Dangerous Products Attorney Blog

Published on: February 2, 2016

Safer Technologies in Cars, But Not For Everyone

Each year in the United States, there are approximately 32,000 people killed in car accidents. Many more suffer severe and debilitating injuries that last a lifetime. Accidents occur for many reasons. There are snow storms and icy road conditions, and most drivers have at one point or another inadvertently drifted into another lane or not seen another driver hiding in his or her blind spot at some point or another.

Sometimes accidents are the result of drivers being tired, intoxicated, or distracted, often by texting or talking on the phone. When this occurs, injured drivers, passengers, pedestrians, and property owners can sue for negligence and be compensated for their losses. In Illinois, injured parties can recover for out-of-pocket losses, like lost wages and reduced future income, as well as less tangible injuries, like pain and suffering and emotional distress.

Some accidents are also the result of defective auto parts. In these cases, injured parties can sue for compensation, and they do not even have to prove negligence. If a part is defective, and the part was defective when it left the automaker’s possession, the plaintiff is entitled to recover for any injuries caused by the defect.

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Published on: January 21, 2016

Supreme Court Allows $124 Million Judgment Against Drug Company to Stand

By Moll Law Group

According to a news article, the U.S. Supreme Court recently refused to hear a drug-maker’s appeal in a case that cost the drug company $124 million for falsely marketing a prescription medication. By declining the appeal, the court affirmed a South Carolina Supreme Court ruling that reduced the company’s damages from $327 million to $124 million, but it did not overturn a jury’s verdict that the drug company had improperly marketed the medication.

How Cases Get to the Supreme Court

Cases come to the supreme court in one of two ways. First, a case can be appealed to the court from a lower federal court ruling. These courts are called federal circuit courts. Second, a case can come to the supreme court from a state’s highest court. In either case, if the supreme court does not accept the appeal, the lower court’s decision stands.

What Happened in This Case?

The drug at issue in the South Carolina case is called Risperdal. Risperdal was introduced in 1994 for the treatment of schizophrenia and bipolar disorder. It is also given to patients with autism who suffer from irritability and aggressiveness. Side effects of the medication include diabetes, stroke, and weight gain.

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Published on: December 19, 2015

Accident-Related Injuries Can Have Many Causes Aside from the Obvious

By Moll Law Group

Among all vehicle accidents, motorcycle accidents are particularly scary. There are no seat belts or air bags to protect a motorcycle rider’s body from injury, and some states, like Illinois, have no helmet law at all.

Without these protections, when a motorcycle driver is involved in an accident, the injuries are often serious and even life-threatening. No matter how slowly a motorcycle is moving, if a rider is hit and his head hits the ground, there is the possibility of permanent damage to the rider’s brain. The same is true if a motorcycle rider is thrown into the air without a seat belt to keep him grounded.

Like all other drivers, motorcycle riders can be injured in any number of ways. With only two wheels to grip the road, bad weather and slippery streets can easily cause a motorcycle to lose traction and crash. In addition, given their size, it is easier for other drivers to lose a motorcycle in their “blind spot” while changing lanes or merging onto a busy highway.

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Published on: December 18, 2015

Automobile Manufacturers May Be Liable For Defective Parts

By Moll Law Group

With so many cars on the road, accidents are bound to happen. Bad weather, drunk drivers, and drivers texting behind the wheel of a car are only a few of the reasons why accidents happen so frequently.

With so much beyond a driver’s control, many consumers now look to buy the safest car they can find. They consult car magazines and the internet for crash-test safety reviews, and they ask their local mechanic for recommendations based on performance, reliability, and, perhaps more than ever, safety.

Over the years, cars have become safer in many ways. After all, it was not very long ago that cars were not equipped with airbags, and some of those cars are still on the road today. To test for safety, car companies and trade groups conduct crash tests, and the results are often published.

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Published on: December 14, 2015

When Food Poisoning Strikes, Compensation May Be Available

By Moll Law Group

When families go out to eat, whether for Sunday brunch or a birthday dinner, they expect their food to not only taste good but also be safely prepared. This is true for the fanciest restaurants as well as the fast food restaurant on the corner. It is also true for food purchased at the grocery store or served via home delivery.

Unfortunately, however, food is not always as safe as it should be. Sometimes this results in an upset stomach that resolves itself after a couple of days and that a customer may not even attribute to food he or she recently ate. But sometimes food poisoning can cause serious health problems or even death.

One of the more common and well known sources of food contamination is the E. coli bacteria, which lives in the intestines of certain animals. The most common symptoms of E. coli are diarrhea, abdominal cramping, nausea, and vomiting. In more serious cases, kidney failure may occur. This most commonly occurs in children and those with compromised immune systems, like the elderly.

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Published on: November 14, 2015

Medical Device Manufacturer Recalls Hip Replacement Part

By Moll Law Group

A Tennessee-based medical device company has issued a recall for a prosthetic part used in hip joint replacement surgeries. According to one news source, the recall is a Class I recall. Class I recalls are issued when there is a reasonable probability that continued use of the device will cause serious health problems or even death.

The part is one of three prosthetic parts used in a total hip replacement surgery. According to the U.S. Food and Drug Administration, the part has been fracturing more than anticipated after surgical implantation. If a fracture occurs, patients may suffer from an array of symptoms, including pain, instability, and trouble walking. Fractures may also require emergency surgery to replace and repair the broken part. This is called revision surgery, which is often more complex and risky than original hip replacement surgery.

As a result of the recall, the company has informed product distributors, hospital personnel, and surgeons to cease selling and using the recalled part. The company has also recommended that patients immediately contact their doctor if they experience sudden pain, instability, difficulty walking, tingling, or a loss of feeling in the surgical leg. For patients not experiencing any of these symptoms, the company does not recommend following up with a medical professional at this time.

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Published on: November 5, 2015

Cryotherapy Salon Employee Found Dead in Cryochamber

By Moll Law Group

A 24-year-old woman was found dead inside a cryochamber at a cryotherapy salon where she worked in Nevada. According to one local news article, the woman is believed to have suffocated inside one of the ice chambers at the salon.

In whole-body cryotherapy, a customer stands in a cylindrical or sauna-like chamber chilled to extreme sub-zero temperatures, often between minus 200 and minus 250 degrees Fahrenheit. The duration of time a person remains in the chamber varies, but it is generally very short — between two and three minutes. Users of cryotherapy tout its supposed healing properties, but at the present time it is unclear if the therapy is any more effective at reducing inflammation and accelerating muscle recovery than cold-water baths or traditional ice packs.

Authorities believe that the salon manager was stuck in the cryochamber for at least 10 hours before being found by other employees of the salon. Besides death, cryotherapy carries risks of frostbite and increased heart and breathing rates. As body temperatures drop, cryotherapy patients may also experience confusion, a loss of coordination, and even cardiac arrest, when the heart ceases to function properly and a person stops breathing and loses consciousness.

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Published on: October 23, 2015

Hyundai Issues Recall for Elantras and Sonatas

By Moll Law Group

The automaker Hyundai recently announced that it is recalling a large number of midsize and compact cars sold in the United States. In total, the recall affects nearly 28,000 cars, including Elantras manufactured in 2010 and 2011, and Sonatas manufactured in 2009 and 2010. Hyundai’s Elantra and Sonata are two of the automaker’s top-selling cars in the United States.

The recall was issued because of defective front coil springs installed in the Elantras and Sonatas. According to the U.S. National Highway Traffic Safety Administration, road salt can cause the coils to corrode and fracture. Road salt is typically applied to improve driving conditions when roads are covered in snow or ice, but if a coil corrodes and breaks, one of the front tires could puncture. The result would be an increased risk of an accident.

To date, no injuries or accidents have been reported as a result of the defective coils. Accidents from defects often occur and are not reported. Hyundai plans to notify dealers and car owners living in the so-called “salt belt” that new coils will be installed free of charge in the cars affected by the recall. The salt belt includes many of the Mid-Atlantic, Northeast, and Midwestern states, including Illinois.

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