February 25, 2010

The need for trial lawyers

The Chicago personal injury attorneys at Levin & Perconti realize that much of the news that our readers encounter about trial lawyers is negative. The need for “tort reform” has been used as a plea to gain votes in elections and get Americans fired up over false information. So when we came across an opinion piece in the Wall Street Journal about why we need trial lawyers, we wanted to share it with our readers. The reality is, as this piece eloquently addresses, that product liability litigation has become a very important means of keeping American consumers safe. The most recent example is the Toyota recalls, which Levin & Perconti has heavily blogged about, and the recent revelations of Toyota’s corporate issues.

In part because of insufficient government oversight, lethal defects have recently gone uncorrected for years in the Toyota recall. Affecting various models, we have now learned that car owner complaints of product liability issues were either minimized or ignored by Toyota and the regulatory government agencies that were responsible for policing the company. One review of federal records found as many as 2,600 consumer product complaints of sudden acceleration over a 10 year period. And, only now has any product recall been issued. According to CBS, released internal documents now indicate that Toyota was tracing its problem to its software as far back as 2005.

Simply put, the government is overburdened following the Bush administration’s weakening of regulatory agencies’ power through cutting funding and personnel in addition to a massive work load. A case in point is the Food and Drug Administration (FDA) and its caseload extended to more than 11,000 existing drugs, 100 new drugs yearly and a products ranging from foods to vaccines that account for almost 25% of all consumer spending. Trial attorneys, such as the product liability attorneys at Levin & Perconti, act as a check and help to give a voice to consumers who have been ignored by companies and the government. Product liability lawsuits have played a crucial role in ensuring public safety and encouraging manufacturers to put safety, instead of profits, first.

Click here to read the entire piece on the need for trial attorneys.

February 24, 2010

ITLA President discusses the truth behind insurance reform

Last week, the Chicago Tribune published a letter to the editor written by Peter Flowers, President of the Illinois Trial Lawyers Association (ITLA). ITLA is a statewide organization whose members, including the Chicago injury attorneys at Levin & Perconti who represent injured workers and consumers. In his letter to the editor, Mr. Flowers addresses insurance reform following the Illinois Supreme Court’s recent ruling against arbitrary caps on victims’ compensation.

Mr. Flowers set the background by informing readers that this was the third time the issue of caps was before the court and the third time that the Illinois Supreme Court ruled in favor of the citizens’ right to seek just compensation. Following the decision, those who side with the insurance industry have had an unfavorable reaction to the Illinois Supreme Court ruling and in opposing its decision have spread fiction and chosen to ignore the facts of caps. Opposers state that the absence of caps caused an exodus of doctors from Illinois; however, the truth is that since 1963, the number of doctors in Illinois has increased.

Another piece of fiction that is often spread to readers statewide and physicians statewide is that insurance premiums for doctors rose because of the lack of caps on damages for medical mistakes. The truth is that the rise in insurance premiums has more to do with insurance company greed – the state’s largest medical malpractice insurer recorded profits of $124.2 million from 2006 through 2008. The little decrease that happened when the caps were in place occurred because of insurance reform and state mandates.

Most people often forget is that compensation for victims is not a “prize.” Illinois medical malpractice victims suffer from the medical mistakes for the rest of their lives; they deserve to seek justice. Mr. Flowers addresses that the solution to rising insurance premiums for physicians will happen by reforming the insurance industry. Reforms work and should be re-enacted so that doctors are not faced with unconscionable increases in their premiums while insurance companies make enormous profits. When insurance companies are held accountable, health care in Illinois will improve.

February 22, 2010

Chicago couple files car accident lawsuit after baby, two friends die in crash

The Chicago Sun-Times has reported that a young Chicago-area couple has filed a car accident lawsuit after a violent crash killed their 13-month old son. The recent Chicago-area crash also killed two of the couple’s friends. The Chicago couple is now seeking justice and has filed a car accident lawsuit against the driver who is alleged to have slammed into their Honda Civic, resulting in the wrongful death of all three backseat passengers. The alleged driver is reported to have been fleeing another car crash he was involved in also in Chicago. The car accident lawsuit alleges that the defendant engaged in reckless conduct, which is defined as a conscious disregard for the safety of other people. The personal injury and wrongful death lawsuits seek at least $50,000 in damages.

The Cook County State’s Attorney’s office, led by Cook County State’s Attorney Anita Alvarez, has reported that it is also reviewing the car crash, but no criminal charges have been filed against the driver yet. Witness accounts state that the driver was traveling between 80 to 90 miles per hour, hitting the Honda so hard that it knocked the car accident toddler victim out of the car seat he was fastened into and into a rear window. The friends were also ejected from the vehicle. The parents of the wrongful death victim are trying to cope for the time being. Levin & Perconti is keeping the parents and those coping with this horrific loss in our thoughts.

Click here to read more about the car accident lawsuit.

February 21, 2010

Local gas company sued over Illinois house explosion

The Chicago-area newspaper The Daily Herald recently reported on a local negligence lawsuit that was filed in the Cook County Circuit Court that Levin & Perconti thought was interesting. The story reports that an Illinois Elgin family has filed a lawsuit against NICOR, a local gas company. The Illinois homeowners state that their Elgin home exploded and burned to the ground earlier this month after a natural gas leak. The lawsuit, filed in Cook County Circuit Court, alleges that Nicor Gas employees committed negligence when they failed to ensure the Illinois occupants’ safety while they inspected and tested the house for a natural gas leak. The ranch home exploded and caused a fire that destroyed the home. The lawsuit seeks more than $50,000 in damages from the Illinois utility company.

The Chicago personal injury attorneys at Levin & Perconti file negligence lawsuits often on behalf of our clients who have been injured or who have loved ones who have been hurt. Negligence is a party’s failure to use reasonable care. In other words, it is the doing of something which a reasonably prudent person would not do. This lawsuit filed by the plaintiffs at the Cook County courthouse contends that the Nicor gas company committed negligence in not ensuring that the occupants were safe, something the plaintiffs contend that a reasonably prudent person would have done.

To read more about the gas company lawsuit, click here.

February 2, 2010

Health experts doubt fast food for dieters

One woman began replacing her regular fast food meals with meals from the Fresco menu from Taco Bell and lost over 50 pounds; she is now their spokesperson. Taco Bell is not the only fast food business to start reaching out to those seeking to save calories. Other places include Dunkin’ Donuts, Quiznos, Starbucks, McDonald’s, and Subway. Health experts fear now that by seeking out a lot of fast food, dieters may be having more sodium than they otherwise would. One added, when we remove things out of food, we often add back salt and the salt is so far in excess of what would be considered a healthy quantity that it definitely counteracts any health benefits.

Click here to read more about health experts concern over the fast food diet craze.

January 20, 2010

Time to check your products for recalls and dangers

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

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

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

January 10, 2010

Personal injury lawsuit seeks $100K for pencil injury

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

To read more about the pencil injury lawsuit.

January 6, 2010

Additional Chinese drywall builder confirmed

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


Continue reading "Additional Chinese drywall builder confirmed " »

December 23, 2009

Conflicts abound for advisers on vaccines

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

Continue reading "Conflicts abound for advisers on vaccines" »

December 20, 2009

Multiple people injured in ski lift mishap

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

Watch the video report of the ski malfunction below.

Continue reading "Multiple people injured in ski lift mishap" »

December 19, 2009

Excessive CT scans can develop new issues

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

Continue reading "Excessive CT scans can develop new issues" »

December 10, 2009

Chicken contains harmful bacteria

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

Continue reading "Chicken contains harmful bacteria" »

November 26, 2009

Avoid food poisoning at Thanksgiving

Thanksgiving is a time for food, fun, friends and family. The attorneys at Levin & Perconti want to wish all of our readers and their families a Happy Thanksgiving! Although we all want to enjoy our time eating and relaxing with friends and family, we do need to recognize the dangers of food poisoning in the kitchen. Nobody wants a delicious meal to make them or their guests ill. Small mistakes in the kitchen can lead to foodborne illness.

The U.S. Centers for Disease Control and Prevention (CDC) has estimated that 76 million Americans get food poisoning yearly. This food poisoning leads to approximately 5,000 deaths every year.

Continue reading "Avoid food poisoning at Thanksgiving" »

November 24, 2009

JPMorgan Chase & Co. removes forced arbitration clauses

JPMorgan Chase & Co., the largest credit card lender, will remove clauses from its contracts that force consumers into arbitration. The attorneys at Levin & Perconti were very pleased when we learned about this JP Morgan Chase decision. The American Association for Justice issued a statement explaining that this decision is a large win for consumers, who previously had no recourse because of rigged forced arbitration proceedings. Forced arbitration is when you are forced to settle a dispute outside of court, AAJ adds that unfortunately other lenders and corporations still insist on forcing their employees or customers into one-sided arbitrations to escape accountability.

Continue reading "JPMorgan Chase & Co. removes forced arbitration clauses" »

November 22, 2009

4th case of legionnaires’ disease at Illinois retirement complex reported

Recently, Illinois nursing homes have finally been getting a lot of attention from the Illinois legislature. The legislature intends to pass some more regulations overseeing the conditions in nursing homes to prevent Illinois nursing home abuse. Nursing homes are not the only facilities in the press.

Recently, another scary story caught the news regarding an Illinois retirement complex. Four cases of Legionnaires’ disease have been linked to a retirement community in Illinois. Two of the cases have been fatal. Investigators have focused on the atrium area in the retirement complex which includes a pool, spa, and waterfall as a possible source of bacteria that thrives in warm water.

Continue reading "4th case of legionnaires’ disease at Illinois retirement complex reported" »

November 20, 2009

Warning issued against concomitant use of Plavix and omeprazole

Levin & Perconti wanted to highlight a recent piece of drug liability news that may affect you or someone you know. This week, the FDA warned that popular drugs like Prilosec and Nexium can weaken the effect of Plavix. The drug interactions are concerning to the many Americans who take the drugs. The drugs may no longer be as effective to people if they also consume omeprazole. Millions of Americans take Plavix to reduce the risk of heart attacks and strokes. However, the drug can cause side effects like an upset stomach, so many people take drugs like Prilosec and Nexium. According to a notice on the Food and Drug Administration’s website, the anti-clotting benefits of Plavix are cut almost in half when taken with over-the-counter or prescription Prilosec.

Continue reading "Warning issued against concomitant use of Plavix and omeprazole" »

November 18, 2009

Is blaming lawyers the new "strategy" for halting any meaningful health reform?

CNN.com recently featured an Op-Ed by Anthony Tarricone, the president of the American Association for Justice. The interesting Op-Ed highlighted the recent uptick in “lawyer blaming” that opponents of health care reform are using. Mr. Tarricone summarized it quite nicely when he wrote, “Somehow, the fringes of the GOP have made health care about trial lawyers and medical malpractice. Instead of focusing on how to fix our broken health care system, opponents of real reform would rather limit the legal rights of injured patients. Talk about misguided priorities.”

As attorneys at Levin & Perconti see on a daily basis, medical negligence affects real people. Studies indicate that up to 98,000 people die yearly from preventable medical errors, and countless more are severely injured. Mr. Tarricone compared this statistic to two 737s crashing daily for a year. If this were to happen, would we blame the airlines or the passengers? And, would we question the FAA?

Continue reading "Is blaming lawyers the new "strategy" for halting any meaningful health reform? " »

October 9, 2009

3.8 million car recall

Toyota has recalled 3.8 million cars this week because the accelerators were getting stuck under floor mats. This is the biggest product recall for Toyota and the sixth largest product recall in the country.

To read more about the Toyota recall.

October 8, 2009

Vote expected on health care reform

The Senate Finance Committee is almost done marking up its health care bill and a vote is expected within a week. The American Association for Justice has released a white paper on “defensive medicine” that displaces many common myths about the health care system.

To read the Truth About Defensive Medicine.

October 5, 2009

Recent civil justice system accomplishments

The American Association for Justice has released a video highlighting recent civil justice system accomplishments. The AAJ has been instrumental in protecting the rights of personal injury victims.

To see the video.