December 2009 :: Illinois Injury Lawyer Blog

Top Ten Civil Justice Triumphs of the Decade

As 2010 approaches, the attorneys at Levin & Perconti wanted to take a moment and wish you and your families a Happy New Year! A recent article in the Huffington Post highlighted the top ten civil justice triumphs of the decade and we think it’s important to reflect on the progress that civil justice attorneys have made. From tort reform failures to product liability victims rights; from Wyeth v. Levine to referendum rejection of special interests; from blogs and books to studies – the past decade has sure been filled of rewards after much hard work in civil justice.

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Posted In: Legislation , Products liability , Tort Reform

Are generics as good as name brands?

For many years, people have been advised to purchase generic pharmaceuticals, especially with the rising costs of drugs. So, when the attorneys at Levin & Perconti saw this article in the New York Times, we wanted to ensure that our readers were aware. Obviously, despite what the article suggests, generic pharmaceuticals save Americans billions of dollars yearly and provides injured or ill people with access to drugs at affordable prices.

The New York Times recently suggested, however, that there is a growing concern among doctors and researchers that some prescription generic drugs may not be as effective as their brand-name counterparts. Luckily, the drug effectiveness problem is not pervasive. Nonetheless, it is an issue that consumers should be aware of, especially when insurers sometimes insist that patients take generic medications when they are available.

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Posted In: pharmaceuticals

New York Times: The 76 Million Food Victims

A recent editorial in the New York Times highlighted an issue that the Levin & Perconti product liability attorneys have frequently blogged about – food safety. It seems as though in recent years, we have had constant reminders of weaknesses in our nation’s food safety system. According to the Centers for Disease Control and Prevention (“CDC”), 76 million cases of food-related illnesses are reported every year, with over 300,000 hospitalizations and 5,000 wrongful deaths.

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Posted In: Food Poisoning , Product Recalls

Lack of rescue equipment cited in Illinois pool drowning

The Daily Herald recently reported on a tragic Illinois drowning case. The mother of a pool drowning victim who died in a swimming pool at the Illinois Pheasant Run Resort and Spa in 2007 has filed a wrongful death lawsuit against the resort. The wrongful death lawsuit alleges that a lack of required safety and rescue equipment contributed to the drowning victim’s death. Nearly two years ago, the 21 year-old victim drowned while swimming in the resort’s indoor-outdoor pools. The Illinois wrongful death lawsuit was filed in Kane County Circuit Court.

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Posted In: Swimming Pool Accidents and Injuries , Wrongful Death

Reporter finds that Toyota keeps tight lid on product safety issues

A Los Angeles Times investigation recently showed that Toyota has delayed product recalls and attempted to blame human error in product liability cases where owners claimed vehicle defects. Toyota is the world’s largest automaker, so this finding could potentially affect many individuals. Toyotas are seen all over Chicago. One example that the article cited was Toyota’s test of its Sienna minivan in 2003. During a routine test, engineers found a product defect – that a plastic panel could come loose and cause the gas pedal to stick. This was hazardous because it potentially make the vehicle accelerate out of control. While Toyota redesigned that part, Toyota did not notify the tens of thousands of people who had already bought vans with the old panel. It was not until U.S. safety officials opened an investigation last year that Toyota acknowledged in a letter to regulators that the part could come loose and lead to unwanted or sudden acceleration. Nearly six years after discovering the potential hazard, in January 2009, the automaker recalled over 25,000 vans with the old panel.

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Posted In: Motor Vehicle Accidents , Product Recalls , Products liability

Some safety reminders for the holidays

As many people celebrate the holidays, it is important to remember to practice safety with new electronics or toys. The attorneys at Levin & Perconti have highlighted many product recalls recently, including Children's Plush Books and Children's Hoodie-style sweatshirts.

For the most recent and updated information on product recalls, please check the Consumer Product Safety Commission website. Please enjoy your holidays and be safe!

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Posted In: Dangerous toys , Injuries to Minors and Children , Products liability , Toys

Workers awarded $100 million in personal injury lawsuit

The attorneys at Levin & Perconti just came across an article describing a large federal jury verdict to workers who received personal injuries. A jury has awarded multi millions to ten workers in a personal injury lawsuit. The personal injury victims alleged that they sustained personal injuries as a result of contamination. Ten workers for a British Petroleum PLC plant (probably known to you as “BP”) have been awarded millions in the personal injury lawsuit jury verdict against the BP company. The Associated Press (AP) has reported that the BP workers were awarded millions by a federal jury last week, after alleging that they sustained personal injuries from contamination within the plant.

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Posted In: Toxic Torts , Verdicts and Settlements , Workers' Compensation

Conflicts abound for advisers on vaccines

The New York Times recently reported about a new report that the Centers for Disease Control and Prevention (CDC) did a poor job of screening medical experts for financial conflicts when it hired them to advise the agency on vaccine safety. The report stated that most of the experts who served on advisory panels in 2007 to evaluate vaccines for flu and cervical cancer had potential conflicts of interest that were never resolved. The issue was so problematic that some advisers were legally prohibited from considering the vaccine issues, but did so anyway! As many unsafe medicines have been pulled from the market in recent years, worries have intensified that experts may be recommending medical products in part because manufacturers are paying them.

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Posted In: Current Issues , pharmaceuticals

Suspicious Illinois nursing home death reported

According to the Chicago Tribune, last week, a 57 year old Illinois man died at the Fox River Pavilion nursing home in Aurora. A Saturday autopsy was inconclusive, so authorities say that they will have to wait for toxicology results. Illinois police said over the weekend that the 57 year old man had no signs or personal injuries that would explain his death at the time. The nursing home death occurred Thursday evening after getting into a physical altercation with his Illinois nursing home roommate. Police have described the Illinois nursing home death as “suspicious.” The man who was involved in the physical altercation with the 57 year old victim was questioned by police and subsequently released. The results of the toxicology tests will take three to four weeks. The Kane County coroner must wait for those results to determine a cause of death for the Illinois man. Prosecutors will also wait for toxicology results to decide whether or not charges against anyone should be pursued.

Click here to read more about the Illinois man’s nursing home death.

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Posted In: Land Owner liability , Wrongful Death

Woman died from fall at Provena Covenant Hospital

Over the weekend, an autopsy was conducted and indicated that an Illinois woman died of multiple traumatic injuries after falling to her death at Provena Covenant Hospital in Urbana. The Illinois injury victim was only 44 years of age. An article in the News-Gazette reports that she died after jumping from a 7th floor window at the hospital. She landed on a roof outside the second floor.

To read more about the incident at Provena Hospital follow the link.

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Posted In: Wrongful Death

FDA warns doctors about tainted hypertension drugs

The Food and Drug Administration (FDA) have issued a warning to physicians about eleven recalled lots of an intravenous (IV) hypertension drug. The pharmaceutical drug, manufactured by the Medicines Co. are contaminated with bits of steel pieces in it. The company issued a product recall of the affected lots of the Celviprex drug after detecting tiny particles of steel during a routine inspection. The hypertension drug is used to lower excessively high blood pressure in patients who cannot take pills. The recalled drug is distributed to doctors for injection in patients who are undergoing surgery.

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Posted In: Product Recalls , pharmaceuticals

Multiple people injured in ski lift mishap

A chairlift broke Thursday night at a popular ski resort in Wisconsin that Chicago-area skiers like to frequent. The frightening malfunction resulted in personal injuries to at least fourteen people. There were at least three serious injuries and seven non-serious injuries. Thankfully, none of the personal injuries were considered life-threatening.

Watch the video report of the ski malfunction below.

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Posted In: Current Issues , Land Owner liability

Excessive CT scans can develop new issues

A recent study suggests that the overuse of computed tomography (CT) scans can lead to the development of new cancers. Product liability studies suggest that radiation exposure from CT scanners may cause cancer. The article suggests that CT scans are believed to contribute to 29,000 new cancers yearly, which contributes to 14,500 fatalities. The Los Angeles Times reported that widespread overuse of CT scans and variations in radiation doses caused by different machines operated by technicians following any array of procedures are subjecting patients to high radiation doses that will ultimately lead to tens of thousands of new cancer cases and deaths.

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Posted In: Current Issues , Machinery , Products liability

FDA and Bayer issue product recall for Alka-Seltzer capsules with wrong label

The Food and Drug Administration (FDA) and Bayer have issued a voluntary recall for gel capsules of Alka Seltzer that have the wrong labeling. The product recall affects the combination package of Alka-Seltzer Plus Day and Night Cold Formula Liquid Gels. The product recall was initiated when the company found out that the labeling was printed reversed last week.

Continue reading "FDA and Bayer issue product recall for Alka-Seltzer capsules with wrong label" »

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Posted In: Product Recalls , Products liability , pharmaceuticals

$7 million awarded to victim’s family in plane crash

A jury issued a wrongful death award of more than $7 million to the family of a passenger killed in a 2006 crash of a regional jet of Comair. The flight crashed after attempting to take off from a runway at an airport that was too short for commercial flights. Forty-nine people were wrongfully killed. This wrongful death lawsuit is the only passenger aviation accident lawsuit that has reached trial at this time. The next step of the process will occur next year. A different jury will decide next year if the Comair airline was negligent. If a jury determines that Comair is negligent, the family will be eligible for punitive damages. Click here to read more about the $7 million verdict.

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Posted In: Aviation , Products liability , Verdicts and Settlements , Wrongful Death

Children’s plush books recalled

The attorneys at Levin & Perconti just blogged about a product recall affecting children – the children’s hoodie recall – and unfortunately, now we have to blog about another product recall affecting children. The U.S. Consumer Product Safety Commission (CSPC), in cooperation with a book company, has issued a voluntary product recall on “Monday the Bullfrog Plush Books.” The books have been recalled due to choking hazard for children. The Monday the Bullfrog Plush Book product – which is manufactured in China – sold about 142,000 at retail stores across the country to consumers. Anyone who has purchased the book is advised to stop using the book immediately.

Continue reading "Children’s plush books recalled" »

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Posted In: Dangerous toys , Injuries to Minors and Children , Product Recalls , Products liability

Chicago-area woman led fight for blinds and shades recall

As the staff at Levin & Perconti blogged about yesterday, more than 50 million Roman-style shades and roll-up blinds were recalled because of the risk that children may be strangled by the cords. ChicagoBreakingNews.com reported on something that you may not know - that a Chicago-area woman, Linda Kaiser of Elgin, led the fight for the product recall. The Elgin woman has been advocating for a recall since 2003, when she founded Parents for Window Blind Safety.

Continue reading "Chicago-area woman led fight for blinds and shades recall" »

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Posted In: Injuries to Minors and Children , Product Recalls , Products liability , Roman Blind Recall

Case Law Update: Negligence at Wal-Mart

Johnson v. Wal-Mart Stores, Inc. No. 08-4226 (12/1/09) found that the district court did not err in granting defendant's motion to dismiss plaintiff's negligence claim alleging that defendant's illegal sale of bullets to plaintiff's wife without asking her to present FOID card was proximate cause of wife committing suicide by shooting herself in chest. Under Illinois’ suicide rule, plaintiff's suicide was independent intervening event that prevented plaintiff from establishing probable cause. The court rejected plaintiff's argument that violation of public safety statute alone can generate reasonable inference of proximate cause in circumstance of plaintiff's suicide. This seventh circuit case will impact Illinois negligence law.

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Posted In: Tips for Lawyers

CPSC Recalls 50 Million Roman Shades and Roll-Up Blinds

The U.S. Consumer Product Safety Commission announced today that it is recalling over 50 million Roman shades and roll-up blinds because of a potential strangulation risk to young children. Children may be strangled by the cord that is attached to the blinds if the cord becomes wrapped around a child’s neck. Since 2001, three children have died from roll-up blinds and since 2006, five kids have been strangled to death by Roman blinds. The CPSC recommends that parents check all blinds for potential risk. They also recommend that parents move beds, cribs or other furniture away from windows. The CPSC is now offering a kit to repair these blinds to prevent future injuries to children from occurring. To learn more about the CPSC’s Roman shade and roll-up blind recall, click on the hyperlink.

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Posted In: Injuries to Minors and Children , Product Recalls , Products liability , Roman Blind Recall

Illinois medical error reporting law to finally be implemented?

The Chicago Tribune reported recently that the Illinois medical error reporting law will finally be implemented. Ten years ago, a landmark report addressed that medical mistakes cause up to 98,000 wrongful deaths in American yearly. In 2005, Illinois legislators decided to tackle the issue a passed an Act requiring hospital to report the deadliest kind.

Continue reading "Illinois medical error reporting law to finally be implemented?" »

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Posted In: Legislation , Medical Malpractice

Recall issued on children’s hoodies

Sunsations, Inc. and the Consumer Product Safety Commission have recently issued a voluntary product recall on children’s drawstring hoodies due to a threat of serious injury that they pose. The hoodies pose a strangulation hazard to children.

The clothing company and the government agency Consumer Product Safety Commission announced that approximately 12,000 children’s hooded sweatshirts with drawstrings were voluntarily recalled because they pose a strangulation hazard. Consumers are urged to either remove the drawstrings from the sweatshirts or the consumers may return them to the company, Sunsations, Inc., for a full refund.

Continue reading "Recall issued on children’s hoodies" »

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Posted In: Injuries to Minors and Children , Product Recalls , Products liability

Mining company settles for $1.79 billion

After a lengthy four year long legal battle, a mining company has settled hazardous product liability claims with the government for a record $1.79 billion. The hazardous waste pollution occurred across 19 states. The settlement was announced by federal agencies last week.

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Posted In: Asbestos and Mesothelioma , Products liability , Toxic Torts , Verdicts and Settlements

Letter to the Editor: Standing up for rights is not frivolous

In a timely letter to the editor at the Chicago Sun Times, the Illinois Trial Lawyers Association President Peter J. Flowers responded to the unreliability and disconnect embraced by anti-consumer groups. Mr. Flowers responded to the December 4 piece by a “tort reform” supporter, Travis Akin, who used a slanted study to conclude that all injury lawsuits filed against Cook County are “frivolous.” The “tort reform” piece mislead readers by using the figure for all legal costs incurred by the county to lead readers to believe that was the amount paid by Cook County in injury lawsuit settlements.

Continue reading "Letter to the Editor: Standing up for rights is not frivolous" »

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Posted In: Tort Reform

Chicken contains harmful bacteria

A consumer reports study recently released reported that the majority of chicken contains harmful bacteria. According to the product liability study, almost two-thirds of raw store-bought chicken contain potentially dangerous pathogens like salmonella and campylobacter. This number of contaminations has actually dropped from two years ago. But, it is an eye-opener for consumers nonetheless.

Continue reading "Chicken contains harmful bacteria" »

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Posted In: Current Issues , Food Poisoning

Case Law Update: Pleadings in Illinois

Cable America, Inc. v. Pace Electronics, Inc., No. 1-08-3073 (11-16-09) found that a court was within its discretion to dismiss with prejudice Plaintiff's fifth amended complaint, where court had given Plaintiff numerous warnings of pleading deficiencies, yet still non-compliance with requirement of 735 ILCS 5/2-603 for plain and concise statement of cause of action by inclusion of multiple causes of action, and by not specifying whether claiming breach of oral or written contract. This case will impact Illinois law.

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Posted In: Tips for Lawyers

Man alleges recalled product caused eye problems

A man has filed a product liability lawsuit and is alleging that a defective medical device recalled only two days after his cataract surgery caused him personal injuries. The man suffered unnecessary eye inflammation. The product liability lawsuit alleges that the device was defectively designed, manufactured, and marketed. As to the plaintiff’s surgery, the medical device was used to aid in iris retraction while the plaintiff underwent a cataract extraction with intraocular lens implant on the plaintiff’s right eye in October 2008.

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Posted In: Machinery , Product Recalls , Products liability

Case Law Update: Experts and Summary Judgment

Thompon v. Gordon, No. 2-07-0667 (11-19-09) found that the language in contract between engineering companies and developer obligated engineering companies to employ professional standard of care in designing replacement for bridge deck. Affidavit of civil engineer is evidence that companies breached standard of care by not considering or designing improved median barrier, although median barrier was not explicitly mentioned in contract. This case will impact Illinois law.

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Posted In: Tips for Lawyers

CPSC repeats crib recall

The New York Times recently announced that the United States Consumer Safety Product Commission has ordered a new product recall announcement of two different crib models after the death of a one year old child. The crib marker, LaJobi, Inc., first recalled its Molly style and Betsy style cribs eight years ago because of the risk that children could become trapped or strangled.

Continue reading "CPSC repeats crib recall " »

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Posted In: Injuries to Minors and Children , Products liability , Wrongful Death

Case Law Update: Jury Verdicts in Comparative Negligence

Heupal v. Jenkins, No. 1-07-1138 (11-10-09) decided that in a trial for pedestrian's injuries resulting from collision of two vehicles, court erred in including good-faith settling tortfeasor on verdict form for allocation of fault, as Section 2-1117 settling tortfeasors should not be listed on verdict form or considered in apportionment of fault. This Illinois case will impact personal injury law.

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Posted In: Tips for Lawyers

Are the popular Zhu Zhu toys safe?

The Chicago Tribune released a story today about a consumer group is contending that this season’s “must have” toy is an unsafe product. Since the “Black Friday” shopping bonanza day, the Zhu Zhu hamster toys have been extremely popular; however, a recent study has highlighted potential concern. A study by a San Francisco group stated that higher-than-allowed levels of antimony (which can cause health problems) were found on the hair and nose of the toys hamsters. Antimony was measured at 93 parts per million in the hamster’s fur and 106 parts per million in its nose. Both of these readings exceed the allowable level of 60 parts per million. Despite this study, the toy’s maker insisted that its product is safe and has passed rigorous safety testing.

Continue reading "Are the popular Zhu Zhu toys safe? " »

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Posted In: Dangerous toys , Injuries to Minors and Children , Products liability , Toys

Case Law Update: Premises Liability

Eckburg v. Presbytery of Blackhawk of the Presbyterian Church, No. 2-08-0995 (11-13-09) found that the defendant, who had been informed of rotted trees on its land in highway easement, could be liable for death and injuries of motorcyclist and passenger who were struck by falling tree. The error to find that distinction of land as "rural" was dispositive; instead, parties should be allowed to conduct discovery to determine whether duty owed to plaintiff, including duty from notice of dangerous natural condition on land. This Illinois case will greatly affect premises liability law.

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Posted In: Tips for Lawyers

Study finds BPA in 90% of newborns

The attorneys at Levin & Perconti recently read a troubling article regarding a study released by Environmental Working Group. The Group found that nine of ten babies tested were born with bisphenol A (BPA) in their systems. This troubling finding has renewed calls for the chemical to be banned.

Continue reading "Study finds BPA in 90% of newborns" »

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Posted In: Products liability , Toxic Torts

Jury awards $50 million in Avacor class-action lawsuit

A jury last month returned a $50 million verdict for product liability victims in a class action lawsuit that sought relief for people who had bought Avacor, a hair-loss remedy that was marketed as an all-natural, clinically tested product. The product’s advertising referred to a clinic that did not exist, a study that was never done, and success rates that had no backing.

Click here to read more about the $50 million product liability award.

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Posted In: Products liability

Antidepressant drug gets new warnings

New drug safety warnings have been added to the Norpramin label. Norpramin is an antidepressant drug. The new label describes potentially fatal side effects in patients with a family history of certain cardiac health conditions. The drug’s manufacturer is Sanofi-Aventis and they said that the new label also includes new language on overdosage.

Continue reading "Antidepressant drug gets new warnings " »

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Posted In: Products liability , pharmaceuticals

Antidepressant drug gets new warnings

New drug safety warnings have been added to the Norpramin label. Norpramin is an antidepressant drug. The new label describes potentially fatal side effects in patients with a family history of certain cardiac health conditions. The drug’s manufacturer is Sanofi-Aventis and they said that the new label also includes new language on overdosage.

Continue reading "Antidepressant drug gets new warnings " »

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Posted In: Products liability , pharmaceuticals

Cook County jury awards a gross verdict of $8.1 million to victim of swimming pool accident

A Cook County jury has granted an $8.1 million award to a 22 year-old man who dove into a swimming pool and was rendered an incomplete quadriplegic. This is the highest pool-related accident verdict in Illinois.

Continue reading "Cook County jury awards a gross verdict of $8.1 million to victim of swimming pool accident " »

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Posted In: Products liability , Swimming Pool Accidents and Injuries , Verdicts and Settlements

Illinois worker killed in construction accident

A 38 year-old man was killed today in an apparent Illinois construction accident. The construction accident on the grounds of the Chicago Metropolitan Water Reclamation District. The Cook County medical examiner’s office identified the construction accident victim as a Chicago man.

Details surrounding the Illinois construction accident were unclear, but Chicago police said that the construction accident victim was killed shortly after noon in an apparent construction mishap.

To read more about the Chicago construction death.

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Posted In: Construction Injury

Editorial highlights hypocrisy of corporate America and organized medicine

The Executive Director of the Center for Justice and Democracy has published an on-point editorial on “tort reform.” The article, entitled “Memo to Corporate America and Organized Medicine: No One Likes a Hypocrite,” highlighting the hypocrisy of so-called tort reform.

Continue reading "Editorial highlights hypocrisy of corporate America and organized medicine" »

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Posted In: Tort Reform

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