Dangerous Products Attorney Blog

Published on: July 30, 2016

Jury Rejects Claim Against Doorknob Cover Manufacturer After Child Escapes

A 23-month-old boy tragically drowned in a pond after he climbed out of his crib and walked outside in the middle of the night. After the accident, the boy’s parents filed a product liability case against the company that manufactured the doorknob cover they had installed on their front door. The doorknob cover was a safety measure to prevent children from opening doors. The boy’s parents used the doorknob cover on the front door of their home to stop him from opening the door. However, the company argued that the doorknob cover was not defective or unreasonably dangerous if it were used properly.

At trial, evidence showed that after the boy began climbing out of his crib, to help ensure their son’s safety, the couple began using a chain lock on the front door in addition to the doorknob cover. On the night of the accident, the boy’s mother locked the tab lock on the doorknob but forgot to latch the chain lock. The boy was discovered the next morning, and the doorknob cover was on the floor in two pieces. Investigation notes with social services stated that the parents knew the boy was able to defeat the doorknob cover, which was why they installed the chain lock. However, the father denied making that statement.

The parents argued that evidence of their knowledge of the boy’s ability to defeat the doorknob cover should be excluded because it was irrelevant, and at most it was only a contributing cause but not the sole cause of the accident. They also argued that it was overly prejudicial. Despite their objections, the evidence was allowed at trial.

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Published on: July 27, 2016

Consumer Safety Commission Recalls Over 500,000 Hoverboards, Warns of Serious Safety Risk

By Moll Law Group

The safety risks of certain products are not always immediately apparent. After many U.S. consumers purchased hoverboards for the holidays this past year, many months went by before the Consumer Safety Commission warned of serious risks in most hoverboards. Product liability claims arise from situations in which defective products injure individuals or cause property damage.

Product Liability Claims

Product liability claims appear when the sale of a product causes injury, death, or other harm to consumers. There are a number of different ways in which individuals can hold sellers or manufacturers liable. For example, in Illinois, consumers may assert liability for negligence, strict liability, violation of express warranty, or violation of implied warranty.

Express warranty actions arise if the seller of a product claims that the product has a particular quality or will perform in a certain way. Implied warranty claims generally arise when a product is not of average quality or is not able to be used for its ordinary purpose. Negligence requires that the defendant have acted negligently, or without the required care. In contrast, strict liability claims do not require any showing of negligence but focus on the defective product itself. A seller can also be liable if it fails to adequately warn consumers of the dangers associated with the product.

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Published on: July 21, 2016

E. Coli Outbreaks Can Cause Serious Symptoms for Illinois Victims, Give Rise to Liability

By Moll Law Group

The Centers for Disease Control estimates that about one in six people get sick from food-borne illnesses each year in the United States. Of these, around 3,000 people die as a result. In recent years, E. Coli outbreaks have become familiar to Americans as they continue to come up in the news, at times causing serious effects for victims.

E. Coli is a bacterium that can be transmitted by consuming contaminated food, including unwashed raw produce, undercooked beef, unpasteurized juice, and raw milk. The consumption of contaminated food can result in symptoms, the most common of which is diarrhea. However, in more serious cases, it can cause anemia or kidney failure, which can lead to death.

E. Coli generally lives in cattle, but it can also be found in other livestock. If meat containing E. Coli bacteria is not cooked to 160 degrees, E. Coli bacteria can survive and infect those who consume it. In addition, the meat can affect other food that comes into contact with the infected raw meat. Raw meat is the most likely cause for infection, but it can be transmitted through raw fruits and vegetables, or through raw milk or other dairy products.

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Published on: June 8, 2016

Pharmaceutical Companies May Be Held Liable for Failure to Warn Mothers of Potential Birth Defects

By Moll Law Group

Court Upholds $3 Million Verdict for Failing to Warn of Birth Defects

According to one news source, a court of appeals recently upheld a $3 million verdict against a subsidiary of Johnson & Johnson after a baby was born with severe birth injuries as a result of medication taken during the mother’s pregnancy. The baby’s parents brought a claim against the company, and the jury found the company liable for failing to warn the mother’s doctors of the risk of birth injuries if she took Topamax during her first trimester.

The mother took Topamax, a drug prescribed to help prevent seizures and migraine headaches. While she was pregnant, she took the drug to treat migraines—but she did not know of the dangerous effects it could have on her baby. Research has shown that 3.8 percent of children exposed to Topamax in utero during the first trimester have oral birth defects. In particular, cleft lip and cleft palate are known risks.

The couple’s daughter was born with a bilateral cleft palate and lip. The girl has had to undergo over 14 procedures, including surgeries, to treat the birth defects. She has also suffered hearing loss, speech difficulties, and bullying because of her speech and appearance. The parents were awarded $1.5 million for future health care expenses, and their daughter was awarded $1.5 million in non-economic damages.

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Published on: April 8, 2016

Attorney Fails to Make Timely Objection, so Judgment in Product Liability Case Must Stand

By Moll Law Group

Even when individuals have a valid claim, a lawyer’s missteps can have serious consequences for their clients. In a recent case, a judgment in favor of the defendant could not be revisited because the issue raised on appeal was not raised by the plaintiffs’ lawyer during the trial.

The Facts of the Case

A husband and wife filed a lawsuit against makers and distributors of microwave popcorn and butter flavoring. The husband ate microwave popcorn every day for 20 years. They alleged that the products caused him to develop the lung disease bronchiolitis obliterans.

At trial, the experts disagreed about what caused the husband’s sickness. Both the plaintiffs and the defendants had a number of expert witnesses who testified about his sickness and its likely cause. One of the defendant’s experts was a doctor who testified about articles that were not provided to the plaintiffs for review. The plaintiff’s lawyer objected, arguing that the witness could not testify about facts about which the plaintiffs did not have information. He argued that the plaintiffs could not adequately prepare for such testimony, and the testimony was unfair. The judge agreed, and the expert’s testimony was stricken. Accordingly, the judge instructed the jury to ignore the testimony they had heard from the expert. The trial continued, and the jury found in favor of the defendant.

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Published on: March 17, 2016

Products Liability Cases in Illinois

By Moll Law Group

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, negligence, and strict liability.

Strict liability claims in Illinois do not require that the plaintiff prove that a defendant acted negligently. They focus on the condition of the product instead. Generally, under a strict liability theory under Illinois law, a plaintiff is required to establish that (1) the product contained a defective condition; (2) the condition made the product unreasonably dangerous; (3) the condition existed when the product left the control of the defendant; (4) the plaintiff suffered an injury; and (5) the injury was proximately caused by the product’s condition.

The decision of which claim or claims to bring depends on the facts of each case. These considerations may include the warnings the sellers provided, the relationship between the injured party and the manufacturer or retailer, the location of the defendants, and the statute of limitations. There is also a question of which companies to sue. It may make sense to sue the manufacturer directly or to sue a retailer. There are a number of factors to consider. For example, many products are made in China by a number of different manufacturers. Suing manufacturers in other countries can be complicated, and understanding whom to sue and how to do so is essential to a successful case.

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Published on: March 12, 2016

FDA Warns Women of Potential Risks of Essure

By Moll Law Group

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 about three months, scar tissue forms around the coils and makes a barrier in order to prevent conception.

The FDA recognized that there are potential complications related to these types of implantable forms of sterilization and that it should take actions in order to address these risks. These actions include requiring a clinical study to assess the risks and requiring warnings on the product labels. The FDA stated that the actions recognize that “more rigorous research is needed to better understand if certain women are at heightened risk of complications.”

The FDA, an agency within the U.S. Department of Health and Human Services, protects public health by ensuring that food and drugs are safe for people to use. The FDA’s position is that while Essure is safe for most women, some women may be at risk for complications. Those complications may include pain, tears, bleeding, and allergic reactions.

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Published on: March 10, 2016

Expert Witnesses Precluded in BMW Birth Defect Case

By Moll Law Group

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 new BMW 525i. The plaintiff’s mother was the only person who drove the car. In the spring of 1991, she noticed a smell of gasoline in the car at times. It caused her headaches, dizziness, and throat irritation. That summer, she became pregnant with the plaintiff. In November, a mechanic finally discovered a fuel leakage caused by a split fuel hose. The plaintiff was born in May 1992 with severe mental and physical disabilities. In 1994, BMW recalled all of their 525i vehicles made between 1989 and 1991, due to defects in the fuel hoses.

The plaintiff sued BMW in 2008, claiming that his disabilities were caused by exposure to unleaded gasoline vapor from a defective fuel hose in his mother’s BMW while he was in his mother’s womb. The plaintiff sued BMW in a personal injury action, claiming that the car’s defective fuel hose caused his injuries.

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Published on: March 8, 2016

Court Considers Causation Issues in Defective Gun Case

By Moll Law Group

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 caused the gun to go off. Was it the victim’s own mistake, or was the gun defective? If a plaintiff wants to sue a gun manufacturer due to a defect, it can be a difficult case to prove. Plaintiffs often have to rely on experts to explain the defect and the cause of the accident.

In a recent case, a plaintiff struggled with these issues when she filed suit against Remington Arms Company, a gun manufacturer, after her husband died from a gunshot wound while hunting by himself. The plaintiff alleged that her husband died due to a defect in his gun, a Remington Model 700 bolt action rifle. After he failed to respond to text messages from his family, a family member went to look for him where he had been hunting. He was found dead in a tree stand with a single gunshot wound to his chest. His rifle was found on the ground 15 feet below where he was. The rifle’s safety mechanism was off, there was a spent cartridge casing in the chamber of the rifle, and there was a rope attached to the rifle.

The plaintiff’s expert had filed a report stating that the rifle fired due to a defect in its trigger system. The Remington Model 700 rifle includes a “Walker” fire control system. This particular fire control system was unique because it included a specially designed trigger mechanism. According to the expert, rifles with “Walker triggers” had fired unexpectedly before. He stated that because of the unique design, dirt, moisture, or other residue could cause the connector within the rifle to fail to return to its proper position—which then caused the rifle to fire. He stated that there was residue in the plaintiff’s husband’s rifle and that it could have hit a tree, the ground, or the rope, causing it to fire.

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Published on: March 5, 2016

Large Manufacturer Ordered to Pay $72 Million in Cancer-Related Lawsuit

By Moll Law Group

In a recent court decision, Johnson & Johnson, the world’s largest maker of health care products, must pay $72 million to the family of a woman who claimed that the company’s products caused her ovarian cancer and ultimately her untimely death. This recent verdict was the first time a jury found that Johnson & Johnson had to pay damages related to the company’s talc-based products.

The plaintiffs claimed that the woman’s fatal ovarian cancer was caused by the company’s use of talcum powder in its products, including in its baby powder and Shower to Shower brand. Johnson & Johnson advertised its Shower to Shower brand (which included talc) for feminine hygiene, claiming that “just a sprinkle a day keeps odor away.” In 1999, the American Cancer Society advised women to use cornstarch-based products in the genital area. Cornstarch is generally now used instead of talc as an absorbent in baby powder and feminine hygiene products. However, Johnson & Johnson continues to use talc in some of its products and maintains that it is safe. The woman used the products for 35 years for feminine hygiene. More than three years ago, she was diagnosed with ovarian cancer, which ultimately caused her death at age 62.

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