Cancer is one of the worst medical conditions that a person can suffer. No matter what kind of cancer you have or the stage at which you are diagnosed, the treatment can be painful, lengthy, and difficult for the patient and his or her family. Modern medicine has developed a considerable…
There are a number of theories of recovery for individuals injured by defective products, and many lawsuits reference more than just one theory of recovery. In Illinois, claims arising from defective products often allege, among other potential avenues, a violation of an express warranty, a violation of an implied warranty,…
Johnson & Johnson, a global manufacturer of household products, was recently ordered to pay a $72 million judgment to the family of a woman who died from ovarian cancer. The decedent’s illness was linked to her use of Johnson & Johnson’s Shower to Shower and Baby Powder products over a…
A class action is a type of lawsuit in which an individual or individuals sue on behalf of a larger group of persons. This larger group is referred to as “the class.” In order to bring a class action lawsuit, the issues in dispute must be shared by all of…
The U.S. Food and Drug Administration (FDA) has launched an investigation into whether the agency was correct in approving the prescription blood thinner Xarelto. Since hitting the market in 2011, Xarelto has been prescribed to millions of patients. Major household product and drug manufacturer Johnson & Johnson created Xarelto and…
The U.S. Food and Drug Administration (FDA) recently announced that it would take actions to provide women with information about the risks of using Essure, a form of permanent birth control. This form of birth control involves inserting flexible coils through the cervix and vagina into the fallopian tubes. After…
Listeria is one of the most common pathogens that pose a threat to consumers in our food production system. Recently, two major food retailers have made headlines after listeria and other potential issues were identified in their food products. Dole Fresh Vegetables has been named in a lawsuit claiming that a…
In a recent case, a child plaintiff sued BMW, claiming that his disabilities were caused by exposure to unleaded gasoline vapor from a defective fuel hose in his mother’s BMW when his mother was pregnant with him. The Facts of the Case In 1989, the plaintiff’s father bought his mother a…
The West Virginia legislature has passed a bill that adopts the learned intermediary rule for the state. This doctrine has major implications for liability in cases involving dangerous prescription drugs and defective medical devices. According to the learned intermediary doctrine, when a drug or device manufacturer provides a warning to the…
If someone is killed by a gunshot when no one else was around, a lot of questions are left unanswered. It can be unclear whether it was an accident or whether the victim intended to take his own life. Even if it was an accident, it may be unclear what…