Illinois Injury Lawyer Blog

ESPN reported that the family of a major league baseball prospect who was killed in 2001 in an SUV rollover accident after leaving spring training won a multi-million judgment against the Ford Motor Company. The baseball prospect died from personal injuries sustained when his Ford Explorer SUV veered off of the highway and rolled over. The family contended that the Ford Explorer is defective and unreasonably dangerous for its users. Plus, the family added that the SUV was dangerous for the uses for which it was marketed because the vehicle has an unreasonable tendency to roll over when used as Ford marketed it to be used – as a station wagon replacement. The vehicle was also defective and unreasonably dangerous from an occupant protection or crashworthiness standpoint because the safety belt failed to remain locked and permitted the wrongful death victim to be thrown from the car and killed.

While rollover accidents do not occur as frequently as other types of car crashes, when they do occur, they often result in serious personal injuries or deaths. SUV rollover accidents accounted for more than 10,000 fatalities in the United States in 1999, which is greater than side and rear motor vehicle accidents combined. More than 90% of rollovers occur after a driver runs off of the road, like the major league baseball prospect discussed above. Drivers roll over the pavement after the driver has lost control of the vehicle; the pavement, a ditch, soft soil, curb, or other tripping mechanism usually initiates the rollover accident once the vehicle slides off.

More information on the wrongful death verdict is available at ESPN.

The New York Times addressed that the United States government is now focusing on the use of antibiotics in farm animals. The use of antibiotics to health animals is routine on large, concentrated farms that dominate American agriculture. However, the practice is now increasingly condemned by medical experts who state that there is food safety issues with the use of antibiotics with farm animals. Medical experts are warning that the antibiotics contribute to a growing scourge of modern medicine – the emergence of antibiotic-resistant bacteria, including dangerous E. coli strains that account for millions of bladder infections every year, as well as resistant types of salmonella poisoning and other microbes.

The Food and Drug Administration (FDA) now appears to be poised to issue its strongest guidelines on animal antibiotics yet, intended to reduce what it calls a clear risk to human health. The guidelines are voluntary and will not have the binding force of regulations. The guidelines would end farm uses of the drugs simply to promote faster animal growth and call for tighter oversight by veterinarians. The final announcement from the FDA is expected within months, which coincides with increasing attacks against so-called factory farming.

The antibiotics used in farm animals and their effect on the food products that we eat are a serious issue. As the Chicago product liability lawyers at Levin & Perconti are well-aware, salmonella poisoning and food product issues regularly result in many personal injuries. Just earlier this summer, the Chicago Tribune reported that several people received Illinois personal injuries after a salmonella food poisoning outbreak a the Skokie Country Club.

Follow the link to the New York Times to read more about the expected FDA guidelines on the use of antibiotics in farm animals.

In the wake of a voluntary product recall on August 26, DePuy Orthopaedics, a division of health care giant Johnson & Johnson, is now facing a number of class action and individual lawsuits surrounding the ASR XL Acetabular System for hip replacements. The Champaign News-Gazette reports that 13 recipients of the hip implants in Illinois have sued the manufacturer after having to endure unnecessary pain, complications and corrective surgeries that required ongoing rehabilitation.

According to the DePuy Orthopaedics website, one in eight patients who received the ASR hip replacement have had to go back under the knife for a revision surgery. Hip replacement surgeries typically require extensive recovery and rehabilitation and many of the Depuy hip implant recipients must endure this process twice because of the faulty design of the metal hip implant.

The article notes that doctors at the Carle Foundation Hospital in Champaign performed almost 300 hip replacement surgeries using the DePuy hip systems. A hospital spokeswoman said that ten percent of these patients were forced to endure a correctional surgery. A physician at the hospital recalls that the DePuy system was widely used when it was first developed because it was metal and thought to be more durable. However, two years later, he began to see a pattern of issues and discontinued use of the DePuy hip implant system.

In these cases, the root of the problem was the design of the device. Metal particles from the implant can rub off of the device over time, causing damage to the tissues surrounding the implant. When this occurs, patients experience pain and difficulty walking.

When manufacturers create faulty products and injuries occur, it is crucial that companies are held accountable for their negligence in the design, marketing and manufacturing of defective medical devices and consumer products. If you or a loved one suffered further injuries or complications due to the defective DePuy hip system, you may be entitled to compensation for your pain, suffering, economic losses or medical bills. Contact Levin & Perconti to discuss your potential case with a DePuy hip implant lawyer by phone at 877-374-1417 or by completing our online contact form. We have represented victims injured by defective medical devices and products and can help you receive fair and reasonsable compensation.

http://www.levinperconti.com/lawyer-attorney-1668889.htmlThe USA Today recently revealed a hip replacement product recall that may affect many consumers. Johnson & Johnson’s artificial joint business DePuy Orthopaedics issued a hip replacement product recall of the ASR™ XL Acetabular System and DePuy ASR Hip Resurfacing System. The recall comes only two days after the government warned that Johnson & Johnson has been illegally marketing two other products, marking the eleventh Johnson & Johnson product recall since September 2009.

The DePuy hip implant recall is being issued because data that is about to be released showed higher-than-expected rates of patients needing a second hip replacement procedure after receiving the ASR™ XL Acetabular System or DePuy ASR Hip Resurfacing System. This is a big issue because hip replacement is a major surgical procedure where the hip joint is replaced by a prosthetic implant. Recovery generally takes two to four weeks to walk with a cane and four to six weeks to walk unassisted. Here, with these artificial hip replacements, one in eight patients will need a revision surgery within five years. That is required when an artificial joint does not fit perfectly, causing pain and difficulty walking.

Johnson & Johnson earlier issued a product recall of millions of Acuvue TruEye contact lenses sold in Asia and Europe because some users complained of stinging or pain when they inserted the lenses. Johnson & Johnson remains under scrutiny by the FDA, Congress, and federal prosecutors over eight previous U.S. recalls of nonprescription medicines since last September, including millions of bottles of Tylenol, pain relievers, and cold medicines for children and adults.

To read more about the DePuy hip replacement product recall, visit USAToday.com. If you believe that you or a loved one may have suffered injuries because of a faulty DePuy hip replacement device, contact a Chicago injury lawyer at Levin & Perconti. We have experience representing victims who have suffered injuries or death due to poorly- designed and poorly-manufactured medical devices, and may be able to help you recover damages for lost wages, pain, suffering, disfigurement and medical bills. All consultations are free and confidential, and there are no fees unless we successfully resolve your case.

It only took jurors about 10 minutes to return the misdemeanor guilty verdict for reckless driving because the defendant was texting. The Chicago car accident lawyers at Levin & Perconti think that is a very fast verdict – usually jurors take a bit longer to review the law and deliberate.

According to recent car accident statistics, talking on a cell phone causes nearly 25% of car accidents and one-fifth of experienced adult drivers in the United States send text messages while driving. Text messaging is a huge distraction; and in 2008, almost 6000 people were killed and a half million received personal injuries in car accidents related to distracted drivers. Recent studies concluded that texting while driving is 6 times more likely to result in a car accident than driving while intoxicated. A 2007 survey revealed that 19% of motorists say that they text message while driving. A 2002 calculation by the Harvard Center for Risk Analysis calculated that 2600 people die each year as a result of using cellphones while driving and another 330,000 receive personal injuries. Different studies have found that texting while driving causes a 400% increase in time spent with the eyes off of the road.

Illinois law regulates text messaging while driving, banning it entirely, in order to lessen distracted drivers more prone to Illinois car accidents. The Illinois law states that a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message. As for the defendant who was found guilty in 10 minutes, there will likely be similar prosecutions for text messaging while driving in the future. But, obviously, the prosecution is awfully compelling when the offender is a bus driver, entrusted with the safety of the occupants of the vehicle.

To read more about the text messaging verdict, follow the hyperlink.

The Food and Drug Administration (FDA) has issued warnings to five individual e-cigarette distributors, stating that it intends to regulate electronic cigarettes and related products, since they are considered both a drug and a device under federal law. The FDA indicated that the distributors committed violations of the Food, Drug, and Cosmetic Act due to unsubstantiated claims and poor manufacturing practices. The FDA described that it intends to regulate electronic cigarettes as it does other potentially dangerous products to protect the public health.

With products encountering consumers at extremely high rates, consumers depend on the FDA to regulate potentially dangerous and unsafe products. In recent past, product liability lawsuits have filled in the gaps where the FDA was unable to regulate. Here, for e-cigarette distributors, the regulation is governed by the New Drug Application process. The New Drug Application process is the means in which drug sponsors formally propose that the FDA approve a new pharmaceutical drug product for sale and marketing in the United States. Prior to filing an New Drug Application, applicant firms submit to the FDA an Investigation New Drug application, in order to legally gather information on investigational products during animal and human clinical trials.

What happens, though, when a manufacturer fails to file such an application? For an example of what happens with the lack of regulating, look to the dietary supplements. By law, the manufacturer itself is responsible for ensuring the safety of a dietary supplement before it is marketing. Unlike drug products like the e-cigarettes that must be proven safe and effective for their intended use before marketing, there are no provisions in the law for the FDA to approve dietary supplements for safety or effectiveness before they reach the consumer. It is situations like these where injured plaintiffs may seek the assistance of a product liability lawyers like the attorneys at Levin & Perconti. Product liability lawsuits help to hold manufacturers of dangerous products accountable.

Follow the link to the FDA website to read the product warning letter.

A Naperville wrongful death lawsuit has been filed following a pool death in Crete, Illinois. The mother of the Naperville victim filed an wrongful death lawsuit against the owner of the Crete property. The 23 year-old wrongful death victim was killed when he dove into a 4-foot-deep pool in June at a home in Crete. The Naperville wrongful death lawsuit was filed in Cook County Circuit Court. The 23 year-old Illinois man was pronounced dead on July 1 at Advocate Christ Medical Center in Oak Lawn, Illinois. An autopsy revealed that the 23 year-old died of ischemic bowel, which means inadequate flow of oxygenated blood to the large intestine and cervical injuries from the Illinois diving accident. The wrongful death lawsuit alleges that the Crete homeowner invited the victim to his home and allowed people to dive into the pool without warning them that it was only four feet deep. Additionally, the Cook County wrongful death lawsuit claims that the homeowner failed to monitor pool activities. The Cook County lawsuit seeks more than $100,000.

Unfortunately, wrongful death accidents like the one described above are not entirely uncommon. In 2009, a jury awarded a family $3.8 million in a pool drowning lawsuit against a hotel for the death of a 19 year-old football player. The football player suffered severe personal injuries that resulted in wrongful death while swimming in a hotel pool. Cook County wrongful death lawsuits are filed on behalf of victims who die due to the negligence of another individual.

Visit Suburban Chicago News to read more about the Naperville wrongful death lawsuit.

The executors of the estate of an 88 year-old wrongful death victim killed after a golf-cart accident at an Illinois casino are suing the casino company. The 88 year-old Illinois woman passed away after a Rock Island casino employee hit her with a golf cart last June in 2009. The Illinois wrongful death lawsuit alleges that the Illinois casino employee was negligent in driving too fast and for failing to properly warn the 88 year-old victim that the golf cart was approaching toward her. The Rock Island wrongful death lawsuit also claims that the casino did not provide the employee with adequate training on golf cart safety. The employee involved in the accident has not been criminally charged. The Illinois lawsuit seeks at least $100,000 in damages.

Rock Island, Illinois, is about three hours west of Chicago. Rock Island is located on the Mississippi River, is known as one of the Quad Cities. The population was just under 40,000 at the 2000 census. The casino defendant is a Quad Cities riverboat casino gaming on the Mississippi River.

Wrongful death lawsuits are often filed on behalf of the families of victims killed due to the negligence of others. The Illinois wrongful death lawsuits can seek damages such as expenses associated with deaths, lost benefits, loss of inheritance, pain, suffering, mental anguish, loss of companionship, and punitive damages. The Chicago injury lawyers at Levin & Perconti have successfully handled numerous wrongful death cases and recovered several successful settlements for the families of victims.

Follow the link to read more about the Rock Island wrongful death lawsuit.

Chicago CBS2 investigators have recently talked to a mother of a young man who died after falling off of a Lincoln Park deck in 2007. Chicago injury lawyer Steven M. Levin was also interviewed during the report. The mother of the Chicago wrongful death victim highlighted the importance of the height of porch railings. The railing accident that fatally injured her son happened four years after the infamous porch collapse that killed thirteen people. The city responded to the porch collapse by strengthening porch building codes. According to Chicago building codes, new porch railings have to be 42 inches high. But, CBS2 reports that there are thousands of old decks around Chicagoland that are not yet up to code.

The railings on the porch where the 24 year-old man died after falling in 2007 were only 32 inches in height. The 24 year-old man fell, suffered serious head injuries, and died six months later. Chicago wrongful death lawsuit attorney Steve Levin explained that the “10-inch difference in this case was the difference between no accident and serious injury or tragic death.” A Chicago wrongful death lawsuit has been filed by Levin & Perconti on behalf of the family of the victim, charging the owner of the building with negligence. Documents show that in the years preceding the accident, city inspectors found various porch code violations at two other buildings owned by the defendants. One of the violations included the height of the guard rails.

The city’s Building Department advises Chicago residents to take action to avoid personal injuries. Measure your railings if you are concerned. If the railing is less than 42 inches in height, you should contact your landlord and call 311 to file a complaint.

Follow the link to watch the video about the Chicago porch safety featuring Chicago negligence lawsuit attorney Steve Levin.

Lawyers and courts throughout America are becoming more tech-savvy. The Chicago personal injury lawyers at Levin & Perconti are blogging, as our readers are well-aware. Cook County judges are strict about the use of cell phones in the courtroom and judges around the country are beginning to confiscate smart phones during court. As one can imagine, social networking is dangerous when jurors are entrenched in a case. One recent case of juror social networking mishap happened when a juror was filed $250 by a court for posting on her Facebook page that she thought the defendant in the trial was guilty – and she posted that before the defense even presented its case! In addition to the fine, the witness was required to write an essay on the Sixth amendment. The Sixth amendment guarantees defendants the right to a fair trial.

Unfortunately, this is not an isolated incident of jurors wrongfully commenting on the cases which they are deciding on social networks. A juror in a negligent homicide sent a “friend” request to one of the witnesses in the trial on which he served. Another incident involved a group of jurors (five) who continued to post messages about their service on the corruption trial of a local politician despite warnings and instructions from the judge not to do so. The facebook postings are serving as the defendant’s basis for appeal. Two years ago, a juror in England was dismissed after polling her friends about whether to convict a defendant. Almost ten percent of judges reported witnessing jurors using social media profile sites, microblogging sites, or smartphones in the courtroom. Individuals who have served as jurors know that judges have warned against discussing the case with outsiders during deliberations. These warnings now include warnings against sharing courtroom information on social media.

To read more about the misuse of social networking on juries, visit DailyFinance.com.

The Chicago personal injury lawyers at Levin & Perconti are happy to report good news: recent reports show that fatalities have dropped almost 10% from 2008 as the number of traffic-related deaths dip to their lowest point since 1950. Although Americans drove slightly more in 2009 than 2008, traffic-related deaths were down 9.7% in 2009 and at their lowest number since 1950. Illinois traffic deaths were reported to be down 13%. The Chicago Tribune reported that the number and rate of personal injuries were the lowest recorded deaths since 1988, when the National Highway Traffic Safety Administration first began estimating personal injury data. Additionally, motorcycle fatalities also declined for the first time in eleven years.

Alcohol-related fatalities also dropped 7.4%, but drunk driving was still a factor in almost a third of more than 30,000 traffic deaths every year. One individual from the advocacy group Public Citizen said that the poor economy may explain the lower death and personal injury rates related to automobile accidents. They say that when the economy is down, discretionary driving stops substantially. The people who are driving, according to Public Citizen, states that the drivers are more serious and more careful. Another factor may be improvements in car designs. Manufacturers now build SUVs that are lower to the ground, making them more resistant to rollovers, which are extremely deadly.

Follow the link to the Chicago Tribune to read more about the decrease in car accident injuries.

The family of a man who died after a kickboxing match has filed a wrongful death lawsuit against the gym and trainer who managed the match. The wrongful death victim was only 27 years of age and had fought in a competition featured by the gym. The victim’s family alleges that the owner of the gym is at fault for the victim’s death because he should not have been allowed to fight in the match. The family says that the wrongful death victim had received personal injuries a few days earlier in a practice. The wrongful death lawsuit claims that the 27 year-old victim suffered repeated trauma to his head during the fight, which aggravated that prior personal injury. The family is seeking lawsuit damages in excess of $25,000. The owner of the gym’s husband said that he had never seen the victim practice at the gym, but added that the wrongful death victim’s family often visited the facility’s paintball range. He also stated that he believed the victim entered the competition as an independent fighter.

Wrongful death lawsuits may be filed when a death has been caused by the fault of another person. In addition to the incident described above, wrongful deaths also include deaths caused by drunk driving, a defective or dangerous product, the construction of an unsound structure or building, or failing to diagnose a fatal disease. The Chicago injury lawyers at Levin & Perconti have successfully handled numerous wrongful death lawsuits and recovered millions of dollars in verdicts and settlements for victims and their families.

More information on the wrongful death lawsuit is available at KSDK.com.

During the winter of 2008, tragically after Christmas, the strangulation death of a child by a Tots in Mind crib tent became the first to be investigated by the United States Consumer Product Safety Commission. According to the CPSC, the child – who was two years of age – was found hanging with his neck entrapped between the play yard frame and the metal base rod of the tent that had been partially tied by pieces of nylon rope and partially attached by clips. The family of the wrongful death victim had improvised the nylon ties because the child was able to pop off the clips. The crib tent attaches securely to all standard cribs and includes a large soft zipper to open and close. In July, the Consumer Product Safety Commission and the Tots in Mind crib tent manufacturer finally announced a product recall featuring a repair remedy for the attachment clips.

One product safety blog highlights that this case points out two weaknesses in the regulatory framework meant to ensure the safety of juvenile products. First, this case involved an entirely too long gap between the time when the product was found to be hazardous and the product recall. Part of the reason that the product recalls take so long is because the CPSC is always pushing to get the company to agree to do a product recall. However, the CPSC can alert the public through product warnings, prior to issuing a recall, which would inform the public and hopefully prevent further harm. Additionally, this case highlights the difficulty in dealing with baby products that are not encompassed in the CPSC regulations and are not manufactured to any voluntary or mandatory product safety standard.

To read more about the crib tent product recall, follow the hyperlink.

Chicago injury lawyer Steven M. Levin and associate Scott J. Richard of the personal injury firm Levin & Perconti filed an Illinois wrongful death lawsuit against Hinsdale nursing home ManorCare Health Services in the Circuit Court of Cook County on Wednesday. The Chicago nursing home lawyers filed the lawsuit on behalf of the family of a 74 year-old woman who died of acute renal failure caused by dehydration less than one month after being admitted to the nursing home’s special dementia unit. The Illinois Department of Public Health has cited the nursing home for improper care.

The nursing home neglect victim suffered from Alzheimer’s disease, but was ambulatory, active, and alert. Upon admission to Manorcare, the 74 year-old woman was happy; but within forty-eight hours, she was prescribed Ativan, a sedative, and four days later Seroquel, an anti-psychotic. Nonetheless, the staff at the Illinois nursing home assured the woman’s family that she would not be overly sedated. They also assigned the victim to a wheelchair with a restraint, explaining to the family that it was only a temporary measure until the 74 year-old woman became comfortable at the facility. However, in the days following the admission, the 74 year-old woman’s family noticed that she was excessively drowsy and confused. Her condition quickly declined; she began losing weight and having trouble swallowing.

Chicago personal injury attorney Steve Levin stated that the nursing home’s “deliberate misuse of medication caused her to become so dehydrated that her kidneys failed. ManorCare had a duty to protect her well-being and dignity, but neglected to monitor her condition or provide her with even the basic necessities.” The victims son told the TribLocal reporter that he knows a lawsuit will not bring his mother back, but he and his family felt compelled to let others know of the potential hazards at nursing facilities.

The Chicago Tribune discussed that the family seeks damages in excess of $50,000 on each of the seven counts in the Illinois nursing home neglect lawsuit. Suburban Life Publications contacted ManorCare who stated that once they receive the lawsuit, they will review it and respond accordingly.

More information on the nursing home abuse lawsuit is available at the Levin & Perconti website. Additional details on the wrongful death lawsuit and the nursing home neglect are also available at Chicago Tribune, TribLocal, and MySuburban Life.

As those of us in Chicago are well aware, Transformers 3 has been forming in the Chicagoland area for the past month. Unfortunately, the filming brought tragic news earlier this week when a movie extra was hospitalized after suffering a serious head injury during a stunt. The stunt was being filmed in northwest Indiana, according to police. The female extra received the personal injuries around 7:00 p.m. when an object went through the windshield of her 2006 car on Cline Avenue in Hammond, Indiana, just northeast of Chicago. She was an extra in the movie, but was not a member of the trained specialized stunt personnel.

The car hit a concrete median barrier and continued for almost a mile before stopping. The vehicle involved in the workplace stunt during the Transformers 3 filming had extensive damage to the driver’s side; the Illinois personal injury victim was airlifted to Loyola University Medical Center in Maywood, Illinois. The film crew stopped filming after the personal injury accident.

Although it is unclear whether the extra was employed by the filmers or was working as an independent contractor, the Chicago personal injury lawyers at Levin & Perconti want to remind you that you have a right to a safe and healthful workplace. Those who suffer personal injuries on the job may be eligible for benefits under workers’ compensation coverage.

More information is available on the extra's personal injuries at Chicago Sun-Times.

A wrongful death lawsuit was filed after an infant son died because he was exposed to deadly chemicals escaping from the BP refinery after the oil spill. The wrongful death lawsuit seeks $10 billion from BP. The mother of the infant victim states the six-month-old son died in June from symptoms connected with pneumonia, which the wrongful death lawsuit alleges were worsened by lengthy exposure to the more than 500,000 pounds of chemicals released at the refinery between April 6 and May 16.

The BP wrongful death lawsuit states that while his mother worked, the infant was cared for at his aunt’s house, which is a mile from the refinery. The emissions allegedly began when the hydrogen compressor in the unit went offline. The plaintiff claims that after the chemical release began the child began to have a runny nose, a bad cough, and mucus in his eyes. The victim’s mother states that she took him to three area hospitals and physicians at each facility were unable to find the cause of his illness.

Wrongful death is a legal term for a death that has been caused by the fault of another person. Damages can be recovered in wrongful death lawsuits that include expense associated with the death, lost benefits, pain, suffering, or mental anguish suffered by the survivors, and loss of companionship. Punitive damages are also occasionally available. In addition to the wrongful death lawsuit described above, a personal injury class action lawsuit has already been filed against BP over the alleged chemical leak on behalf of thousands of oil refinery workers and residents who lived near the facility.

Read more about the BP wrongful death lawsuit by clicking the link.