Illinois Injury Lawyer Blog

A recent report by the Chicago Tribune reveals a devastating problem: manufacturers of window blinds have ignored demands from federal regulators asking for increased safety standards and to eliminate exposed cords on window blinds and shades that pose a fatal safety risk to young children.

According to U.S. regulators, children can get caught in the cords that hold the blinds together or the cords that are used to pull blinds up and down. In fact, the Federal Safety Agency has said that more than 200 children in the United States have died in the last two decades from being strangled in window cord-related accidents with blinds and shades. Nevertheless, manufacturers, who are responsible for setting their own safety standards, have implemented less-stringent requirements that, according to the Chicago Tribune, advocates say won’t reduce injuries or deaths.

In the summer of 2011, safety regulators from the United States, Canada, and Europe appealed to the window blind industry to raise product safety standards that would reduce the risk of strangulation. However, “the industry is clinging to the status quo and is refusing to address this very dire safety issue,” said Rachel Weintraub, director of product safety with the nonprofit Consumer Federation of America and a member of a task force drafting the new standards.

Safety regulators want the window-covering producers to manufacture blinds without the long cords used to pull blinds up and down; these cords can get wrapped around the necks of children, causing death and serious injuries. In response, manufacturers have said that it’s just not feasible to rid blinds of cords, and that it’s impossible – and unrealistic – to rid the product of all risks.

But that’s not quite right. According to the Chicago Tribune, some companies already make blinds with inaccessible cords. The only issue is that, although that technology exists for some blinds and shades, the cordless technology can add to costs. Asked Bill O’Connor, president of B&W Window Fashions in Waukegan, Illinois, “if it’s a better mousetrap, why isn’t it offered as a standard feature?” His company has developed a Roman shade that doesn’t have accessible cords, and doesn’t cost more to make.

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 this particular situation, two of these types of liability are incurred. No matter how well the blinds are put together, they pose a risk of strangulation to children. Because these products are inherently dangerous, if a child is harmed or killed by the blinds, the manufacturer could be held legally responsible for the damages caused, and an Illinois wrongful death lawsuit could potentially arise.

Additionally, these dangerous products don’t carry warnings. According to the Chicago Tribune, federal regulators are also proposing that manufacturers require that a warning label on product packaging saying: “for child safety, consider cordless alternatives or products without accessible cords.” Nevertheless, safety advocates say the warning doesn’t explicitly tell parents not to use the products if children are in the home. If parents are unaware of the strangulation hazards posed by the window-coverings and a child is harmed as a result, the parents may be able to bring a Chicago personal injury lawsuit on behalf of the child.

At this point we can hope that regulations passed are stringent enough to protect children, and urge parents to become educated about the safety hazards associated with these products. We are especially proud of our Chicago personal injury attorneys and the changes that their efforts have brought with regard to dangerous products and Illinois product liability law. In many instances, they have not only recovered substantial verdicts and settlements for our clients, but also helped to ensure that the defective product was removed from the market and prevented from causing any further pain, suffering, and damage.

This holiday season, in addition to fanatical Black Friday shoppers and long lines at retail stores, customers have one more thing to worry about: being coerced into accepting arbitration clauses that apply when products are dangerous or defective and consumers have to bring Chicago personal injury lawsuits as a result.

According to a recent report by the American Association for Justice (AAJ), a number of American companies are including forced arbitration clauses in the fine print of their merchandise; by buying the product, the customer agrees to the terms.

An arbitration clause is a common part of a contract that requires parties to a dispute to solve the issue through an arbitration process, rather than allowing parties to have their day in court. Additionally, arbitration clauses can bind parties to a particular jurisdiction, meaning that parties must travel to that jurisdiction to resolve conflict, and that the laws of that particular jurisdiction apply to the dispute.

Support for arbitration clauses stems from the fact that they reduce the burden on overstrained courts. However, when one party writes the terms of the clause and the other party has no choice to accept – other than to not get the benefit of the product – they can sometimes be unfair, especially where the party writing the contract is a large company. When a person suffers injury – for instance, in this case, harm from a product – the victim may be saddled with having to travel far from home to seek justice.

Illinois products liability law is an area of law that protects the public from hazardous products. When corporations manufacture merchandise and distribute it to the public, they have the responsibility of ensuring that their product is safe for consumer use or consumption. When a customer is harmed, infected, or killed as a result of a flawed product, the company may be held liable for those injuries, and may be legally responsible for the damages stemming from the harm caused by the product.

In this particular situation, the forced arbitration clauses are slanted against the interests of the consumers. As per the AAJ’s report, “in the event of a dispute with a corporation, the clause states that a consumer cannot take their case to court but instead must have their complaint decided in a private arbitration forum. The corporation often decides where this will take place and who the arbiter will be, leaving consumers with high fees and biased decision-makers.”

Moreover, following a decision by the United States Supreme Court that upheld the practice of including forced arbitration clauses in products, more and more corporations are getting on board. Although Sony was the first company to bury forced agreements in the sale of merchandise, AT&T, Starbucks, Microsoft, and Xbox manufacturers – among others – have done the same.

Unquestionably, when both parties willingly and knowingly agree to arbitration, it, and other forms of alternative dispute resolution, have enormous benefits. Nevertheless, when an innocent consumer is harmed because of a corporation’s negligence, the victim should not suffer more by being denied access to the courts. Our Chicago personal injury attorneys want consumers to be safe this holiday season, which includes checking the fine print carefully before unknowingly limiting their right to justice.

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 Illinois personal injury attorneys were content to hear that justice had been served in a case where a 29 year-old mother was killed by a Toys “R” Us product. When companies put products on the market, they are responsible for their merchandise, and its safety; when injuries are caused by defects in the companies’ products, any business that manufactured or distributed the product to the public can be held liable for the damages incurred. Often these accidents can be devastating to families, such as was the case in this particular incident.

A jury recently awarded $20.6 million in damages to a man whose wife died from injuries caused by a flaw in the design of a swimming pool slide from Toys “R” Us. In July of 2006, the woman went down the inflatable slide into the pool where her husband and baby daughter were swimming. According to the Boston Globe, as she neared the bottom of the slide it “bottomed out,” which caused her head to hit the pool deck as she entered the water.

As a result of the slide’s failure, the mother suffered neck fractures that left her quadriplegic, and ultimately she had to be taken off life support because of the seriousness of her injuries. The jury awarded both compensatory damages and punitive damages to the family, following the hearing in court.

Briefly, compensatory damages are intended to reimburse a family for things such as time lost with their loved one, the loss of companionship and love from their family member, and the amount of projected wages that the deceased individual would have contributed to the family’s future income. 
Punitive damages, on the other hand, are monetary verdicts awarded to injured parties that serve to send a message to a company that their behavior is unacceptable. They act as a discouragement to the defendant and others similarly situated, and – in the best case scenario – stop others from engaging in the same negligent acts or omissions.

As per the report by the Boston Globe, the faulty Toyquest Banzai slide was imported from China and did not comply with federal standards regulating swimming pool slides. In this case, the punitive damages would serve to show Toys “R” Us that they cannot sell defective products, nor put products on the market that are not properly tested to comply with safety standards.

Our Chicago personal injury attorneys understand how devastating injuries from Illinois products liability cases can be. They have the understanding and diligence required to succeed, and 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, which killed the occupants of the vehicle.

If you or a loved one has suffered as a result of a flawed or faulty product, you may be entitled to compensation for your injuries. Please contact an attorney immediately to be apprised of your rights under the law.

A Chicago man recalled his experience of sustaining personal injuries from the dangerous flaming gel fuel. He told the Chicago Tribune that he remembered seeing a fireball go towards him and when he tried to shield his face, the flaming gel covered his face, arm, and shirt. The 31 year-old Lakeview Chicago man was merely attending a housewarming party for a friend in Chicago. The friend had his deck decorated for the housewarming party, including a decorative table to hold a flame in the middle. The dangerous flame is fueled by a gel that comes out of a bottle and burns without a wick. When the flame went out or got low, his friend added more gel, causing the explosion to occur and spraying burning gel onto the Chicago personal injury victim as he sat a few feet away.

Continue reading "Demands for ban of flaming gel fuel intensify" »

The Attorney General of Illinois, The Honorable Lisa Madigan, issued an urgent request today about a dangerous product. She is calling on the Consumer Product Safety Commission to ban the sale of gel fuel products used in portable fire pots. The ceramic fire pots that use the gel fuel have been around for nearly two decades; however, more recently, they have been popularly used to create ambience and repel mosquitoes and other bugs. You have probably seen them or maybe your friends have them. Illinois Attorney General Lisa Madigan told reporters yesterday during a press conference at the State of Illinois building (Thompson Center) in downtown Chicago that the problem with the fuel gels is that they are usually sold in conjunction with a fire pot. These fire pots have a metal container that you pour the fuel gel into and then you ignite that fuel gel and put it outside. But, for many people, they do not think the fuel gel is lit when it actually is and they end up pouring more of the fuel gel into the fire pot. When they have done this, Madigan says, “it has horrible consequences.”

Attorney General Madigan addressed that an alarming number of people in the state of Illinois and across the country have been gel fuel victims. One of them was Chicago resident Jeff Sipple who received serious personal injuries while he was an innocent bystander at a social gathering. The Chicago personal injury lawyers were shocked to read that he was probably seven to ten feet away from the fire pot. Mr. Sipple stated that he thinks it is important for people to know that it was not somebody playing around. He was distanced from the fire pot and it burst into a ball and actually lit the left side of Mr. Sipple’s body on fire, causing serious Chicago burn injuries. Mr. Sipple explained that when he was trying to put out the fire, he also tried to stop, drop, and roll. The most haunting part of the Chicago personal injury victim’s story is describing how hard it was to put the fire pot out. He explained that “it’s lighting the stuff that we’re touching on fire. It’s a pretty harrowing experience.” There are several manufacturers of the fuel gel on the market and Illinois Attorney General Madigan is calling on the safety commission to ban all of them immediately.

Watch the video of Illinois Attorney General Madigan’s press conference about the dangerous product below.

The death of a worker in the summer of 2009 during a road paving project has led to an Illinois wrongful death lawsuit. The Madison-St. Clair Record reported on the details on the latest court filing.

The victim was an employee with Southern Illinois Asphalt who died when the asphalt roller which he was manning flipped over and killed him. His wife recently filed an wrongful death lawsuit against both the makers of the roller, Ingersoll-Rand Company and Delta Asphalt, and Southern Illinois Asphalt. In her complaint the woman states that the company that built the machine should have taken several steps to ensure the safety of those who rode in the machine.

She specifically is alleging problems with the design of the roller. The victim claims that her husband’s death was caused in part by the roller’s lack of a seat restrain system. She also argues that the company was negligent in not equipping the machine with roller protection or warning users of the product that it was unsafe to operate without such protection.

In the claim again the man’s employer, Southern Asphalt, the complaint alleges that they failed to provide her husband with a safe work place, ensure the safety of their equipment, or to provide an adequate flagman at the job site.

Continue reading "Illinois Wrongful Death Lawsuit Filed After Man Dies in Asphalt Roller Accident" »

A Midwestern woman with personal experience dealing with E.coli bacteria recognizes how much the bacteria can change a person’s life. She is calling the E.coli outbreak in Europe horrible. The 24 year-old woman states: “It kind of makes me sick. You think they would learn by now.” Four years ago, the woman became ill with E.coli after eating a hamburger. Her life dramatically changed from the illness – after nearly a year in the hospital with brain and kidney damage along with paralysis from the waste down that ended her career as a dance teacher, the woman settled her product liability lawsuit against Cargill in 2009.

Now, the recent news of the European E.coli outbreak is leaving the food poisoning victim shocked. She stated that officials have an obligation to ensure that contaminated food products do not make it onto the market. She expressed that officials need to think about it and take their time.

Continue reading "E. Coli outbreak troubles Midwestern woman" »

Federal regulators recently announced a product recall that may hit close to Illinois homes this Memorial Day weekend. Many pools across the country will need to replace faulty safety equipment that can lead to swimmers getting trapped underwater and drowning. The product recall of pool drains involves 1 million covers. The timing of the product recall by the United States Product Safety Commission (CSPC) made many pool owners and operators frustrated. Our Illinois product liability lawyers hope that such action will prevent injuries or deaths. Pool owners and operators have, in the recent years, installed safety equipment; unfortunately, this has failed to make these drains safe. Hiring a pool professional to replace drains can cost hundreds of dollars, which frustrates the homeowners and operators. The CPSC noted that larger pools with multiple drains or gravity draining systems will not need to close, but those with a single main drain will need to close if their drain is one of those recalled.

The danger of pool drains, which may seem harmless, occurs when the drains do not have proper covers. Then, the drains can act like supercharged vacuum cleaners, which are capable of trapping people under water with hundreds of pounds of suction force. Earlier this year, a Chicago Tribune investigation revealed how pool drain covers failed safety tests. The investigation revealed a confidential report where witnesses to tests concluded that some pool drain covers certified that the drains could result in “serious injuries and/or death.” The CPSC had also fielded safety complaints about the drain covers for more than two years, but did not launch any investigation until last year.

Continue reading "Chicago Injury Lawyer Alert: Pools may be affected by product recall of drain covers" »

Our Chicago product liability lawyers frequently visit the Consumer Product Safety Commission website to review recent product recalls. Many consumers are unaware of product recalls, which leaves many people vulnerable to personal injuries due to dangerous products that may be in their homes. Two recent product recalls, bunk beds and light bulbs, are especially important. The bunk beds can result in injuries to children and the light bulbs are likely in a lot of homes!

The United States Consumer Product Safety Commission (CPSC) and Health Canada, in cooperation with the firm that manufactured the bunk beds, Dorel Asia SRL has issued a product recall for bunk beds. The product recall states that consumers should stop using the recalled products immediately unless otherwise instructed. The products are wooden bunk beds and about 445,000 units exist in the United States. The wooden side rails that run from the headboard to the footboard and hold the bunk bed’s mattress in place may split and cause the bunk bed to collapse, which poses a fall hazard to consumers. The manufacturer and CPSC has received over twenty reports of the side rails cracking or breaking, resulting in at least seven cases where the user had minor bruises or abrasions.

Continue reading "Bunk beds recalled due to danger of collapse; light bulbs due to fire hazard" »

There are few cases on which a Chicago personal injury lawyer will work that involves more emotion that than the death of a young child. Unfortunately, accidents that take the life of infants occur with starling frequency.

The New York Times reported last week on one common household product that claims the life of an average of one child every month: window blinds. More specifically, the cords on many window blind systems are dangerous choking hazards for infants. The article recounts the story of one mother who ran into her two-year-old’s bedroom only to find him hanging lifeless inches from the ground. The child had a blind window cord wrapped around his neck. He ultimately died from the asphyxiation.

Similar deaths have occurred for the last quarter century. However, the federal government is now taking a closer look at the safety hazard and is asking blind manufacturers to eliminate the risks posed by these cords. If manufacturers fail to take steps to eliminate risks, federal regulators at the Consumer Product Safety Commission may institute new mandatory regulations.

Consumer safety advocates have long complained that the manufacturers of these products have done little to address the problem. More specifically, there remains a very simple way to eliminate the problem completely: cordless blinds. However these blinds are more expensive to manufacture and sell. Besides that option, manufacturers also can create retractable cords or covered cords that are inaccessible to children. Each of those alternative options are cheaper to manufacture than entirely cordless blinds.

Continue reading "Chicago Personal Injury Lawyer Shares Concern Over Window Blind Safety" »

The Consumer Product Safety Commission (CPSC) is coming under fire in a recent Chicago Tribune article questioning why the Agency failed to investigate the popular crib bumper pads that had trapped and killed infants. In 2006, one baby was determined by the medical examiner to have suffocated after being trapped against padding in the corner of the crib. Federal regulators never examined whether the baby’s death involved an unsafe product and that wrongful death was only one of at least seventeen cases where the CPSC did not investigate the child’s death, even though the CPSC had reports on file suggesting that the unsafe bumper pads played roles in the facilities.

The Chicago Tribune investigated some of the cases and found that the medical examiners and coroners reported that bumper pads were involved in the suffocations. Now, the CPSC is trying to decide if the popular nursery products are safe, but is doing the investigating without having investigated all of the wrongful deaths that involved bumpers. The American Academy of Pediatrics and other consumer protection and advocacy groups have urged parents not to use the crib bumpers because they present such a suffocation risk. Officials are examining if there is a scientific link between bumper pads and suffocations or if other factors, such as blankets, pillows, or medical issues, played the primary role in the babies’ deaths. In addition to the seventeen cases mentioned, the Chicago Tribune also found that officials have investigated at least a dozen infant deaths where bumpers appeared to play a role. The safety agency stated that in those fatalities, the bumpers were not clearly the culprit because of other factors.

Continue reading "Agency questioned for failing to investigate deaths related to crib bumpers" »

The Consumer Product Safety Commission (CPSC) latest annual figures show that at least 124.7 million products were recalled including children’s toys, Roman blinds, and chenille bathrooms. Overall, recalled products were associated with twenty-six deaths. Product recalls for some food and drug products hit record highs last year. According to Consumer Reports, many people do not do much to protect themselves and many companies do not take the necessary strong action to make sure that their customers are informed. There are websites (such as www.recalls.gov) that allow consumers to get information about product recalls of food, drugs, cosmetics, autos, and a wide range of other products. These sites are important because most consumers do not know whether the product they are using is safe or not.

Our Chicago product liability lawyers have long hoped that the CPSC website was more user friendly for individuals to search whether they had dangerous products. Fortunately, last month, the CPSC went live with a database where consumers can search for safety information on products they own or may consider buying: www.saferproducts.gov. Reporting product safety incidents through the database is simple and easy to use. Following procedures set up by law, CPSC will review all online reports and have five business days to transmit qualifying reports to the manufacturer where possible. Manufacturers then have 10 days during which they may respond and provide comments and/or claims. At the end of the 10-day period, if all requirements are met, the report and the manufacturer’s comments will be posted on the database website.

Visit the product safety database if you are concerned about any of the products you are using.

The United States Supreme Court has decided that federal regulations allow product safety lawsuits over seat belts. A recent update from the Illinois Trial Lawyers Association addressed the recent decision by the U.S. Supreme Court. The Supreme Court ruled that federal regulations setting vehicle safety standards do not bar lawsuits seeking damages from automakers for installing lap-only belts. The unanimous ruling regarding a California product liability lawsuit against automaker Mazda Motor Corp. after a 2002 fatal auto collision involving a 1993 Mazda minivan. The wrongful death lawsuit involved the death of a passenger sitting in a rear seat and wearing a lap-only seat belt. The wrongful death lawsuit claimed that the minivan was defectively designed because it was lacking a lap and shoulder seat belt for the rear seat.

In response, the auto maker replied that it complied with safety regulations in effect at the time. A state appellate court ruled that the product liability lawsuit could not proceed, but the Supreme Court overturned that ruling. Justice Breyer, writing for the Court, stated that the federal safety regulation did not pre-empt state tort lawsuits claiming that the auto manufacturers should have installed lap and shoulder belts, instead of lap-only belts, on rear inner seats.

Continue reading "Supreme Court allows product safety lawsuit over seat belts" »

The Illinois Trial Lawyers Association just pointed out that a little-noticed provision in the food safety law signed by President Barack Obama protects food industry workers who become whistle-blowers against retaliation from their employers. The food safety overhaul came on the heels of numerous product recalls of unsafe foods, including salmonella in eggs and peanuts and E. coli in spinach and other leafy greens. One provision in the law protects workers at food companies regulated by the FDA from being demoted, fired, or denied promotions or raises if they “whistle-blow”/speak up about what they think are violations at the company. The FDA regulates most foods, except for meat and poultry products, food additives, infant formulas, dietary supplements, human drugs, vaccines, medical devices, electronic products, cosmetics, feed, drugs, and tobacco products. The new law protects workers if they reasonable believe an action violates the food safety act and for objecting to performing work that they reasonably believe is illegal. The Department of Labor and federal courts can reinstate fired employees and award back pay, interest, attorneys’ fees and other damage. The law only covers food businesses regulated by the Food and Drug Administration (FDA). Workers who are regulated by the US Department of Agriculture, such as those in the meatpacking industries, are not protected by this provision.

Our Chicago injury lawyers represent plaintiffs in the Chicago or greater Illinois area in food safety and product liability lawsuits against manufacturers or corporations who sold or manufactured unsafe products to consumers. “Products” include a wide range of categories, including food.

Read our related posts:

Protect your household against salmonella poisoning.

Passage of Food Safety bill urged.

Earlier this month, the FDA ordered a product recall of nearly 500 prescription medications used for treating colds, coughs, and allergies from the United States market. The reason, according to the Food and Drug Administration (FDA), is that the drugs contain ingredients that have not been approved by federal regulators. These products had not been formally evaluated by federal regulators and is being referred to as the latest in a series of actions by the FDA to stop the sale of products sold without government authorization. The FDA stated that the agency was unsure if the drugs were safe or effective and believe that their existence on the market poses an untenable risk to US consumers. Hence, removing these unapproved products will reduce potential risks to consumers.

The unapproved drugs have been linked to some minor problems, such as drowsiness and irritability. However, the agency is concerned that medical problems associated with the drugs may be significantly underreported. Some of the products are labeled as suitable for children, but contain ingredients covered by a 2008 FDA advisory that warned against over-the-counter medications in children under the age of 2. Some of the drugs combine two varieties of the same ingredient that could cause excessive drowsiness. Agency officials do not know how many patients are taking the drugs that would be removed from the market. Over-the-counter medications, which are used more frequently than prescription drugs, are not affected by the FDA’s order. Many questioned whether physicians were aware that they prescribed a drug that was never approved by the FDA.

Visit the New York Times to read more about the FDA cold drug product recall.

WHEC.com recently announced a DePuy hip replacement recall lawsuit was filed by a man who required a second hip replacement surgery only a year and a half after the man received his hip replacement made by DePuy Orthopaedics. The man received a hip implant made of cobalt and chromium, but the metal rubbed together and the metal shavings made their way into his blood stream. He suffered from inflammation and muscle atrophy before receiving a letter informing him about the hip replacement product recall. The plaintiff’s DePuy hip recall lawyer said that the company wanted to continue to make money off of the hip implants as long as they could. As a result, a lot of people have received further injuries from the faulty hip implant and required multiple surgeries. More than 100,000 faulty hips were implanted worldwide. Accordingly, multiple DePuy hip product liability lawsuits are being filed across the country.

The hip replacement product recall was announced in August 2010 when DePuy Orthopaedics announced a voluntary recall of two hip replacement systems, the ASR XL Acetabular System and DePuy ASR Hip Replacement System. Studies involving the faulty hip implants found that many patients who received the DePuy hip implants suffer from pain, swelling, and difficulty walking in addition to other symptoms. Many have required revision surgery to correct painful issues with the implants. If you or a loved one received a DePuy hip implant and underwent further surgery or experienced other complications, contact an experienced products liability lawyer at Levin & Perconti at 877-374-1417 to discuss your legal options.

Read more about the DePuy product liability lawsuit at WHEC.com.

The Chicago injury lawyers at Levin & Perconti want to make our readers aware of a huge recall that popular car dealer Toyota issued to address pedal and floor mat defects. The National Highway Traffic Safety Administration has closed its investigation of Toyota after the company issued the product recall of over two million vehicles in the United States last week to address accelerator pedals that may get jammed in carpeting or entrapped in floor mats. Stressing that the recent product recall is not related to any newly-discovered defects, Toyota stated that “While our actions up to now have led to a substantial reduction in reports of acceleration concerns, we […] agreed that Toyota would take these additional steps to help ensure that acceleration concerns are further reduced.”

The Chicago Tribune reported that the pertinent Toyota models that are in need of gas pedal repair are the 2008-2011 model year Lexus LX 570, 2010 Toyota RAV4, and the 2003-2009 Toyota 4Runner. Additionally, the following models are subject to the product recall to replace the floormat and retention clips: 2006-2007 Lexus RX 330, RX 350, and RX 400h, and 2004-2006 year models of the Toyota Highlander and Highlander Hybrid. In order to protect drivers against the potentially unsafe vehicles, Toyota has laid out an extensive number of repairs that it will be required to make. There has been skeptical reactions to the product recall among plaintiffs’ attorneys. One plaintiff attorney who is addressing wrongful death lawsuits against Toyota stated his belief that there is more to the recent recall than just floor mats entrapping the gas pedal.

More information about the Toyota product recall is available at Chicago Tribune.

An auto recall was announced recently that may affect our readers. Ford Motor Company stated that it will recall nearly 150,000 F-150 pickup trucks to fix air bags that could deploy without any warning. The government had raised concerns about the product safety problem. Ford specified this week that the product recall covers trucks from the 2005-2006 model years in the United States and Canada. Ford characterized the product recall as a “relatively low risk.” Nonetheless, the risk exists that the air bags can deploy inadvertently. This product recall is much smaller in scope than what the government had requested. Last month, the National Highway Traffic Safety Administration told the Ford company that the product recall should cover 1.3 million vehicles from the 2004-2006 model year, citing dozens of personal injuries.

Products liability is an area of Chicago personal injury law that focuses on dangerous and defective products. In addition to motor vehicle problems, “products” in this instance covers a wide range of categories, including medical devices, machinery and tools, food and tobacco, toxic chemicals, firearms, household products and appliances, toys, recreational equipment, and clothing.

Continue reading "Ford announces recall of 150,000 pickup trucks" »

While we frequently address the product liability and Chicago wrongful death that our readers need to be aware of when they leave their home, we do not always discuss the dangers within your home that can be caused by simple oversight. You childproof your home to avoid dangerous injuries to your children caused by product liability. You make sure your teens do not drive while texting and you get check-ups for your family to keep them healthy. Additionally, you will want to pass these food safety tips onto the family cook.

There are steps that you can take to prevent personal injuries caused by foodborne illness. Wash your hands frequently. Nothing helps to prevent passing on germs like getting into the habit of frequent hand washing, especially while cooking. Keep your cutting board clean. Salmonella, E. coli, and other bacteria can be found on cutting boards that have been used. Be extremely careful to keep your cutting board clean. Keep one cutting board for meats and a second for fruits and vegetables. Additionally, use the dishwasher to clean a plastic cutting board and a scrubber on a wooden one. When you have leftovers, you should put them into the refrigerator no longer than two hours after serving the meal. While you’re near your refrigerator, also check the interior temperature of your refrigerator to make sure that it is not higher than 40 degrees and the freezer is at an even 0 degrees. Finally, do not hesitate to buy and use a meat thermometer. These are not reserved for only Thanksgiving day turkey!

Read more about avoiding salmonella poisoning by visiting The Chicago Sun-Times.