Articles Posted in Personal Injury

Children and Infants Neglected at Immigrant Detention Centers 

A new report described the humanitarian crisis involving U.S. Customs and Border Protection (CBP) and more than 250 children, including infants living in “squalor and neglect” due to a lack of sanitation, food, and water at a facility in Texas. Within the report were interviews between lawyers, physicians, psychologists, and caseworkers and the children who shared information about their living conditions. Several media outlets have since covered the story and shared these horrific examples of neglect.

  • The Associated Press: “The conditions within which they are held could be compared to torture facilities,” said Dr. Dolly Lucio Sevier. “That is, extreme cold temperatures, lights on 24 hours a day, no adequate access to medical care, basic sanitation, water, or adequate food.”

product liability

Johnson & Johnson’s Talc Powder Product Marketing Still Aimed at Minority Groups Despite Cancer Claims

Decades of questioning the use and dangers of cosmetic talc powder in health and personal hygiene products finally came to light in 2006, when the World Health Organization began classifying cosmetic talc as “possibly carcinogenic.” At the head of the issue was well-known consumer product company, Johnson & Johnson along with its signature Baby Powder products. Despite tests revealing that the talc J&J uses is possibly harmful to humans and its related health risks, the company continues to focus on selling the product focusing on its longtime consumers. These groups include African-Americans, fitness enthusiasts and overweight women who use the products as a genital antiperspirant and deodorant. The inexpensive products are being explicitly marketed to improve the livelihood of a group of innocent consumers misinformed from a company undeterred by the concern about the health effects and cancer risks of talc.

Consequently, these same minority and overweight women audiences are being struck with ovarian cancer or mesothelioma and now make up a large number of the plaintiffs alleging that J&J’s Baby Powder and Shower to Shower products were the cause. And in July of 2018, J&J was ordered to pay $4.69 billion to 22 women who had claimed that asbestos in the company’s talcum powder products caused them to develop ovarian cancer and failed to warn consumers about the risks associated with its use.

work injury attorney

New Proposed Legislation for Illinois Workers Exposed to Toxic Substance Injuries Now Sits with Governor Pritzker

The Illinois General Assembly has passed Senate Bill 1596, which is now at the hands of the new Governor awaiting passage to become a law. The legislation will allow workers to file a claim for benefits after being exposed to harmful substances (such as asbestos or beryllium) and later develop symptoms of injury or disease after the statutes of limitations has run out. The current 25-year time bar has made it nearly impossible for those workers to seek support thru the Illinois civil courts for assistance in recovery from their occupational diseases. SB 1596 would amend sections of the state’s current Workers’ Compensation Act and the Workers’ Occupational Diseases Act and applies to cases in which the statutes of limitations preclude recovery.

25-Year Timeline for Toxin-Related Employer Liability

A federal agency’s results from a May air quality investigation that shows the risk of cancer in Willowbrook and surrounding communities is higher than the EPA initially reported to the facility, Sterigenics, in December. Ethylene oxide (EtO) emissions from Sterigenics International, Inc., a plant that specializes in the sterilization of medical equipment, pharmaceuticals and foods/spices, have been given off from the facility since 1984. The federal agency behind the most recent investigation is the Agency for Toxic Substances and Disease Registry (ATSDR), a division of the Department of Health and Human Services.

According to the EPA, the cancers associated with excess EtO exposure include:

  • Breast cancer

halloween safety

Trick-or-Treat: The Scary Truth About Halloween Injuries

Many Halloween traditions involve pumpkins, apple cider, and even a scary hayride, but we are going to bet there will be some neighborhood trick-or-treating involved too. And for the more than 41.1 million trick-or-treaters, the majority children ages 5 to 14, who hit U.S. doorsteps in 2017 requesting a Halloween treat, many injuries followed. This year, the attorneys at Levin & Perconti, especially those with young families of their own including Mike Bonamarte, Margaret Battersby Black, Marvet Sweis Drnovsek, Colleen Mixan Mikaitis, AJ Thut, Jaime Koziol Delaney, and Pam Dimo thought it would be helpful to share a few easy ways our blog readers can protect children from injury while trick-or-treating this Halloween night.

  1. Be Seen

“If you don’t have enough staff to take care of the kids, that’s negligence.”

-Casa Guadalupe employee speaking to ProPublica for Records Reveal “Lax” Supervision, Sexual Activity at Chicago-Area Shelters Housing Immigrant Children

Following on the heels of news that an HIV-positive employee at a youth immigrant shelter in Mesa, Arizona has been charged with 11 counts of sexual misconduct against minors, comes a report of similar offenses within Chicago-area facilities.

Earlier this month, a woman was awarded $500K by a Georgia jury who found that the homeowner was liable for a deck collapse that caused the woman to break her leg in two places. The woman, Monica Conover, was a party guest at the rented property in 2014. The homeowner, Tyson Martin, was found 85% responsible, while the tenants hosting the party were found to be 15% liable.

The deck was said to be over 30 years old and photos taken prior to Mr. Martin purchasing the home showed that he had since repaired certain parts of the deck, indicating that he was aware of the deck’s structural problems. A contractor who came in after the collapse to repair the damage said that the deck was not properly secured to the house and that much of the wood was rotten. Ms. Conover’s attorney quoted the contractor’s testimony, saying that “He said that deck was completely unsafe and that, had a qualified person… inspected it, there’s no way he would’ve let anybody go out there. No way.” Conover’s attorney also asked the jury “Is it reasonable for a landlord to inspect a deck that is 35 years old before they rent it out? And you all get to make that decision.”

Deck and Porch Collapses – Do You Have a Reason to Sue?

Late last year, stories began flooding the news about Samsung’s Galaxy Note7 phone, a device that bears more resemblance to a small tablet than a smartphone. Released just last August, by October so many complaints of spontaneously exploding phones had been thrown at the company that they decided to stop all sales of the Galaxy Note7 until they could determine the cause of the fires. In the same press release, Samsung implored all users to immediately turn off their phone and send back for either a refund or for an entirely different model. What many Galaxy Note7 users likely didn’t notice was that buried at the bottom of the phone’s box was a small 16 page booklet containing a paragraph stating that users could not sue Samsung. Instead, they were agreeing to binding arbitration as a means to settle any claim of injury or death arising from use of their product.

Teen Among Many Injured By Galaxy Note7

In Illinois, Michael Taylor, 19, went to sleep with his Samsung Galaxy Note7 on the charger next to his bedside. He woke up hours later to excruciating pain in his leg and to his smartphone on fire. The phone had exploded while charging, causing severe burns to the teen’s leg. When he consulted with an attorney in an attempt to sue Samsung for his injuries, it was discovered that hidden deep in a booklet seldom read by users, Taylor had unknowingly agreed to arbitration. Without knowing it, Taylor had waived his right to a jury trial, agreed to use an arbitrator chosen by Samsung to settle his dispute, and to pay Samsung’s legal fees if the arbitrator determined Samsung was not at fault. While that same part of the booklet also states that consumers can opt out within 30 days of purchase, it is hardly likely that most consumers would read a 16 page booklet of terms and conditions. Users assume that the products they purchase are safe and that they are protected by law should an injury occur from its use.  Instead of taking true ownership for the burns suffered by Mr. Taylor, Samsung hid behind the agreement they placed in the product packaging, stating that he agreed to abide by their arbitration process to settle any grievances.

The elderly and veterans are valuable members of our society. They have contributed a lifetime to the area and years of service and defense to the country and our liberties. For that reason, they need to be protected and cared for, as they have done for us. Oftentimes, these individuals have conditions that require a great amount of care in which they no longer live independently but in cared facilities. Because they are under the care of a facility, they are owed a legal duty of care to be protected and kept safe from harm and neglect.

According to a recent article by the Chicago Tribune, two residents of an Illinois veterans’ home recently died of Legionnaires’ Disease. The home is located in Quincy, Illinois – approximately 300 miles southwest of Chicago. The two residents were among 23 others who had been diagnosed with the disease at this facility.

For those unfamiliar, Legionnaires’ Disease is a severe form of pneumonia. It consists of lung inflammation usually caused by an infection. It is not transmitted from person to person, and many people contract the disease by inhaling the Legionella bacteria.

This instance is now considered so severe that the Adams County Health Department Director of Clinical and Environmental Services has iterated that the state health department is recommending that elderly people, anyone sick, and anyone who has immunity problems should not visit this home. These people would be extremely vulnerable to the disease and could easily catch it, as the Legionella bacteria is now very prevalent. The official also stated that normally this bacteria is found in such small doses that people do not become ill. However, when a cluster of people become ill, there is likely one source point. The health department is confident the disease is contained to this single veterans’ home.
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Having children is a joy to families. These youngest members of families are a lot of fun, especially in helping them learn and grow. Part of being a kid is having a fun and educational environment that helps you learn about the world around you, grow physically, and expand your mind. Families should not have to worry about kids being harmed by products and toys aimed at helping children do so.

Retailers have a legal duty under product liability law to provide safe goods that will not cause harm or injury to the users. Even though children may not be the ones purchasing the product, they are the foreseeable users and recipients of toys and other children’s goods. This means that companies have a duty to inspect all products for defects, warn of known defects, and remove dangerous products from the marketplace. Where they fail in this regard and do not abide by this standard of care and injury results to a child, they can be held liable in a product liability lawsuit for injuries they have caused.
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