Illinois Injury and Mass Tort Lawyer Blog

Published on: August 13, 2024

Joint Commission Data Indicates that 2023 Sentinel Events Approached 2022’s Record High

treatment-4099432_640-e1721672084835 Sentinel events are significant medical mistakes that affect patient safety and result in severe temporary harm, permanent harm, or death. The data compiled by the Joint Commission for 2023 found that sentinel events were close to 2022’s record high. In 2023, there were 1411 reported and reviewed events. Of these, eighteen percent led to patient death. Fifty-seven percent led to severe temporary harm. Eight percent resulted in permanent harm. Twelve percent of these patients had to stay for an extended period in the hospital and go through more treatment. If you or a loved one experienced a sentinel event, you may be entitled to compensation. The experienced Chicago-based medical malpractice lawyers of Moll Law Group may be able to represent you.

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Most sentinel events are preventable. They can be the result of miscommunications, teamwork failures, and failure to adhere to standard policies and procedures. As in the previous 5 years, the 2023 data revealed that the most frequent sentinel events during 2023 were falls. They comprised 48% of all the sentinel events the Joint Commission reviewed. They were up 6 percentage points from falls in 2022. And in 2019, by contrast, patient falls only made up 18% of the sentinel events.

Other sentinel events included wrong-site surgery, wrong procedures, wrong patients operated upon, foreign objects left behind during procedures, sexual assaults, rapes, assaults, homicides, treatment delays, suicide, fire, burns, mismanagement of medications, self-harm, and perinatal events. Wrong surgeries (all three types of wrong surgeries) constituted 8% of sentinel events for 2023, as did two other categories, foreign objects left behind in the patient and crimes like rape, sexual assault, assault and homicide. Most of these 1358 events were voluntarily self-reported to the Joint Commission, either by a certified or accredited entity. The rest of the 53 sentinel events were reported by patients, anonymous sources or employees of the providers.

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Published on: August 8, 2024

More Clergy Abuse Victims Than Previously Known

By Moll Law Group

church-750251_640 The Illinois Attorney General’s Office has released a 2023 report on clergy abuse. In his introduction to the report, AG Kwame Raoul laid out the numbers. The Catholic diocese in the state had publicly listed only 103 substantiated child sex abusers prior to the initiation of the Office’s investigation in 2019. The new report specifies that 451 Catholic clerics and religious brothers were found to be perpetrators. Their victims amounted to a minimum of 1997 children in diocese across the state. If you were the victim of clergy abuse, you may be entitled to compensation. Call the seasoned Chicago clergy abuse lawyers of Moll Law Group to determine your legal options.

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The AG Office’s investigation has led to significantly greater transparency around the scope of clergy abuse. In the last two decades, it’s become increasingly clear that dioceses across the country and around the world purposefully shuffled priests reported to be sexual abusers of children to different parishes once there was a complaint. This resulted in many more children being abused. Knowing this information has allowed survivors not only to come forward and receive care but has also allowed justice to be sought against individual perpetrators and the authorities and system that shielded their grotesque behavior. Often child sex abusers were hiding in plain sight, as Raoul notes. Prior to progressive laws removing the statute of limitation many were left unable to hold their abusers accountable in civil court. This report allows for public accountability and may lead to healing for survivors.

The AG’s Office investigated all six of the Catholic diocese in Illinois, including in Chicago, Belleville, Joliet, Peoria, Rockford, and Springfield. When the investigation started, only two dioceses had posted a list of substantiated abusers on their website, with the Archdiocese of Chicago listing 68 abusers and the Diocese of Joliet listing 35 abusers, but a few months in, the other four dioceses also posted lists of substantiated abusers. Additionally, a clergy abuse hotline was set up. The investigators engaged in over 600 confidential contacts with survivors of child sex abuse by Illinois Catholic clerics.

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Published on: July 30, 2024

Traces of Lead and Arsenic Have Been Found in Tampons

By Moll Law Group

critical-days-4924460_640-e1721669984617 The average person who menstruates spends around five years of their lifespan using around 11,000 menstrual products, including tampons. A new study led by Jenni A. Shearston a postdoctoral scholar from UC Berkeley found that tampons from several brands that millions use can be contaminated with the toxic metals lead, cadmium and arsenic. This finding is alarming because the skin of the vagina has the ability to absorb chemicals better than skin in other locations on the body. Up to 80% of people who menstruate use tampons for hours on end. If you believe you were harmed by contaminated tampons, you should call the seasoned Chicago-based product liability lawyers of Moll Law Group.

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Shearston believes that theirs is the first paper to look at how much metal is in tampons. Metal can increase risks of cancer, diabetes, infertility, and dementia. The brain, kidneys, liver, and related systems can be severely damaged. Plus, fetal development can be harmed. What is disturbing in this case is that there were concentrations of lead, arsenic, and all other metals tested for in the tampons.

Thirty tampons from 14 brands were tested for the presence and level of 16 metals. These metals were zinc, vanadium, strontium, selenium, lead, nickel, mercury, manganese, iron, copper, chromium, cobalt, cadmium, calcium, barium, and arsenic. The amounts of metals found were different based on whether products were purchased in the United States or Europe and the U.K, and based on whether the tampon was organic or nonorganic. There was no category of tampon—including organic tampons—that consistently showed lower concentrations of most metals. The presence of these metals can place women at higher risk for exposure because they use menstrual products.

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Published on: July 23, 2024

CPSC Issues Airborne Beach Umbrella Warning

By Moll Law Group

beach-umbrella-1984703_640-e1721669611892 The Consumer Product Safety Commission has issued a warning that airborne beach umbrellas can kill explaining that incidents with these umbrellas have become “all too common.” Wind gusts have pulled up beach umbrellas on crowded beaches and sent them hurtling towards people. The results have been deaths and serious injuries like lacerations and impalements. There is now a voluntary safety standard to assist manufacturers in making sure that the danger is minimized. If your loved one was killed or you were injured by a beach umbrella that went flying, you may be able to recover compensation. The seasoned Chicago-based product liability lawyers of Moll Law Group can go over your legal options.

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The new voluntary safety standard ASTM F3681-24 requires that beach umbrellas and their anchor systems, along with beach umbrellas that are used with complaint anchors need to offer a resisting force of at least 75 pounds. Alternatively, they need to stay secure in wind speeds of up to 30 miles per hour, when the compliant anchor is secured in the sand.

Its expected that products compliant with this safety standard will be available soon. Consumers should look at the labels of anchors, which will state whether it meets the new safety standard by indicating that it “MEETS ASTM F3681 FOR WIND SPEEDS UP TO 30 MPH.” This will also set forth the maximum canopy size for an umbrella used with the anchor.

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Published on: July 16, 2024

Manufacturer Recall of Potassium Chloride Extended-Release Capsules

By Moll Law Group

man-1846050_640-e1721085626928 Recently, Glenmark Pharmaceuticals recalled 114 batches of 750 mg. potassium chloride extended-release capsules USP 10 mEq because of dissolution failure. The failed dissolution of these capsules can result in high potassium levels, a condition called hyperkalemia. This can lead to a patient’s cardiac arrest. Normal potassium levels are essential to your body; potassium assists with the functioning of kidneys, heart, muscles, nerves, and cells. If you were harmed by any of the recalled potassium chloride extended release capsules, consult the seasoned Chicago-based dangerous drug attorneys of Moll Law Group about your legal options.

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As a patient, you may need to take potassium chloride extended release capsules orally, especially if you have an underlying medical condition that changes how potassium is excreted. Such underlying conditions include heart failure, renal dysfunction or hypertension. Each of these make it reasonably probable that you would develop hyperkalemia and cause severe adverse events. While it’s possible you might be asymptomatic, there is a chance you would suffer serious muscle weakness, cardiac arrhythmia, or even death.

The recalled capsules had been distributed around the country to wholesalers, distributors, and retail stores in 100-count and 500-count bottles. The manufacturer hasn’t yet gotten reports of hyperkalemia, or a serious adverse event related to the capsules. are packaged in 100-count (NDC 68462-357-01) and 500-count (NDC 68462-357-05) bottles.

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Published on: July 9, 2024

Settlement of Valsartan Lawsuit Nears for Some

By Moll Law Group

blood-pressure-monitor-1749577_640-e1720474938721 Plaintiffs sued Hetero, the manufacturer of valsartan, a generic blood pressure medication, because it was contaminated with carcinogens, and they alleged it caused cancer. The lawsuits were consolidated in 2019. These cases are coming closer to settlement. Recently, the United States District Judge Renée M. Bumb who is presiding over the multidistrict litigation ordered both sides to finalize a settlement agreement in all of the plaintiff groups; there are three groups, one for personal injury, another for economic loss, and still another for medical monitoring. The deadline was June 30. If you were harmed by Valsartan, you should call the seasoned Chicago-based lawyers of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

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Valsartan, manufactured safely by Novartis Pharmaceuticals Corp. under the brand name Diovan, functions by relaxing a patient’s blood vessels. This improves flow and reduces pressure. When the patent expired, various generic manufacturers in China and India began selling the drug, which they made with a different manufacturing process. The U.S. Food and Drug Administration investigated claims that drugs manufactured overseas contained NDMA or N-nitrosodimethylamine or NDEA (N-nitrosodimethylamine).

In 2018, the generic Valsartan was recalled around the world because of its unacceptable levels of carcinogenic toxins. Many patients, including around 3 million Americans, had not known they were taking contaminated drugs that could seriously harm them.

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Published on: July 2, 2024

Black & Decker Recalls CRAFTSMAN V20 Cordless Tillers/Cultivators

By Moll Law Group

gardener-5384191_1280-e1718067539251 On May 30, 2024, the manufacturer Black & Decker recalled its CRAFTSMAN® V20 Cordless Tillers/Cultivators because the instructions for its assembly could result in consumers incorrectly putting in the bottom part of the tiller upside-down. This can cause tines to rotate towards the person operating the tiller and present the risk of cuts. Around 44,400 units were recalled. If you were cut or dealt with lacerations from a tiller/cultivator, you should call the Chicago-based product liability lawyers of Moll Law Group.

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The tillers/cultivators in question were made in China and sold at Ace Hardware, Lowe’s, Amazon.com, Blain’s Farm and Fleet, and some Army & Air Force Exchanges between October ’22 – April 2024. The purchase price was $129-179. No injuries have been reported in connection with the recalled product thus far. The company has received a single report of incorrect attachment of the lower part of a cordless tiller/cultivator. Consumers have been asked to stop using these products and call Craftsman at (855) 237-6848 between 8 a.m. and 6.pm on weekdays or visit the Craftsman recall page. The company will provide new assembly instructions. The company is also contacting those it knows bought the product to give them instructions. This recall is similar to an earlier recall in May of Walk-Behind Leaf Blowers and Vacuums and Tow-Behind Leaf Vacuums, which also posed laceration risks.

If you’ve already been injured, you may want recourse, not simply new assembly instructions. It’s important to talk to our experienced product liability lawyers about your legal options. When you’ve been injured by a defective product, it may be appropriate to pursue damages against the manufacturer by filing a product liability lawsuit. These lawsuits are pursued when a product is defective in terms of its manufacturing, marketing, or design. In this case, since the assembly instructions were flawed, it’s possible that the court could find a marketing defect. Often defects must be proven with the assistance of expert witnesses.

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Published on: June 25, 2024

More Cases Join the Bard PowerPort MDL

By Moll Law Group

catheter-e1718067147367 Bard PowerPort devices have been linked to serious injuries and deaths. As of May 2024, the Bard PowerPort Multidistrict Litigation (MDL) has increased by 189 cases. These lawsuits are consolidated in MDL 3081, or In re: Bard Implanted Port Catheter Products Liability Litigation before Judge G. Campbell. These lawsuits request financial compensation on the grounds that the catheters are defective and have injured them. The court rejected efforts to delay bellwether trials, which are expected to proceed according to schedule. Bellwether trials are a small group of lawsuits selected to be determined early, in order to predict the outcome in similar lawsuits in the MDL. If you were injured by an implanted Bard PowerPort, please call the Chicago-based product liability lawyers of Moll Law Group to learn your options. Billions have been recovered in lawsuits with which we’ve been involved and we represent clients around the country.

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The Bard PowerPort is a catheter device, implanted under a patient’s skin, used to put fluids or medicine directly into his or her veins. They are usually used in the course of medical IV therapy, including chemotherapy, and to give fluid to a patient. Bard PowerPorts are housed in titanium and plastic. They’re made with a polyurethane that combines barium sulfate and polyurethane. Bard Access Systems Inc., which Becton, Dickinson and Company’s subsidiary, makes this device.

The consolidated lawsuits against the manufacturer allege the catheter device is linked to defects and complications and can result in harm as severe as death due to its fractures and migrations, as well as infections, embolisms, blood clots, and thrombosis.

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Published on: June 18, 2024

CPSC Reports that Off-Highway Vehicle Deaths Have Increased by 33%

By Moll Law Group

atv-e1718066265390 Off-highway vehicle use typically increases during the summer months. Recently, the Consumer Product Safety Commission issued its annual report about rising off-highway deaths and injuries. Among other things, the report revealed that minors under age 16, as well as adults between the ages of 45 and 54 have higher death rates in off-highway vehicles. Overall, there was a 33% increase in off-highway vehicle deaths in 2020 compared to 2019—these were the two most recent years for which there was data. Males were disproportionately affected. The CPSC chair Alex Hoehn-Saric has asked that safe riding be put first and that riders should wear a helmet with proper gear.

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The CPSC report asks rider to take appropriate steps to avoid collisions. Leading causes of death in off-highway vehicles were crashes with other vehicles and stationary objects like trees. Often the occupants of vehicles would be thrown out of the vehicle during these collisions.

The report also informs us that children under age 12 constituted 44% of fatalities of children under 16. Additionally, adults older than 55 were affected; they made up 30% of related deaths.

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Published on: June 11, 2024

3M Knew Its Fluorochemicals Were Contaminating Human Blood But Failed to Do Anything

By Moll Law Group

science-5314419_1280-e1718065686874-300x200 Recently, the New Yorker ran a very important piece, reported by investigative journalist Sharon Lerner, in collaboration with ProPublica, with the headline “How 3M Discovered, Then Concealed the Dangers of Forever Chemicals.” 3M Corporation makes products like building materials and adhesives. The article tells the story of Kris Hansen, a chemist at 3M, who was asked by her boss, Jim Johnson, to test human blood to see if it had been contaminated with fluorochemicals, manmade compounds that are found in a number of 3M products including Scotchgard and firefighting foam. Unbeknownst to Hansen, Johnson had made several discoveries about the contaminants years before in some cases, he’d been directed to do the work by 3M’s lawyers.

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At that time, Johnson told Hansen that PFOS, one of these fluorochemicals, often entered the bloodstream of workers in the 3M factory but didn’t harm them. However, Johnson had also been told that an outside lab kept finding contaminants in blood samples from the American Red Cross, taken from the general population who shouldn’t have had those contaminants present.

Hansen’s job then was to figure out whether the lab had erred in its findings. In testing, she, too, found that PFOS was in the sample, which was from someone who hadn’t worked for the company; the other samples she and her team tested were also contaminated. She told her boss, but subsequently found that her warnings about the contamination were left out of official meeting notes.

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