KIRO-TV has reported that an injury lawsuit has been filed against Apple. The injury lawsuit claims that an iPod Touch suddenly caught fire while in his pocket. The lawsuit is seeking more than $200,000 in damages.
To read more about the Apple injury lawsuit.
The Associated Press reports that a baby food maker says that it will look into a report by a day care provider who says that she found a piece of glass in a jar of sweet potatoes. The woman who notified the FDA says that she opened the sealed jar and found the glass.
To read more about the glass contamination claims.
The Washington Post reports that the drinking water at thousands of schools has been found to contain unsafe levels of lead, pesticides, and dozens of other toxins. Contaminants threatening personal injuries to school children have been found in public and private schools in all 50 states. Nearly one of every five schools has violated the Safe Drinking Water Act.
To read more about the water liability investigation.
The Associated Press is reporting that the bankruptcy court has approved a $24 million settlement in the wrongful death of a California longshoreman who was killed by a Dodge pickup. The settlement comes after a jury awarded damages of more than $55 million to the family of another wrongful death victim.
To read more about the Chrysler wrongful death settlement.
The Associated Press has reported that Johnson & Johnson is voluntarily recalling 57 lots of infants’ and children’s liquid Tylenol products because of possible bacterical contamination. All of the products being recalled were made between April and June 2008. Levin & Perconti urges you to check your medicine cabinet!
To read more about the product recall.
The FDA recently announced that it will ask the Institute of Medicine to examine the approval process for medical devices. The process is meant to streamline the approval of medical devices, but consumer groups have expressed concern that the process is being used for devices that are particularly high risk for product liability.
To read more about the FDA announcement.
The Consumer Product Safety Commission announced this week that its findings on the product liability effects of Chinese drywall will not be available until November. Homeowners say that the Chinese drywall has resulted in personal injuries and corroding wiring throughout their homes.
To read more about the CPSC’s findings.
Aboutlawsuits.com has reported a $25 million verdict for a paraplegic car accident lawsuit. The car accident plaintiff was permanently disabled in a car accident at a red light. The accident occurred in the Chicagoland area in 2004 when a man struck the victim’s car while the two were crossing an intersection.
To read more about the Illinois car accident lawsuit.
Aboutlawsuits.com is reporting that $12 million jury verdict has been awarded to 12 year-old boy for personal injuries suffered in an automobile accident that was alleged to have been caused by tire tread separation. As a result of the accident, the young boy was left paralyzed and six others were killed.
To read more about the tire separation lawsuit.
The Recorder is reporting that a jury has awarded $49 million in personal injury damages to a college student. The injury lawsuit stems from injuries the student received when he was on his way to a camping trip when two trucks collided and struck the car he was riding in. This truck accident caused the victim traumatic brain injuries.
To read more about the personal injury lawsuit.
Too much reapplication of denture cream – a common practice when dentures do not properly fit – may be the cause of serious personal injuries. The injuries appear to stem from the zinc contained in denture cream. While the level is allegedly safe when used in small amounts, the product proved defective for some users. The denture cream contained no warnings.
To read more about the denture cream lawsuits.
A recent Government Accountability Office report found that federal agencies that supply food for 31 million schoolchildren do not insure that tainted products are quickly pulled from cafeterias. Delays such as those found raise the risk of children being sickened by contaminated food.
To read more about the GAO report.
A personal injury lawsuit has been filed against Greyhound after an 86 year-old woman tripped over apiece of concrete and fell. She received personal injuries to her right elbow and fractured her right hip. She spent five weeks in physical therapy.
To read more about the personal injury lawsuit.
A couple has filed a wrongful death lawsuit after their six week-old son died after a circumcision at an Indian reservation hospital. The six week-old died after massive blood loss. The couple seeks $2 million for personal injury and wrongful death damages.
To read more about the wrongful death lawsuit.
More than two dozen product liability lawsuits have been filed against two companies whose products are said to cause users to take in excess amounts of zinc. The AP points out that the amount of zinc found in the recommended application of denture cream is similar to the amount found in a six-ounce hamburger and the majority of users report no personal injury problems.
To read more about the denture cream lawsuit.
The Dannon Co. has announced that it will reimburse consumers for up to $100 Activia and DanActive yogurt purchases. It also plans to change its marketing and labeling to settle a class action product liability lawsuit. The lawsuit, filed in 2008, alleges that Dannon overstated the yogurt’s health benefits.
To read more about the Dannon health settlement.
Sakellariadis v. Campbell, No. 1-07-2845 (5-29-09) involved a plaintiff who sued two drivers for injuries sustained in separate accidents 3 months apart. The jury apportioned fault at 50% for each defendant. One defendant settled prior to verdict, and the trial court properly entered judgment for 50% against remaining defendant, rather than the entire verdict less the amount of settlement. The appellate court found that joint and several liability was inapplicable and the contribution Act is a remedy only where defendant has paid more than it’s pro rata share. This is Illinois case will have an impact on personal injury cases.
The New York Times has decided to require makers of an intravenous anti-nausea drug to put a strict warning on its label. The drug, Phenergan (also known as promethazine), can cause gangrene and serious tissue damage when injected into an artery. The FDA’s ruling resulted after reports of severe personal injuries from arterial injections.
To read more about the FDA Phenergan warning.
A Chicago car accident lawsuit has settled for $175,000. The personal injury victim caused the plaintiff cervical and thoracic injuries.
To read more about the car accident lawsuit.
A mother has filed a personal injury lawsuit against a Dunkin’ Donuts for her baby’s injury from eating hash browns. The personal injury lawsuit claims that the toddler sustained severe burns by eating scorching hash browns.
To read more about the burn injury lawsuit.
A student is seeking $1 million in personal injury lawsuit damages after he was allegedly hazed by fraternity members during an initiation. The student suffered a severe injury to his left leg during hazing that caused him to incur substantial medical epenses.
To read more about the hazing lawsuit.
A popular store and fitness equipment manufacturer are seeking dismissal from a personal injury lawsuit. The personal injury victim and her husband filed the lawsuit after the woman fell and broke both of her arms while running on a treadmill.
To read more about the treadmill lawsuit.
An Illinois motorcycle accident lawsuit has recently settled for $1.25 million. The personal injury lawsuit involved a negligent left-hand turn that resulted in an accident between a motorcycle and a vehicle. The personal injury victim suffered vertebral fractures and other trauma.
To read more about the motorcycle accident lawsuit settlement.
Mandatory binding arbitration is everywhere, according to a recent study by Public Citizen. In most cases, consumers are stripped of their right to go to court over disputes when they open a bank account, a credit card account, obtain cell phone service, hire a stockbroker, or buy a house. Forced arbitration does not allow victims to obtain proper justice – it requires them to settle disputes before secretive, private tribunals.
To read more about the forced arbitration study.
An Illinois personal injury victim who suffered numerous dog bites and developed PTSD after being attacked by a German Shepherd dog has settled his personal injury lawsuit for $145,000.
To read more about the Illinois dog bite settlement.
A jury returned a $3.8 million pool lawsuit verdict last week against a hotel in a lawsuit filed by the family of a 19-year old football player. The 19 year-old suffered severe personal injuries that resulted in his wrongful death two years ago while swimming in the hotel’s pool.
To read more about the $3.8 million pool lawsuit award.
Ciciora v. CCAA, Inc. No. 08-1099 (9/4/09) affirmed that the district court did not err in granting defendants' motion for summary judgment in action seeking recovery for personal injuries sustained when plaintiff fell on patch of ice on shoveled sidewalk leading to entrance of defendants' restaurant. Plaintiff failed to present any evidence that her fall was result of unnatural accumulation of snow or ice where plaintiff admitted that sidewalk was clear and dry at time she exited her vehicle, and that no ice was visible when she began to walk on sidewalk. Moreover, plaintiff could only speculate that nearby awning was cause for accumulation of ice. This seventh circuit case will greatly impact slip and fall cases.
A personal injury victim who lost his leg in a personal injury accident in 2006 received a $2.9 million settlement. The amount of the settlement is extremely notable because it may be the largest settlement ever negotiated in a tribal lawsuit.
To read more about the $2.9 million settlement.
Gotham Holdings, LP v. Health Grades, Inc., No. 09-2377 affirmed that the district court did not err in enforcing subpoena requiring defendant to turn over certain documents relating to arbitration award even though defendant argued that it could not do so due to existence of confidentiality agreement it had with third-party to keep information contained in said documents secret. Plaintiff was entitled to view relevant evidence as part of discovery in instant case with defendant, and defendant's pledge for secrecy did not create legal bar to disclosure in instant case as long as said disclosure was compelled via subpoena. This seventh circuit case will have an impact on Illinois federal cases.
The Consumer Safety Product Commission has issued a product recall for 500 IKEA KARLSTAD sofa beds. The sofa beds are being recalled due to a federal mattress flammability standard violation.
To read more about the product recall.
Gleim v. Roberts, No. 1-08-1332 (9-1-09) affirmed that because the parties sought declaration of choice of law, Defendants must make record through evidentiary hearing to show conflict of laws, and to establish that Indiana law applies, or the forum state's (Illinois) law will apply in the absence of a conflict of law as established on the record. This decision will have an impact on Illinois cases.
12 California hospitals have been fined $25,000 each in administrative penalties for violations that in some cases led to wrongful death or serious personal injuries. One of the violations included a situation where nursing staff failed to ensure appropriate drainage that led to severe brain injury.
To read more about the hospital fines.
A woman who was seriously personally injured when a boat she was on crashed into another boat and capsized has filed a personal injury lawsuit against the boat’s operator. The woman was on an Illinois lake when it collided with another boat. The boat capsized, throwing the woman into the water. She then became pinned underwater near the boat’s stern and trapped in mud. She was rescued and transported to the hospital with personal injuries. After the incident it was discovered that the driver of the other boat was intoxicated while operating the boat. If you have been involved in a boating accident, consult an Illinois lawyer. To read more about the Illinois boat accident, please click the link.
A Cook County Circuit Court judge has approved a $15 million settlement in a wrongful death lawsuit filed by a Chicago family. The wrongful death lawsuit followed a private plane crash in 2006.
To read more about the Chicago wrongful death verdict.
The number of Chinese drywall manufacturers responsible for the personal injuries plaguing U.S. homeowners may be about to increase substantially. 36 separate variations of tainted drywall have been found.
To read more about the Chinese drywall manufacturers.
The NHTSA is investigating whether Honda delayed the product recall of almost 440,000 vehicles for an air bag defect that could allow shards of metal to hit the driver. The agency has a lot of questions about why last year’s recall was so small and suddenly grew so much.
To read more about the airbag recall investigation.
An 85 year-old woman is suing the growers, packers, distributors and sellers of spinach involved in a deadly 2006 E. coli outbreak. The personal injury plaintiff states that she almost died after eating spinach in 2006. She suffered renal failure, a stroke, cognitive impairment, a collapsed lung, and a pulmonary embolism.
To read more about the E. coli lawsuit.
There has been increased public concern about personal injuries from herbal remedies and other supplements such as the banned weight-loss supplement ephedra, noting that the outcry has been multiplied by a recent FDA report on potential dangers from natural supplements containing other substances not listed on ingredient labels.
To read more about the growing supplement concern.
Reed v. Galaxy Holdings, No. 1-08-2443 affirmed a case where the plaintiff fell on puddle of water which had been tracked in from outside, on rainy day, when stepping from mat in entranceway of store onto bare floor of vestibule. Plaintiff made no allegation that water was anything other than natural accumulation, and Defendant store had no duty to remove water, regardless of store having not followed its usual protocol of warning signs and mopping on rainy days. Court refused to adopt federal courts' "prescribed means" exception to natural accumulation rule, whereby business has duty to reasonably maintain sole point of entrance and exit for its business invitees. This Illinois case will greatly affect slip and fall cases.
Some cities are inspecting potentially dangerous steel lighting towers at stadiums and parks. Across the country, large stadium and park light poles are collapsing unexpectedly and could cause serious personal injuries. The CPSC released the first list of all of the parks with light towers product liability concerns.
To read more about the dangerous light towers.
Kiefer v. Rust-Oleum Corporation, No. 1-08-2879 affirmed that the res judicata element of "final adjudication on the merits" can be satisfied even where a court's dismissal of strict liability count did not specify whether it was with or without prejudice, and where plaintiff was granted leave to file amended complaint. Examination of hearing transcripts, including court's consideration that Canada courts (where Plaintiff resided and where accident occurred) did not allow strict liability, and that Canadian law should apply to bar strict liability count. Plaintiff voluntarily dismissed remaining negligence count per Section 2-1009, and then re-filed negligence count within year, but re-filed Complaint was barred by res judicata, per Supreme Court holding in Hudson v. City of Chicago. This Illinois case will affect areas such as product liability cases.
Toyota has been in the news amid accusations that the company hid and destroyed relevant evidence in more than 300 rollover accident lawsuits. Toyota was fined $139,000 in 2005 for failing to provide discovery that distorted the function of the trial. This case highlights the importance of discovery and the issue of court secrecy. AAJ supports the Sunshine in Litigation Act (HR 1508), a bill that would give federal judges additional discretion to decide whether a secrecy agreement impacts public health and safety.
To read more about the Toyota rollover accident evidence.
The U.S. District Judge presiding over hundreds of Chinese drywall lawsuits stated his plans to hold the first trial in January. The parties have agreed to inspections of 30 properties reported in order to establish a system that can be used in various trials. These property inspections will be helpful to the court in understanding the work that will be required and rules to set in place.
To read more about the Chinese drywall announcement.
Pfizer has agreed to pay a record $2.3 billion in fees for off-label marketing. Officials at the departments of Justice and Health and Human Services called the agreement with Pfizer a cautionary example of policing errant health-care business. Pfizer will pay $1.2 billion in criminal fines, $1 billion to repay Medicare/Medicaid, and $100 million of “criminal forfeiture.”
To read more about the $2.3 billion settlement.
The family of an Illinois man employed by a masonry subcontractor recently obtained a $3.2 million personal injury lawsuit verdict. The Cook County victim sustained fatal injuries when he fell three stories at a construction site. The wrongful death victim's family claimed that the defendant filed to maintain a safety program and failed to eliminate fall hazards.
To read more about the Cook County verdict.
A recent Illinois editorial, written by Peter Flowers, president of Illinois Trial Lawyers Association, addresses the blame that is often placed on the Illinois court system. The editorial addresses that the attempts to ensure the consumer has rights is the essence of fairness, justice, and equity. The article address how the Illinois court system provides citizens of Illinois with a method of seeking redress from those who have caused them personal injuries.
To read the Illinois editorial.
An AAJ report based on analysis of government data recently found that there are too many unsafe trucks in some Midwestern states. One Midwestern state has the third-highest rate of truck companies per population in violation of federal safety requirements.
To read more about the truck safety report.
A recent article highlighted that within three years, the FDA will require tobacco companies to cover at least half of the front and back of cigarette packages with graphic (and maybe gruesome) images demonstrating the product side-effects of smoking. Similar regulations in other countries has resulted in shocking packages with images of blackened lungs, gangrenous feet, bleeding brains, and people breathing through tracheotomies.
To read more about the FDA cigarette packing requirement.
The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.
