As Chipotle locations are reopening after multiple, multi-state foodborne illness outbreaks, consumers are becoming more concerned about whether their food is safe. According to the law, a business can be held liable for failing to use reasonable care when preparing, storing, or selling food. Under a negligence approach, the plaintiff…
The Illinois Supreme Court’s recent decision in Coleman v. East Joliet Fire Protection District brings a significant change to Illinois law. Its decision greatly increases the exposure of local public entities to lawsuits. In the decision, the court repealed the public-duty doctrine, which held that local government entities owed a…
This month, a panel of federal appellate judges upheld the dismissal of a plaintiff’s action against the manufacturer of the generic drug allopurinol, based on preemption. In Houston v. United States, the plaintiff alleged that in 2011 he was diagnosed with gout, which is a type of arthritis, and prescribed allopurinol. This drug is…
The birth of a new baby is an exciting time. However, most often mothers and babies are at the mercy of the hospital or medical provider where they are receiving care during the birth. They rely on the medical staff to care for them and to make sure that everything…
The U.S. Food and Drug Administration (“FDA”) has issued tighter regulations for surgical transvaginal mesh products that are designed to address pelvic organ prolapse, which is a condition that occurs when the pelvic floor is no longer able to support a woman’s pelvic organs. The surgical mesh is intended to…
Malpractice claims are quite prevalent these days, and there have been concerns for a long time about which physicians are most prone to malpractice claims. This has raised the important question of whether certain physicians are sued more than others and whether those physicians share certain characteristics. A recent study…
Wright Medical, the developer and manufacturer of the Conserve metal-on-metal hip implant, has asked the federal judge overseeing the multi-district litigation in Georgia to vacate the $11 million verdict that the jury returned during the first bellwether trial. A multi-district litigation (“MDL”) is a special proceeding used to consolidate numerous…
Earlier this month, a Nebraska court heard a case brought by a woman who was injured when she stepped back to avoid an approaching dog that she thought was going to attack her. The court ultimately determined that the plaintiff’s case should be able to proceed towards trial, despite the…
Johnson & Johnson, fabricante de la marca Ethicon de productos de malla transvaginal, ha acordado pagar $120 millones para resolver las primeras 2,000 a 3,000 demandas presentadas en corte alegando que los productos hizo que los demandantes sufrieran lesiones y daños graves. Esta es la primera vez que Johnson &…
Johnson & Johnson, a manufacturer of Ethicon brand transvaginal mesh products, has agreed to pay $120 million to settle the first 2,000 to 3,000 lawsuits filed against it alleging that the products caused the plaintiffs severe injuries and damages. This is the first time that Johnson & Johnson has entered…