Illinois Injury and Mass Tort Lawyer Blog

Published on: August 12, 2022

President Signs Camp Lejeune Act

barbed-wire-gd3ed47b8d_640-e1660261720964 President Biden has signed the historic Honoring Our Promise to Address Comprehensive Toxics (PACT) Act, which affects those who lived on Camp Lejeune, a Marine Corps Base on the Atlantic coast. Water contamination at the base was pervasive. Numerous damaging volatile organic compounds, including benzene, tetrachloroethylene, and trichloroethylene, have been found in the water Marines and others used to drink, bathe in, and cook with. The fight for justice for those harmed by the water has spanned more than 25 years. Veterans and their families and staff exposed to toxic chemicals while at Camp Lejeune can now recover new benefits for the harm they suffered. They will be able to file lawsuits for damages and injuries. If you were harmed by contaminated water at Camp Lejeune, you should call the experienced toxic tort lawyers of Moll Law Group. Billions have been recovered in product liability and toxic tort cases with which we’ve been involved.

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As we’ve previously written, more than one million people have suffered from exposure to toxic chemicals in the water supply at Camp Lejeune. President Biden’s signature on the historic bill may provide redress to those who suffered cancer, birth defects, Parkinson’s, and other severe medical conditions. The symptoms of these different illnesses vary; symptoms of leukemia, for instance, include fever, weight loss, easy bleeding, and easy bruising.

Democrat Mark Takano introduced the Honoring Our PACT Act last year with a broad range of input from stakeholders and lawmakers. The Act makes eligible for medical care, mental health services, and counseling those veterans that participated in a toxic exposure risk activity, served in particular locations, or were deployed in support of specific contingency operations. The Act enormously improves governmental action toward veterans, their families, and staff members at Camp Lejeune who suffered toxic chemical exposures from the water.

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Published on: August 8, 2022

Banana Boat Hair and Scalp Sunscreen Spray Has Been Recalled

By Moll Law Group

flowers-g80f4db707_640 Edgewell Personal Care Company, which makes Banana Boat sunscreen, has voluntarily recalled several batches of its hair and scalp sunscreen spray after trace amounts of benzene were found in it. Benzene is known to cause cancer. The manufacturer has stated that benzene isn’t an ingredient in the spray. Rather benzene developed unexpectedly in the propellant that sprays the product from its can. Certain samples of the Banana Boat Hair & Scalp Sunscreen Spray SPF 30 contain the chemical. If you or a loved one were harmed by sunscreen recalled by Banana Boat, the experienced product liability lawyers of Moll Law Group can help you figure out whether you should sue for damages. Billions have been recovered in product liability claims with which we’ve been involved.

Call the Seasoned Moll Law Group About Your Claim

The affected sunscreen sprays were packaged in aerosol cans and distributed across the U.S., both in-person and online. Affected sunscreen products had specific expiration dates; you can identify them according to their lot code numbers.

The manufacturer’s spokesperson has stated that no other Banana Boat sunscreen for hair and scalp is part of the recall and that these products can continue to be used safely and as intended. The sunscreen spray was packaged in aerosol cans and distributed across the country. Its expiration dates were in December 2022, February 2023, and April 2024. From the company’s perspective, the recall is being taken out of an abundance of caution.

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Published on: August 4, 2022

Senate Passes Long Anticipated PACT Act

By Moll Law Group

unnamed-300x265 On August 2, 2022, the Senate passed the long-sought PACT Act. The passage of such bill marks the end of a persistent fight to get the law passed through Congress. This legislation had been held up in the chamber after opposition from more than a dozen Republicans. After extensive backlash from veterans and veterans’ groups, the final vote was 86-11 and sent to President Joe Biden to sign into law.

Talk to Moll Law Group About Whether You Have a Claim

The PACT Act will expand health care benefits for millions of veterans exposed to toxic substances during their military service. The bill will also include the highly anticipated Camp Lejeune Justice Act of 2022. The Camp Lejeune Justice Act addresses the water contamination at Marine Corps Base Camp Lejeune in North Carolina between August 1, 1953 and December 31, 1987. It is important to note that this action will only be available for individuals exposed to the contaminated water for at least thirty (30) days. Individuals who have sustained injuries due to their exposure will finally be able to file suit for monetary compensation.

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Published on: July 26, 2022

RIO-Branded Hammock Chairs Have Been Recalled

By Moll Law Group

hammock-g98c17b6cc_640-e1656952435126 Recently, RIO-branded swinging hammock chairs were recalled. When pins are not properly inserted, the chair’s legs can collapse such that the user is injured. Around 786,000 units of this type of hammock, which have black or gray metal frames and fabric seats, were recalled. If you have a hammock that is navy, gray, red or camouflage, you should check to see who the manufacturer is by looking below the pillow. The affected hammocks have “RIO” printed below the pillow. Only chairs with warning tags on the back of an armrest or backrest are included in a recall. You should call ShelterLogic Group, which makes the hammock, to receive instruction on verifying proper insertion pins. Additionally, if you were injured, you should call the experienced Chicago product liability lawyers of Moll Law Group.

Talk to Moll Law Group About Whether You Have a Claim

ShelterLogic Group owns RIO Brands, which makes the affected hammock chairs. The recall was prompted by ShelterLogic Group’s 24 reports of incidents that resulted in injuries like concussions, bruises, aches and pains, head lacerations, and abrasions sustained by consumers that fell while using the chair. If you sustained any of these or catastrophic injuries, you should consult our experienced lawyers about whether you can bring a product liability lawsuit. While the injuries reported so far in connection with these particular hammocks have been minor, more catastrophic injuries are associated with hammocks and swing chairs that result in falls.

Hammocks may be defective in terms of their design, manufacturing, or marketing. In the case of hammocks in which the pin is not properly inserted, it is likely there is a design or manufacturing flaw. Design flaws include errors in the specifications by which the product was made; these are flaws that occur in every unit of the product. Manufacturing errors are deviations from the specifications or plans for how the product should be put together. It is often necessary to retain an expert to take a look at the product and determine whether there is a design or manufacturing flaw and to testify in a product liability lawsuit.

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Published on: July 19, 2022

Chicago Lawyers for Camp Lejeune Claims

By Moll Law Group

america-gbcda51e3a_640 Camp Lejeune is a military training facility for the United States Marine Corps. Water treatment facilities that supplied water to Camp Lejeune Marine Corps base were contaminated. The volatile organic compounds dumped there from 1957 – 1987 may have caused serious injuries to Marines, Sailors, and their families on the base. Civilian employees may have been affected, too. Recently, a change in the law allows those living on the base and injured by the water to pursue financial compensation from the federal government. If you were harmed by toxic water at Camp Lejeune Marine Corps Base you should discuss your situation with the seasoned Chicago-based product liability lawyers of Moll Law Group. You may be entitled to compensatory damages including medical expenses, lost wages, loss of enjoyment of life, pain and suffering, and more.

Call Moll Law Group About a Camp Lejeune Claim

In June, the Camp Lejeune Justice Act of 2022 was passed. The bill was passed after investigators discovered that water supplies at North Carolina’s Camp Lejeune were contaminated with toxins between 1953 – 1987. The result was many different serious injuries including cancer, birth defects, miscarriage, and neurological defects like ALS or Parkinson’s. The Lejeune Justice Act permits military personnel and their families to pursue a claim within two years. If you lived or worked at Camp Lejeune between August 1953 – December 1987 and you suffer a serious injury like cancer or your baby suffered birth defects, you may be able to recover compensation for those injuries under the Act. The law is part of broader legislation that seeks to redress the problems of veterans exposed to toxic materials during service.

According to the Centers for Disease Control’s Agency for Toxic Substances & Disease Registry, two toxic chemicals contaminated the Hadnot Point Treatment Plant and the Tarawa Terrace Treatment Plant. The former plant was contaminated by trichloroethylene (TCE), which is a volatile anesthetic. The sources of TCE contamination include underground storage tank leaks, water disposal sites, and industrial area spills. Percholoroethylene (PCE), which is often used for dry cleaning, was found in highly damaging quantities in the Tarawa Terrace Treatment Plant, arriving there because of an off-base dry cleaning company’s disposal practices. Other toxins found in drinking water include benzene and vinyl chloride.

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Published on: July 12, 2022

FDA Warns About Baby Neck Floats

By Moll Law Group

baby-g3f121741c_640 Sometimes baby neck floats are used on babies with spina bifida, spinal muscular atrophy (SMA) type 1, cerebral palsy, and Down syndrome. The United States Food and Drug Administration (FDA) recently issued warnings not to use neck floats with babies with special needs or developmental delays, even when interventions such as water therapy are being provided. If your baby was injured or killed by a baby neck float, you should call the seasoned Chicago-based lawyers of Moll Law Group.

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Some neck floats, inflatable plastic rings worn around a baby’s neck, permit babies to float in the water freely. They can be marketed for premature infants or even as young as two weeks old. Parents and caregivers use the products during babies’ baths or when their baby is swimming as a physical therapy intervention because they have developmental disabilities or delays. Some manufacturers claim that using these neck floats allows for increased lung capacity, muscle tone, flexibility and motion range, and stimulation of the brain and nervous system. They claim they can build strength or promote development, but these claims are not fully supported.

The U.S. Food and Drug Administration (FDA) has warned parents and others not to use neck floats with babies, even for therapy, especially when babies have developmental delays or special needs, such as cerebral palsy, spina bifida, Downs syndrome or spinal muscular atrophy type 1. Using floats can lead to death or severe neck strain and injuries.

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Published on: July 5, 2022

Electrolux Recalls Frigidaire and Electrolux Refrigerators Because of a Choking Hazard

By Moll Law Group

ice-g77a4b3b5f_640-e1655157714382 Thirteen models of Frigidaire refrigerators and an Electrolux model refrigerator have been recalled by the manufacturer. The recall was issued because the ice makers on the affected models present a choking hazard. If the ice maker in your refrigerator injured you or caused a loved one’s death and you suspect it’s because the ice maker was defective, you should call the experienced product liability lawyers of Moll Law Group. Billions have been obtained in cases with which we’ve been involved.

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Electrolux’s recall of its white and black stainless steel refrigerators involves their ice makers. The company has received 185 reports of the ice makers’ ice level detectors breaking. If an ice level detector arm in the ice maker breaks into pieces, it can fall into the ice bucket and present a choking hazard. One consumer reported injury involving gum lacerations.

The affected units are Frigidaire and Electrolux Side-by-Side, Top Freezer and Multi-door refrigerators. The refrigerator was sold at Lowe’s, Home Depot, and appliance stores nationwide and online at Frigidaire.com between April 2020 -March 2022 for $1,200 – $4,300.

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Published on: July 5, 2022

Recall of Medtronic’s HeartWare HVAD System Batteries

By Moll Law Group

body-ge72aa36f3_640 Recently, Medtronic recalled HeartWare HVAD system batteries because of battery failure. The recall is categorized as Class I, the most significant recall, because the device may result in serious injuries or even death. Suppose you were injured due to a HeartWare HVAD system battery failure. In that case, you should consult the seasoned product liability lawyers of Moll Law Group about whether you have grounds to sue the manufacturer.

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The HeartWare Ventricular Assist Device (HVAD) System is utilized to keep the heart pumping blood to the remainder of the body. The system is implanted in patients’ bodies to bridge cardiac transplants used to help the heart when at risk of death from end-stage left ventricular heart failure. Doctors use these systems for heart tissue recovery or destination therapy (DT) in patients for whom heart transplants are not planned. The manufacturer, Medtronic, Inc., has recalled many batteries because they have welding defects. These defects allow the two cell battery packs to separate. This separation can result in a battery malfunctioning because power is not provided, and the battery cannot sustain a full charge or adequately recharge. The battery can fail suddenly.

A Power Disconnect alarm on the controller scene and in the Alarm Log tab is triggered when a malfunction happens. While these alarms may temporarily resolve, the battery may continue to fail. The result may be death or severe injury. The company has reported one death in connection with the recall, along with two complaints about united in the recalled lot. This year, Medtronic sent an Urgent Medical Device Correction letter to those affected, asking them to identify whether they have an affected battery immediately and to quarantine them accordingly. Doctors have been asked to notify patients with affected batteries and remove them from service; they have been given patient templates to inform patients about the harm. If you believe you may have been affected, you should discuss your situation with your doctor. The company is replacing impacted batteries with new ones and implementing actions to improve the batteries.

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Published on: June 28, 2022

FDA Forces Juul To Cease Sales

By Moll Law Group

eliquid-gf058e9070_640 On June 23, 2022, The U.S. Food and Drug Administration created an order against JUUL Labs Inc. to immediately remove their products from the market. These products are the JUUL itself and their entirety of different JUULpod types: Virginia tobacco and menthol flavored pods, both offered at nicotine concentrations of 5.0% and 3.0% respectively.

The company was added to Marketing Denial Orders (MDOs) with over 250 other similar electronic vapor products. This supports FDA belief that the positive aspect of aiding former smokers to quit does not outweigh the harm to young people, including but not limited to addiction, mental illness, and respiratory conditions.

FDA Commissioner Robert M. Califf, M.D. shared more on what prompted the movement.

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Published on: June 27, 2022

Volara System Recalled

By Moll Law Group

man-g4698b989e_640-e1655155803670 A broad range of chronic conditions are treated with the Volara System, which provides continuous positive expiratory pressure (CPEP) to expand your lungs and airways, along with continuous high-frequency oscillation pulses to free mucus plugs and make it easier to cough and breathe less effortfully. However, if you use the Volara System, it’s important to be aware that its manufacturer, Baxter International Inc., issued an Urgent Medical Device Correction for the Volara System and then a recall. This is a home care system prescribed by doctors when a patient needs a ventilator in the home environment. Unfortunately, it’s been found that use of the system comes with a possible risk of oxygen desaturation, as well as the danger of overexpansion resulting in lung tissue damage. If you were injured or a loved one was killed due to the malfunctioning of the Volara System, you should give the seasoned product liability lawyers of Moll Law Group a call. You may have grounds to sue for damages, and it is important to seek counsel.

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Baxter voluntarily issued the Urgent Medical Device Correction after receiving a report of a patient suffering from oxygen desaturation while using the device at home. The device was recalled in a class 1 recall because the device poses serious risks such as lung infection that restricts oxygen to the brain, brain injury such as hypoxia, death, and choking on mucus.

Initially caregivers and patients were warned to continue to use Volara therapy as prescribed, but were supposed to monitor for respiratory distress signs such as an increase in breathing rate, bluish color around the mouth or inside it, wheezing, or changes in alertness, when using it. Patients were told potential issues could occur when using the device with a ventilator and adaptor or the patient circuit kit oscillation and lung expansion therapy.

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