Illinois Injury Lawyer Blog

Automaker will fix brake problem

Mon, 08 Feb 2010 08:36:04 -0600

United States automaker Ford Motor Co. has plans to fix 17,600 Mercury Milan and Ford Fusion gas-electric hybrids. The fix is because of a software problem that may give drivers the impression that the brakes have failed. Unlike the recent Toyota recall, Ford says that the problem occurs in transition between two braking systems and at no time are drivers without brakes. The decision was made to correct the 2010 model after a test driver for Consumer Reports magazine experienced the problem as he was driving a Fusion Hybrid. A spokesperson for Ford said that the automaker will notify car owners to bring their cars in for the software fix and added that there is no product safety problem with the cars.

Click here to read more about Ford’s brake fix.

Illinois Supreme Court strikes down damages caps

Sun, 07 Feb 2010 21:14:06 -0600

In a case that the attorneys at Levin & Perconti have been keeping an eye on, the Illinois Supreme Court recently struck down our state’s $500,000 cap on awards for pain and suffering in medical malpractice lawsuits against physicians. The Illinois Supreme Court found that the limits set by the Illinois legislature violated the Illinois state constitution’s separation of powers principle. The tort reform ruling involved a medical malpractice case filed on behalf of a child who suffered a birth injury.

Click here to read more about the Illinois Court’s awards cap ruling.

Cook County Judicial Primary Results are Tabulated

Fri, 05 Feb 2010 11:21:46 -0600

The judicial primary results for Cook County have been released. To view the results, please click the link.

Toyota suspends sales of certain models, but says they are safe to drive

Thu, 04 Feb 2010 08:03:22 -0600

Last week, Toyota expanded the product recall of vehicles possibly affected by the unexpected acceleration issue that has been all over the news recently. ABC World News recently reported that the millions of Toyota drivers are worried and utterly confused about the product recall. The owners are desperately wondering if it is safe to keep driving there cars. Furthermore, Toyota car dealers have expressed feeling blindsided by Toyota’s decision to suspend sales of some models. Plus, many have expressed astonishment that Toyota advised owners of the cars affected should keep driving them despite the possible hazard.

Personal injury trial will focus on Botox safety in cerebral palsy children

Wed, 03 Feb 2010 08:01:19 -0600

Botox – best known as a face-lift in a syringe – also helps to relax contorted muscles and can sometimes help young patients walk without surgery. Unfortunately, Botox did not work appropriately for a 6 year old girl who received Botox injections to calm spasms in her legs. The 6 year old’s mother alleges an overdose of the Botox drug killed her. This case is believed to be the first Botox wrongful death trial alleging a fatal reaction to reach trial; it is one of the several pending wrongful death lawsuits related to the drug’s cosmetic and non-cosmetic uses.

To read more about the Botox injury trial, click here.

Health experts doubt fast food for dieters

Tue, 02 Feb 2010 08:58:57 -0600

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.

Guidelines issued on problem drywall

Mon, 01 Feb 2010 08:55:45 -0600

The federal government through the Department of Housing and Urban Development and the Consumer Product Safety Commission has issued guidelines for homeowners to identify potentially dangerous drywall. The federal agencies last week stated that the guidance will assist in identifying the presence of metal corrosion and other characteristics of the suspected drywall building materials. The guidelines instruct that a visual inspection must show blackening of copper wires in the home only for drywall installed between 2001 and 2008. The federal government is considering how to help affected homeowners.

More information on the guidelines is available here.

Case Law Update: Arbitration in Class Action

Sun, 31 Jan 2010 15:16:21 -0600

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

Cook County Releases Judiciary Recommendations

Sat, 30 Jan 2010 15:09:27 -0600

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

FDA’s controversial Meridia decision

Fri, 29 Jan 2010 08:54:52 -0600

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

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

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

What To Do If Your Toyota Is On the Recall List

Thu, 28 Jan 2010 13:42:49 -0600

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

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

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

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

Update for attorneys: AAJ dangerous defects in autos teleseminar

Thu, 28 Jan 2010 08:51:54 -0600

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

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

Company issues recall for 1.2 million pounds of salami

Wed, 27 Jan 2010 08:48:25 -0600

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

For more information on the salami recall, click here.

Refunds and credits for dangerous cribs?

Tue, 26 Jan 2010 08:36:39 -0600

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

More information about the monetary incentive is available here.

Engineer blamed for 2008 train crash

Mon, 25 Jan 2010 08:33:49 -0600

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