The Illinois injury attorneys at Levin & Perconti have been watching the status of several bills that will affect our clients and have noticed that they have been stalling pending the passage of the historic health care bill. While the Chicago medical malpractice attorneys are relieved that our lawmakers are finally addressing comprehensive health care reform, we are anxious about the status of several other bills. We agree with the American Association for Justice and are confident that the healthcare bill’s passage will now allow for progress on other bills that we’ve been watching.
Some key measures that have stalled in the House and the Senate that the Illinois medical malpractice attorneys at Levin & Perconti are focused on include:
(1) The Medical Device Safety Act (H.R. 1346, S. 540), which would allow medical product liability victims to bring product liability lawsuits in state court against makers of faulty medical devices.
(2) The Notice Pleading Restoration Act of 2009 (S. 1504), which would restore the “notice pleading” standard that was the standard for many years in federal court and overturn the Supreme Court’s cases requiring personal injury plaintiffs and other plaintiffs to put enough facts in a complaint to establish a “plausible” claim in order to withstand a challenge by the defense. As Chicago injury lawyers, we are paying close attention to this bill. Requiring injured victims who sometimes have little to no information as to who caused their injuries at the time of suit to file a detailed complaints puts a large burden on plaintiffs and limits their access to justice.
(3) The Foreign Manufacturers Legal Accountability Act of 2010, which would make it easier for American consumers injured by defective products, such as the controversial Chinese-manufactured drywall, to file product liability lawsuits against foreign manufacturers of defective products.
To read more about the stalled bills that affect negligence lawsuits that Illinois injury attorneys are watching.
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