Since the Essure sterilization device was approved in 2002 by the U.S. Food and Drug Administration (FDA), over 5,000 reports have been made about injuries stemming from the use of the device. In a recent NPR report, a representative from the National Center for Health Research indicated that Bayer, the manufacturer…
Illinois Injury and Mass Tort Lawyer Blog
Fatal O’Fallon Truck Accident May Have Been Caused by Medical Emergency
Earlier this month in O’Fallon, a truck driver was killed when the truck he was operating crashed on Interstate 64 near mile marker 19. According to one local news source, the accident occurred on a Thursday evening, and no other vehicles were involved. Evidently, the tanker truck was traveling westbound…
California Court Dismisses Plaintiff’s Claims Alleging Food Company Products’ Labels were Misleading
In Guttmann v. Nissin Foods (USA) Co., Inc., a California federal court dismissed a proposed class action lawsuit alleging that the defendant had engaged in false advertising regarding the safety of its noodle products, based on the presence of trans fat in the product. More specifically, the plaintiff indicated that he had…
“Dram Shop” Case Filed Against Local Illinois Bar
Earlier this month, a trial began on the issue of whether an Illinois bar served a patron to the point of intoxication before he went on to cause serious injuries to one of the bar’s other patrons. According to one local news source that reported on the case, the incident occurred back in…
California Court of Appeal Upholds Summary Judgment in Favor of Defendant Pipe Manufacturer in Fatal Product Liability Action
In a recent case, the California Court of Appeal for the Second District upheld a lower court’s grant of summary judgment in favor of a defendant pipe manufacturer on the basis that the plaintiff’s exclusive remedy was through the workers’ compensation system. In Melendrez et al. v. Ameron International Corp., one of…
Police Officer Killed in Oak Brook Car Accident by Drunk Driver
According to police, a 27-year-old off-duty police officer was recently killed in an auto accident by a drunk driver. The officer was in the passenger seat of a vehicle driving north on I-294 near Oak Brook when a 22-year-old woman traveling south in the northbound lanes struck an oncoming car…
Seventh Circuit Court of Appeal Revisits Rules on Scientific Evidence
In mass tort cases, one of the toughest elements for plaintiffs to prove is that the product’s harmful nature caused the plaintiffs’ injuries. This is especially true in cases involving exposure to harmful chemicals. In our modern environment, there are a host of chemicals that we encounter on a daily…
Study Finds High Rate of Diagnostic Medical Errors
A recent report by the Institute of Medicine indicates that diagnostic medical errors are much more common than people think. In fact, the report concludes that most people will experience at least one incorrect or delayed diagnosis during the course of their lifetime. By one estimate, one in 20 adults seeking…
Arizona Supreme Court to Decide Applicability of Learned Intermediary Doctrine in Acne Medication Lawsuit
In Watts v. Medicis Pharmaceuticals, the plaintiff was prescribed a course of treatment involving the drug Solodyn for her chronic acne. According to the plaintiff, she received two publications providing information about the drug. The first document was a MediSAVE card that outlined a program for discounted purchases of the drug…
Illinois Lawmakers Considering Giving Four-Time DUI Offenders Another Chance Behind the Wheel
Earlier this month, a local Illinois news report discussed a new bill that lawmakers are considering that may give those who have permanently suspended licenses because they have obtained four DUI convictions another chance. According to the news article, as the law currently stands, anyone who has four DUI convictions in…