Illinois Injury and Mass Tort Lawyer Blog

Published on: March 16, 2022

CPSC Complaint Against Leachco for the Podsters

newborn-gc398873d0_640-300x200 Leachco, Inc. manufacturers infant loungers called the “Podsters.” After reports of two infant deaths in connection with these loungers, the company refused to undertake a voluntary recall. The United States Consumer Product Safety Commission (CPSC) filed an administrative complaint about the loungers against Leachco. The complaints concern Leachco’s Podster, Podster Plush, Bummzie and Podster Playtime. If your baby was suffocated in one of the Podsters, or another infant lounger, you should consult the seasoned Chicago-based product liability lawyers of Moll Law Group about whether you have recourse. We represent clients around the country. Billions have been recovered in lawsuits with which we’ve been involved.

Give the Product Liability Lawyers of the Moll Law Group A Call

Podsters measure 71-75 inches in circumference and are about 23.75 by 21.5 by 8 inches. They’re designed with a removable cover with a core of elastic nylon-spandex and padded insert and come in a variety of prints. Around 180,000 Podsters have been sold. However, the CPSC found in January that public safety required a warning of the suffocation hazard the Podster presents. In an administrative complaint filed against Leachco, the CPSC Chair noted that the Commission wouldn’t ignore products that put vulnerable infants at unnecessary risk and that the CPSC was filing the complaint as a last resort because the manufacturer had failed to respond to safety concerns previously raised.

The complaint explains that the infant loungers may obstruct airflow if an infant moves, rolls, or is put in a position in which his nose or mouth are obstructed by the Podsters. The loungers include warnings and instructions about using the product but the complaint reasons that caregivers will foreseeably use the infant lounger for sleep, leaving the infant without supervision. By law, the actual use of a product is part of the evaluation of whether a product is defective.

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Published on: March 10, 2022

Hot Air Brushes Recalled Due to Danger of Electrocution or Shock

By Moll Law Group

hairdresser-gf51ec0d83_640-e1646839051297 BrushX hot air brushes were recalled on February 17, 2022 due to the risks of electrocution or shock. If you were left with injuries due to electrocution or shock from a BrushX hot air brush, you should consult the experienced Chicago-based product liability lawyers of the Moll Law Group about whether you have grounds to sue for damages. Billions have been recovered in cases with which we’ve been involved. When you’ve been harmed by a large company, it’s wise to pursue product liability lawsuits with a lawyer who understands how to mount a strong case for clients.

Give the Product Liability Lawyers of the Moll Law Group A Call

The BrushX hot air brushes were recalled because they weren’t designed with an immersion protection device. That means if you use the brush and it falls into water over your sink or bathtub while it’s plugged in, you could be electrocuted or shocked. Around 100,000 hot air brushes were affected by the recall: the BrushX One (the Styler, Dryer & Volumizer), as well as the BrushX Gen.2 hot air brushes.

The brushes in question have been sold in both black and combinations of black and pink. A “not waterproof” symbol marks the back of the brush.

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Published on: March 3, 2022

Second Infant Died After Consuming Recalled Abbot Baby Formula

By Moll Law Group

baby-g909db3e6f_640-e1646267137939 Recently, Abbot Nutrition expanded its recall of baby formula after a second baby died from infection after consuming the formula Abbot Nutrition’s Similac PM 60/40 with a lot code 27032K800. Four reports of Cronobacter sakazakii infection have been reported in connection with products from the plant. If your baby was harmed, hospitalized, or died because of its consumption of Abbot Nutrition’s Similac, you should call the experienced Chicago-based product liability lawyers of the Moll Law Group about whether you have a claim against the manufacturer. Similac PM is specifically intended for infants that are helped by lowered mineral intake; the specific formula in question wasn’t included in a prior, February 17 recall for lots of Similac, Alimentum, and EleCare, powdered formulas, that were also produced at the same plant. No parent should have to go through the anguish of a baby who dies because of a formula that should have been safe.

Call the Seasoned Product Liability Lawyers of Moll Law Group About Your Lawsuit

The FDA has updated its website to investigate another illness due to another Cronobacter sakazakii, which is a rare and dangerous bacteria that causes serious medical complications, including blood infections. A child died after hospitalization and an infection with this germ may have contributed to his death. He had consumed Similac before becoming infected. While four infections involving Cronobacter sakazakii were reported to the FDA and the Centers for Disease Control and Prevention, a Salmonella Newport infection was also reported alongside the outbreak. The five infants who became sick were all hospitalized. Two died.

Following the second baby’s death, Abbott Nutrition recalled the powdered formula the baby had consumed. To determine whether you are using a lot of powdered formula that has been recalled, you can look at the 7-9 digit code and expiration at the bottom of the package. Take a look at whether the first two digits of the code are 22 -67, the code contains Z2, SH, or K8, and the expiration date is April 1^st or later. You can type in the code on the bottom of your package at Similacrecall.com to make sure it’s part of the recall.

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Published on: February 28, 2022

Another Lawsuit Filed in Elmiron Multidistrict Litigation

By Moll Law Group

eyes-gdebe702c9_640-e1644292120741 Elmiron is a drug for bladder pain manufactured by Johnson & Johnson, its subsidiary Janssen Pharmaceuticals, and other parties for eye damages. If you suffered injuries due to Elmiron, you may have a claim that should be part of In Re: Elmiron MDL No. 2973. Recently, another lawsuit was filed on behalf of a woman who was injured after she was prescribed and used Elmiron. If you were harmed by Elmiron, you may be able to file a lawsuit for damages you’re your case may be joined to the MDL. You should consult the seasoned Chicago product liability lawyers of Moll Law Group about whether you have grounds to sue. Billions have been recovered in cases with which we’ve been involved. We represent consumers around the country.

Call Moll Law Group if You Believe You Have an Elmiron Claim

The most recent product liability lawsuit arising out of Elmiron was filed on January 10, 2022, but it has joined more than 600 other lawsuits in multidistrict litigation in multidistrict litigation in New Jersey federal court. These lawsuits are being pursued on behalf of those who were prescribed Elmiron for their interstitial cystitis and believe they experienced retina damage and visions problems as a result. Interstitial cystitis triggers chronic bladder pain.

The most recent lawsuit alleges that Janssen became cognizant of the vision problems associated with Elmiron shortly after it came onto the market in 1996, which, if true, means they continued to sell the drug long after they knew it had harmful side effects.

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Published on: February 21, 2022

Experienced Firm for HawkOne Directional Atherectomy Claims

By Moll Law Group

doctor-g64d60a972_640-e1644291190381 The FDA has issued a Class 1 recall, which is the most serious kind of recall, for HawkOne Directional Atherectomy Systems. When a Class 1 recall is issued, it is because using the recalled device may cause death or severe injuries. If you were injured or a loved one was killed because of the HawkOne Directional Atherectomy System, you may have grounds to sue and should contact the experienced Chicago-based product liability lawyers of Moll Law Group about whether you have a viable claim. Billions have been recovered in cases with which we’ve been involved.

Give Moll Law Group a Call About HawkOne Directional Atherectomy Systems Injuries

The HawkOne Directional Atherectomy System is used by surgeons to improve blood flow during procedures. Made up of a catheter and cutter driver, it is used to take out blockages that occur in peripheral arteries. Unfortunately, when it is used forcefully, there is a risk of the guidewire inside the catheter shifting down or prolapsing, which can result in the tip of the catheter breaking away or separating. This can then result in significant adverse events such as an arterial dissection in which the inside wall of the artery is torn. The tip breaking off can also decrease blood flow resulting in arterial rupture or ischemia. When there are blood vessel complications, further procedures may need to be conducted to catch and take out the tip that has detached. Sometimes the tip migrates, creating further complications.

Medtronic sent an Urgent Medical Device Notice letter to consumers on December 6, 2021, because it has already received 163 complaints about the device. While no deaths have been reported, there have been 55 injuries so far. Prior to the recall, consumers and health care providers were asked to share the information with anyone at the practice or organization who needs to be aware of this problem, or to any other organization where the product has been sent. Health care providers were asked to review instructions. Even so, injuries and deaths may have occurred as a result of the defective device.

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Published on: February 14, 2022

New Study May Impact Hernia Mesh Claims

By Moll Law Group

stomach-pain-gee79c2f12_640-e1644290768305 Hernia mesh is a medical device commonly placed by surgeons in the area around a hernia in order to support damaged tissue during the healing process. Nine out of 10 hernia surgeries each year involves the mesh. Unfortunately, complications such as bowel obstructions and perforation, sometimes do arise once the mesh is placed, and patients may need additional surgery to remove the mesh, as well as extensive medical care when that happens. A recent study asked whether synthetic mesh is better than biologic mesh at reducing a 2-year risk of hernia recurrence when a single stage repair of ventral hernias is made. The findings tend to support the use of synthetic mesh rather than biologic hernia mesh because synthetic mesh entails lower costs and recurrences. If you were injured by hernia mesh, you should call the seasoned Chicago product liability lawyers of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

Give Moll Law Group a Call About Your Hernia Mesh Claim

Injured consumers have filed at least 14,827 lawsuits against Bard and 3596 lawsuits against Ethicon. They are consolidated in multidistrict litigation. In the recent study, a multicenter randomized clinical trial, 253 patients were randomized to synthetic mesh and biologic mesh. At two years, the follow-up rate was 92%. Synthetic mesh majorly reduced the risk of hernia recurrence and did more in that regard than biologic mesh when a patient was going through single stage repair of ventral hernias.

The study noted that biologic mesh is usually used to reinforce contaminated ventral hernia repairs but is expensive and associated with high rates of long-term recurrence of hernias. Synthetic mesh costs less and may be able to do the same thing, but its efficacy in contaminated hernia cases hadn’t previously been subjected to rigorous study.

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Published on: February 8, 2022

Recall of Youth All-Terrain Vehicles for Noncompliance with Safety Regulations

By Moll Law Group

child-ga845f3ba0_640-e1644290312265 On February 2, 2022, certain Maxtrade’s Youth Coolster Mountopz All-Terrain Vehicles (ATVs) were recalled. The recall was issued because the ATVs did not comply with the mandatory federal ATV standard for safety. Notably, youth ATVs didn’t abide by the maximum speed limit for these vehicles when they are meant for children. ATVs are sold for minimum ages 6, 10, 12, or teens. Additionally, some of these recalled ATVs have parking brakes that don’t work to stop the ATV from moving, which could result in an accident. If an ATV caused you or your child injury, you should consult the experienced Chicago-based product liability lawyers of Moll Law Group about whether you have a claim. Billions have been recovered in cases with which we’ve been involved.

Give Moll Law Group a Call to Discuss an ATV Injury Claim

The recall concerns Maxtrade’s Coolster Mountopz ATVs, models 3050-B, 3050-C, 3125-B2, 3125-CX-2, 3125-CX-3, 3125-XR8-U2, 3150-CXC, 3150-DX-4, 3175-S2, and 3175-U. They were sold in a range of colors and for a range of children’s ages between January 2007 through January 2021. They cost from $370 – $1,100.

The handlebars of these vehicles were stamped with “Coolster.” As a parent, you can look at the model numbers in the center of the rear axle to figure out whether your child’s vehicle was affected. Around 141,000 ATVs were recalled. Consumers have been told to immediately stop using the recalled ATVs. You can contact Maxtrade for a repair from an authorized repair stop.

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Published on: January 31, 2022

3M Litigation Update

By Moll Law Group

ear-g6f2aa7489_640-e1643736116323 Military veterans around the United States have sued the manufacturers of 3M Combat Arms Earplugs V2. Their lawsuits allege the earplugs caused the loss of hearing and tinnitus they were supposed to protect against. The litigation came on the heels of the settlement of a whistleblower lawsuit that alleged 3M knowingly sold the government defective combat earplugs and that the defect decreased the protection afforded to servicemembers by the earplugs. In a whistleblower lawsuit, damages go to the government and the whistleblower. Those servicemen and women who were injured still have product liability claims pending in multidistrict litigation. Bellwether trials that give both sides a sense of whether the claims will be successful have already commenced and are scheduled through January. If you believe you suffered hearing loss or tinnitus due to the 3M Combat Arms Earplugs, it’s important to talk to our seasoned Chicago lawyers right away. Billions have been recovered in product liability lawsuits with which we’ve been involved. We represent consumers across the country.

Talk to Moll Law Group to See if You Have a 3M Claim

Multidistrict litigation gives both sides a sense of whether claims against a manufacturer are likely to be successful and give both sides a sense of the value of their cases based on how similar those cases are to ones that have already gone to trial. The 3M court ordered a series of bellwether trials. For the first trial, there were three plaintiffs: the defendant picked one of the plaintiffs, the plaintiff picked a plaintiff, and the judge picked a plaintiff. Seven bellwether trials have been conducted in total, with a recent massive victory for plaintiffs in the Finley case. It had the most sizable verdict among the bellwether trials, including a punitive damages award. The plaintiff’s award was $7.5 million in compensatory damages and $15 million in punitive damages.

The next bellwether trial in the litigation began as scheduled this month. In the trial, there are two claims being tried together. 3M had filed a motion to continue the trial earlier in January because defense counsel had tested positive for COVID-19, but this motion was denied. The judge determined that lawyers with positive tests could still come out of quarantine by January 9.

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Published on: January 24, 2022

Update on CPAP Litigation

By Moll Law Group

bed-gb2830b4c0_640-e1642475048437 Many people use continuous positive air pressure (CPAP) machines because they have sleep apnea, a common condition. Symptoms of sleep apnea that CPAP machines are meant to address include excessive daytime sleepiness, heavy snoring, memory difficulties and fatigue. When sleep apnea isn’t treated, the result can be depression, diabetes, heart disease, or high blood pressure. However, in 2021, Philips Respironics, which makes CPAP and BiPAP machines, along with ventilators, issued a voluntary recall because the polyester-based polyurethane (PE-PUR) sound abatement foam used in some of its machines carry health risks. CPAP lawsuits are likely to arise over the course of the coming year, 2022. If you were harmed by a CPAP machine, or believe you may have been, you should call the seasoned Chicago-based lawyers of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

The devices affected by the recall were made between 2009 and 2021. The warning from CPAP machine manufacturer Philips Respironics indicates that the PE-PUR foam used in its machines can degrade and enter the air pathway of the device. A consumer could develop serious, even fatal injuries, from inhaling black debris and chemicals from this foam. Consumers have been encouraged to get their devices repaired or replaced. As of October 2021, the manufacturer had made around 750,000 repair kits and replacement devices. It expects that the process of replacing all the affected devices could take around 12 months. But what if you have already been harmed by your CPAP machine?

Give Us a Call If You Believe You Might Have a CPAP Claim

If you were injured by your CPAP, you may have viable grounds to bring a product liability lawsuit against Philips Respironics and you should give us a call to talk about your situation. Product liability lawsuits can be filed against manufacturers in connection with manufacturing, marketing, or design defects in their products when those defects harm consumers. Those with successful lawsuits may be able to recover compensation for their losses including medical bills, lost wages, loss of enjoyment of life, and pain and suffering.

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Published on: January 18, 2022

Update to Necrotizing Enterocolitis Litigation in Illinois

By Moll Law Group

baby-g79455702b_640-e1642474332483 Product liability lawsuits continue to be filed against manufacturer Abbott Laboratories for failing to warn parents that their baby formula Similac may cause premature infants to suffer from necrotizing enterocolitis (NEC), which is a very serious gastrointestinal infection. A motion has been made to consolidate 33 NEC lawsuits against the manufacturer in Illinois. If you believe your premature baby developed NEC due to Abbott Laboratories’ Similac formula, you should call the Chicago-based product liability attorneys of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

Discuss Your Potential NEC Claim with Moll Law Group

When you feed your baby, you trust that what you’re providing is reasonably safe for him or her to consume. Unfortunately, recent studies show that formulas made from cow’s milk, such as Similac, are dangerous for premature infants. In premature infants, there is an increased risk of the baby developing an extremely dangerous infection of their bowels called necrotizing enterocolitis (NEC) as a result of consuming cow’s milk. When a baby develops this infection, the tissue in his or her intestines decays rapidly, eventually resulting in perforations in the tissue of the intestinal wall. Bacteria then has an opening to leak into the abdominal cavity and can rapidly grow into a widespread systemic infection and sepsis.

A premature baby can develop mild, moderate, or severe NEC as a result of Similac. While a mild case isn’t life-threatening, a severe case can have permanent, even fatal consequences when it’s not properly diagnosed and treated. There is scientific evidence that dates back to the 1990s that connects Similac and preemies, but the more recent evidence is considered conclusive, such that the American Academy of Pediatrics strongly warns parents and caregivers not to feed Similac to premature infants.

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