Illinois Injury Lawyer Blog

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

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

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

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

The Food and Drug Administration (FDA) has announced several product recalls this month and the month is not even over. The Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products and frequently announces product recalls. First, in cooperation with the United States Consumer Product Safety Commission (CPSC), Circus World has recalled wireless video baby monitors due to overheating hazard. Wiring in the baby monitor camera can overheat and emit smoke, posing a burn hazard to consumers. Second, P. Graham Dunn in cooperation with the U.S. CPSC has recalled nearly 500 wooden toy rattles, which pose a serious choking hazard to young children. Third, the U.S. CPSC and Asurion have voluntarily recalled about 470,000 counterfeit Blackberry-branded cell phone batteries in refurbished devices; the batteries can overheat, posing burn and fire hazards.

Additionally, the US CPSC and LG Electronics have reannounced the Goldstar and Comfort-Aire dehumidifier recall, which affects about 98,000 dehumidifiers. The power connector for the dehumidifer’s compressor can short circuit and pose serious fire and burn hazards to consumers. Another fire hazard product recall involved the Bosch Thermotechnology Boiler Survey Kit. The recall affects about 1500 service kit for gas-fired boilers. The use of a silver-covered gas pipe adapter included in the service kit can lead to gas leakage, which can pose a fire or explosion hazard to consumers. Miami Breaker, Inc. has also voluntarily recalled products due to fire hazard. Their product recall involves about 43,600 counterfeit “Square D” circuit breakers, which can fail to trip when they are overloaded.

To read more about recent product recalls, please visit the CPSC website.

Unfortunately, yearly on this holiday, stories hit the Chicago newspapers of Illinois residents injured by fireworks. And unfortunately again, this year is no different. A 28 year-old South Chicago man received severe personal injuries in a Chicago fireworks accident over the weekend. The Illinois man was trying to explode a fireworks device. According to Chicago police, the man noticed that the firework did not detonate after the man lit it, so he picked up the device to take a second look. The firework exploded near the Illinois man’s face and he was sent to Christ Hospital in Oak Lawn for treatment of massive facial injuries. Chicago police are investigating, but suspect that the firework device may have been an M-series device, which is a type of explosive that closely resembles a stick of dynamite rather than a firecracker. In the state of Illinois, firecrackers, Roman candles, bottle rockets, and other aerial exploding fireworks are illegal.

The Consumer Product Safety Commission (CPSC) issued a statement stating that celebrating the Fourth of July is joyful, but can quickly turn into devastation when adults and children receive personal injuries while using fireworks. The CPSC stated that some fireworks, such as illegal firecracker type devices (M-80’s, quarter sticks) and professional display fireworks, should never be used or handled by consumers due to serious injuries and deaths can and do occur. Indeed, the Chicago personal injury lawyers at Levin & Perconti read yearly about awful personal injuries sustained after handling illegal fireworks in Illinois.

The CPSC offers some tips for celebrating safely this year. Please be safe this Fourth of July!

Last year, the Illinois personal injury lawyers at Levin & Perconti read about too many heart wrenching cases of injured children involving dangerous pools. These injuries to children could have been prevented! Many children who drown in swimming pools were not neglected – they had only been seen moments before. Unlike what some people may expect, drowning is a silent killer. Water fills a drowned person’s air passages so they are unable to make a sound or scream for help. Unfortunately, fifteen percent of children admitted for near-drowning die in the hospital. Recently, the Chicago Tribune ran an article about pool safety tips and we wanted to highlight some of the suggestions to our readers.

In order to avoid such tragedy, you should always watch children closely; never leave them alone, even for a moment. Remove all toys from the pool after everyone is out so children aren't tempted to reach for them. You should also consider installing a fence that rises at least four-feet high around the pool. In order to work most effectively, the fence should separate the pool from the house and play area of the yard. You want to use gates that self-close and self-latch, with latches higher than your children's reach. You should also install door locks and alarms – the lock should be high enough that it would make it difficult for a child to get out. Additionally, a pool alarm will notify you if someone has gotten into your pool, even neighborhood kids. Be sure to keep safety rescue equipment and a telephone by the pool. Of course, call 911 immediately in an emergency.

For more information about pool safety.

Chicago wrongful death lawyers at Levin & Perconti were extremely saddened to read in the Chicago Sun-Times today that a young Chicago boy was wrongfully killed by a drunk driver in the Rogers Park neighborhood this morning. The 10 year-old boy was walking with his father and was between two vehicles when a vehicle driven by a suspected drunk driver hit one of the vehicles. The Chicago boy was crushed between two cars and died at 7:41am at St. Francis Hospital in Evanston, Illinois.

The 10 year-old Chicago boy was with his father and his three year-old sister who witnessed the wrongful death car accident. At the time, the young Chicago boy was heading to his aunt’s and uncle’s house while his parents went to work. Chicago area police are questioning the driver who smashed into the vehicle, killing the boy. Alcohol is suspected in the crash.

Wrongful death is a legal term used to describe a death that has been caused by the fault of another individual. For example, deaths caused by drunk driving or a defective product may be considered “wrongful death” under the law. Generally, wrongful death lawsuits are filed by family members of the decedent. Levin & Perconti has handed numerous wrongful death lawsuits and has recovered millions of dollars in verdicts and settlements for victims and their families.

More information about the Chicago 10 year-old boy’s wrongful death is available here.

Chicago injury lawyers at Levin & Perconti read about the recent product recall involving injuries to children and wanted to share the important recall information with our readers. The asphyxiation deaths of two boys, including one Chicago wrongful death, have prompted the government to announce a product recall of 1.8 million toy dart guns. The Consumer Product Safety Commission (CPSC) stated that a 9 year-old boy in Chicago and a 10 year-old boy in Milwaukee both died after they chewed on the one-inch soft plastic darts, which slipped into their throats. The small suction cup part of the dart cut off the children’s breathing. The dart guns were sole nationwide extensively at Family Dollar stores.

Consumer Product Safety Commission chairman warned that parents should know about the risks to children during the preteen years that can come from aspirating these toy darts. The dart gun sets were imported by Henry Gordy International in New Jersey. CPSC stated that the New Jersey company refused to issue a product recall for the dart set, so Family Dollar worked with the agency on recalling the product. Family Dollar stated that the company has not sold the dart sets in more than a year, but wanted to issue the product recall so that customers who purchased the product in the past would be alerted. The agency advises people to immediately take the toy dart gun sets from children and discard them. Family Dollar will offer a refund. Chicago accident lawyers urge parents and guardians to examine the toys that their children have for toys that are potentially injurious.

To read more about the product recall affecting children, click the link.

According to a recent Chicago Breaking News Center article, federal regulators at the U.S. Consumer Product Safety Commission (CPSC) have issued a product recall for another 170,000 cribs. The cribs were recalled for being a potentially deadly hazard to children. This crib recall is the latest in a string of several dangerous cribs recalled from the market. The recalled cribs, Sorelle and Golden Baby cribs, have sides that drop down to allow easier access to the babies in the cribs. However, the danger is that the drop-side hardware can disengage, which allows the side to separate from the tracks. This can be deadly and at the very last very dangerous for children because babies can slip into that gap and suffocate, strangle, or fall out of the crib.

The cribs have been sold at children’s product stores nationwide for the past 10 years for between $300 and $600. The distributing company received reports of 104 incidents where either the drop-side or crib slates became unattached, creating a dangerous gap. Six children received personal injuries of cuts or bruises; another five fell, but luckily received no injuries. No children were reportedly killed by this dangerous crib, but babies have died in cribs made by other manufacturers after the drop-sides separated.

The Chicago personal injury attorneys at Levin & Perconti encourage our readers to consult this recalled crib list of photos and model numbers to see whether any of the dangerous cribs are in their houses. Please make sure that your cribs are safe!

Click the link to read more about the baby crib recall.

The Food and Drug Administration (FDA) has released a scathing report slamming the conditions at the factory linked to producing the recalled children’s Tylenol, Motrin, Benadryl, and other over-the-counter drugs that were recalled last weekend. The seventeen page FDA inspection report conducted last month detailed lapses at the facility. The FDA is considering many actions, including potential criminal penalties against the company. In the mean time, Johnson & Johnson is temporarily suspending production at the plant – the company’s only plant that manufactures its liquid pediatric drugs. The company has expressed its concern for the potential to injure children. According to a recent CNN.com article, the federal agency cited the facility for not following quality controls and for not maintaining adequate lab facilities for testing and approval of components and drug products. The FDA’s findings also show that the company bought contaminated raw material from its vendors that tested positive for a type of bacteria that is yet to be identified by the FDA. However, the agency said that the company’s testing showed that the contamination did not reach its finished products.

The company recalled about fifty children’s versions of non-prescription drugs over the weekend for quality concerns. The injury attorneys at Levin & Perconti strongly encourage our readers to follow the FDA’s instructions to immediately discontinue the use of any recalled products. Disposing of the recalled products became a little less confusing in Chicago, with the City of Chicago and Chicago Police teaming to create multiple locations where residents can dispose of expired and/or recalled pharmaceuticals and over-the-counter products.

Read more about the FDA's scathing report about the Tylenol product recall.

The Chicago product liability attorneys at Levin & Perconti have blogged frequently about the recent Tylenol and other over-the-counter drug recalls from Johnson & Johnson’s drug manufacturing division. Now, CNN.com is reporting that lawmakers have announced that began an investigation into the recent product recall of Children’s Tylenol, Motrin, Benadryl, and other over-the-counter drugs. The House Committee on Oversight and Government Reform is asking the Food and Drug Administration (FDA) and Johnson & Johnson’s drug manufacturing division to disclose information on the drug recall and tell what prompted the recall. Important to potential injuries to minors and children, the House is also requesting that they disclose the severity of the impact would be to children who may have taken the recalled over-the-counter drugs.

The Illinois product liability attorneys think this a good action – especially considering that this recent product recall is the third to include Tylenol products this year. Lawmakers are hoping that the investigation will shed light on whether FDA’s inspection procedures are effective. Additionally, the investigation will also determine whether the division neglected to explore consumer complaints about the problem.

Chicago injury attorneys at Levin & Perconti also came across a helpful Chicago link regarding where you can find a location to dispose of pharmaceuticals. With all of the recent recalls of popular products that consumers use, the link will undoubtedly be helpful. The City of Chicago and the Chicago Police Department are partnering to provide a place for the safe and proper disposal of unused or expired prescription and over-the-counter medications.

To read more about the federal investigation into the recent drug recalls.

Click the link to determine where to dispose of recalled products, including expired prescription and over-the-counter medications.

CNN.com recently reported that Johnson & Johnson, the maker of several over-the-counter drugs, is taking corrective actions at its American plant after almost forty children’s versions of drugs were recalled for quality concerns. Product recalls included Tylenol, Motrin, and Benadryl – all popular over-the-counter options when one’s child is sick. If you’re thinking this is déjà vu, you are not completely off base. This latest product recall is the fourth recall in seven months for this division of Johnson & Johnson.

The division of Johnson & Johnson responsible for these drugs said that it took action in the form of a product recall as a precautionary measure because some of the products could have problems with their ingredients while others could contain tiny particles. The “tiny particles” may be solidified product ingredients or manufacturing residue such as tiny metal parts.

The four product recalls in the past seven months began in November 2009, when the company recalled five lots of its Tylenol Arthritis Pain 100 count due to reports of an unusual moldy odor that led to cases of nausea, pain, vomiting, and diarrhea. The next month, the product recall was expanded to include a different lot of the same pill. Then, in January, an undisclosed number of containers of Tylenol, Motrin, and other over-the-counter drugs were recalled after consumers complained of feeling sick from the unusual odor. Now, the company recalls children’s versions of popular drugs.

To read more about the current product recalls affecting children’s products, click the link.

The Chicago product liability attorneys at Levin & Perconti frequently visit the U.S. Consumer Product Safety Commission (CPSC) website so that we may keep our Illinois consumer readers updated on product recalls. Please check your homes for the following unsafe products listed below:

- Children’s hooded sweatshirts: about 3,200 children’s hooded sweatshirts distributed by Niko’s SPORTSLINE of Sunrise, Florida were recalled. The jackets’ drawstrings through the hood which pose a strangulation hazard to children. Consumers are instructed to contact GJC International of Florida collect at (954) 581-4646 for additional information.

- Baby walkers: about 200 baby walkers imported by Le Hing, Inc. of South El Monte, California have been recalled. The walkers can fit through a standard doorway and are not designed to stop at the edge of a step. Babies using the dangerous walkers can have serious personal injuries or be wrongfully killed. Consumers should stop using the walkers immediately and return them to the store where purchased. Call Le Hing, Inc. collect at (626) 575-8566 for more information.

- Children’s snowsuits and coats: about 4,500 children’s snowsuits and coats manufactured by Deux par Deux Minimome, Inc. The snowsuits and coats have drawstrings through the hood that can pose a strangulation hazard to children. In February 1996, the CPSC issued guidelines to prevent children from strangling or getting entangled on the neck and waist drawstrings in upper garments, such as jackets and sweatshirts. For more information on the product recall, consumers are recommended to contact Deux par Deux toll-free at (866) 557-2222.

To keep up-to-date on recent product recalls, check out the CPSC website.

On the morning of Valentine’s day, a tragic deadly fire killed seven people, including four children, in Cicero, Illinois. Further, a Cicero Fire Department firefighter also suffered a personal injury when a chimney collapsed on his head inside the building. Two adults were wrongfully killed near the porch area and five others were found in the attic of the building which had a single stairwell as a means of escape. During the fire, however, the stairwell was blocked and trapped the victims.

Yesterday, the Chicago Tribune outlined the landlord’s alleged murder plan that led to the deadly Illinois fire. According to Cook County prosecutors, the landlord intended to burn down one of his Cicero apartment buildings and collect on the $250,000 insurance policy. He was planning to move to West Virginia and make himself hard to find without a telephone or mail service. He is alleged to have hired the Cicero building’s maintenance man to carry out the plot to torch the wood structure during the day when the children were at school and women were at work. Apparently, the handyman didn’t listen – and set fire at 6:30 a.m. on a Sunday.

Unfortunately, the Chicago injury attorneys are not unfamiliar with stories of deadly Illinois fires. The Illinois wrongful death attorneys represented the families of six children who died in a tragic apartment fire on Chicago’s north side. Two other children had sustained severe burns in the fire. The landlords of the building where the deadly fire occurred failed to have proper and working smoke detectors in violation of the Chicago Municipal Code. The Chicago attorneys obtained a $6 million settlement on behalf of the families of the Chicago fire victims.

Click here to read more about the deadly Illinois fire.

A year ago, a fifth-grader was tragically found hanging in the bathroom of an Evanston suburban elementary school. An autopsy by the Cook County Medical Examiner’s office determined that the 10 year old Skokie boy died of hanging and ruled his death a suicide. Recently, the Chicago Sun-Times reported that the family of the fifth-grader has filed a wrongful death lawsuit against the Evanston school district. The wrongful death lawsuit plaintiff contends that the school district had the responsibility to keep her son safe during school hours. The wrongful death lawsuit alleges that no effort was made to locate the 10 year old after he went missing as students were lining up to go to gym class. The 10 year old was found 30 minutes later by another student.

The wrongful death lawsuit has four counts, which claim wrongful death negligence, survival action negligence, wrongful death related to willful and wanton conduct, and survival related to willful and wanton conduct. Each of the counts seek in excess of $50,000. To better understand the meaning of the lawsuit, the attorneys at Levin & Perconti wish to explain some of the terms of the wrongful death lawsuit. First, negligence is a party’s failure to use reasonable care; it is the doing of something which a reasonably prudent person would not do. Further, willful and wanton conduct is the conscious and intentional disregard of an indifference to the rights and safety of others, which the defendant party knows or should know is likely to result in injury, damage, or other harm. Thus, the wrongful death lawsuit against the school district alleges that the school acted with a conscious disregard for the 10 year old’s safety or at the very least failed to use reasonable care.

Click here to read the Chicago Sun-Times article on the wrongful death lawsuit. ht

A company has agreed to pay a product liability settlement in the amount of $200,000. The settlement will settle allegations that it violated U.S. law when it imported the Thomas and Friends, Curious George, and Winnie the Pooh toys that had high levels of lead in them and posed dangers to children who used the toys. The Consumer Product Safety Commission had alleged that the company imported tens of thousands of toys that violated the federal lead paint ban and then distributed them to retail stores.

Click here to read more about the product liability settlement.

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.

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

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

Continue reading "Clarification on crib recall" »

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

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

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

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

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

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

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

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

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