Illinois Injury Lawyer Blog

Illinois products liability law holds manufacturers of products liability for the goods they produce and distribute to the public. Companies are responsible for testing their merchandise prior to putting it the market for public consumption, and ensuring that the goods are safe for consumer use.

Customers have an inherent right to expect that products they buy at retail stores aren’t unreasonably latently hazardous. When dangerous or defective products are sold to consumers and those products cause injury, illness, death, or any other kind of harm to the customer, the producer of the good may be held legally responsible for the injury and may be required to pay for damages caused by the injury. Moreover, in some cases, Illinois personal injury law affords the opportunity for the trier of fact to award punitive damages, or damages that send a message to companies to be more careful when manufacturing their products.

When products are recalled from the market, the intention is to protect customers from potential harm caused by defective or dangerous products. Essentially, the idea is to prevent more harm and suffering on the part of the consumers. Nevertheless, the company may be held responsible, and the situation may give rise to an Illinois personal injury lawsuit.

ABC News recently reported that Hallmark Cards, Inc. is being held to answer for a house fire caused by one of their faulty products.

According to the latest reports, Auto-Owners Insurance has filed a lawsuit against Hallmark Cards for $1.8 million – the amount of money Auto-Owners Insurance paid after a defective Hallmark snow globe caused a fire that destroyed a home and all belongings within.

Hallmark Cards, Inc. is an American corporation that sells gifts, greeting cards, and keepsakes. Hallmark Cards is the largest manufacturer of greeting cards in the United States, and the company markets more than 48,000 products at any given time.

This particular product, a Jumbo Snowman snow globe was recalled from the market, following the house fire. Federal regulators investgaing the fire and the product for possible safety hazards found that, because of "inappropriate materials in the shell and interior fluid" of the globe, the snow globe had the potential to act as a magnifying glass concentrating light from the sun and cause fires. That’s exactly what happened to cause the house fire.

According to the U.S. Consumer Product Safety Commission, more than 7,000 of these particular snow globes were affected by the recall. They had originally been priced at $100 each, and were sold to consumers across the country.

The lawsuit, filed earlier this month on behalf of Auto-Owners Insurance against Hallmark Cards, accuses both Hallmark Cards and a Taiwanese subsidiary manufacturing company of negligence and product liability.

If a court finds that Hallmark Cards’ product is, in fact, responsible for the house fire, and that Hallmark Cards is liable for manufacturing and distributing a dangerous product, Hallmark could potentially be on the hook for a significant amount of money in damages.

Special laws are in place to protect consumers from injuries caused by unsafe products. If you or a loved one have suffered as a result of a dangerous or faulty product, you may be entitled to compensation under the law.

It’s a terrifying thought: a food company taking moldy food, reprocessing the rotten fare, and putting it back on the shelves for human consumption.

But that is exactly what has been happening. Our Illinois personal injury attorneys were concerned to read that the FDA released a statement saying that in at least eight instances last year, the food products manufacturer Snokist had reprocessed moldy applesauce and repackaged it for sale.

Snokist is an American fruit-processing corporation out of Washington state. Snokist products include processed baby foods, and processed fruit products that are distributed to schools across the nation for school lunches. In 2010, Snokist sold more than 3.3 million cases of processed fruit, representing sales of more than $53 million.

Last year, the FDA recalled Snokist applesauce from the nation’s schools after the products were cited as the cause of illnesses in school children who had consumed the applesauce at school. However this latest bad act is an entirely separate issue.

According to MSNBC, this latest violation was brought to the FDA’s attention during an inspection of Snokist’s packaging plant when officials noticed that “large, laminated bags of fruit products that were supposed to be sealed and sterile, instead were broken open and tainted with white, brown, blue, blue-green and black mold.” As per the FDA’s report, the investigation was instituted after a baby-food manufacturer returned dozens of bags of Snokist fruit because the fruit was infected with “a large amount of mold.”

In response to the recent reports, Snokist officials have admitted to “reworking” some of the moldy fruit for remarketing. Nevertheless, company officials also claimed that when moldy food is used, the ‘compromised’ part of the fruit is generally separated and destroyed, and the rest of the foodstuffs are heated to kill potential contaminants.

However, the FDA has stated that the tests Snokist uses to ensure the safety of the food during this process is not adequate. The FDA’s statement read: “Most mycotoxins are stable compounds that are not destroyed by heat treatment.”

FDA officials posted a warning letter to Snokist, regarding the fact that the company cannot ensure the safety of moldy applesauce and fruit puree that has been reconditioned for human consumption, and therefore is not allowed to disseminate it for public consumption.

Although there are some FDA regulations that allow food-processing companies to “recondition” food, the final product that is put on the market must be free from contamination. Additionally, contaminated product cannot be mixed into safe product to create more substance with passable levels of contamination.

Illinois product liability law requires that when corporations put a product on the market, they are responsible for ensuring that the product is safe for consumer use. This is especially true for food manufacturers whose merchandise has to be thoroughly inspected before it is allowed to be distributed to the public. When dangerous or contaminated foods harm consumers, the corporations may be liable for the injuries caused and may be legally responsible for damages caused by those injuries. This may give rise to an Illinois personal injury lawsuit.

The types of molds found in the Snokist fruit included Alternaria, Fusarium and two types of Pennicillium, all of which can cause illness in people. If you or a loved one have been sickened by a food product, seek immediate medical attention. Special laws are in place to protect consumers, and you may be entitled to compensation for your injuries.

Our Chicago personal injury lawyers were concerned to hear that the FDA has recently recalled Gentes Foods Gordita Black Bean Tortillas due to possible health risks to consumers.

As per the FDA’s statement, United Natural Foods, Inc. is recalling tortillas manufactured under their brand of Gentes Foods because they have the portential to be contaminated with Clostridium botulinum. Clostridium botulinum is a soil bacterium that can lead to Botulism poisoning in humans.

Botulism poisoning is a rare, but very serious, paralytic illness. One of the ways in which humans can be infected with botulism poisoning is by ingestion of the toxin on contaminated foods; however, once a person is infected, the disease does not transfer from person to person. When an individual is infected with botulism, symptoms typically present in a paralysis that begins with the muscles of the face and gradually spreads to the limbs. In the most deadly form of the disease, botulism leads to paralysis of muscles used for breathing, and eventually the victim may die of respiratory failure. Additionally, if the infected individual is unable to exhale, he or she may die of brain failure as a result of being able to expel the carbon dioxide.

Clostridium botulinum spores are very difficult to kill; they can survive the temperature of boiling water at sea level. As a result, many food manufacturers have to produce food in conditions that allow for a pressurized boil that achieves a high enough temperature to kill the bacteria.

To date, no reports of illnesses have surfaced from the tortillas, but poisoning from Clostridium botulinum can be potentially deadly. The World Health Organization reports that the current mortality rate following botulism infection is approximately 7.5% across the United States. Nevertheless, if treated in time, death can be prevented in victims of botulism poisoning. In serious cases, treatment may require a victim to be placed on a ventilator for weeks, as well as undergo additional forms of extensive medical care.

The products affected by the recall were distributed to Safeway and Pak N Save retail grocery stores, and can be identified by a white sticker applied to the packaging that reads “12 7 11.” This date code sold at other retail outlets has not been affected.

The FDA reports that the infected tortillas come in packages of six, and are vacuum packed in a clear sleeve. The package is approximately 10 oz in size, and an orange label is on a clear wrapper with white lettering. The products were contaminated as a result of a lack of temperature control during the distribution process.

Manufacturers of all types of consumer goods are responsible for ensuring that the products they distribute to the public are safe for human use. When injuries – or, as in this case, illnesses – arise from dangerous or defective products, the corporations who manufacture the products may be held legally responsible for the injuries that result.

In 2010, the Centers for Disease Control and Prevention released a report estimating that each year roughly 48 million people are sickened by a foodborne illness. Of those, 125,000 require hospitalization and 3,000 die after consuming contaminated foods purchased from retail stores or restaurants.

Victims of foodborne illnesses who suffer serious personal injury, hospitalization, or death may be able to seek compensation for economic and non-economic damages, if a manufacturer or distributer is responsible for the failure to contain the infection. Our Illinois personal injury attorneys have extensive experience handling Illinois food poisoning cases, including a $4 million settlement for three convention attendees who contracted salmonella poisoning that caused them to suffer crippling arthritic injuries.

If you or a loved one has suffered from a foodborne illness, seek immediate medical attention. Additionally, an attorney may be able to apprise you of your rights under the law.

A recent article by MSNBC reports that the National Highway Traffic Safety Administration said it's investigating fire risks associated with Chevrolet’s Volt automobile after the model caught fire in a government safety crash test.

Investigations seem to point to the vehicles lithium-ion batteries; as a result, the National Highway Traffic Safety Administration (NHTSA) is conducting additional testing on Chevrolet Volts, and has asked the manufacturers of other electric vehicles to provide information on the protocols they have established for discharging and handling their lithium-ion batteries. Continued investigations are being done for the purpose of discovering any potential methods of mitigating fire risks in electric vehicles.

The Chevrolet Volt is manufactured under General Motors’ (GM’s) brand of Chevrolet automobiles. General Motors is an American automobile manufacturing corporation, and is the second-largest automobile production company in the world. GM’s business extends to 157 countries, and sells automobiles under the brands Buick, Cadillac, Chevrolet, GMC, Opel, Vauxhall, and Holden.

GM spokesperson Greg Martin stated publicly that "this particular unique instance is nothing a consumer would experience in the normal operation of the vehicle." Although no similar fires have yet been reported by consumers of the Chevrolet Volt outside of testing conditions, the fact still remains that a potential for hazard still exists. A number of situations have arisen involving garage fires from Chevrolet Volts, but the NHTSA’s public statement asserted that the NHTSA does not believe the Volt or other electric vehicles are at a greater risk of fire than gasoline-powered vehicles.

When a company manufactures a product to be marketed to the public, the company is responsible for ensuring the safety of those products. There are three main types of Illinois product liability claims:

1. A manufacturing defect, which generally occurs when an otherwise safe product is assembled carelessly;
2. A design defect, which occurs when, no matter how well the product is put together, its intent or layout is inherently dangerous;
3. A failure to warn, which can occur when a product markets a product that they know to be potentially hazardous, and fails to warn consumers of the latent danger.

In the situation involving the Chevrolet Volt’s lithium-ion battery, the potentially hazardous battery is a form of a design defect. The corporation producing the product may therefore be held legally responsible if the product causes injury to consumers, even if the manufacturer was not negligent in making that product defective.

If injuries do occur outside of testing conditions and personal injury lawsuits are brought on behalf of victims of fires in Chevrolet Volts, the injured party must prove that the car manufacturer’s conduct fell below the current standards of care used in general practices of car manufacturing. Given that Chevrolet is now aware of this potential danger, they must take all appropriate steps to ensure the safety of their product, or else face the potential of liability if injuries arise from Volt fires.

Our Illinois personal injury lawyers have handled numerous Illinois products liability cases, including having won a $3 million settlement against a car manufacturer that improperly designed the fuel delivery system of a vehicle, resulting in a fuel-fed fire after a head-on collision that killed the occupants of the vehicle.

If you or a loved one have been injured as a result of a dangerous or defective product, contact an attorney immediately to be apprised of your rights under the law. You may be entitled to compensation for your injuries if the manufacturing corporation is to blame.

The FDA has just released a report recalling Kimberly-Clark’s brand of Kotex tampons from retail stores across the country. The recall affects stores in the Midwest region of the United States, and may potentially include tampons that have been distributed in Illinois.

Kimberly-Clark Corporation is an American company that manufactures and distributes paper-based consumer products in more than 80 countries. Among these products is the Kotex brand of feminine hygiene products, which includes several varieties of sanitary napkins and tampons.

The recall includes tampons with carton codes 15063 (18 count) and 15068 (36 count). These products include both 18-count and 36-count packages of the Kotex Natural Balance Security Unscented Tampons in the variety of Regular Absorbency. They were shipped to Wal-Mart stores and other retailers across the Midwest between October 29, 2011 and November 2, 2011. No other Kotex products or Kimberly-Clark products are affected by this recall.

The FDA’s report asserts that the tampons were manufactured with a raw material contaminated with a bacterium, Enterobacter sakazakii, which may cause health risks, including vaginal infections, urinary tract infections (UTIs), pelvic inflammatory disease or other infections that can be life threatening. Although there has been limited evidence demonstrating that the bacterium can be transferred between individuals, direct contact with the contagion, such as through tampon use, can lead to infection.

Although to date no reports have yet surfaced regarding injuries to consumers, if customers are in fact affected, Kotex, under the regulation of Kimberly-Clark would be responsible for damages caused by those injuries.

An important concept in Illinois personal injury law is the idea that companies are responsible for ensuring the safety of products that they put on the market. Corporations are expected to test their merchandise to ensure that the products conform with applicable safety regulations, and when dangerous and/or defective products are disseminated to the public, the companies may be held legally responsible for injuries that arise from the use of those hazardous products.

Stores that have received the infected tampons have been instructed to recall the dangerous product from shelves, and customers should return the defective tampons to their local retail store. Consumers who have used the affected tampons should consult a doctor immediately, especially if they are experiencing symptoms such as unusual vaginal discharge, rash, fever, headache, vomiting, or abdominal pains.

Our Chicago personal injury lawyers have handled a number of products liability cases on behalf of individuals across Illinois in matters against corporations or manufacturers who have sold or manufactured unsafe products to consumers. In fact, our lawyers obtained a $3 million Illinois personal injury settlement against a car manufacturer that improperly designed the fuel delivery system of a vehicle, resulting in a fuel-fed fire after a head-on collision which killed the occupants of the vehicle.

Dangerous products are a serious issue. As a consumer, you have the right to purchase a product without fear that it might be inherently dangerous. If you or a loved one has suffered injury as a result of a dangerous or defective product, contact an attorney immediately to be apprised of your rights under the law.

Our Chicago personal injury lawyers read with concern about the latest outbreak of E. Coli poisoning that sickened more than 27 people attending a state fair, reports MSNBC.

According to State Heath and Agriculture officials, a building at the state fair that housed goats, pigs, and sheep was likely the source of the contamination. Officials speculate that the permanent structure is a breeding ground for the E. Coli bacteria, and people were likely infected with the illness when they visited the live animal exhibit. State officials have also proclaimed that no other exhibits, activities, or foods at the fair were linked to the outbreak, which makes animal contact an even more likely culprit for infection.

Escherichia Coli, or E. Coli as it is more commonly called, is a type of bacteria known to cause illness in humans. The E. Coli bacterium originates from the lower intestines of warm-blooded animals where it serves to produce vitamin K. It most commonly affects humans by way of consumption of contaminated food, and it is transferred to food products by fecal contamination. In this case, however, it is likely that the disease was transferred directly from the animals themselves.

In this case, state officials and people who are responsible for putting on the fair would have the responsibility for ensuring that fair exhibits are free from contamination. The state could potentially be held liable for exposing citizens to a contagion, and could possibly be made to pay damages for the injuries suffered by the victims. According to MSNBC, officials with the State’s Division of Public Health have stated that they are working to identify additional protective measures for fairgoers in the future.

As a general rule, Illinois premises liability law covers situations in which a person suffers injury while on another person’s property. Property owners may be legally responsible for injuries that occur on their properties if there are potential hazards on the land and the owner either fails to correct them, or fails to warn people who come onto the land about the potential danger. This can be extended to include illnesses that are acquired on the land if there is a known source of potential contagion.

Although the symptoms of E. Coli poisoning vary based on the source of the contamination and the health of the infected victim, more dangerous strains of E. Coli can cause gastroenteritis, urinary tract infections, and neonatal meningitis. In rare, more virulent strains, the disease may present in the form of more serious illnesses such as septicemia, peritonitis, and even pneumonia. Persons at the highest risk for serious injuries associated with food poisoning are the elderly, infants, and adults with weakened immune systems.

People who suffer serious personal injury, hospitalization, or death due to accidents or injuries – or illnesses – that occur on the property of others may be able to seek compensation for their injuries from the property owners who are otherwise responsible for maintaining a safe environment on their property.

Our Illinois personal injury lawyers have handled numerous cases arising out of injuries that occurred on the property of others, and even won a $4 million settlement against a hotel chain, on behalf of three convention attendees who contracted salmonella poisoning that caused them to suffer crippling arthritic injuries.

As a general rule in Illinois premises liability cases, property owners and landowners are responsible for maintaining safe premises, and they can be liable for injuries that occur on their land as a result of either a failure to ensure safe conditions, or a failure to warn people who come onto the property of potential hazards on the land.

This principle also applies to Illinois workplace accident cases, which hold construction companies and their managing corporations liable for injuries that result because of unsafe working conditions at a construction site. Whether the injured victims are workers or not, the corporations are responsible for keeping the site free from hazard, and can be made to pay for damages that occur as a result of injuries that occur on the land.

That is exactly what happened to a woman who filed a case against Liese Lumber Company and Dumpster Dave, earlier this month. According to the Madison St. Clair Record, the woman filed the lawsuit after falling on mud near a construction site. The complaint alleges that the defendants failed to prevent mud from accumulating on the street, failed to clean the mud from the street, failed to properly supervise work performed at a construction site that led to the accumulation of mud, and failed to maintain safe premises. Although the woman wasn’t a worker on the site, the company responsible for maintaining the site may still be liable for the damage caused.

As a result of the fall, the woman sustained severe broken bones, physical and emotional pain and suffering, and incurred hospital and medical expenses for the treatment of her injuries. If the court finds that the defendants were, in fact, responsible for the failure to keep the area safe, they may be required to pay damages to compensate the woman for her hospital bills and the trauma of her fall.

Tragically, workplace accidents are all too common. However, special laws are in place to protect the health and safety of workers and people who enter onto lands owned and managed by others.

Our Illinois personal injury lawyers have handled a number of work site accident cases, and have even won $5.7 million settlement for a 27-year-old roofer who was paralyzed when he fell from a roof as a result of the general contractor's failure to provide appropriate safety devices, and an $840,000 verdict for a man who sustained a workplace back injury resulting in multiple surgeries. They also were successful in obtaining a $510,000 settlement against a restaurant which caused patrons to wait in area too close to steps leading to downstairs banquet area leading to a fall down the stairs resulting in a fractured hip and foot, causing the foot to become severely infected requiring a skin graft.

If you or a loved one has been injured on the job or otherwise injured on a work site, contact an attorney to be apprised of your rights. Special laws are in place to protect workers who have been exposed to unsafe working conditions.

A district court recently approved a $43 million settlement against state officials, on behalf of 1,128 people who fell ill from asbestos exposure from a former vermiculite mine. According to the complaint, mineworkers were exposed to the asbestos during work in the mine, and have since suffered a myriad of serious ailments, including cancer and early death.

Asbestos exposure cases are a relatively recent form of Illinois workplace injury cases and Illinois personal injury lawsuits. Before the health risks became apparent, asbestos was originally mined to use in construction of buildings. As a building material, it was sound-absorbent, and resistant to heat, fire, and electrical and chemical damage. As a result, manufacturers and builders regularly used it in the 19th century. Many workers were exposed both in the mines and in constructing buildings using asbestos.

Inhalation of asbestos fibers can lead to serious illnesses, such as lung cancer, asbestosis, and mesothelioma. The greater the exposure to asbestos, the higher the risk of associated health problems. When workers are exposed to asbestos in their work environment, the corporations for which they work may be liable for the injuries they suffer as a result of the asbestos exposure.

Mesothelioma is a rare form of cancer that most often occurs in the thin membrane lining the lungs or abdomen. Approximately 2,000 to 3,000 cases are diagnosed each year in the United States, and this rate is steadily rising. Mesothelioma can appear and progress very rapidly. However, it usually does not manifest itself until several decades after the first exposure to asbestos.

This monumental settlement is one of many that are paving the way for injury cases to be filed against workplace managers and managing corporations that expose their workers to the dangerous inhalation of asbestos toxins.

To date, a number of these injured workers have had their medical treatment paid by Medicare. Part of the money won in the settlement will go towards repayment of the Medicare liens and moneys spent, which will not only free up Medicare funds for other people who need healthcare funding, but will also hold the right people responsible for paying for treatment of the injuries that arose out of the unsafe workplace conditions.

Our Chicago personal injury attorneys have handled a number of cases involving unsafe work environments that led to worker injuries, including a $5.7 million settlement for a 27-year-old roofer in a workplace injury case who was paralyzed when he fell from a roof as a result of the general contractor's failure to provide appropriate safety devices.

If you or a loved one have suffered an injury at work – including exposure to asbestos – see a doctor immediately for medical treatment. Special laws are in place to protect employees from dangerous work environments, and a personal injury attorney may also be able to help you ascertain your rights under the law.

Our Chicago personal injury lawyers understand that cases of missed diagnosis are as dangerous as any other kind of medical malpractice. When doctors and other healthcare professionals fail to diagnose ailments as a result of either carelessness or failing to conduct the appropriate tests, those health professionals may be liable for injuries that occur as a result of their failures to act.

Illinois medical malpractice lawsuits arise when people are injured by careless or intentional acts on the part of a doctor, nurse, hospital, or other healthcare provider. Healthcare professionals owe a duty of care to their patients, and when that duty is breached – such as in situations where the provider fails to diagnose an illness – the failure is said to be a "tort," or civil wrong, which can provide the basis for a lawsuit. As a result, the healthcare professional or institution may be made to pay damages to put the injured person back in the position he or she was in prior to being injured.

According to the Madison St. Clair Record, a lawsuit was filed earlier this month on behalf of the widow of a man whose doctor allegedly failed to recognize signs of cancer and failed to treat the cancer in a timely fashion. Because of the doctor’s negligence, the man died; the lawsuit alleges that the man’s death could have potentially been avoided or postponed, had the cancer been properly diagnosed and treated.

The complaint asserts that the woman’s husband sought medical treatment from the defendant physician because of complaints about the appearance of his tongue, and the fact that he unexpectedly lost 37 pounds between June and October of that year. The doctor apparently failed to look at the left side of the man’s tongue, and instead diagnosed him with thrush – an illness treatable with antibiotics. The doctor failed to recognize the signs of cancer, and failed to recommend that the man see a specialist for cancer treatment.

The cancer on the man’s tongue continued to grow, and the man eventually had to undergo chemotherapy. Because of the doctor’s failure to properly diagnose the man’s illness, the victim suffered pain and suffering, incurred medical costs, and his widow suffered from the loss of his companionship, as well as grief and sorrow.

Medical malpractice cases are traumatizing and emotionally and physically difficult for victims and their families. Our Chicago personal injury lawyers have handled a number of Illinois medical malpractice cases, including having won a record high $14 million verdict against a doctor and hospital for not following and ignoring abnormal chest X-ray results, which caused a substantial delay in the diagnosis of lung cancer, and a $7.62 million verdict against an HMO doctor who disregarded the mother's complaints of postpartum bleeding, which resulted in her bleeding to death.

If you or a loved one have suffered as a result of negligence on the part of a healthcare provider, contact an attorney immediately to better understand your rights under the law.

Our Illinois personal injury attorneys are concerned about the vast number of cases of food poisoning that continue to arise this year. Following this dangerous trend, the most recent reports indicate that nearly 170 people have fallen ill due to salmonella food poisoning from broiled chicken liver products.

According to a report by MSNBC, the Center for Infectious Disease Research and Policy at the University of Minnesota recorded 169 reports of foodborne illness caused by chicken livers produced by Schreiber Processing Corporation. The USDA's Food Safety and Inspection Service released a statement to the public, stating that the products appeared to be ready to eat, but were actually only partially cooked. The recalled chicken livers include 10-pound boxes of Meal Mart Broiled Chicken liver and 10-pound boxes of loose packed broiled chicken liver, as well as chopped liver made from the products. The packaging on the contaminated products is labeled with the number P-787 inside the USDA’s mark of inspection.

If you have purchased these infected chicken livers, do not eat them. Whether the package is opened or unopened, return the chicken to your local food retailer for a refund. If consumed, poisoning could potentially be deadly.

To date, 56 cases have been reported in New York, and 64 cases in New Jersey, in addition to 9 cases in Pennsylvania and 7 in Maryland. More cases are spread equally across a number of other states, and the contaminated chicken seems to have been dispersed across the country. As a result, consumers all over the United States are at risk for becoming infected if they eat these products.

Salmonella is a form of bacteria generally found in cold- and warm-blooded animals. Infections usually arise following consumption of foods contaminated with the bacteria. Although all persons are at risk for developing salmonella poisoning, infants, the elderly, and adults with compromised or weakened immune systems are more susceptible to infection.

Salmonella contamination can arise from a number of sources, but commonly comes from such sources as infected food, poor kitchen hygiene, bodily fluids from sick individuals, and polluted water. Typical symptoms of Salmonella poisoning generally present in the form of diarrhea, abdominal cramps and fever within six to 72 hours of eating contaminated food. In more serious cases, victims may develop symptoms such as headaches, nausea and vomiting that can last up to a week.

Our Illinois personal injury lawyers have extensive experience handling cases involving foodborne illnesses. In fact, our attorneys won a $4 million settlement awarded to three attendees at a national convention who contracted salmonella poisoning, leading to crippling arthritic injuries.

If you or a loved one have suffered injury as a result of a foodborne illness, see a doctor immediately. Once a doctor has diagnosed your illness and provided appropriate treatment, you may consider the fact that if the food poisoning was one caused by either food from a restaurant or sold at a grocery store, you may be entitled to compensation for your injuries under the law.

Our Chicago personal injury attorneys were concerned to hear that a new report published in the Archives of Surgery shows that hospitals scores on national safety tests may not reflect patients’ risks of death or being contaminated by diseases while in the hospital.

As per a report published by MSNBC, hospital ranking on what’s known as the ‘Leapfrog Safe Practices Survey’ have no correlation to either death rates or hospital-associated infections. The Leapfrog Group is a patient safety organization that works to improve medical care by reducing medical errors.

According to a report from the Institute of Medicine released in 1998, 98,000 Americans die each year from preventable medical errors at hospitals. Unfortunately results from this most recent study show that measures to improve healthcare may not be making as much progress as was initially estimated; even though hospitals may score well in treatment of patients with certain ailments on Leapfrog tests, those scores are not dispositive of the success those hospitals are in preventing those ailments.

However, this may not mean that attempts to better healthcare are failing; instead, it might be considerable that the Leapfrog Survey elements aren’t measuring the right elements.

Illinois medical malpractice cases arise in situations where patients are injured by careless or intentional acts on the part of a doctor, nurse, or other healthcare professional. When providers injure the patients, the healthcare workers may be responsible for damages as a result of those injuries.

Additionally, when patients are harmed, hospitals and healthcare managing corporations may also be liable for not properly training and/or supervising their employees to ensure patient safety. As a result, in some cases the companies and hospitals may be made to pay the injured person damages to attempt to put the victim back in the position he or she was in before being injured.

Injuries suffered as a result of medical malpractice can be severe and life-altering, which is why hospital safety measures and tests to rank effectiveness of hospitals are invaluable. Whether Leapfrog’s computations are the best possible method or not (our attorneys are not, in any way, advocating that there is necessarily anything wrong with Leapfrog’s methods), ensuring the safety of patients is a large priority.

Our Illinois personal injury attorneys have handled a number of Illinois medical malpractice cases and understand the difficulties they pose to victims and families of victims, both physically and emotionally. In fact, our attorneys won a record high $14 million verdict against a doctor and hospital for not following and ignoring abnormal chest X-ray results, which caused a substantial delay in the diagnosis of lung cancer, and a $6.71 million verdict against a hospital because an inexperienced resident performed a vaginal delivery of a breech presentation (bottom first) resulting in shoulder dystocia and a crippling brachial plexus arm injury.

If you or a loved one have suffered as a result of negligence on the part of a healthcare provider, contact an attorney immediately to understand your rights under the law. Although hospital regulations don't prevent medical malpractice in all cases, the law affords a remedy and you may be entitled to compensation for your injuries.

Earlier this month, our Chicago personal injury lawyers reflected on the news that the federal government had eliminated public access to an online federal database of medical malpractice claims and damages against doctors. Now, however, the government has reopened the website with constraints that prohibit users to identify physicians against whom claims have been made.

According to a report by MSNBC, The Department of Health and Human Services reinstated the public database in such a way that allows members of the public to access the information without any identifying details about the physicians against whom claims were made.

However, there may be a solution for patients who want to know the truth about their health care providers before deciding who to trust to provide them with care. Medicare has recently begun publishing patient safety ratings for thousands of hospitals across the country. Although the data was originally complied as a way for Medicare to determine which hospitals should receive less funding based on rates of surgical complications, infections, medical mistakes, and avoidable deaths. However, the information has found a convenient and extremely beneficial second use; consumers can now use the data to evaluate hospitals.

The information – available on Medicare’s Hospital Compare Website – evaluates hospitals based on reports of specific medical errors with the ultimate aim of improving patient safety; hospitals deemed to be of the lowest quality will be in danger of losing up to 2% of Medicare reimbursements, starting in October of 2012. The financial incentive gives hospitals an extra reason to use the utmost care in treating patients. Medicare is using the data from each hospital and comparing it not national averages for complications and injuries that occur in hospitals to determine how each hospital is performing.

Patient safety advocates have long been in favor of making this type of information available to the public. If patients are able to check the safety statistics of hospitals, they may be able to avoid going to hospitals that have higher rates of patient-suffered harm. As a result, rates of patient injuries may decline.

Although hospitals and healthcare providers have expressed concern over the way that Medicare is measuring the mishaps that occur in hospitals, the simple point still stands that consumers are getting more information. Even if Medicare’s gauge isn’t perfect (and no reason to think it is otherwise flawed), all hospitals are measured with the same method of assessment, so as compared to one another, the assessment should give a fair understanding of which hospitals are better than others.

Medical errors are very serious. Our Illinois personal injury attorneys have handled numerous cases involving medical malpractice injuries, and have the knowledge and experience to handle even the most complex cases. In fact, our attorneys won a $17.7 million medical malpractice settlement for a former police officer who suffered a life-altering brain injury due to nursing staff negligence at a Chicago hospital.

If you or a loved one has been injured as a result of negligence on the part of a healthcare provider or hospital, you may be entitled to compensation for your injuries under the law.

The FDA recently released a report regarding a voluntary recall of tins of Rich Fields Butter Cookies sold at Rite Aid retail stores.

Rite Aid is an American chain of drugstores that span across the United States. The Rite Aid Corporation heads approximately 4,700 stores across 31 states, and Rite Aid is the third-largest drugstore chain in the United States.

According to the FDA’s statement, Rite Aid has initiated a voluntary chain-wide recall of approximately 85,000 tins of butter cookies distributed by Rite Aid under the Rich Fields brand name, because of the possibility of contamination with Bacillus cereus.

Bacillus cereus is a form of bacteria that is potentially harmful to humans, often presenting in the form of foodborne illnesses. Some strains of the Bacillus cereus bacteria are beneficial and have been used as a probiotic additive to reduce salmonella bacteria in the intestines of animals, making them safer for human consumption. Nevertheless, Bacillus cereus is also responsible for a number of forms of food poisoning with symptoms such as severe nausea, vomiting, and diarrhea. Bacillus cereus often infects foods when cooking temperatures are less than 100 °C (212 °F), which allows some Bacillus cereus spores to survive; the contamination is exacerbated when infected food is then improperly refrigerated, which allows the bacteria to reproduce.

This particular recall applies to 12 oz. tins of Rich Fields Butter Cookies featuring either a decorative castle or Christmas designs and sold exclusively in Rite Aid stores. Affected tins of cookies are labeled with UPC codes 01249596519 and 88411804619 located directly beneath the bar code on the bottom of each tin. The statement released by the FDA recommends that customers should not eat the cookies and instead can return them to any Rite Aid store for a full refund.

This particular situation provides a prime example of two very important types of Illinois personal injury law.

Initially, this is an instance that would fall under Illinois product liability law. Companies who manufacture products – including food products – are responsible for ensuring that the merchandise that they distribute to the public is free from potential hazard. When products cause injuries – or, as in this case, illnesses – the manufacturing companies may be held legally responsible for damages arising from the injuries caused by those products.

Additionally, this situation illustrates ideas that are important in Illinois food poisoning cases. According to 2010 estimates by the Centers for Disease Control and Prevention(CDC), each year roughly 48 million people are sickened by a foodborne illness. Even worse, over 125,000 people require hospitalization and 3,000 die after consuming contaminated foods in their homes or in restaurants. When a company or restaurant disseminates contaminated food, they may be liable for the injuries or illnesses that those foods cause to consumers.

People who suffer serious personal injury, hospitalization, or death of a loved one due to food poisoning may be able to seek compensation for economic and non-economic damages. Our Illinois personal injury attorneys have extensive experience representing clients in similar cases, including a $4 million settlement for three convention attendees who contracted salmonella poisoning that caused them to suffer crippling arthritic injuries.

If you or a loved one have suffered injury due to contaminated food from a store or restaurant, seek immediate medical attention. You may also be entitled to compensation for your injuries.

The FDA’s latest recall is aimed at retracting Smucker’s peanut butter as a result of possible salmonella contamination.

According to a recent report by MSNBC and the Associated Press, thousands of jars of Smucker’s Natural Peanut Butter Chunky are affected by this recall; representatives on behalf of the company say that the infected jars would have been on grocery store shelved in the last week or so.

J.M. Smucker Co. is an American manufacturer of fruit spreads, ice cream toppings, beverages, shortening, natural peanut butter and other products. The corporation is based out of the Midwest, and the product was distributed across the country, including to retail stores across Illinois.

The contaminated jars have "Best if Used By" dates of Aug. 3, 2012 and Aug. 4, 2012, and are labeled with the production codes 1307004 and 1308004. Consumers are warned not to eat the product, and instead are urged to either throw the product away, or return it to a local retailer for a full refund.

Salmonella is a bacterium found in the intestines of both warm- and cold-blooded animals. The most common method of infection is by ingestion of foods that are contaminated with the bacteria. Although symptoms are generally mild, infants, the elderly, and adults with compromised immune systems are more susceptible to infection and salmonella infections can become very serious with potentially deadly complications.

The most common effects of salmonella poisoning include fever, cramps, and intestinal inflammation with diarrhea. In severe cases, individuals may require hospitalization for dehydration from diarrhea, and in infants, dehydration can cause a state of severe toxicosis and salmonella meningitis. A doctor can provide a diagnosis with regard to whether an individual has been contaminated by salmonella.

Every year, approximately 40,000 cases of food poisoning by salmonella are reported in the United States. Food poisoning by salmonella may lead to serious injury, hospitalizations, pain and suffering, or even death, if the infection is allowed to progress.

An important concept in Illinois product liability law is the idea that corporations are responsible for ensuring the safety of products they put on the market. When food manufacturers distribute merchandise to the public that either contains foreign objects or contagions, the companies may be held legally responsible for the injuries they cause and the damages and expenses arising from those injuries

Victims may be able to seek compensation by way of an Illinois personal injury lawsuit against the company disseminating the product. In cases where food poisoning leads to death, the family of the victim may also be able to bring an Illinois wrongful death lawsuit for loss of companionship of the deceased family member, and the loss of wages that the victim would have otherwise contributed to his or her family’s well-being.

In fact, our attorneys obtained a $4 million settlement against a hotel chain, on behalf of three convention attendees who contracted salmonella poisoning that caused them to suffer crippling arthritic injuries. The money damages went to pay for the past and future medical expenses suffered by the victims, and for the loss of a normal life. Additionally, the Chicago personal injury lawsuit served to send a message to the responsible party to warn them to be more careful in the future.

A recent report released by MSNBC and the Associated Press details the fact that the popular contraceptive pill, Yaz, may not be as safe as drug manufacturers originally thought.

Concerns arose with Yaz and other, newer forms of birth control when federal health scientists discovered that more recent forms of birth control treatments appear to increase the risk of potentially fatal blood clots. The study compared the latest birth control medications and their effects to symptoms and side effects associated with older forms of contraceptive drugs. The FDA’s report showed that on average, women taking Yaz had a 75% higher risk of developing a blood clot than women taking older types of contraceptive pills. A related study published earlier this week in the British Medical Journal also found that women taking Yaz and other newer medications had twice the risk of blood clots as women taking the older hormone levonorgestrel.

Bayer, a major chemical and pharmaceutical producer in the United States that is a branch of the German pharmaceutical conglomerate, manufactures Yaz. Yaz, Yasmin, and related pills containing the same hormones as found in Yaz, were Bayer’s second-most successful line of products last year, and brought in almost $1.6 billion in sales, worldwide.

Yaz, as well as a number of the newer birth control pills on the market, contains estrogen along with a next-generation synthetic hormone called drospirenone, which is known to increase potassium levels in the blood, reports MSNBC. The Food and Drug Administration’s report also expressed concern over the Ortho Evra contraceptive patch (produced by Johnson & Johnson), and the Nuvaring vaginal contraceptive ring (manufactured by Merck & Co. Inc.). All of these newer birth control medications contain synthetic hormones that have been developed in the last decade.

In fact, this isn’t the first problem the FDA has cited regarding Yaz. In 2009, the FDA required Bayer to run corrective TV commercials for Yaz, with the purpose of saying that the original marketing campaign overstated Yaz’s ability to prevent acne and premenstrual syndrome. It is very rare occurrence for the FDA to necessitate remedial advertisements, and it is a testament to the seriousness of the misinformation that the FDA demanded that Bayer take such action.

"At a certain point we have to ask why the FDA continues to approve drugs that are less safe and have no benefit compared to drugs already on the market," said Dr. Diana Zuckerman, president of the National Center for Women and Families, a consumer group for women's health issues.

When corporations manufacture a product, they have the responsibility for testing that product to ensure its safety before the product is put on the market and sold to consumers. This is especially true for pharmaceutical companies whose products must undergo extensive testing before they are distributed to consumers. When a company makes a product that is defective or dangerous and that product harms the person using that product, the company may be held legally responsible for the customer’s injuries. This type of situation would give rise to an Illinois product liability lawsuit.

As it applies in this case, if it is found that the use of Yaz or other types of birth control has caused a blood clot in a consumer, and the blood clot causes serious personal injury or death, the manufacturer of the drug may be liable for damages from the product’s hazardous effects. In Illinois wrongful death cases a victim’s family members and loved ones may sometimes recover for the loss of companionship and the loss of future wages caused by the early death.

Although the FDA’s report didn’t state a final conclusion on the safety of Yaz, the Agency plans to hold a meeting with scientific advisers on December 8 of this year to evaluate the potential danger of the drug.

A recent article in the Chicago Tribune caused concern amongst our Chicago personal injury attorneys; the story exposed the frightening statistic that the Illinois Department of Public Health fails to investigate 85% of the complaints against hospitals across the state, even when reports assert violations such as patient abuse.

Federal law requires that serious allegations against hospitals be investigated within 48 hours, but according to the news article from the Chicago Tribune, of 560 hospital complaints received last year, the Illinois Department of Public Health failed to investigate a significant majority. Included amongst the ignored complaints were also accusations of serious bodily harm, patient deaths, and inadequate infection control.

Even worse, Illinois regulators listed the reason for the absence of inquiry into these matters as a lack of state funding to conduct suitable investigations. A spokesperson for the Public Health Department said that the Department “does not have the funding needed to investigate complaints, to conduct routine hospital surveys and ensure the health and safety of patients.” Even though almost $498,000 of government funding was spent on hospital evaluations last year, the funding isn’t enough to allow investigators to probe into every complaint. Further, lobbyists on behalf of the hospital industry have fought to keep state spending on investigations down, which prevents Illinois from having the ability to examine even hospitals with numerous complaints in arrears against them.

Complaints against hospitals are vital to regulating the industry. When officials are made aware of which hospitals have which problems, measures can be taken to avoid and correct the potential dangers to the patients. Additionally, when violations are found after investigations into complaints, the state can order hospitals to make changes, which ensures that things will improve, simply as a result of fundamental government control.

In response to this article, Jerry A. Latherow, president of the Illinois Trial Lawyers Association wrote a Letter to the Editor, published in the Chicago Tribune, in response to the Tribune’s article. In his editorial, Latherow states, “An overwhelming number of clients in medical malpractice cases tell us ‘we want to make sure this doesn’t happen to someone else.’ Your article demonstrates that the Illinois Department of Public Health, whether it be due to inadequate funding, untrained staffing, or whatever other reason, is failing to make sure these negligent events do not ‘happen to someone else.’”

In the absence of government regulation, then, it appears that the field of Illinois personal injury law provides the remedy: not only are victims and their families afforded the opportunity to seek justice against those who harmed them, and compensation for the injuries they sustained, but Illinois personal injury lawsuits – especially those in which punitive damages are awarded – send a message to healthcare providers, teaching them to be more careful in their future practices.

Obviously it’s best when injuries can be avoided. If it is at all possible for potential sources of harm to be identified before wrongdoing occurs, this should be our foremost priority. However, when the economy is in a state of disarray and government funding comes up short in the search for answers, at least we can take solace in the fact that when the worst-case scenario becomes a reality, there is a way to achieve justice.

Our Chicago personal injury attorneys were concerned to read that the FDA has recently recalled two separate food products – each manufactured by a large-scale food processing corporation – because of the potential for small, thin, pieces of wire in the foods.

The recalled foods are three different varieties of Kraft Foods Inc.’s Velveeta Shells & Cheese Microwaveable cups, and Pepperidge Farm, Inc.’s Baked Naturals Sesame Sticks. Illinois consumers are at a heightened risk for injury from eating these particular foods: the foods produced by Kraft were manufactured in Champaign, Illinois, and distributed to retail stores across Illinois, and the Pepperidge Farm products were manufactured in one of Pepperidge Farm’s Midwest plants, and distributed to consumers across the Midwest.

Kraft Foods, Inc. is an American food and beverage conglomerate, headquartered in the Chicago suburb of Northfield, Illinois. Kraft Foods is the third largest food and beverage manufacturer in the world, and markets its products in more than 170 countries.

The three varieties of Velveeta Shells & Cheese Microwaveable cups were voluntarily recalled from the market after it was discovered that approximately 137,000 cases of the affected products were distributed to retails across the United States. Although there have yet to be reports of consumer injury due to the wire bristle pieces present in the product, if a consumer were to be injured when unknowingly chewing, swallowing, or digesting the wire piece, Kraft could potentially be held legally responsible for the customer’s injury.

Pepperidge Farm, the manufacturer of the other affected product, is an American commercial bakery, most known for products such as Milanos cookies and Goldfish crackers. To date, a number of incidents have been reported in which consumers have reported scrapes in and around the mouth. Although no potentially fatal cases have yet been documented, Pepperidge Farm incited the recall when it was discovered that approximately 13,000 cases of potentially dangerous products were distributed across the United States, particularly in the Midwest.

Products liability is an area of Illinois personal injury law that focuses on dangerous and defective products. "Products," in this instance covers a wide range of categories, including foods merchandised to the public. As a general rule, corporations are responsible for ensuring that the products they manufacture and sell are safe for human use and consumption. When the merchandise is unsafe and causes harm to customers, the company may be held liable for damages caused by the injuries from the dangerous or defective products.

Food manufacturers owe a duty of care to consumers. When foreign objects or contagions make their way into foods that are distributed to the public, and consumers are injured because of the dangerous products, the situation may give rise to an Illinois products liability lawsuit.

If you purchased either of the food items mentioned above, do not eat them. Either throw them away or return them to your local retail store for a full refund. Additionally, if you or a loved one have been injured by a food product, seek medical attention immediately. You may also be entitled to compensation for your injury and an attorney may be able to apprise you of your rights under the law

Our Chicago personal injury attorneys were saddened to read a recent news story about newlywed tourists killed in a sightseeing helicopter crash this past week.

MSNBC reported that the pilot and four passengers – including a newlywed couple – were killed when the helicopter went down. The passengers were on what was intended to be a 45-minute tour; local weather reports cited heavy rainsqualls in the area at the time, and officials are now considering that weather was a significant factor in the crash.

According to recent news reports, the EC-130 model helicopter involved in the crash was less than one year old, and had been leased from Nevada Helicopter Leasing LLC. The pilot was flying the plane as part of his employment with a company named Blue Hawaiian that conducts approximately 160,000 helicopter tours each year. This is Blue Hawaiian’s second helicopter crash this decade.

If it is found that the pilot was responsible for the crash, either by negligence or recklessness in the way he flew the helicopter, or by having chosen to fly despite unsafe weather conditions, the company may be held liable for the pilot’s actions, and for injuries that resulted from the crash. An important concept in Illinois personal injury law is the idea that corporations are responsible for training and supervising their employees; therefore when the employees’ actions cause injury to others, the company may be liable for the damages those injuries cause. In the event that wrongful death lawsuits are filed on behalf of the families of the deceased victims, family members might be seeking damages in the form of lost companionship and future lost wages.

If, on the other hand, investigations reveal that the helicopter’s equipment was faulty, under notions of products liability law, either the manufacturer of the helicopter or the company who leased the helicopter may be liable for damages resulting from the tragic deaths. The helicopter leasing company would be responsible for maintaining safe equipment, and if their failure to do so led to the crash, they could be held legally responsible for the deaths.

Our Chicago personal injury lawyers represent clients across Illinois who have suffered personal injuries or lost loved ones in aviation accidents. Our attorneys have extensive experience with the unique challenges and complexities of aviation law, which has enabled us to achieve many multimillion-dollar verdicts and settlements for our clients, including a $2.33 million settlement for the family of a pilot whose Cessna plane crashed due to a defective carburetor part. Our attorneys understand that these accidents can be emotionally traumatizing for victims and their families, and our attorneys have the compassion and experience to help their clients through the legal process of recovering damages.

In order to be successful in complex aviation accidents, our attorneys have relied on close, long-standing relationships with renowned aviation experts and other industry personnel that have proven to be an invaluable asset to clients seeking their rightful damages.

A successful outcome in aviation accident litigation requires an understanding of the all the various issues that arise when an aviation accident occurs. If you or a loved one have been injured in an airplane, helicopter, or other aircraft accident, contact an attorney immediately to understand your rights under the law.

Our Chicago personal injury lawyers were troubled to hear of recent reports indicating that stress-relieving office toys may be a potentially fatal hazard to children.

According to a report by the Chicago Tribune, federal regulators are warning parents that magnet beads, like those found in Magnetix Building Sets, are a deadly threat to children. The United States Consumer Product Safety Commission released a statement saying that they have received 17 reports since 2009 in which these small pellets were swallowed by children; of those 17 cases, 11 required surgery to remove the magnets from the child’s system.

When children ingest these high-powered magnets, the magnets attract to each other inside the body, which may lead to blockages in the digestion system, small holes in the walls of the lining of the stomach and intestines, blood poisoning, and other potentially fatal injuries.

In 2008, a federal toy standard was passed prohibiting small magnets from games and toys marketed for children under the age of 14. Nevertheless, when small, loose magnets are included as components in products intended for adults, children may still be able to access the dangerous parts and swallow them.

Unquestionably it is the responsibility of the parents to keep these dangerous items away from, and out of reach of small children. However, an important aspect of Illinois products liability law is the notion that companies may be held liable for injuries that occur when they put a dangerous product on the market. Corporations are expected to test their merchandise for safety prior to distributing it to the public; if a company either negligently puts a dangerous product up for sale, or markets a product that they know is dangerous but fails to warn consumers of the potential hazard involved, those companied may be liable for damages caused by their unsafe merchandise.

The Chicago Tribune reports that the federal safety agency is advising parents to keep magnets away from young children and to seek medical attention immediately if a magnet is swallowed. Even so, if a child swallows the magnet, the injuries caused may be severe and irreparable, and in the worst cases lead to death.

Our Illinois personal injury attorneys have handled numerous products liability cases, and understand the emotional and physical trauma that victims and their families suffer. We are very proud of the changes that the efforts of our attorneys have brought, in this area.

In many instances, our attorneys have not only recovered substantial verdicts and settlements on behalf of our clients and their families, but have also helped to ensure that the defective or dangerous product was removed from the market, prevented from causing any further pain, suffering, and damage.

In an Illinois products liability case brought by our personal injury attorneys, our lawyers recovered a $3 million settlement against a car manufacturer of a vehicle that improperly designed the fuel delivery system of a vehicle, resulting in a fuel-fed fire after a head-on collision which killed the occupants of the vehicle.

If you or a loved one have suffered injury as a result of a company’s dangerous or defective product, you don’t have to suffer alone. Contact an attorney immediately to better understand your rights under the law. You may be entitled to compensation for your injuries.

Our Chicago personal injury lawyers are extremely proficient in handling cases of medical malpractice injuries that affect people across Illinois. However, following a report by the Sun Sentinel, medical malpractice attorneys across the country may have to expand their practices.

As pet owners spend more and more money on veterinary health care for their animals, claims of veterinary malpractice may also rise. This month, one of the first veterinary medical malpractice cases is to be tried in court. The case revolves around the wrongful death of a stallion that allegedly died from complications associated with abdominal surgery. Earlier this year, a dog-owning family won a veterinary malpractice lawsuit against a pet surgeon who performed the wrong type of surgery on a family dog. The trend is on the rise.

Illinois medical malpractice law, as it applies to humans, is a branch of civil law that allows victims to recover damages when they are injured by careless or intentional acts of a doctor, nurse, hospital, or other healthcare provider. Healthcare professionals owe a duty of care to their patients, and when a breach of that duty causes harm to their patients, providers may be held liable for the injuries caused. Many pet owners consider their pets to be part of their families, and it conceivably follows that when the veterinary professional acts carelessly or negligently and causes harm to the animal – especially given that the veterinarian is paid for his or her services – that the vet, too, can be liable for malpractice.

Because animals are considered to be property under the law, it may be difficult for attorneys to prove damages for pain and suffering. Nevertheless, many animal owners treat their pets as part of the family, so it is plausible that damages may be awarded on the basis of loss of companionship of a loved family pet. Additionally, the Sun Sentinel reports that some attorneys have even won awards based on the theory that a pet may be property, but is a treasured family heirloom. The field of law is developing, and many more theories of law are sure to arise.

As per an article in the Wall Street Journal, the American Pet Products Association discovered that on average, Americans are spending 47% more on veterinary care for dogs, and 73% more for cats, than was the average 10 years ago. As veterinary costs rise and the amount of treatments increase, so to do the odds of medical mistakes in veterinary practice. When these cases are brought to court, it sends warnings to other veterinary doctors to be more careful in their practice.

Medical malpractice is a very serious area of law. Our Chicago personal injury attorneys have extensive experience in handling cases against healthcare providers and hospitals on behalf of injured victims and their families.

If you or a loved one – or a loved pet – have suffered injury because of the negligent or careless acts of a healthcare professional, contact an attorney immediately to better understand your rights under the law.

Our Chicago personal injury lawyers read with concern that the FDA has recently advocated for a recall of contact lenses produced by major contact lens manufacturing corporation, CooperVision, Inc.

CooperVision, Inc. is the fourth largest contact lens maker in the world, and the number one manufacturer of toric lenses, worldwide. Nevertheless, federal health regulators have issued public warnings and recalled nearly 780,000 contact lenses because of residue left behind in the lenses from manufacturing.

In a safety alert distributed by the FDA, the substance left in and on the lenses was identified as a silicone oil residue. As a result, the FDA issued a Class I recall, which is the most serious type of recall, indicating that a defective product poses a severe risk of harm to consumers, including significant injury or death.

The safety recall was prompted because consumers of the contact lenses have reported problems including discomfort, hazy vision, severe pain, and eye injuries requiring medical treatment and, in some cases, hospitalization. Many of these injuries have been linked to the CooperVision brand of Avaira Toric lenses, but other reports involved CooperVision brands other than Avaira Toric. Since the first complaint, dozens of consumers have reported problems that have been as severe as corneal abrasions and tears that required emergency medical treatment.

Affected CooperVision contact lenses were marketed to consumers in the United States, Australia, Hong Kong, and Spain. They were sold at eye-care providers internationally, and across the United States, including at large retail chain stores such as Walmart, Costco, and LensCrafters.

Users of contact lenses made by CooperVision are urged to return the potentially dangerous products and seek medical care if they are experiencing symptoms of eye irritation. In a statement posted on the FDA’s website, officials on behalf of CooperVision wrote: “If your lenses have been recalled, immediately remove your existing lenses, discontinue lens wear and return your lenses to your eye care practitioner or point of purchase.” Consumers can check to see if their lenses are affected by the recall by either calling the toll-free consumer hotline at 1-855-526-6737 or by checking CooperVision’s website.

Unquestionably this situation provides a prime example of Illinois products liability law. When a company manufactures and distributes products to the public, that company is responsible for any injuries caused by dangerous or defective products. Companies are expected to test their products prior to putting them on the market to ensure public safety. When defects affect consumers, those companies can be liable for damages resulting from the injuries their merchandise causes.

Our Illinois personal injury attorneys have handled a number of products liability cases and have extensive experience in handling consumer complaints over dangerous products. Our attorneys even won a $3 million settlement against a car manufacturer that improperly designed the fuel delivery system of a vehicle, resulting in a fuel-fed fire after a head-on collision that killed the occupants of the vehicle. Although that case differs in its facts from the situation involving contact lenses, the companies responsible for manufacturing and distributing the products are liable for the harm that occurred because of their products' defect.

If you or a loved one have suffered because of a dangerous or defective product, contact an attorney immediately to better understand your rights under the law.

Our Illinois personal injury lawyers are concerned about the FDA’s recall of Avandia, a pharmaceutical intended to treat diabetes.

Avandia is one of the most popular drugs used in the treatment of patients with diabetes. It works by binding to receptors in human fat cells, and making those cells more responsive to insulin. Nevertheless, recent reports have shown a strong link to major health problems, including the risk of death.

Avandia is manufactured by London, United Kingdom-based GlaxoSmithKline, which is the third-largest pharmaceutical company in the world, after Johnson & Johnson and Pfizer. Complaints and concerns about the drug started around the year 2000, and the FDA has recently undertaken extensive testing to determine potential health and safety hazards associated with Avandia. In response to these tests, the FDA has approved further restrictions on the sale and prescription of this drug.

There has been an enormous amount of research showing that Avandia is associated with potentially-fatal cardiovascular problems. In February of 2007, GlaxoSmithKline disseminated a warning that use of Avandia was potentially associated with the risk of bone fractures, especially in female users. In November of 2008, the consumer group Citizen Watchdog issued a statement that warned consumers of the potential link to liver failure, cardiovascular issues, vision problems, and anemia. In response, GlaxoSmithKline denied the reports.

The New England Journal of Medicine published an article in June of 2010 that exposed the fact that Avandia use increased the risk of heart attacks by 43% and the risk of cardiovascular-related death by 64%. GlaxoSmithKline has since recalled Avandia from European countries, and the FDA ordered a restriction on the use and prescription of Avandia because of the enormous risks of cardiovascular issues.

This type of situation is one that is absolutely covered under Products Liability Law. Products Liability is an area of Illinois personal injury law that focuses on dangerous and defective products; when a corporation manufactures and/or distributes a product to the public, that company is responsible for testing the merchandise for safety before putting it on the market. When a dangerous or defective product causes injury to consumers, the company may be liable for the damages caused by those injuries.

Many Avandia consumers who have suffered side-effects as a result of using the drug have since filed personal injury lawsuits against GlaxoSmithKline. Currently there are thousands of pending lawsuits against GlaxoSmithKline. As of July 2010, GlaxoSmithKline had agree to settle more than 11,500 of the more than 13,000 pending lawsuits.

Our Chicago personal injury attorneys understand the dangers associated with defective medications. In fact, our attorneys brought a case against Orion Research Inc. and Baxter Health Care Corporation for a flawed test for the genetic disease cystic fibrosis. The failures of the test led a set of parents to have second child born with cystic-fibrosis. In addition to winning a substantial settlement for the family, our attorneys and the family were more concerned with the discontinuation of the test. As a result of our efforts, the test was eliminated.

If you or a loved on have taken a prescription for Avandia and have suffered injury as a result of the negative side effects, talk to your doctor about finding an alternative medication, and contact an attorney to learn whether you are entitled to compensation under the law.

Just last week, a jury awarded a $1.1 Million verdict to a man who filed a personal injury lawsuit against his landlord after he fell down the stairs at his apartment building.

The man allegedly fell down the back stairs at the apartment building in which he was living, and later suffered more serious damage from the fall. His injuries included lumbar strain and disk injury. The man was forced to quit his job because of the pain related to the fall, and suffered a serious loss of income and potential future earnings. He had held the job for ten years.

According to the San Jose Mercury News the tenant sued the owner of the building, asserting that the owner failed to keep the stairs clear of algae – which posed a risk of slip and fall – and failed to install a handrail, as was required by local building codes.

Following a 14-day trial, the jury awarded the man $1,070,801 for economic losses, including $850,000 for future lost earnings.

As a general rule, when an accident or injury occurs to a visitor or tenant on another person's property, the owner of the property may be liable if it can be proved that their negligence led to the injury. Property owners may be legally responsible for injuries that occur on their properties if there are potential hazards on the land and the landlord fails to correct them, or if the landowner fails to warn people who come onto the land about the danger.

In cases involving premises liability, plaintiffs must be able to show one of the following things:
• That the property owners either failed to maintain the property
• That the landowner created unsafe conditions which caused the injury
• That the property owner knew about the unsafe hazard but didn't alert visitors or tenants to this fact
• That the property owner wwas not careful concerning unsafe conditions which might attract children
• Or that the landowner took actions, or neglected conditions on the property, that ultimately caused damage to a neighboring property.

Our Chicago personal injury lawyers have handled numerous premises liability cases and understand what it takes to succeed in even the most complicated cases of landowner liability. In fact, our attorneys obtained a $2.3 million Illinois personal injury settlement for a family whose two young children suffered severe burns and whose third child, a three-month-old infant, was killed in a fire that broke out in a Chicago Housing Authority building. The CHA had allowed rear entrances to be blocked, allowed batteries to be removed from smoke detectors, and failed to sufficiently inspect and maintain an electrical outlet.

Additionally, and perhaps more similarly to the initially mentioned case, our Illinois personal injury lawyers won a $510,000 settlement against a restaurant which caused patrons to wait in area too close to steps leading to downstairs banquet area, leading to our client’s fall down the stairs that resulted in a fractured hip and foot.

If you or a loved one has been injured on another’s property as a result of the property owner’s negligence, contact an attorney to be apprised of your rights under the law.

The first lawsuit has been filed following a devastating situation in which a racing airplane crashed into bystanders during the National Championship Air Races. Our Chicago personal injury attorneys were saddened to hear that 11 people were killed in the tragic incident, and another 74 were injured.

The suit was filed this past Tuesday against the pilot’s family, a mechanic who serviced the WWII-era aircraft, and the organization hosting the event. According to a recent report released by the Associated Press, modifications had been made to the plane that were intended to improve its racing potential, but may have instead caused or contributed to cause the accident. The pilot – an expert movie stunt pilot and aircraft racer – was aware of the changes.

After the plane took off, it rolled over and plummeted into the occupied box-seats at a speed of more than 400 miles per hour.

Most airplane accidents and incidents that occur in this country are investigated by the National Transportation Safety Board (NTSB), which looks at evidence from aviation accidents to determine cause. NTSB officials released a statement last month stating that no onboard video had been recovered, but technicians were still working to get answers from the aircraft’s onboard memory card; nevertheless, photos of the plane showed that a portion of the airplane’s tail was missing from the craft. Preliminary reports seem to suggest that the alterations to the aircraft may have been a root cause of the plane’s malfunction.

An attorney on behalf of the family of one of the deceased victims alleged that the pre-planning adaptations were carelessly made and created a formula for disaster. As a result, those who were responsible for ensuring the safety of the aircraft are liable for the damage incurred. The report by the Associated Press stated that the attorney said he wanted “hold ‘two groups of wrongdoers’ accountable: Those who pushed the limits of physics on the plane, being risk takers and reckless without regard for the people who might be watching them, and those who promoted and profited from hosting the show.”

Our Illinois personal injury attorneys are familiar with Aviation Law, and the determination of liability following aviation accidents. According to the Convention on International Civil Aviation, an ‘aviation accident’ is identified as “an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, in which a person is fatally or seriously injured, the aircraft sustains damage or structural failure or the aircraft is missing or is completely inaccessible.” In essence, if the plane is supposed to fly and an accident takes place either involving a person or the craft itself, it is considered an aviation accident, and is covered under Aviation Law.

There may be many different factors surrounding an airplane accident which can contribute to its cause. Some of these factors include:
• Faulty Equipment
• FAA Regulation Violations
• Pilot Errors
• Problems in the Design or Structure of an Aircraft
• Flight Service Station Employee Negligence
• Negligence in a Third Party Selection of a Carrier
• Federal Air Traffic Controller Negligence

Our Chicago personal injury lawyers won a $2.32 million settlement on behalf of the family of a pilot whose Cessna small-engine airplane crashed shortly after takeoff because of a defective part in the carburetor. The lawsuit alleged that the manufacturers of the single-engine Cessna and its engine components had been aware of problems with a faulty carburetor part since 1963. As a result, they were aware of the dangers, and were able to be held liable for the damage that ensued.

If you or a loved one have been injured in an aviation accident, contact an attorney to be apprised of your rights under the law.

According to the Chicago Tribune, one person was severely injured yesterday at the site of a building demolition in the City’s West side. The accident occurred in the Lawndale neighborhood, and initial reports suggest that a porch collapsed on a building on Albany Avenue that was scheduled for destruction.

Our Chicago personal injury attorneys are aware of the potential injuries that occur when porches give way, and were concerned to hear that the victim was taken to Mount Sinai Hospital in serious to critical condition. Details have not yet been released as to the individual’s identity, and it’s not clear as to whether the person was working at the building’s site.

In September of this year, our Chicago personal injury lawyers settled a case with similar circumstances. Attorneys Steven Levin and Michael Bonamarte represented the family of a young man who fell from a porch railing and later died from the injuries he sustained as a result of the accident.

In Illinois, premises liability law may be triggered when a person sustained an injury on another person’s property. As a general rule, the owner or operator of a particular piece of land or building is responsible for ensuring that the premises are safe and that, if they are not, people on the property are made aware of the potential dangers. If the owner fails to do either of these things and another person suffers injury as a result of the titleholder’s failure, the property owner may be liable for damages for the injuries sustained.

In the case handled by our attorneys resulted in a $975,000 Illinois wrongful death settlement for our clients, the family of the man who fell from the second-story porch. The judgment was entered against Stammich Management, LLC, who owned and operated the apartment building that was the scene of the accident.

The railings on the porch at the apartment building were approximately 10 inches lower than the Chicago building code requirement of 42 inches. The landlord was responsible for ensuring that the building met specifications; the suit alleged that had the railings been the appropriate height, the man’s wouldn’t have fallen from the porch.

According to attorney Steven Levin, our client filed suit “to focus attention on porch safety to avoid similar tragedies in the future.” Stammich Management had a duty under the law to maintain its building in a reasonably safe condition for the safety of their tenants and their guests, and often when these types of lawsuits are filed, the resulting exposure serves as a lesson to other building and property owners to encourage them to prevent hazards and therefore avoid these types of injuries in the future. “We hope that this case will set an example for other landlords in Chicago, and will motivate them to maintain their properties in accordance with the City Code to prevent future accidents,” said Levin.

If you or a loved one have suffered injury as a result of a property owner’s negligence in maintaining his or her property, you may be entitled to compensation for your injuries. Contact an attorney immediately to be apprised of your rights under the law.

Our Chicago personal injury attorneys were concerned to hear that the number of victims suffering from E. Coli obtained from Shnucks grocery stores’ salad bars has now risen to 26, according to MSNBC and the Associated Press.

The latest news report conveyed the fact that health officials are taking a closer look at items found on the grocery chain’s salad bars in a number of cities, including stores located in St. Clair County, Illinois. Although no deaths or potentially deadly cases have yet been reported, health officials have confirmed 26 cases of E. Coli food poisoning originating from the Shnucks stores. In response to the outbreak, state officials are testing samples from five different Schnucks grocery stores; foods being examined include broccoli, deviled eggs, hard-boiled eggs, pineapple, carrots, radishes, zucchini, red onions, and salad dressings.

Escherichia Coli, or E. Coli as it is commonly abbreviated, is a type of bacteria known to cause food poisoning illnesses. The E. Coli bacterium originates from the lower intestines of warm-blooded animals where it serves to produce vitamin K; it is transferred to food products by fecal contamination. While most strains are harmless, some forms have been known to cause serious illness in humans.

The Centers for Disease Control and Prevention estimate that each year, approximately 48 million people fall ill from foodborne illnesses, including sicknesses caused by E. Coli. Of those, over 125,000 people require hospitalization, and another 3,000 die from complications resulting from having consumed the contaminated foods.

Although the indications of food poisoning vary based on the source of the contamination and the health of the infected victim, more dangerous strains of E. Coli can cause gastroenteritis, urinary tract infections, and neonatal meningitis. In rare, more virulent strains, the disease may present in the form of more serious illnesses such as septicemia, peritonitis, and even pneumonia. Persons at the highest risk for serious injuries associated with food poisoning are the elderly, infants, and adults with weakened immune systems. In some instances, such as the June 2011 E. Coli outbreak, women were more prone to show symptoms.

People who suffer serious personal injury, hospitalization, or death due to illness from contaminated foods may be able to seek compensation for economic and non-economic damages from those responsible for providing or distributing the food. Damages include such things as lost wages, compensation for pain and suffering, and loss of the companionship of a loved one who has died from the illness. Our Illinois food poisoning attorneys have extensive experience handling these types of cases, and understand what it takes to be successful in even the most complicated Illinois food poisoning cases. In fact, our attorneys obtained a $4 million settlement against a hotel chain, on behalf of three convention attendees who contracted salmonella poisoning that caused them to suffer crippling arthritic injuries.

If you or a loved one has suffered illness due to a foodborne illness – either from a restaurant or purchased from a grocery store – contact an attorney to better understand your rights under the law.

Our Chicago personal injury attorneys read with great concern about the Campaign for Safe Cosmetics’ recently-released report entitled “Baby’s Tub is Still Toxic.”

The statement asserts that Johnson & Johnson – the multibillion-dollar cosmetic corporation – includes two chemicals considered extremely harmful to babies in baby shampoos and other baby-oriented bath products sold in the United States. The report further alleges that the company has subsequently released a line of baby bath products that do not include the toxic chemicals, under the label ‘Johnson’s Naturals.’ This second line of merchandise is in fact sold in the United States, but costs twice as much as the original formula, which has not been altered to be made safe.

Johnson & Johnson is an American pharmaceutical and cosmetic manufacturer that disseminates packaged goods sold in more than 175 countries. The corporation is the largest healthcare company in the world, and has approximately 250 subsidiary companies, which include numerous household-known brand names of medications, first-aid supplies, toiletries, and beauty products.

According to the Detroit News and the Associated Press, the first harmful chemical is what’s known as quaternium-15, which is a preservative used to kill bacteria by releasing formaldehyde. Formaldehyde’s general use is as an embalming fluid used to preserve body parts and deceased creatures for scientific use, and was recently declared as a known human carcinogen (cancer-causing chemical) by the United States National Toxicology Program, as well as a skin-, eye-, and respiratory-irritant.

The second hazardous chemical, 1,4-dioxane, is also considered a likely carcinogen. Though it’s stated use is for making chemicals more soluble and gentler on skin, extensive testing has shown that it has strong links to cancer. Nevertheless, these two ingredients are still found in Johnson & Johnson's Baby Shampoo sold in the U.S., Canada, China, Indonesia and Australia. Moreover, 1,4-dioxane is also a component in Johnson & Johnsons’ Oatmeal Baby Wash, Moisture Care Baby Wash and Aveeno Baby Soothing Relief Creamy Wash.

After more than two years of so-far unsuccessful urging by the Campaign for Safe Cosmetics, asking Johnson & Johnson to remove the potentially cancer-causing elements, this past Monday the Campaign sent a petition imploring the corporation to publically commit to removing unsafe chemicals from its products in all markets across the world by November 15, 2011. Additionally, the Campaign's report was released to the public on the Campaign’s website.

In response to the Campaign’s plea, Johnson & Johnson released a statement saying that it is gradually phasing formaldehyde-releasing preservatives out of it’s line of baby products, but the Associated Press affirms that the company did not respond directly to the Campaign’s demands.

As a general rule, when a corporation manufactures a product and disseminates it to the public, that company is responsible for testing the merchandise prior to putting it on the market, and ensuring that when it is released to the public, it is reasonably safe for consumer use. If a product is made available to the public and, because of a flaw or defect the manufactured good, a consumer is injured, the corporation is responsible for the resulting damage. This is what’s known as products liability law.

In this case, formaldehyde has been linked to numerous types of cancer, such as nose, lung, and blood cancers. Furthermore, chemical ingredients in products intended for baby care expose children to toxins at a developmental period of life during which they are particularly susceptible to growth disorders and other ailments; these chemicals are potentially enormously more dangerous to infants than they would be to adults. If the use of Johnson & Johnson baby bath products are shown to cause or contribute to cause cancer in children, Johnson & Johnson could potentially be liable for injuries, medical expenses, and other related damages.

Our Illinois personal injury lawyers have extensive experience handling Illinois products liability cases and have the knowledge and diligence to handle even the most complicated cases. If you or a loved one have been injured as a result of a defective product, contact an attorney immediately to obtain a better understanding of your rights under the law. Special laws are in place to protect consumers, and you may be entitled to compensation for your injuries.

Our Chicago personal injury lawyers were honored to learn that this blog, The Illinois Injury Lawyer Blog, was selected for submission as one of the Top 25 Tort Blogs of 2011.

Additionally, one of our other blogs, the Illinois Medical Malpractice Blog was also nominated. We are thrilled!

The award is part of a LexisNexis project that seeks to feature blogs that set the standard in certain practice areas and industries. It is our pleasure to share with you information on Illinois personal injury law through this blog, and it is a huge distinction to be recognized and appreciated. However, we need your help!

Voting is currently underway to narrow down the selections, and it would mean so much to us to have your vote. Voting is done by tort law practitioners through comments on the LexisNexis Litigation Resource Community Page.

All you have to do is add a comment at the end of the post about the Top 25 bogs. You could simply put, “I vote for the Illinois Injury Lawyer blog” as a comment and it would count. You may have to register if you do not yet have a Lexis account, but it only takes a second, it is free, and it does not require any timely email verification or acceptance of spam email. Even simpler, you can log in through your Facebook, Google+, Twitter, LinkedIn, Yahoo, or WindowsLive account. It’s painless, and your vote will go a long way in helping support our blog.

Thank you in advance for your support, and thank you for stopping by this site to follow our coverage of personal injury law issues in our area. Your vote means a lot to us.

Click HERE to vote for our blog!

Our Chicago personal injury attorneys were interested to read about the city of Chicago’s newest safety campaign focusing on pedestrian well-being.

The Chicago Department of Transportation has put together a movement intended to raise pedestrian safety awareness throughout the city. Last year in Chicago alone, 32 pedestrians were killed, and another 3000 injured in traffic crashes. According to studies funded by the federal transportation department, almost 80 percent of Chicago automobile accidents involving pedestrians occur when pedestrians are crossing the street with the light in their favor.

The Chicago Tribune reports that Wacker Drive in Chicago has been lined with 32 mannequins to symbolize the 32 pedestrians killed in automobile accidents last year in Chicago. The mannequins are intended to raise safety awareness, and each is dressed in a black tee shirt that reads “ONE of 32 Pedestrians Killed last Year in Chicago.” In addition to the mannequins, Chicagoans will see informational messages on busses, bus shelters, trashcans, and other common visible areas.

Furthermore, pedestrian safety warnings will be placed on sidewalks in busy areas, and small crossing flags will be placed at intersections. Cameras will also be installed in intersections across Chicago to protect pedestrians, deter negligent driving and, if need be, catch drivers who are involved in hit-and-run injuries of pedestrians.

The flag project allows pedestrians to take a flag from a bucket, cross the street and place the flag in a bucket on the other side, says Kiersten Grove, pedestrian safety coordinator at the Chicago Department of transportation. The initiative will be tested first near neighborhood parks and senior centers.

Moreover, new laws in Illinois require drivers of motor vehicles to stop for pedestrians. Chicago police will be on the lookout for careless drivers who don’t yield to pedestrians. If found to be in violation of pedestrian protection laws, drivers will be fined between $50 and $500.

Every time a driver gets behind the wheel of a car, he or she is accepting responsibility for the safety of everyone else on the road – including pedestrians. Accidents can and do happen, but when drivers are found to have been negligent, they can be held liable for the injuries they have caused. If a car fails to yield to a pedestrian and that pedestrian is injured or killed, the driver of the car is responsible.

Injuries suffered as a result of these types of accidents can be severe and life altering. Damages can result in the form of death or serious personal injury, disability, disfigurement, future medical bills, lost wages and a number of other costs incurred as a result of the accident. Our Chicago personal injury lawyers understand how devastating these accidents can be. They have handled a number of automobile accident cases across Illinois, and have the knowledge and experience to be your best advocate.

In fact, our Chicago personal injury lawyers obtained a $10 million settlement for a 5-year-old boy who was run over by a City of Chicago Fire Department truck while playing in an open fire hydrant on the Fourth of July, resulting in the loss of his leg and half of his pelvis. If you or a loved one have been injured because of another driver’s negligence, contact an attorney to better understand your rights.