Illinois child injured after bus accident
A 7 year-old child received personal injuries after being struck by a school bus. The bus rolled over the Illinois boy who had fallen in its path.
To read more about the Illinois child’s personal injuries.
October 31, 2009
October 30, 2009
llinois warns about recalled baby food
The Illinois Department of Public Health is warning residents about a recalled baby food made by Plum Organics. There is a risk that potential contamination could cause botulism. Symptoms of botulism include weakness, double vision, dizziness, and trouble speaking or swallowing.
To read more about the product recall.
October 29, 2009
FDA to study negative effects of LASIK eye surgery
The FDA has announced plans to study the scope of surgical problems and personal injuries associated with laser eye-correcting surgery. Personal injuries following LASIK surgery include blurred vision and dry eyes.
To read more about the LASIK study.
October 28, 2009
Woman awarded $8.5 million in Ford SUV rollover accident
A woman was recently awarded an $8.5 million judgment in an SUV product liability lawsuit. The award was granted after a month-long trial centering on a 2005 rollover lawsuit.
To read more about the $8.5 million rollover verdict.
October 27, 2009
AstraZeneca ordered to pay $14.7 million in drug price case
A jury has hit British drugmaker AstraZeneca with a $14.7 million verdict after finding that the company inflated its prescription drug prices for Medicaid reimbursement.
To read more about the $14.7 million drug price case.
October 26, 2009
Fan manufacturer hit with $13.5 million verdict
A jury hit a fan manufacturer with a $13.5 million verdict after finding that a faulty fan motor ignited a 2005 blaze that killed a 7 year-old boy. The manufacturer discovered a product defect in the China-made motors in their portable fans in 1999, but did not report the problem to the CPSC before the boy’s death.
To read more about the product defect verdict.
October 25, 2009
Legislative Update: “Red Flags” Rule Exclusion for Small Firms
The U.S. House passed a bill Tuesday that would exempt attorneys in small firms and other professionals from the Federal Trade Commission's "red flags" rule, which is set to go into effect November 1. This legislation will greatly impact Illinois law.
October 25, 2009
Insurers dropping homeowners with Chinese drywall
Thousands of homeowners who bought new houses are finding no good news with the Chinese drywall problems mounting. Now, insurers are beginning to drop homeowners with Chinese drywall after fearing mounting claims.
To read more about the insurers dropping homeowners.
October 24, 2009
CPSC chairman to press China for drywall damage compensation
CPSC chairman has stated her intentions to ask China to assist in paying for damage in U.S. homes by defective Chinese drywall. She also intends to discuss a regulatory standard for drywall composition.
To read more about the Chinese drywall damage.
October 23, 2009
Safe trick-or-treating tips for Halloween
Food poisoning and other product liability risks are constant worries for parents around Halloween. Be sure to inspect all candy before eating any of it. Plus, only give and take packaged or wrapped candy.
To read more Halloween safety tips.
October 22, 2009
CPSC investigated iPod fires
The CPSC is looking into multiple reports that iPods are overheading and, in some cases, catching fire. The fire hazard culprit appears to be the iPod’s lithium ion battery. The same battery was recalled by Sony after it was linked to a string of laptop computer fires.
To read more about the iPod fires.
October 21, 2009
Fall eating safety tips
Fall is the season for canned cooking and, unfortunately, also the season for botulism food poisoning. To avoid botulism, be sure to thoroughly cook your food and follow cooking instructions. Avoid swelling containers, those with bulging lids, unusual odors, or odd colors.
To read more fall eating safety tips.
October 20, 2009
$1 million Cook County wrongful death lawsuit verdict
A verdict has been reached in a Cook County wrongful death lawsuit. The medical malpractice victim died during a tracheostomy revision surgery when the tip of the tube became clogged while being reinserted.
To read more about the $1 million Illinois verdict.
October 19, 2009
Chicago construction accident death
A Chicago man died Sunday morning after falling from a Chicago construction site. The Chicago wrongful death occurred in the former site of a CTA rail repair yard.
To read more about the Chicago construction death.
October 19, 2009
Chicago construction accident death
A Chicago man died Sunday morning after falling from a Chicago construction site. The Chicago wrongful death occurred in the former site of a CTA rail repair yard.
To read more about the Chicago construction death.
October 19, 2009
Police seek driver in Chicagoland fatal hit-and-run
Police in the city of Berwyn outside of Chicago were seeking the driver of a black Dodge Charger this morning after a fatal hit-and-run. A 47 year-old man was struck and killed in the Illinois hit-and-run. Police ask anyone with information to call them at 708-795-5600.
To read more about the Illinois hit-and-run.
October 18, 2009
FDA warns drugmakers to halt codeine sales
The Wall Street Journal reported that the FDA issued warnings to drug makers to stop sales of unauthorized codeine sulfate tablets. The drug makers are given 15 days to give a plan to stop the sale of the tablets.
To read more about the FDA warning.
October 18, 2009
Case Law Update: Res Judicata Applied to Voluntary Dismissal
Quintas v. Asset Management Group, Inc., No. 1-08-1950 (9-30-09) reversed a decision that found that the docket entry, which was inconsistent with the written order, stated plaintiffs were granted leave to refile, and thus the docket entry is express reservation of plaintiffs’ right to refile and their suit not being res judicata. Defendants did not acquiesce in refilling, as they raised res judicata defense in their answer to re-filed complaint and timely filed motion for expenses per Rule 219(e), acquiescence exception to res judicata does not apply. This case will impact all Illinois cases.
October 18, 2009
Pharmaceutical company ordered to pay $2.5 million for birth defect claims
A pharmaceutical company has been ordered to pay $2.5 million over product liability claims that its drug Paxil caused birth defects. The birth defect lawsuit alleged that the company knew that the drug caused birth defects and hid the risks to increase profits.
To read more about the birth defect verdict.
October 17, 2009
Settlement reached in lead paint toy litigation
A product liability settlement has been reached in the largest recall of children’s toys in recent history by Mattel. In 2006 and 2007, Mattel recalled over 14 million toys in the U.S. alone due to excessive lead or lead paint. In Illinois, Mattel withdrew toy blood-pressure cuffs after the Illinois Attorney General found lead in the plastic.
To read more about the lead paint toy settlement.
October 17, 2009
Case Law Update: Summary Judgment in Duty of Care
Qureshi v. Ahmed, No. 1-08-0795 (9-30-09) asked whether defendants owed a duty to protect a 10-year old girl from danger of treadmill at their home. The court cannot conclude as matter of law that defendants owed no duty based on open and obviousness of danger of treadmill; the trial court did not expressly describe risk of harm of treadmill, thus court cannot assess whether danger would be open and obvious to a child. This case will impact Illinois law.
October 17, 2009
Larry King focuses on ground beef safety
Monday night’s “Larry King Live” explored the food poisoning linked to ground beef contaminated with E. coli bacteria. It has sickened, paralyzed, and even killed some people.
To read more about the Larry King ground beef story.
October 16, 2009
Home repairs will cost millions
After touring homes built with Chinese-made drywall, CPSC officials learned that repairing the Chinese-made drywall is going to be expensive to fix. One local builder told the visitors that the product liability cost her company more than $5 million.
To read more about the home repairs.
October 16, 2009
Case Law Update: Duty of Care in School Maintenance
Madden v. F. H. Paschien, S. N. Nielson, Inc., No. 1-07-1811 (9-30-09) affirmed that a design consultant and construction manager owed no duty to school maintenance worker who suffered severe injuries from falling into open orchestra pit, as they had no control over premises or plaintiff, no authority to direct work, no decisional power over safety on project or over pit. Sole possession of premises had been turned over to school by temporary occupancy permit issued 2 weeks before accident. The design consultant and construction manager were not vicariously responsible for the school's negligence, as they did not exert any control over school, and school is not their independent contractor. This Illinois case will impact construction law.
October 16, 2009
HUD secretary to visit drywall tainted home
U.S. Housing & Urban Development Secretary Shaun Donovan will join several U.S. representatives and visit a home contaminated by Chinese drywall. A child living in the home has been afflicted with frequent respiratory infections possibly caused by the product liability.
To read more about the visit to the drywall tainted home.
October 15, 2009
FDA asks judge not to delay tobacco restrictions
In response to a lawsuit filed by cigarette makers, the FDA has asked a Kentucky judge not to delay enforcement of new tobacco laws. Such a delay would cause public injury because the new tobacco laws make sure that tobacco products are not marketed as reduced-risk unless they will reduce risks.
To read more about the tobacco restrictions.
October 15, 2009
Fen-phen litigation award is upheld
A federal appeals court this week rejected challenges to the attorney fee award in the fen-phen diet drug litigation. The amount of the product liability award, though large, was deemed not excessive in this extraordinary case.
To read more about the Fen-phen litigation award.
October 14, 2009
The insurance hoax: doctors and patients pay for med mal insurers earnings
The American Association for Justice released a report on medical malpractice insurance. Despite record profits, insurers continue to charge large malpractice premiums. The cost of medical malpractice insurance is one of the reasons behind so-called “tort reform,” but there are obviously other motives. The high costs are going straight to the insurers profits.
To read more about the insurance hoax.
October 14, 2009
Tell your Rep we want Fair Elections Now
The Fair Elections Now Act offers an alternative to the U.S.’s current pay-to-play system. Under the Act, Candidates for Congress could volunteer to accept donations only from individuals in amounts $100 or less. Right now, there is too much at stake to continue to allow big pharmaceutical companies and other big businesses to finance the elections.
E-mail your representative about Fair Elections.
October 13, 2009
Family sues over teenager’s wrongful death
The family of a teenager who died after suffering a hit to the head has filed a brain injury and wrongful death lawsuit against the school and the physician who cleared the boy to play in the game. The physician cleared the boy despite two milder concussions in the previous month.
To read more about the teenager’s fatal brain injury.
October 13, 2009
Chicago child dies in fire
In another Chicago fire injury tragedy, a two-year old has died in an Illinois fire on the west side of Chicago. An overloaded electrical socket sparked the fire. According to a Fire Department Commander, the home did not have working smoke detectors.
Levin & Perconti is familiar with the tragedy that can happen when buildings have failing smoke detectors. Two years ago, Levin & Perconti obtained a $6 million fire settlement for the families who lost six children in a Chicago apartment fire.
To read more about the 2 year-old’s wrongful death.
October 12, 2009
Lilly settles Zyprexa marketing lawsuit
Pharmaceutical company Eli Lilly & Co. has agreed to settle a product liability lawsuit brought by a state claiming that the company improperly marketed its antipsychotic Zyprexa. Lilly settled a marketing investigation in January and has now settled another lawsuit.
To read more about the Zyprexa lawsuit settlement.
October 11, 2009
Hundreds of Chinese drywall lawsuits filed
The New York Times has reported that hundreds of product liability lawsuits from homeowners affected by Chinese drywall are being filed in state and federal courts. Insurance companies are becoming popular targets of lawsuits over their refusal to pay claims filed by homeowners and home builders.
To read more about the Chinese drywall lawsuits.
October 10, 2009
Injury verdict awards $49 million to personal injury victim
A college student has been awarded a $49 million settlement in his personal injury lawsuit. The student was injured in 2007 when the car he was a passenger in was involved in a collision. The victim sustained brain injuries.
To read more about the injury verdict.
October 9, 2009
3.8 million car recall
Toyota has recalled 3.8 million cars this week because the accelerators were getting stuck under floor mats. This is the biggest product recall for Toyota and the sixth largest product recall in the country.
To read more about the Toyota recall.
October 9, 2009
Chinese drywall stresses need for Foreign Manufacturers Accountability Act
Chinese drywall continues to gain attention in the press. The issue of Chinese drywall product liability provides the perfect forum to discuss the necessity for Congress to pass the Foreign Manufacturers Accountability Act.
To read about the tainted Chinese drywall.
October 8, 2009
Vote expected on health care reform
The Senate Finance Committee is almost done marking up its health care bill and a vote is expected within a week. The American Association for Justice has released a white paper on “defensive medicine” that displaces many common myths about the health care system.
To read the Truth About Defensive Medicine.
October 8, 2009
$7 million Illinois injury lawsuit settlement reached
Chicago Breaking News has reported that an 80 year-old Illinois woman has agreed to a $7 million settlement from Target Corp. and a mechanical door company. The Illinois injury victim was knocked to the ground by a faulty automatic door at a Target store in a Chicagoland area.
To read more about the $7 million Illinois injury settlement.
October 7, 2009
Halloween flashlights recalled
While you’re decorating for Halloween, the attorneys at Levin & Perconti want you to be safe. Target has recently issued a product recall for Halloween flashlights due to fire hazard. If you have this product, please contact Target for a refund.
To read more about the flashlight recall.
October 7, 2009
Watch what you eat: ground beef
The New York Times recently addressed a food poisoning issue that is cause for concern. The article reported that eating ground beef is a gamble because neither the system meant to make the meat safe nor the meat itself is what consumers have been led to believe. The are no federal requirements for grinders to test ingredients for E. coli.
To read more about the ground beef concern.
October 6, 2009
Case Law Update: Personal Scanners in Cook County Circuit Court’s Office
Newman, Raiz and Shelmadine, LLC v. Brown, No. 1-08-1820 (9-18-09) affirmed that a plaintiff filed complaint alleging illegality of 50 cent per page copy fee charged for use of copy machines at Cook County Circuit Clerk's office, and contesting Clerk's Office's prohibition on use of portable scanners to copy court documents. Circuit Clerk's office is a component of the judicial branch, and is thus exempt from FOIA disclosure requirements. Circuit Clerk ordered to permit use of personal scanners so long as integrity of court documents is maintained, as blanket prohibition on use of scanners is overly broad and interferes with person's right to inspect record and take memoranda and abstracts. This case will be quite helpful for Illinois lawyers.
October 6, 2009
Target fined over lead paint in toys
The Consumer Product Safety Commission has fined Target for selling toys that post personal injury risks to children due to lead paint. The fine is $600,000 for violating the government lead paint ban on toys.
To read more about the lead toy ban.
October 5, 2009
Recent civil justice system accomplishments
The American Association for Justice has released a video highlighting recent civil justice system accomplishments. The AAJ has been instrumental in protecting the rights of personal injury victims.
To see the video.
October 5, 2009
Case Law Update: Construction Negligence
Aguirre v. Turner Construction Co., No. 08-3999 (9/30/09) affirmed that the record contained sufficient evidence to support jury's verdict in favor of defendants-general contractors in lawsuit filed by plaintiff-employee of subcontractor seeking recovery for injuries received at work site when plaintiff fell off scaffold that had been constructed by plaintiff's employer. Record suggested that either plaintiff or his employer was cause of accident. Fact that defendants had assumed duty to supervise measures taken by subcontractors to protect their workers did not require that defendants make continuous inspections of scaffold. Moreover, defendants had contracts with subcontractors calling for subcontractors to erect and inspect scaffolds. This seventh circuit case will have a great impact on construction negligence.
October 4, 2009
FDA releases draft guidelines on risk mitigation strategies for pharmaceutical companies
Dow Jones Newswires has reported that the FDA released a draft of guidance on Risk Evaluation and Mitigation Strategies for drugmakers. Guidelines show how drugmakers should follow risk mitigation strategies and lists consequences for failing to do so, including fines of up to millions in some cases.
To read more about the draft guidelines.
October 3, 2009
Toyota considering potential solutions for recalled vehicles
The Salt Lake Tribune is reporting that within weeks, Toyota is expecting to offer car owners solutions for the sudden-acceleration problem caused by slipping floor mats in eight Toyota and Lexus models. This news came after Toyota issued a huge recall of 3.8 million vehicles.
To read more about the Toyota potential solutions.
October 3, 2009
Six Illinois lawsuits filed after hepatitis outbreak
The Rock Island Argus has reported that several personal injury lawsuits have been filed in Illinois against McDonald’s. The Illinois injury lawsuits allege that the plaintiffs contracted hepatitis from the restaurant.
To read more about the Illinois lawsuits.
October 2, 2009
Jury rules that Prempro caused Illinois woman’s breast cancer
Bloomberg News has reported that a jury decided that Wyeth’s Prempro caused an Illinois woman’s invasive breast cancer and she deserves $3.7 million. Wyeth faces more than 9,000 product liability lawsuits over its menopause drugs.
To read more about the Illinois jury ruling.
October 2, 2009
Merck paying thousands of death claims in Vioxx settlement
Bloomberg News is reporting that Merck & Co. is paying wrongful death claims by the families of more than 3100 users of Vioxx who died of heart attacks or strokes after using the Vioxx painkiller. The company is paying claims for heart attack wrongful deaths and at least 122 strokes.
To read more about the Vioxx settlement.
October 1, 2009
Oral contraceptive concerns spur investigations
The New York Times is reporting that oral contraceptives Yaz and Yasmine are highly marketed because the product marketing presents them as much more than mere pregnancy prevention. The Yaz’s image has been clouded by concern that the drug puts women at higher risk for personal injuries such as blood clots, strokes, and other health problems.
To read more about the oral contraceptive concerns.
October 1, 2009
Illinois lawsuit questions herbicide safety
The Belleville News-Democrat is reporting that an Illinois class action lawsuit filed regarding the using of the herbicide atrazine is charging ahead. The product liability lawsuit claims that atrazine runoff pollutes water supplies.
To read more about the Illinois herbicide lawsuit.
