef

Health officials in three states have reported that at least 28 people had reported personal injuries tied to the recalled ground beef that might be tainted with salmonella. The beef was recalled by Beef Packers Inc. of Fresno.

To read more about the recalled beef illnesses.

August 12, 2009

Fosamax drug safety lawsuit begins

Merck & Co. faces 900 product liability lawsuits over claims that its osteoporosis drug Fosamax causes the death of jawbone tissue. The first drug safety lawsuit goes to trial tomorrow in a case that may affect all of the others.

To read more about the Fosamax drug safety lawsuit.

August 12, 2009

Chicago boy dies after construction accident

A Chicago boy was killed after he was struck in the head by a construction machine driven by his father. The construction accident occurred at a South Side Chicago construction site yesterday morning. The boy apparently fell out of the loader and was hit by its bucket.

To read more about the Chicago wrongful death.

August 11, 2009

Abbott draws FDA heat over Magic Johnson ads

FDA has issued a warning letter to Illinois company Abbott Laboratories over its promotional materials featuring Magic Johnson. The warning letter states that the ads are overstating the benefits of the company’s HIV drug. The letter minimizes the product safety risks associated with the drug and overstating the efficacy of the drugs.

To read more about the FDA warning letter.

August 11, 2009

Case Law Update: Records in 1983 Actions

Indiana Protection and Advocacy Services v. Indiana Family and Social Services Administration, No. 08-3183 (7/28/09) ruled that the district court lacked jurisdiction to consider plaintiff's section 1983 action seeking turnover of mental health records under either Developmental Disabilities Assistance and Bill of Rights Act or Protection and Advocacy for Individuals with Mental Illness Act to determine whether patient was victim of abuse. Neither Act contained express private right of action, and plaintiff, as state agency, could not sue defendant, as another state agency, under section 1983. Moreover, 11th Amendment also barred instant cause of action. This seventh circuit decision will have a great impact on all Illinois cases.

August 11, 2009

Product liability lawsuits filed over pain patches

Several product liability lawsuits have been filed against generic drug giant Mylan, Inc. and other pharmaceutical companies related to the manufacture of pain patches. The product liability lawsuits involve the powerful painkiller fentanyl. The product liability plaintiffs attribute 28 deaths to the patches.

To read more about the pain patch product liability lawsuits.

August 10, 2009

Injury lawsuit over lost leg settles for $2.9 million

A 68 year-old man has received a $2.9 million personal injury settlement for the pain and suffering that he endured following a 2006 valet-parking accident that caused him to have his right leg amputated above the knee. The injury victim now wears a prosthetic leg and believes that the settlement was fair. The settlement will cover much of his medical expenses.

To read more about the injury lawsuit settlement.

August 10, 2009

Case Law Update: ADA in Wrongful Termination

Casna v. City of Loves Park, No. 07-1044 (7/24/09) found that the District Court erred in granting defendant's motion for summary judgment in ADA action alleging that defendant terminated plaintiff from her administrative assistant position in retaliation for having made internal complaint of discrimination based on her disability. Plaintiff's oral remark to supervisor (i.e., Aren't you being discriminatory?) in response to supervisor's observation (i.e., How can you work if you cannot hear?) was sufficient to constitute protected activity, and plaintiff's termination one day after her remark to supervisor was sufficient by itself to potentially establish causal link between protected activity and adverse a court. This seventh circuit decision will have an effect on Illinois cases.

August 10, 2009

Baseball stadium injury victim allowed to file lawsuit

The parents of a young boy who received personal injuries during a baseball game is able to file a premises liability lawsuit against the minor league team and the city. The court declined to adopt the “baseball rule” which immunizes stadium owners from liability as long as they have screens protecting those seated behind home plate.

To read more about the baseball stadium injury lawsuit.

August 9, 2009

Tougher FDA regulation promised

The FDA’s new commissioner has vowed that the agency is going to be more aggressive and much faster in responding to enforcing the laws and regulations that govern the safety of drugs, medical devices, and much of the food supply. Over the recent few years, the FDA has faced a larger number of high profile recalls, including the pistachio recall, cookie dough recall, and peanut recall. The agency has also faced criticism for not responding quickly enough or doing enough to prevent the recalls.

To read more about the tougher regulation to come.

August 9, 2009

Case Law Update: Forum Non Conveniens in Wrongful Death

Glass v. DOT Transportation, No. 1-08-2279 affirmed that the Special Administrator of Estate filed wrongful death action for her father's estate in Cook County, even though probate proceeding was commenced in Champaign County, where decedent and his employer resided, and auto accident occurred in Mason County. Special Administrator's choice of forum is rarely disturbed, and it was county of her residence and that of all Illinois beneficiaries. Under totality of circumstances analysis, public and private interest factors weighed in favor of Plaintiff's choice of forum. Trial court was within its discretion in denying Defendants' Rule 187 motion to transfer based on forum non conveniens. This case will have an effect on wrongful death cases in Illinois.

August 8, 2009

Case Law Update: Attorney Fees in Removal

Wolf v. Kennelly, No. 08-2203 (7/23/09) determined that the district court erred in barring plaintiff from seeking attorney fees from one defendant who unsuccessfully attempted to remove Ill. state court case seeking vacatur of arbitration award. Plaintiff could properly seek fees under 28 USC sec. 1447(c) on grounds that case law clearly precluded any removal where: (1) in absence of any realignment, presence in lawsuit of another defendant, which was resident of Illinois, precluded removal under forum defendant rule; and (2) forum defendant could not be realigned from respondent to petitioner in Ill. state court case since plaintiff and forum defendant had actual controversy that precluded any realignment. This case will have an effect on all Illinois cases.

August 8, 2009

Case Law Update: Qualified Immunity in Section 1983 Action

Catlin v. City of Wheaton, No. 07-3903 (7/21/09) affirmed that the district court did not err in granting on grounds of qualified immunity defendants' motion for summary judgment in section 1983 action alleging false arrest and excessive force in connection with incident in which defendants mistook plaintiff for alleged drug ringleader and arrested plaintiff after physical confrontation. As to false arrest claim, defendants had reasonable basis for thinking plaintiff was dangerous ringleader where plaintiff had physical resemblance to said ringleader and where plaintiff was observed in precise area where defendants expected ringleader to be. As to excessive force claim, defendants' use of knee to plaintiff's back as restraint mechanism was not unreasonable given defendants' perception of ringleader's threat to police. Fact that defendant had failed to identify themselves as police officers until after they had subdued him did not require different result where case law was split as to whether police officers are required to identify themselves when making arrest in public place. This seventh circuit case will have a great effect on federal tort acts.

August 8, 2009

Injury lawsuit filed after car plunges 13 feet

A Chicago injury lawsuit has been filed against a parking garage. The lawsuit was filed in Cook County Circuit Court and claims that the partnership failed to comply with several Codes in constructing the parking garage.

To read more about the lawsuit against the parking garage.

August 7, 2009

Worker sues four companies after injuries near oil rig

A worker doing routine maintenance on an oil rig received severe personal injuries when a flange fell from a crane. According to the personal injury complaint, the personal injury victim was helping co-workers replace a flange when it fell from a crane and landed on top of him.

To read more about the injured worker.

August 7, 2009

Case Law Update: Negligence in Premises Liability

Rogers v. Matanda, No. 3-07-0855 (7/16/09) found that the trial court properly granted summary judgment for pub where Plaintiff fell during his 21st birthday celebration. Plaintiff had consumed 18 mixed drinks, and did not remember exiting tavern or falling. Plaintiff, who was removed from pub by his friends who blocked his efforts to re-enter, then tried to re-enter tavern by walking around to rear of building where there was a drop in elevation of several feet. Plaintiff failed to establish cause of his fall, and thus failed to make prima facie case as to proximate cause. This Illinois case will have an effect on premises liability and slip and fall cases.

August 7, 2009

Merck to pay $80 million to settle Vioxx litigation

Merck & Co. anticipates paying $80 million to settle litigation in regards to its former pain drug Vioxx. The U.S. Security and Exchange Commission has terminated its Vioxx investigation, which Merck withdrew from the market in 2004.

To read more about the Merck settlement.

August 6, 2009

FDA approves new Botox warning

The FDA recently announced that it approved a new warning on Allergan Inc.’s Botox about the possibility of life-threatening breathing or swallowing problems. The FDA also said that it is changing the generic names for Botox to avoid medication errors.

To read more about the FDA warning approval.

August 6, 2009

Americans on antidepressants have doubled

One in ten Americans over the age of six are taking antidepressants – the double the number in just one decade from just over 13 million to 27 million. Levin & Perconti wants to remind the high number of individuals on antidepressants to be aware of the side-effects associated with antidepressant medications.

To read more about the high number of people on antidepressants.

August 5, 2009

Families to testify in favor of Medical Device Safety Act

Two families are offering testimony in the nation’s capital today in favor of the proposed Medical Device Safety Act. One family is scheduled to talk about their 16 year-old son who was dependent on a pacemaker. His family believed that his death was related to a problem with the pacemaker device.

To read more about the medical safety product testimony.

August 5, 2009

Lawsuits filed against medical device maker

A personal injury and product liability lawsuit has been filed against C.R. Bard Inc., a medical device maker. The lawsuit contends that the company made a defective device. The product liability victims claim that the use of the device to treat pelvic organ prolapse caused them personal injuries.

To read more about the product liability lawsuit.

August 4, 2009

Injury lawsuit filed against McDonald’s for hot tea burns

A personal injury lawsuit was recently filed against McDonald’s. The personal injury victim claims that she was burned by McDonald’s hot tea when the lids were not secured properly. The result was severely scarred thighs when the scalding tea spilled in her lap in the drive-thru.

To read more about the product liability lawsuit.

August 4, 2009

Case Law Update: Duty in Negligence Cases

Strickland v. Kotecki, No. 3-07-0831 (7/21/09) regarded plaintiffs filing suit for injuries sustained when husband jumped over a fence to prevent Defendant from committing suicide. Plaintiff sufficiently alleged a duty and other requisite elements of negligence and thus trial court erred in dismissing complaint. Trial court was within its discretion in dismissing Plaintiff's action against Defendant's wife, who had asked Plaintiff husband to assist her husband, existence of duty not adequately alleged. This Illinois duty case will affect personal injury cases in the future.

August 4, 2009

Personal injury lawsuit filed against Wolfgang Puck

A personal injury lawsuit has been filed against Wolfgang Puck. The victim claims that she slipped and fell on the floor because of an overly slick finish on the wood floor. She suffered disabling and serious personal injuries.

To read more about the personal injury lawsuit.

August 3, 2009

E-cigarette maker says it will continue despite FDA warning

The e-cigarette manufacturer says that it will continue to market its device despite the FDA warning that the e-cigarette could post health risks. Some of the samples tested in the e-cigarette brands contained human carcinogens and tobacco impurities suspected of being harmful to humans.

To read more about the e-cigarette maker.

August 3, 2009

Case Law Update: Personal Injury in Automobile Accident

Mills v. McDuffa, No. 2-08-0305 (7/21/09) determined that when plaintiff filed 735 ILCS 5/2-1401 petition for relief from judgment after his personal injury complaint for auto accident was dismissed for want of prosecution. Plaintiff failed to establish, as a matter of law; that he was entitled to such relief, and thus petition should not have been granted. Remanded for evidentiary hearing on Section 2-1401 petition due to questions of fact as to Plaintiff's ability to understand impact of his previous attorney's withdrawal from case. This Illinois case will have an effect on personal injury lawsuits.

August 3, 2009

Texting drivers 23 times more likely to crash

A recent study shows that text messaging while driving is by far the most dangerous driving distraction. The 18 month study was conducted with long-haul truckers, but researches add that the high risk associated with texting applies to all drivers. While texting, drivers are 23-times more likely to be involved in a car crash.

To read more about the texting study.

August 2, 2009

House set to vote on food safety bill

The House is expected to vote on a multibillion-dollar food safety bill, touching ever facet of the U.S. food supply chain. The bill’s full impact is not known yet, but consumers are supposed to be safer.

To read more about the House food safety vote.

August 2, 2009

Florida student awarded $1.6 million in school bus crash lawsuit

A jury deliberated for three hours in a bus crash injury lawsuit before finding the school district negligent in a bus crash that severely injured a 16 year-old boy. The boy and his parents received $1.625 million in personal injury damages, which his mother said will be used to pay for his continuing medical care.

To read more about the personal injury jury award.

August 1, 2009

Chicago man killed in elevator shaft fall

A 61 year-old Chicago man died Monday night after falling seven stories down a Chicago elevator shaft. The Chicago injury victim was discovered at the bottom of the shaft. Witnesses saw the man walk into the open elevator on the seventh floor and plummet to his death.

To read more about the Chicago elevator wrongful death.

August 1, 2009

WHO elevates tanning beds to top cancer risk level

The World Health Organization elevated tanning beds, used by tens of millions of people for indoor tanning, to its highest cancer risk category. Research has left no doubt about the personal injury risks associated with the use of tanning beds in developing cancer. The risk of melanoma increases by 75% when use of tanning devices starts before the age of 30.

To read more about the increased cancer risk level.