Illinois Injury Lawyer Blog

Carr v. Gateway, Inc., no. 109485 presented the question as to whether trial court properly denied defendant's motion to compel arbitration of claims contained in plaintiff's class action based on language in computer purchase agreements waiving right to litigate disputes in court and agreeing to resolve disputes through binding arbitration. Appellate Court found that enforcement of arbitration clause was precluded where: (1) language of agreement called for arbitration to be conducted in specific arbitration forum that was no longer in existence; and (2) identification of specific forum formed integral part of agreement. This case will impact Illinois cases.

Each year, judicial candidates are rated by the member bars of the Alliance of Bar Associations for Judicial Screening based on detailed information supplied by candidates, a background check by trained lawyers/investigators, and interviews of each candidate. To see a full list of the judicial recommendations, visit the Chicago Sun-Times.

As the attorneys at Levin & Perconti recently blogged about, European and American drug regulators reacted to data on weightloss/obesity drug Meridia recently. Now, the FDA’s decision is causing controversy as it starkly differs from European regulator’s decision. The New York Times addressed that raw data from the drug study indicated that people with certain health problems who took the prescription diet drug Meridia experienced more heart attacks, strokes, and other cardiovascular problems.

Last week, the European regulating body advised physicians and pharmacists to cease prescribing and dispensing the European equivalent of Meridia. In contrast, the Food and Drug Administration took a less forceful step and just asked the maker of Meridia to put a stronger warning on its label. The significantly different actions by two health authorities is stirring debate among drug makers and consumer advocates.

Click here to read more about the controversy surrounding the Meridia decision.

According to CNNMoney.com, the latest Toyota recall will affect 5.3 million vehicles. Toyota has stopped production of vehicles on the list, but many Toyota owners are confused about what steps they should take if their car is on the list of recalled vehicles. Some of the vehicles involved in the recall include: Toyota’s RAV4, Corolla, Matrix, Avalon, Tundra and Sequoia models. Click on the link to view the full list of recalled Toyota vehicles.

The product recall is happening because Toyota found that over time, some cars’ gas pedals become sticky. When a driver tries to ease up on the gas to slow down the car, the pedal sticks and the car continues to accelerate. According to the report, Toyota is working on a new design, but in the meantime, they issued the recall to warn Toyota owners about the danger. Once they find a way to fix the problem, they will ask owners to come into dealerships to fix the gas pedals.

In the meantime, owners must be vigilant and they should not drive their car if they notice that the gas pedal is sticky. They warn owners to pull over and call a Toyota dealership for assistance if they feel stickiness in the gas pedal. If you believe that you have been injured in an accident as a result of Toyota’s defective gas pedals, contact a Chicago product liability attorney to discuss your case.

To read the full report on what to do during the Toyota product recall, follow the hyperlink.

After the recent Toyota gas pedal recall affecting millions of vehicles, the attorneys at Levin & Perconti wanted to highlight an especially important teleseminar that the American Association for Justice is offering to car accident attorneys. The teleseminar is entitled Dangerous Defects in Automobiles – Hot Topics in Crashworthiness Cases. The package includes audio CDs to use in the car, a multimedia CD including reference materials, and MP3 and iPod audio files to use on your iPod.

Click here for more information on the auto defects AAJ teleseminar.

A meat company has issued a product recall for 1.24 million pounds of pepper-coated salami on Saturday. The product recall comes after a lengthy multistate investigation of a salmonella outbreak. Interestingly, the investigation included comparing shopping receipts of those people who got food poisoning. The outbreak has sickened 184 people in 38 states. Eating food contaminated with salmonella can cause salmonellosis, a potentially life threatening bacterial foodborne illness. The recalling company has set up a hot line for consumers or distributors – (888) 345-4160.

For more information on the salami recall, click here.

The Consumer Product Safety Commission (CPSC) is considering requiring crib makers to give customers refunds or other monetary incentives when the companies’ products are recalled. Dangerous crib recalls have been all over the news lately and typically involve free kits to repair flaws in the product, but they have failed to get a full response rate from parents. More than 7 million cribs have been recalled since 2007 because of the potential for personal injury or wrongful death. A monetary incentive would be more likely to receive a response from affected consumers.

More information about the monetary incentive is available here.

Federal officials at the National Transportation Safety Board have called for railroads to install cameras and voice records in every control cab across the United States. The warning comes after the agency has reached a conclusion after the deadly commuter train collision with a freight train in 2008. The agency publicly warned last week that cellphone texting by engineers and conductors was a growing and lethal danger to consumers using the public transportation. The 2008 train crash has been blamed on a Metrolink engineer who passed a stop signal as he sent a message from his cell phone.

Continue reading "Engineer blamed for 2008 train crash" »

Last week, regulators from the Food and Drug Administration (FDA) added new product liability health warnings to a diet and weight loss drug called Meridia. The new warning states that there is an increased risk of heart attack and stroke in people who use the diet drug and have a history of heart problems. The attorneys at Levin & Perconti want our readers to know that this labeling announcement from the FDA came on the same day that European Medicines Agency advised physicians and pharmacists in Europe to stop using the diet drug Meridia altogether. The European Medicines Agency has to be adopted by a Commission in order to take effect, but it should act as a product warning to potential users of the drug. Similarly, the FDA has urged patients to talk to their physicians about whether they should or should not continue taking the diet drug.

To read more about the diet drug warnings.

The Chicago Tribune this week addressed the Tylenol product recall, that many of you were likely concerned with, and focused on how the Food and Drug Administration (FDA) has accused Johnson & Johnson of dragging its feet in recall of tainted Tylenol, Motrin, and other over the counter medications. Last week, Johnson & Johnson expanded its product recall of various batches of the over-the-counter products tainted by a chemical in wooden shipping pallets.

Consumes had complained of moldy-smelling bottles and some have been temporarily sickened nausea, vomiting, diarrhea, or other stomach distress and personal injuries stemming from the product defects. According to the Chicago Tribune article, the FDA cannot order product recalls on its own. So, last week it sent the company a warning letter seeking improvements in the company’s manufacturing operations. The company has linked the illness to a chemical used in the tainted products. It is believed that the chemical leaked into the packaging material.

Click here to read the Chicago Tribune’s full article on the Tylenol recall.

Dorel Asia, in cooperation with the Consumer Product Safety Commission (CPSC), has issued a voluntary recall of many different types of cribs. The product recall is for the company to replace slatted panels and drop side hardware. A total of 635,000 crib units are involved in the product recall. Dorel Asia is also offering free repair kits.

This product recall has been gaining extra attention because of the number of child injuries reported. A total of 67 incidents were reported and 10 children were bruised or scratched. The press release from Dorel Asia also mentioned an infant death that may have occurred in a Dorel Asia crib. The company stated that the circumstances surrounding this tragic infant death were highly unusual.

Continue reading "Clarification on crib recall" »

The attorneys at Levin & Perconti just read about several product concerns and wanted to make our readers aware. Read below to learn about the recalls and other warnings.

First, look out for the safety of your pets! The Food and Drug Administration (FDA) recently issued a warning that dog treats may be contaminated with salmonella. Merrick Pet Care’s pet food may be contaminated with salmonella; click here to read more about the possible salmonella contamination in the dog treats.

Continue reading "Time to check your products for recalls and dangers" »

Product liability victims – including many consumers who thought they were purchasing antibiotic free chicken - can receive cash and coupons under a proposed product liability settlement to a class action lawsuit that a judge is currently pondering. The class action product liability lawsuit contends that the nation’s largest poultry producer falsely promoted its birds as being raised without drugs. Consumers could receive refunds of up to $50 per household.

People have started paying extra attention to the food they eat after doctors and researchers have expressed concern that animal receiving antibiotic treatment could lead to drug-resistant “superbugs” dangerous to people. Most major chicken producers use antibiotics to keep their poultry healthy, which many worry may hurt consumers’ health in the long run.

To read more about the product liability settlement, click here.

Many medications, including antibiotics, are prescribed to people based on dosage recommendations that do not account for individual body mass. According to a recent editorial, this pharmaceutical system is outdated. Children’s dosages are generally calculated according to body mass. However, for adults, there is no such system in place. One expert pointed out that under current practices a 200 pound, 6 foot 2 inches man receives the same antibiotics as a 124 pound, 5 foot woman with the same condition.

Check out the blog here on Time to read more about this interesting issue.

Last week, three personal injury lawsuits were filed against drugmaker Pfizer, Inc. The injury lawsuits allege that Pfizer’s smoking cessation drug Chantix caused people who took the drug to attempt suicide – and some succeeded. Two of the lawsuits allege that the plaintiffs tried to kill themselves as a result of the drug and the third, a wrongful death lawsuit, claims that the decedent committed suicide after using Chantix. The lawsuits contend that at the time that the individuals took Chantix, Pfizer did not inform physicians or patients about dangers it knew were related to the drug. Some dangers that the lawsuit alleges were related to the drug were depression and thoughts of suicide. Pfizer did subsequently add warnings to its package insert; however, the injury and wrongful death lawsuits allege that the drug’s label is still inadequate.

As background info, the Chantix drug hit the market about 3-4 years ago. Chantix was supposed to be a huge multibillion dollar product and revive profits. But, the drug’s sales fell off as concerns about the product’s serious side effects increased. The lawsuits seek punitive and compensatory damages in addition to medical and legal expenses. The wrongful death lawsuit also seeks funeral expenses.

Click here to read more about the Chantix injury lawsuits.

House Bill 4931 amended the Code of Civil Procedure to do three things: 1) Requires "any person" who files more than 10 civil actions a year seeking money damages against natural persons to attach a new statutory notice to the summons. If the action is based on an assigned claim, it requires the notice to state that the written assignment must be attached to the complaint as an exhibit or recited therein and that the defendant is entitled to a copy of all assignments of the debt. (2) Prohibits a court from entering a judgment unless plaintiff complies with the assignment section (Sec. 2-403). This includes actions in small claims. (3) If a plaintiff recites in the complaint that the proceeding is based on a written assignment, a copy must be provided to the defendant if he or she requests. This bill has been assigned to the house rules committee and would have a great impact on Illinois lawyers.

The Chicago Tribune reported this week that the United States government is planning on cracking down on dangerous child products – aiming at toxic metals in child products. In addition to federal watchdogs, Illinois watchdogs have opened a new challenge trying to keep poisons out of Chinese imported products. Regulators stated that Asian manufacturers cannot substitute other toxins for lead in children’s jewelry. Regulators have started a search into cadmium found in products around the United States. The U.S. Consumer Product Safety Commission will form standards to cover toxic metals in children’s products after the report of cadmium in children’s bracelets and pendants imported from China.

To read more about the dangerous child products targeted by the government crack down.

A series of products manufactured by a medical device manufacturer named Sybaritic Inc. have come under scrutiny after reports alleging that they were not cleared for approval by the U.S. Food and Drug Administration (FDA). Sybaritic makes medical products for skin and spa treatments and has agreed to stop production of the product in the United States until they are in compliance with FDA quality standards. While the company did not agree with the FDA allegations, they stated that they are cooperating with the FDA to resolve the issues raised in its complaint. The stop production agreement came after a consent decree reached between the U.S. Department of Justice and three of the medical device manufacturer’s top executives. The U.S. Department of Justice filed for an injunction last year and has said that companies need to comply with laws that are in place to protect consumer health from dangerous products.

Click here to read more about the FDA issues with some medical devices.

Levin & Perconti attorney Jeffrey Martin has obtained a settlement award of $607,500 for an Illinois child who lost a finger due to a nurse’s negligence. The child was born in June 2004, 10 weeks premature, and was placed in the hospital’s Special Care Nursing Unit. Although she was able to breathe on her own, she had to be fed intravenously through a peripheral IV line. Two days after the Illinois child was born, her mother got the chance to hold her newborn daughter for the first time. She noticed that the area around the insertion site was swollen and alerted a nurse who told her it was caused by the bandage holding the IV in place.

Continue reading "Levin & Perconti obtains $607,500 settlement for child’s injury " »

The Consumer Product Safety Commission has issued a product recall for military toy figures. The toys contain lead paint and consumers are advised to stop using the toys immediately unless otherwise instructed. Almost 2100 military toy figures were sold at Dollar Stores and other discount retail stores from 2008 through 2009. Violating the federal lead paint standard, the surface paint on the toy contains excessive levels of lead. If you think you purchased a recalled toy, visit www.jidetrading.com.

For more information on the military toy figures product recall, click here.

A product liability lawsuit has been filed against a drug maker and a treatment facility by the family of a man who allegedly died after being given contaminated blood thinner. The wrongful death lawsuit contends that the victim was given Heparin during treatment. After a month of treatments, the wrongful death victim had an adverse reaction to the medication and died. The product liability lawsuit alleges that the facilities in China where the drug was manufactured did not meet U.S. regulations. The wrongful death lawsuit seeks damages for medical and hospital expenses, loss of income, physical and mental pain and suffering, loss of enjoyment of life, funeral and burial expenses, pecuniary losses, loss of advice and counsel, loss of services, loss of inheritance, and loss of companionship and society.

Click here to read more about the product liability lawsuit against the drug maker.

A woman has filed a personal injury lawsuit against a college for a pencil injury suffered when she was in school. While the injury lawsuit has sparked outrage in the community, the plaintiff has defended her right to seek justice through compensation. Others have pointed out that legal safeguards are in place to ensure that no frivolous actions are successful. The personal injury plaintiff alleges that she suffers numbness and cramps in her right forefinger which have hurt her ability to work as a hairdresser and type on the computer. The personal injury lawsuit is claiming $25K for pain and suffering, $70K for lost earning capacity, and $500 for out of pocket expenses.

To read more about the pencil injury lawsuit.

Doria v. The Village of Downers Grove, No. 2-08-0821 (12-29-09) affirmed that the plaintiff fell while removing package from the car which he parked near the store building, where the gravel area and the roadway converged, and alleged that the fall was a result of four-inch difference in elevation between gravel area and an adjoining street. The nature of the gravel lot and surrounding area indicate that gravel area was not intended to be used as parking lot, and the Plaintiff demonstrated no historical use to indicate that gravel lot was so intended; thus, Village not liable under Section 3-102(a) of Tort Immunity Act. This case will impact premises liability in Illinois law.

Drawing national media attention, the Food and Drug Administration (FDA) seized $1 million in food from a plant this week. The FDA marshals seized bulk food restaurant contaminated products in value of more than $1 million after inspectors discovered signs of rodent infestation. One publication reported that the officials seized all foods that are regulated by the FDA, including rice, fresh produce, and frozen food products. Reports indicated that the company had initially received a warning letter and a follow-up inspection found additional indicators of contamination.

Click here to read more about the food seized from the food processing plant.

Unfortunately, the attorneys at Levin & Perconti read today more disappointing news regarding the ongoing product liability issues with the Chinese drywall in homes that have caused personal injuries, odors, and corrosions. Some experts believe that the problems with the drywall may be caused by the failure to remove sulfur and contaminants from synthetic gypsum. New evidence now suggests that builders knew of the Chinese drywall product liability problems as early as 2006. An investigation has found that some of the Chinese manufacturers who made the tainted drywall are still producing it by the truckload, and probably without any new safeguards in place.

Continue reading "Another Chinese drywall update: evidence that builders knew of problems in 2006" »

For a product liability story that never seems to end, a recent report stated that an additional Chinese drywall builder alleged to have used the tainted drywall in building homes has been confirmed. Bradenton-based Medallion Homes, which has constructed homes for over twenty years, has been confirmed as one of the builders now known to have used drywall manufactured in China. The builder has been named as a product liability defendant in a massive defective drywall lawsuit filed against the Chinese company. The product liability lawsuit now contains more than 2,000 affected homeowners from four states.

Continue reading "Additional Chinese drywall builder confirmed " »

A man whose 5-month-old son died last summer has filed a $5 million wrongful death lawsuit against the maker of hammock-like baby beds. The wrongful death lawsuit contends that the bed, made by Amby Baby USA of Minneapolis, was a defective product and a dangerous product. The wrongful death lawsuit also alleges that the hammock led to the suffocation death of his son in August. The death of the infant and a 4 month old led to the December 8 recall of about 24,000 Amby Baby Motion Beds. The Consumer Product Safety Commission (CSPC) has stated that the side-to-side shifting or tilting of the hammock could cause an infant to roll and become trapped or wedged among the hammock’s fabric or mattress pad, posing a suffocation risk to babies.

To read more about the baby hammock wrongful death lawsuit.

ChicagoBreakingNews.com has reported that an Oak Brook Illinois company has agreed to pay a $1.25 million civil penalty for importing and selling toys that contained too much lead in the paint. The product liability fine is part of a settlement that the Illinois company reached with the U.S. Consumer Product Safety Commission. The U.S. CPSC claims that the Illinois toy seller and its Learning Curve Brands, Inc. unit knowingly imported and distributed various Thomas & Friends wooden railway toys with paints or other surface coatings with excessive lead levels. The U.S. Consumer Product Safety Commission indicated that this is the second biggest civil penalty ever imposed against a toymaker.

Continue reading "Illinois toymaker to pay $1.25 million fine over lead in paint" »

An injury lawsuit is set for trial this week regarding a boy who fractured his skull after a 13-foot fall at a museum. The injury accident occurred in 2006 when the personal injury victim was in fifth grade. He fell from a museum’s outdoor jungle gym. The personal injury victim’s mother says that Multi-Resonance Imaging (MRIs) show that the injury victim suffered traumatic brain injury and has struggled since to keep up in school.

His mother stated that it is devastating as a mother to know that her son’s trip to an outdoor jungle gym changed her son’s whole life. The child was climbing a stacked metal structure when he fell onto a walkway. His mother recalls that she heard sirens and all of a sudden she saw everyone was looking down over a railing, which is when she panicked. Experts have determined that the injury victim will suffer a lifetime of economic loss in excess of $400,000. Through her injury lawsuit, the injury victim’s mother says that she wants to make the museum a safer place. The museum has filed a countersuit against the injury victim’s parents, claiming that they failed to adequately supervise their son.

To read more about the museum injury trial set for this week, click here.

A restaurant patron has filed a personal injury lawsuit and premises liability lawsuit against an establishment where she claims that she was clobbered by a fallen stuffed moose head. The personal injury lawsuit alleges that while the personal injury victim was dining and drinking at a restaurant late one night, a giant moose head had become dislodged from the wall and struck her on the head.

According to court documents, the moose head weighed approximately 150 pounds, with antlers spanning over three feet. The stuffed head contributed to the restaurant’s Scandinavian theme and the blow resulted in personal injuries such as a concussion, chronic neck pain, fatigue, dizziness, embarrassment, and anxiety. The personal injury lawsuit seeks unspecified damages from the eatery for failing to ensure that the plaintiff and other patrons would not be struck by loosely affixed moose head.

For more information on the restaurant moose head lawsuit.

In cooperation with the Food and Drug Administration (FDA), McNeil Consumer Healthcare has expanded their product recall of Tylenol Arthritis Pain Caplet 100 count bottles with the red easy-open cap. The pharmaceutical company had initially recalled the product in November 2009 due to consumer reports of an unusual moldy smell of the pharmaceuticals that made reported consumers queasy, have stomach pain, caused vomiting, and diarrhea. All consumers are advised to stop using the pain caplets and contact McNeil to receive a refund or replacement bottle at 1-888-222-6036.

Click here for more information on the Tylenol recall.