Chicago Injury Attorney Blog

The US Consumer Product Safety Commission is recalling over 2 million cribs from seven manufacturers because they may pose a danger to children. While most of the affected products are drop-side, tens of thousands of stationary-side cribs are included in the mix.

Manufacturers and cribs involved in the recall:

• About 50,000 Simmons drop-drop side cribs
• Approximately 156,000 Million Dollar Baby drop-side cribs
• About 306,000 LaJobi drop-side cribs
• Approximately 130,000 Jardine drop-side cribs
• About 750,000 Jenny Lind Cribs by Evenflo
• All Delta cribs with wooden stabilizer bars and about 747,000 drop-side cribs
• Child Craft drop-side cribs and 40,000-50,000 "Crib ‘N' Double Bed" stationary side cribs with dowel

You can view more specifics about each manufacturer’s recall by going to the CPSC Web site for more details. The federal agency is urging consumers to obtain their free repair kit. Do not fix the defect without it.

No child deaths have been linked to the recalled to the possibly defective products. However, there have been reports of drop-side issues, improper assembly, and mattress problems that have led to entrapment, suffocation, and fall accidents that have resulted in personal injuries to children.

It was just last month that the CPSC issued a warning about the dangers of drop-side cribs, of which more than 8 million have been recalled in the last five years. Since January 2000 at least 32 deaths have occurred as a result of crib suffocation and strangulation (often involving entrapment). Hundreds of incidents involving drop-side detachments and other problems have been reported.

Drop-side cribs tend to be less structurally solid than cribs with all fixed sides. If a crib’s drop-side detaches, a space can open up between the drop side and the mattress that a child can roll or fall into, increasing the risk of entrapment and suffocation.

Recalls and Product Safety Issues, CPSC

Recall: 2M cribs amid suffocation, entrapment hazards, Chicago Tribune, June 24, 2010

Government warns drop-side crib defects have killed at least 32 children, KMOV/AP, May 7, 2010

Related Web Resources:
Product Liability, Nolo

How to Avoid Dangerous Cribs, Good Housekeeping

Continue reading "Over 2 Million Cribs Recalled Over Suffocation, Fall, and Entrapment Hazards " »

The number of salmonella cases involving Subway restaurants in Illinois has reached 60. Fortunately, according to the Illinois Department of Public Health, everyone who got sick is recovering. The Subway restaurants where the salmonella cases were reported can be found in 22 Illinois counties, including Will County, Cass County, Christian County, Knox County, Macon County, Moultrie County, Peoria County, Schuyler County, Tazewell County, Warren County, Bureau County, DeWitt County, Champaign County, Fulton County, Champaign County, Coles County, LaSalle County, Marshall County, Ogle County, Sangamon County, Shelby County, Vermillion County, and Winnebago County, Illinois. Salmonella poisoning symptoms can include diarrhea, stomach pain, abdominal cramps, vomiting, nausea, and high fever.

The Salmonella cases reportedly broke out between May 11 and May 25. The youngest person to be afflicted was age 2, while the eldest was 88. 17 of those who fell ill had to be hospitalized. The specific food that caused the outbreak has yet to be identified.

Kitchens that don’t meet health standards, contaminated or rotten foods, and lack of procedures mandating that kitchen workers only handle food when their hands are clean are some of the reasons why food served at a restaurant might make people ill. While a little upset stomach, which has been known to occur in some instances when restaurant patrons have been fed spoiled foods, might seem harmless enough, no one wants to to eat food that will give him or her indigestion, diahrrea, and stomach pains that may require medical attention and days off from work to recover.

In March, our Chicago Injury Attorney Blog reported on at least 21 Shigella poisoning cases linked to Subway in Lombard, Illinois. At least two DuPage County injury lawsuits related to the food poisoning were filed.

60 salmonella cases now linked to Subway restaurants, Sun-Times, June 8, 2010

The Dangers Of Salmonella Poisoning – And What To Do About It, VitaminsDiary, March 18, 2009

DuPage County Injury Lawsuits Accuses Lombard Subway Restaurant for Serving Bacteria-Tainted Food, Chicago Injury Attorney Blog, March 29, 2010

Related Web Resources:
Division of Foodborne, Bacterial and Mycotic Diseases, CDC

Continue reading "Chicago Area’s Will County Among 22 Illinois Counties Where Subway Restaurants are Reporting Salmonella Outbreaks" »

Terri Washburn Gattone is suing Kirby Co for Cook County products liability. Gattone was hurt when the attachment tube of her vacuum cleaner broke apart and began sucking her hair into the machine. According to her Chicago injury attorney, her hair was “ripped” from its roots. Following the incident with the vacuum cleaner hose, the plaintiff was rushed to an ER.

Washburn Gattone is seeking at least $100,000 in Cook County personal injury damages. Her Illinois products liability lawsuit claims that the Kirby vacuum was “negligent in design” and “defective.”

Three Kinds of Products Liability Cases:

• Negligence
• Strict Liability (Even if negligence didn’t occur, if someone was hurt while correctly using a product that proved defective or unsafe the victim may still have grounds for a case)
• Breach of Warranty

The defect that caused a personal injury can be a design defect, a manufacturing defect, or a marketing defect. A design defect is inherent to the design of the product. A manufacturing defect can occur while the product is being made or produced. Marketing defects include failure to provide proper warnings about dangerous or improper uses and incomplete or inaccurate instructions/directions.

Manufactures, sellers, and distributors must ensure that their products do not have any flaws or malfunction in such a way that they can cause serious injuries or death. By filing a Chicago product liability lawsuit, not only are you holding the negligent party liable for the harm that you have suffered but you may prevent other people from getting hurt because of the same defect.

Vacuum sucks out Libertyville woman's hair, lawsuit claims, Daily Herald, April 24, 2010

Suit: Defective Vacuum Cleaner Sucked Hair From Woman's Scalp, The Huffington Post, April 24, 2010

Related Web Resources:
Products Liability, Cornell.Law.Edu

Kirby Co. of Cleveland

Infantino is recalling over 1 million baby slings after three infants suffocated to death while using them. The infant slings involved in the recall are the “Wendy Bellisimo" and the “SlingRider.” The Consumer Product Safety Commission is telling consumers to stop using these slings immediately.

Earlier this month, the CPSC had warned users about the baby slings because many parents don’t realize that these infant carriers cause serious injuries to children. If the sling’s fabric ends up covering the baby’s face or the infant’s head is bent over in such a way that breathing becomes too difficult, suffocation can occur. At least 14 child fatalities are linked to baby slings.

According to CNN.com, one infant, 7-day-old Derrik, was fine when his mother, Lisa Cochran, put him in an Infantino “SlingRider” to carry him from Costco to the parking lot on May 7, 2009. But by the time she got to the car, the baby’s coloring was yellow and there were purple spots on his face. The 27-year-old mom called 911, but paramedics could not save her baby.

Derrik died from suffocation/compression asphyxia. Cochran filed a products liability lawsuit over her son’s wrongful death.

Another mother, Anthoinette Medley, lost her son, 3-month-old Nelsir, on February 20, 2009. She was carrying him and his twin on two different slings when she noticed that there was blood on Nelsir’s bib. He was pronounced dead at the hospital. She also plans to sue Infantino for products liability.

A parent should never have to outlive their child. Negligent product manufacturers should be held liable for the death of your baby and the harm that you have suffered. Also, by making the public aware of the product defect, other lives can hopefully be saved.

Grieving mothers blame baby slings for infant deaths, CNN, March 25, 2010

Baby slings linked to three deaths are recalled, Los Angeles Times, March 25, 2010

Related Web Resources:
Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010

Infantino

Continue reading "Over 1 Million Infantino Baby Slings Recalled After Three Suffocation Deaths" »

In Cook County Circuit Court, Raymond Cirimele is suing Mincing Overseas Spice Company, Wholesome Spice, and meat company Daniele International Inc. for Chicago personal injury. The 55-year-old Chicago resident says he contracted salmonella after eating salami, which is his favorite snack.

Cirimele, who is out of work, says he lost six pounds, was sick for three weeks, and continues to experience joint pain. He tested positive for the bacteria connected to the nationwide salmonella outbreak and had to take antibiotics.

A couple of weeks ago Costco sent him a recall notice regarding the salami. The meat company recalled over 1 million pounds of salami in January, temporarily stopped making salami items, and replaced its spice suppliers.

So far, the Centers for Disease Control and Prevention is reporting that 225 people in the US have been affected by the salmonella outbreak. 15 of them live in Illinois. Wholesome Spice has been pointed to as the likely source.

Also this month, 61-year-old Harold Hanks sued Wholesome Spice and Daniele for his foodborne illness. Hanks bought the salami products at Wal-Mart and got sick within days of eating the food items. Nausea, diarrhea, severe dehydration, and a bacterial infection led to him making a trip to the hospital emergency room.

Three kinds of Salmonella:

• Gastroenteritis
• Bacteremia
• Typhoid fever

Possible salmonella infection complications include bacteremia, typhoid fever, and Reiter’s syndrome. Salmonellosis, an infection, can lead to death, especially if the patient is a baby, an elderly person, or another person with a weakened immune system.

You may have grounds for filing a Chicago, Illinois products liability lawsuit against a food manufacturer, retailer, or distributor responsible for the food item that made you ill.

Chicago man sues claiming salami made him sick, Associated Press, February 12, 2010

61-year-old man sues national company, News-Leader, February 13, 2010

Related Web Resources:
Salmonellosis, CDC

Daniele International Inc.

According to a senate report released today, pharmaceutical drug manufacturer GlaxoSmithKline knew that that Avandia was causing about 500 heart attacks a month yet failed to pull the drug off the market despite the US Food and Drug Administration’s recommendation that the company do so 2008. 304 fatalities were linked to this medication during 2009’s third quarter. The diabetes drug is still available for use to this day, and hundreds of thousands of people continue to take it.

The report claims that the drug manufacturer has known for years about the heart attack risk created by taking Avandia and asked doctors not to warn about this possible side effect. The diabetes drug, which has been available since 1999, made $3 billion in 2006. Sales went down to $1.2 billion last year after the New England Journal of Medicine published a study reporting that people who take Avandia may increase their heart attack risk by 43%.

In 2008, FDA officials found that not only did Avandia increase a user’s heart attack risk, but it wasn’t any more effective than rival drug Actos. In 2007, the Journal of the American Medical Association published a study that concluded that use of Avandia increased heart failure risk by 60%, heart attack risk by 40%, and one’s fatality risk by 29%.

Avandia is usually prescribed to people suffering from Type 2 diabetes. The New York Times says that if all Avandia users were given Actos instead, about 300 heart failure cases and 500 heart attacks would be avoided each month. Meantime, Glaxo denies that Avandia is a heart risk.

Dangerous Drugs
Our Chicago, Illinois products liability lawyers represent clients who were injured, became sick, or died from a dangerous pharmaceutical drug. Drug manufacturers are supposed to make products that are safe for people to take. You may have grounds for filing a dangerous drug lawsuit if a pharmaceutical company makes a dangerous drug, fails to warn of certain side effects, or tries to conceal the risks associated with the medication.

Glaxo Knew Avandia Caused Heart Risk, Report Says (Update1), BusinessWeek, February 20, 2010

Research Ties Diabetes Drug to Heart Woes, New York Times, February 19, 2010

Related Web Resources:
Avandia Press Kit, GSK

Type 2 Diabetes, American Diabetes Association

US Food and Drug Administration

An Illinois-based toymaker has consented to pay a civil penalty of $1.25 million for importing and selling toys containing excessive levels of lead. The Consumer Product Safety Commission had accused RC2 Corp. and its Learning Curve Brand Inc. unit of knowingly bringing into the country and selling a number of Thomas and Friends railway products that had too much lead in their paints or other surface coatings.

RC2 denies knowing it was violating the US’s lead paint ban and says all toys involved in the civil settlement were recalled in 2007. The toy manufacturer maintains that toy safety is its leading priority.

Since 1978, kids products were not allowed to contain over 600 parts per million of lead by weight in coatings or paints. However the Consumer Product Safety Improvement Act of 2008 reduced that limit even further to 90 parts per million in the wake of the millions of toys, many of them made in China, that have been recalled over the past few years due to too much lead.

Exposure to excessive levels of lead is dangerous for kids and can cause permanent personal injuries, including brain damage, organ damage, learning disabilities, decreased IQ, behavioral issues, and death. A toy manufacturer or distributor can be held liable for Illinois products liability if a child were to suffer from lead poisoning because a toy, a crib, a nursery product, or some other type of consumer good contained too much lead.

RC2 isn’t the only toy company that has had to pay fines for importing and distributing toys with excessive levels of led. Earlier this year, Mattel Inc. and Fisher-Price were fined $2.3 million for similar violations.

Oak Brook toymaker RC2 Corp. to pay $1.25 million fine over lead in paint, Chicago Tribune, December 29, 2009

RC2 Corp. to Pay $1.25 Million Civil Penalty, Wall Street Journal, December 29, 2009

Related Web Resources:
Consumer Product Safety Improvement Act of 2008

RC2 Corp.

Lead Poisoning, Mayo Clinic

Continue reading "Oak Brook Toymaker Agrees to Pay $1.25 Million Penalty for Lead Paint Toys " »

With the holiday season now underway, the media and consumer safety groups are cautioning consumers to watch out for toys and other products that can cause injuries to children. It is just as important, however, to remember, that there may be unforeseen dangers to infants and toddlers disguised as furniture in the home.

December has been a busy time for the Consumer Product Safety Commission, which has been announcing multiple recalls of products each week. Many of these products are being recalled because they pose some type of hazard to young children. In particular, the dangers and defects threaten the well-being of infants and young toddlers who are too young to be held accountable for their actions. Product manufacturers, however, can be held liable for designing a defective or dangerous product, which is an issue that our Chicago, Illinois products liability lawyers can discuss with you.

In the meantime, here is a list of some of the larger child product recalls that the CPSC has announced this month:

• Over 50 million shades and roll-up blinds are recalled because they are a possible strangulation hazard. At least 8 deaths and 16 near strangulations are linked to these window coverings. Adults are warned to keep window cords away from children’s reach and to ask for a repair kit. Replacing cordless shades or blinds with cordless window coverings is a safer alternative.

• Two infant suffocation fatalities have led to the recall of 24,000 Amby Baby Motion Beds/Hammocks.

• About 400 LaJobi “Betsy” and “Molly” wooden cribs are recalled because young children might get entrapped and die from strangulation if their heads get caught in the cut-outs in the cribs’ end panels.

Last week, the CPSC also announced that an 11th child fatality is linked to the Simplicity drop-side cribs. Over 2 million Simplicity drop-side cribs have been recalled in the last four years. Entrapment and suffocation were the primary causes of death.

Consumer Product Safety Commission

Related Web Resources:
Safe Kids Worldwide

Raising Children Network

Continue reading "Amby Motion Beds and Hammocks & Roman Shades and Roll-Up Blinds Recalls a Reminder that Dangerous Toys are Not the Only Defective Products Causing Injuries to Young Children" »

Two large recalls in the past month by the Consumer Product Safety Commission are serving as important reminders to product manufacturers of how necessary it is that they make defect-free products that do not cause injuries to minors. Earlier this week, the CPSC announced the voluntary recall of 2.1 million Stork Craft cribs in the United States and Canada following reports of 4 deaths, 15 entrapment accidents (4 of them resulting in suffocation), and 20 fall accidents. Consumers have filed at least 110 reports noting drop-side crib detachments.

Parents are urged to stop using the cribs right away and to wait for their free repair kit. The crib's drop side can deform, break, or parts may have gone missing. If the drop-side partially detaches, a space wide enough for a toddler or infant to become entrapped can be created. Assembly errors can also contribute to the set up of a crib that can cause injuries to children. Complete detachment of the drop-side can allow for fall accidents to happen.

147,000 of the recalled Stork Craft cribs come with a Fisher-Price logo.

This isn’t the first recall involving drop-side cribs. Over 5 million drop-side cribs have been recalled in the last two years following a number of injuries and deaths. Product manufacturers can be held liable for Illinois products liability if they have designed or manufactured a product that causes serious injury or death.

Stroller Recall Due to Fingertip Amputations
Earlier this month, parents received another scare when the CPSC announced the recall of some 1.1 million single and double Maclaren strollers. 12 kids’ fingertips have been amputated over the last decade after they stuck their fingers in the stroller hinges. The last two years has seen an increase in these injuries to minors.

Infant Entrapment and Suffocation Prompts Stork Craft to Recall More Than 2.1 Million Drop-Side Cribs, CPSC, November 23, 2009

Maclaren Recalls Strollers as Kids Get Fingertips Cut, Bloomberg, November 1, 2009

Related Web Resources:
Child Safety, Consumer Reports

Children's Product Safety Act, Illinois General Assembly

Continue reading "Preventing Illinois Products Liability: Massive Stroller and Crib Recalls a Reminder that Manufacturers Must Make Safer Products" »

According to the Illinois Public Interest Research Group, there are a number of kids products, including toys, available for sale in the Chicago area that either contain illegal chemicals or violate safety standards. Researchers from the group tested 87 kids’ products for toxic chemicals. They published their findings last week in a the report “Chemical Compliance: Testing for Toxics in Children’s Products.”

Examples of products containing Phthalates: Elmo’s Lunch Box and The Little Princess handbags. The federal government banned phthalates earlier this year. This chemical can cause premature births, decrease sperm count, trigger early puberty for females, and cause reproductive defects in adults.

Examples of products that contained levels of lead above the 300 parts per million that federal law legally allows: Marvel Hot Rodz, the LOVE Pink Block Cell Phone from Claire’s, Alligator Cell Phone Charm from Claire’s, and pink diamond clip on earrings from Claire’s. Excessive levels of lead can be highly dangerous. They can cause lead poisoning, permanent cognitive and behavioral disabilities, and developmental problems, seriously impairing a victim for life.

The Illinois Public Interest Research Group and HealthyStuff.org partnered together for these tests.

While both adults and kids are susceptible to injuries caused by lead poisoning, a child’s body can absorb up to 50% of lead ingested (compared to adult bodies that can absorb up to 15%). In an attempt to keep children safe, the Consumer Product Safety Commission has recalled millions of toys over the past few years because of concern that too many products contained excessive levels of lead. Some companies have been sued for products liability because someone got sick or died from exposure to toxic substances in consumer goods.

The researchers’ report also found Bisphenol-A, Cadmium, brominated flame retardants, and other harmful chemicals in other children’s products. PIRG officials want laws and chemical policies modified to insure tougher protection against these dangerous chemicals.

In the event of injury or death, companies that design, manufacturer, distribute, or sell dangerous, defective, or unsafe products can be held liable for Chicago, Illinois products liability. Manufacturers, distributors, and sellers have a responsibility to buyers to provide products that are hazard-free or, at the very least, provide warning of a potential hazard if a product is used in a certain manner.

Related Web Resources:
"Chemical Compliance: Testing for Toxics in Children's Products", Illinoispirg.org (PDF)

Related Web Resources:
HealthyStuff.org

linois Public Interest Research Group

Consumer Product Safety Commission

Continue reading "Chicago Products Liability?: Toys and Other Kids’ Products Sold in Area Stores Violate Chemical Standards, Say Consumer Advocates" »

Agnes Wise is suing Blair and Blair Corporation for Illinois products liability. Wise says she sustained serious burn injuries when the sleeve of the bathroom she was wearing caught on fire as she walked close to a burning candle.

Wise says that Blair designed a robe was not made with flame retardant material. She also contends that the bathrobe had an unreasonably high propensity to combust. Her products liability lawsuit says that as a result, Wise was severely burned on December 18, 2008.

Wise claims she experienced disability, disfigurement, physical and emotional pain and suffering, lost wages, and loss of a normal life. Her risk of future injuries increased and she now has medical bills for the treatments she had to undergo.

Wise is seeking over $200,000.

Flammable Clothes
Clothing manufacturers must make sure that the products they design do not have a high propensity to catch fire. Unfortunately, this isn’t always the case, and serious burn injuries can result. Granted, most clothing items will catch fire if you place them in flames. However, there are certain standards a piece of fabric must meet for fire retardant performance.

Burn injuries are no laughing matter. They are extremely painful and cause scarring, disfigurement, and medical complications, and they can take years to heal. Plastic surgeries and skin grafting may be required.

You may have grounds for filing a products liability lawsuit against a negligent clothing manufacturer.

Bathrobe manufacturer sued by woman who caught on fire, The Record, October 1, 2009

Related Web Resources:
The International Society for Burn Injuries

Products Liability, Justia

Continue reading "Woman Files Illinois Products Liability Complaint Over Bathrobe that Caught Fire" »

A possible tire failure may have caused the van rollover accident that injured all six members of the Scotland Yard Gospel Choir. Initial reports indicate that the 1999 Chevrolet van was driving in the left lane on I-65 in Indiana when tire failure caused the van to go off the road and roll over a number of times. The van was totaled.

All of the band members are from Chicago. Mark Yoshizumi sustained major head trauma, internal injuries, and leg injuries. He was riding in the front passenger seat. Eliezer Santana Junior, who was driving the van, sustained a concussion and experienced minor bleeding. Alison Hinderliter, Elias Einhorn, Ethan Adelsman, and Mary Ralph also sustained head trauma. Ralph was not using a seat belt when the rollover accident happened and was ejected from the vehicle. She also has a shoulder injury and broke her collarbone and pelvis.

Examples of Tire Defects:
Tread separation: The treads on a tire gets separated from the rim. This can lead to loss of vehicle control and/or rollover accidents.
Tire failure: Overloaded tires and underinflated tires can lead to tire failure.
Tire blowout: A tire that blows out can cause the driver to lose control of the vehicle.
Tire or rim explosions: An exploding tire can blind, maim, or kill a bystander.

A person who is seriously injured in a Chicago rollover accident that occurred because of a tire defect or failure is likely entitled to sue the tire manufacture and/or the automaker for auto products liability.

A tire defect can cause the driver to lose control of the vehicle. It is at this point that the frightened motorist may fight to regain control of the auto by braking suddenly and/or turning while trying to get off the road. This is how many rollover accidents happen. Rollover crashes can result in serious injuries for the passengers who are tossed around inside the vehicle.

If you were injured in an Illinois auto accident involving a defective auto or a faulty auto part, is important that you retain the services of a Chicago injury lawyer that is experienced in successfully representing clients who were injured in auto accidents where products liability was a factor.

Band members injured in I-65 crash, Chesterton Tribune, September 25, 2009

Chicago's Scotland Yard Gospel Choir injured in van accident, Sun-Times, September 25, 2009

Related Web Resources:
Tire Blowouts on the Highway, Safety.com

Rollover Accidents Explained

Scotland Yard Gospel Choir

The Chicago Tribune recently published an article about a toddler who, after undergoing a double-lung transplant, died in 2008 from complications. There is evidence, however, to indicate that young Natalie Fullerton didn’t have to die.

It turns out that after the surgery her father had used fluid-filled syringes to clean a tube that had been implanted in her chest so that her medication could be administered intravenously. What Natalie’s father Leslie didn’t know at the time was that the syringes came from a contaminated batch that were made in a factory belonging to a Lake Zurich businessman. This same batch has been linked to 162 illnesses and 4 fatalities in the US. 22 cases occurred in Illinois.

The Chicago Tribune reports that a look at a number of documents, including inspection reports, indicate that the US Food and Drug Administration missed several opportunities to stop patients from using the contaminated syringes.

Three months before the syringes were shipped out, an FDA inspector visited the North Carolina plant where the syringes were manufactured. There had been reports of brown, red, and black particles in the syringes and the inspector said that managers had come up with a way to deal with the rest. She failed, however, to note that the plant’s sterilization method was unreliable.

The following week, a distributor recalled 1.3 million of the syringes. Yet the FDA failed to conduct a more in-depth probe because it was understaffed and did not consider the syringes to pose a reasonable threat of serious injury or death. The FDA finally conducted a more thorough investigation later in the year after receive reports of injuries.

The Fullertons and a number of other Illinois families have filed their Illinois wrongful death and products liability lawsuits against the AM2PAT plant in Cook County Circuit Court. One of the other plaintiffs is Jim Tallian from Palatine. He says that contaminated syringes caused him to become seriously ill twice while he was recovering from a serious illness. He had used the AM2PAT syringes to flush a catheter that had been placed in his chest.

Dirty syringes: FDA failed to shut down troubled plant, and family paid price, Chicago Tribune, June 7, 2009

Timeline: How Contaminated Syringes Got From Factory to Patients, Propublica.org

Related Web Resources:
Food and Drug Administration

Obama Memo on Products Liability Preemption, May 20, 2009

Continue reading "Cook County Products Liability: Family Blames Tainted Syringes for Daughter’s Death" »

Good news for products liability plaintiffs. In a memo issued on May 20, President Barack Obama told federal agencies to stop issuing rules that protect companies from products liability lawsuits in state courts. While he did not point to specific industries, this mandate could impact the outcome of many products liability lawsuits involving numerous consumer goods, including pharmaceuticals, car safety equipment, and food sweeteners.

Obama’s memo reverses the Bush Administration’s approach of guiding federal agencies toward putting forth rules that establish a federal standard that pre-empts state laws. Obama says federal law should only pre-empt state law if a well-defined legal basis exists.

Bush administration officials at a number of agencies, including the Department of Transportation and the Food and Drug Administration had added language to over 50 regulations that barred states from filing products liability lawsuits against certain product manufacturers. One example was the FDA’s revised drug-label ruling in 2006 that tried to bar the majority of state complaints pursuing damages for dangerous or defective drugs. This year, however, the Supreme Court found that federal exemption cannot protect drug makers from products liability lawsuits. In Wyeth v. Levine, the Court ruled in favor of the plaintiff and her right to receive compensation for her catastrophic injuries.

Obama wants agencies to go back over the last 10 years to find any instances when the government enacted federal pre-emption in an improper manner. Government officials say revising regulations with improper preemption clauses could take months.

While many plaintiffs’ lawyers are applauding Obama’s memo—the American Association for Justice says the order will let injured consumers hold negligent parties accountable—business groups have not been as enthusiastic.

Illinois Products Liability Lawsuits
Our Chicago, Illinois products liability lawyers are committed to protecting consumers from dangerous or defective products. We know how devastating it can be for you or a loved one to get hurt because a manufacturer, wholesaler, or retailer was negligent.

Obama Limits Preemption, C & EN, June 1, 2009

Shift Toward State Rules on Product Liability, The Wall Street Journal, May 21, 2009

Related Web Resources:
President Obama's Memo (PDF)

Wyeth V. Levine, Supreme Court (PDF)

Continue reading "Chicago Products Liability: President Obama Says Federal Laws Shouldn’t Preempt State Laws When Determining Civil Cases" »

In Illinois, the family of 6-year-old Dijion Sanders is filing a Chicago wrongful death lawsuit. The garage door crushed the boy in his Calumet Heights home on Saturday night.

Sanders was transported to the University of Chicago’s Corner Children’s Hospital where he was soon pronounced dead. His family plans to sue the owner of the home, the garage door manufacturer, and the installer of the door for his wrongful death. They contend that the door should have had electronic sensors.

Products Liability Lawsuits
The manufacturers and sellers of consumer products are legally obligated to make sure that their products are safe for use. This means that they must design, make, and/or sell products that are free from dangerous defects, come with the proper safety warnings and precautions, and include correct and complete operating instructions. If someone gets hurt or dies because the manufacturer or another liable party failed to fulfill its duties of care to the product's consumer or user, the responsible party can be sued for Illinois products liability or wrongful death.

Examples of product defects include:
Design defects: The product has a defect in its design and this defect led to an injury or death.

Marketing defects: Insufficient instructions or inadequate warnings or marketing that didn’t provide enough/the right information.

Manufacturing defects: Defects that occur during the manufacturing process.

A product liability claim can be filed on the grounds of negligence or breach of warranty. A products liability lawsuit can also be brought on the grounds of strict liability. In these cases, the liable parties may not have necessarily done anything careless or negligent, but the product that caused the injury or death proved to be dangerous or defective despite the liable parties best efforts.

Family Sues After Garage Door Crushes Boy, CBS2Chicago.com, May 13, 2009

Boy killed by garage door, Chicago Breaking News, May 10, 2009

Related Web Resources:
Products Liability Overview, Justia

Premises Liability Overview, Justia

In Illinois, Del Rey Tortilleria, Inc. has stopped making tortillas until it passes sanitary inspections by federal regulators. The Chicago food maker, which also makes corn flour and tostadas, is being sued by the federal government for allegedly maintaining unsanitary conditions while making the floor tortillas. The tortillas have been linked to schoolchildren in Wisconsin and Massachusetts who experienced flu-like symptoms after eating the tortillas. Incidents stem as far back as 2003 in Massachusetts and as late as 2007 in Wisconsin.

The Chicago food manufacturer has failed six federal sanitary inspections since 2003. Violations have included unhygienic practices, neglecting to take adequate steps to keep out pests, using paint buckets to store raw ingredients, using inadequately installed fixtures and plumbing, and placing chemicals near raw ingredients.

The Food and Drug Administration must approve the food maker’s safety program before it can start producing tortillas again. One of the requirements is that the food maker must hire two FDA-approved safety experts.

Gastrointestinal Illnesses
Gastrointestinal illnesses can occur when a person has been exposed to different germs and microbes. Symptoms of gastrointestinal illnesses can include vomiting, diarrhea, abdominal pain, nausea, cramps, rashes, headaches, fever, and paralysis.

Products Liability
Food manufacturers, distributors, and restaurants are required by law to make sure that any food that is made, prepared, or served is free from harmful bacteria or other contaminants. Bacteria in food can lead to salmonella, food poisoning, viruses, and sometimes even death.

If you believe that you or someone you love became seriously sick because you ate a spoiled or contaminated food product, you may have grounds for filing an Illinois products liability lawsuit against all negligent parties. Your illness may have caused serious pain and suffering, as well as required expensive medical care. If you had to take time off work to recover, you may have lost wages.

Chicago tortilla plant linked to illnesses at schools stops production, Chicago Tribune, March 7, 2009

Chicago tortilla maker sued by federal government agrees to stop making some products, Star Tribune, March 6, 2009

Related Web Resources:
Del Rey Tortilla Recall, Chicagoist.com

Multiple Outbreaks of Gastrointestinal Illness Among School Children Associated with Consumption of Flour Tortillas --- Massachusetts, 2003--2004, CDC

Continue reading "Chicago Food Manufacturer Stops Making Tortillas Linked to School Kids’ Gastrointestinal Illnesses" »

In Cook County, Illinois, the estate of Franke Leon Isom is suing Scientific Protein Laboratories and distributor Baxter International Inc. for wrongful death. Leon, 59, died on December 14, 2007 one day after he was administered Heparin at the Woodland Dialysis Clinic in Elizabethtown where he was undergoing kidney dialysis.

Isom was transported to Breckinridge Memorial Hospital after he began experiencing adverse symptoms. He was later pronounced dead. One month later, Baxter International issued a warning regarding potential adverse side effects.

The Illinois wrongful death lawsuit is one of over 50 similar lawsuits filed against Scientific Protein Laboratories, which manufacturers the anticoagulant. The complaint claims Isom was given Heparin that had been contaminated with over-sulfated chondroitin sulfate (OSCS). The contamination occurred in China, where the drug was manufactured. The lawsuit contends that both Scientific Protein Laboratories and Baxter are liable for allowing the contaminated Heparin to arrive at the dialysis center and other medical facilities, where patients could be treated with the drug.

Heparin with OSCS
Heparin is used as a blood-thinner during both medical and minor procedures. The US Food And Drug Administration says that of the 246 reported deaths between January 2007 and May 31, 2008 that can be attributed to contaminated Heparin, 149 deaths were patients who exhibited adverse symptoms associated with OSCS. There have also been hundreds of patients who did not die from exposure to OSCS but say they experienced allergic reactions to it. Earlier this year, Baxter issued a recall for the contaminated Heparin ordering the drug to be removed from medical facilities.

Drug manufacturers can be held liable for products liability or wrongful death in Illinois if a drug is dangerous, defective, fails to warn of adverse reactions, or is packaged incorrectly. A dangerous drug can be fatal for a patient, who is taking the medication to get better.

While Baxter acknowledges responsibility for allowing the contaminated batches of Heparin to be distributed, a company spokesperson says it is not responsible for the contaminations that caused the deaths and allergic reactions.

Lawsuit: Heparin caused dialysis patient’s death, News-Enterprise

Drug company confirms Heparin was contaminated, News-Enterprise

Related Web Resources:

Scientific Protein Laboratories

Baxter Healthcare

Heparin, FDA

In Illinois, a Chicago jury is ordering two Johnson and Johnson units to pay $16.6 million to the family of a woman who died after using a defective Duragesic pain-killing patch. A doctor had prescribed the patch to her to combat the pain she was experiencing from reflex sympathetic dystrophy, which is a neurological disorder. Janice DiCosolo, a 38-year-old mother of three, died in February 2004.

It took the 12-member jury two days of deliberation to determine that the cause of DiCosolo’s wrongful death was the fentanyl overdose she received from the Duragesic patch. The patch, intended to counter chronic pain, is made by defendant Alza Corp, which is owned by Johnson & Johnson, and is distributed by co-defendant Janssen Pharmaceutica, also another J & J unit.

During the Chicago wrongful death trial, the family’s Illinois products liability lawyer accused the defendants of continuing to sell the patch for profit even though they knew it was dangerous and defective. A spokesperson for the defendants says they disagree with the verdict and are considering an appeal.

J & J is the world’s largest manufacturer of medical devices. Last year, J & J made $1.16 billion in Duragesic patch sales. The patch is J & J’s seventh largest selling product.

This Chicago wrongful death verdict is the fourth one against the J & J units over the painkilling patches. Just last month, a Florida panel awarded the family of a 34-year-old mother of five over $13 million because she died in 2002 after using the Duragesic patch. The J & J units are facing another Chicago personal injury trial involving the defective medical device early next year.

Defective Medical Device Lawsuits
Medical device manufacturers and distributors are obligated to make sure that all their products are safe for use and free from defects. If you or someone you love suffered serious injuries because of a defective medical device, you may have grounds to file an Illinois products liability lawsuit.

J&J must pay $16.6 mil to Glenview family for pain-patch death, The Daily Herald, November 17, 2008

Jury awards nearly $16.6M in Ill. skin patch case, CNN, November 18, 2008

Related Web Resources:

Johnson & Johnson

Duragesic

We recently represented a woman in Chicago, Illinois, for a severe burn and injuries she sustained after her oven mitt burst into flames. This case highlights the disregard for safety that some manufacturers have for consumers.

My client was removing a pan from an electric oven when the oven mitt came into contact with the heating element causing the oven mitt to explode into flames. Her night shirt caught on fire and she severely burned her chest and arms resulting in the need for surgical skin grafts.

Malman Law felt obligated to protect this woman's rights. She had the right to compensation for: medical bills, future medical bills, pain and suffering, lost wages and disfigurement.

We obtained a substantial settlement after the oven mitt was tested at a laboratory for flammability. Our expert determined that the oven mitt violated accepted safety standards for oven mitts. In fact, during our testing the oven mitt exploded and almost burned the expert.

At Malman Law we believe that protecting the consumer from dangerous products is our obligation. It is our goal to force manufacturers to place people over profits.