Illinois Injury and Mass Tort Lawyer Blog

Published on: April 12, 2017

After Daughter’s Overdose, Mother’s Case Against Doctor Dismissed for Failure to File Required Affidavit

In a recent case, a mother sued her daughter’s doctor after her daughter overdosed on a combination of prescription and non-prescription pills. The daughter died on May 18, 2013 after she took a lethal combination of pills. On May 15, 2015, the mother filed the claim against her daughter’s doctor, alleging that the doctor negligently prescribed her daughter a combination of opiates and sedatives, causing her death. The claim was filed three days before the claim’s two-year statute of limitations expired.

The doctor argued that the complaint should be dismissed because the woman failed to file a certificate of merit along with the complaint. State law requires plaintiffs in medical malpractice claims to file a certificate of merit at the time the complaint is filed. The certificate of merit has to state that the attorney or the plaintiff certifies that the person has consulted with a qualified health care provider, and the health care provider described the standard of care required, indicated that it was reasonably likely that the plaintiff would be able to show the defendant failed to meet that standard, and indicated that it was reasonably likely that the plaintiff would be able to show that the defendant’s failure to meet the standard caused the plaintiff’s injury. Since the mother did not file the certificate of merit at the time she filed the complaint, the mother subsequently filed a motion to amend the complaint to add a certificate of merit. However, the trial court rejected her motion and dismissed the case.

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Published on: April 10, 2017

FDA Announces Recall of EpiPen Products

By Moll Law Group

There are countless allergy sufferers in the United States. For many of these people, having an allergy to certain foods or insects is a relatively minor health aspect. But for others, being exposed to an allergen can result in death. Some common examples of severe allergies include bee stings, seafood, and peanuts. Recently, the manufacturer of the anti-allergy medicinal medication EpiPen initiated a recall after learning that some of the units may not work as intended, placing patients and other individuals who rely on the device in serious jeopardy. The device contains epinephrine, a chemical that counteracts the effects of a severe allergic reaction in the body.

Meridian Medical Technologies, the manufacturer of EpiPen and EpiPen Jr, recently expanded this recall to include South America, Europe, and Asia. The recall covers 13 lots of the devices, which are auto-injector pens that are used to help treat severe allergic reactions in emergency situations. The recall notice states that the covered lots may suffer from a defect that prevents the pen from activating.

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Published on: April 7, 2017

Lawsuit Filed Regarding SoyNut Butter Spread E. Coli Contamination Amid Voluntary Recall

By Moll Law Group

Food safety is one of the most popular topics in the headlines these days. Whether it is major foodborne illness outbreaks at popular national chain restaurants or contaminated food products on store shelves, consumers face serious risks when food providers and manufacturers fail to take reasonable precautions and to use due care.

Recently, a couple in California filed a lawsuit against the maker of SoyNut Butter, IM Healthy, alleging that one of the spouses suffered serious injuries as a result of consuming SoyNut Butter that was contaminated with E. coli O157:H7. The complaint alleges that as a result of the contamination the wife required hospitalization and extensive medical treatment. The complaint also states that she purchased the product at a popular retail store in California.

The outbreak associated with the soy nut butter spread was first identified by the Maryland Department of Health and Mental Hygiene after a resident of that state who became ill stated that they had consumed SoyNut Butter shortly beforehand. The Centers for Disease Control and the U.S. Food and Drug Administration, in addition to a number of local health departments, have launched investigations into the outbreak. Recently, IM Healthy initiated a recall for the product and stated that the voluntary recall applied to its Original Creamy SoyNut Butter product that bears a Best By date of August 30, 2018 or August 31, 2018. The company also stated in the recall announcement that the recall was due in part to the FDA’s notice that it was investigating a potential link between the product and cases of E. coli-related illness.

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Published on: April 5, 2017

FDA Reports Link Between Breast Implants and Cancer

By Moll Law Group

Breast implants are very common and have been used as a cosmetic modification for several decades. According to some reports, breast implants are the second-most common cosmetic operation that women seek out. The most common procedure is liposuction. In 2015 alone, more than 300,000 breast augmentation procedures were performed. There are many different types of breast implants that are approved in the U.S., including saline-filled or silicone gel-filled implants.

Recently, the United States Food and Drug Administration reported that breast implants may be linked to a rare type of cancer. In the same report, the FDA stated that at least nine incidences of this cancer have been linked to breast implants.

The cancer at issue is referred to as anaplastic large cell lymphoma, or ALCL. It is a type of non-Hodgkin’s lymphoma that the FDA first began investigating in 2011. The FDA is now examining 359 reports that purport to identify a link with both saline and silicone solutions in breast implants. So far, studies indicate that the cancer typically develops 10 years after the implants were inserted and usually develops close to the area where the implant was inserted. There are some reported instances in which the cancer spread, however. Some of the most common initial symptoms reported associated with the cancer include pain and swelling at the site.

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Published on: April 3, 2017

Resident-on-Resident Sexual Abuse in Nursing Homes

By Moll Law Group

Nursing home residents are protected from abuse by fellow residents under Illinois law and federal law. Illinois’ Nursing Home Care Act (NHCA) protects residents from any intentional or negligent act or omission that causes an injury to a resident. This includes abuse committed by staff members, as well as abuse committed by other residents. If a nursing home fails to protect a resident from abuse by another resident, the nursing home may be liable for this failure.

Sex Offender Accused of Abusing Fellow Resident After Recent Release from Prison

According to a local news report, a convicted sex offender is accused of assaulting a fellow resident at a nursing home in New York. The accused resident is a 62-year-old man who was recently released from prison after serving 20 years for robbery and sexual abuse. His past history involved targeting elderly women. According to the allegations, the man entered a fellow resident’s room at night, pulled off her blanket, and molested her. He is also alleged to have touched other female residents before this incident.

A state official responded to the incident and questioned whether the state’s department of corrections communicated with the nursing home. The department of corrections said it had informed the nursing home that the man was a level-three sex offender. However, the nursing home said that it was not told of the man’s conviction until he was admitted and that they learned of it only after the police visited the facility. The home also said it could not immediately discharge him after it found out about his past because it was required to find another facility to take him before they discharged him. According to the report, after the nursing home found out about the man’s past, staff monitored him every 15 minutes and later supervised him full-time. After the alleged assault, the man was released to the state health department and police.

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Published on: March 31, 2017

Court Finds Resident Cannot Be Compelled to Enter Arbitration After Daughter Signs Arbitration Agreement

By Moll Law Group

In a recent case, a court decided that a resident’s estate could not be compelled to enter arbitration, even though the deceased resident’s daughter had signed an arbitration agreement on her behalf. When the resident was admitted to a nursing home, her daughter accepted a health care proxy designation on her mother’s behalf, but the mother never executed a durable power of attorney for her daughter. The daughter then signed the home’s admission agreement, which included an arbitration agreement. The arbitration agreement stated that the arbitration agreement was voluntary and that failing to sign the arbitration agreement would not affect a resident’s ability to stay at the facility.

The nursing home admission agreement defined a legal representative as a person who has authority to act on the resident’s behalf under independent legal authority, such as a guardian or a power of attorney. The mother was not competent at the time the documents were signed. The daughter signed the admission agreement as her mother’s “legal representative” and signed the arbitration agreement under the line designated for a “resident/representative signature.” The daughter signed the documents so that her mother could be admitted to the home.

After the mother died while in the care of the nursing home, the mother’s estate brought a claim against the nursing home, alleging that the home caused the mother injuries that resulted in her death. The nursing home responded by arguing that the case had to be resolved in arbitration, pointing to the arbitration agreement signed by the resident’s daughter. The trial court found that the mother was not competent at the time the admission agreement was signed and that the daughter signed as her legal representative, so the case had to be resolved in arbitration. The mother’s estate appealed.

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Published on: March 27, 2017

China, EU Halt Imports of Brazilian Meat Amid Probe Into Food Safety Violations and Bribery

By Moll Law Group

There are many benefits that our modern food system has to offer, including the ability to ship produce around the globe so that we can enjoy some of our favorite fare throughout the year. This same benefit, however, also exposes consumers to hidden dangers. It’s not always a guarantee that imported food products were produced according to the same food safety standards adopted in the United States.

Recently, China and the European Union ceased imports of meat from Brazil, the world’s largest beef exporter, after police officials alleged that some of the inspectors may be accepting bribes to approve salmonella-contaminated or rotten meats for export. The announcement came as part of an anti-corruption probe in Brazil. Inspectors play a key role in ensuring the safety of meat products, preventing contaminated or diseased meat from entering the food supply and helping to enforce food safety regulations at processing plants.

The police force orchestrated 200 raids involving 1,100 officers in an operation dubbed “carne fraca” in an attempt to obtain additional evidence to corroborate the bribery claims. Following the raids, the police stated that they verified 40 cases of suspected bribery or other wrongdoing, including adding chemicals to expired meat to improve the smell or adding flour or cardboard to sausages to increase volume.

The government responded to the accusation by saying it is false and that it is based on only a few isolated cases. In the meantime, the Brazilian Agriculture Minister suspended exports from 21 meat processing facilities in the country. There are over 4,800 meat processing facilities in Brazil, and the country exports meat products to 150 countries. China’s suspension of meat imports has serious implications for Brazil because China imports roughly one-third of Brazil’s meat exports, accounting for nearly $14 billion.

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Published on: March 24, 2017

Hidden Camera Shows Nursing Home Aides Abusing 93-Year-Old Resident

By Moll Law Group

Americans are living longer today than in the past, which means that many families are forced to place a loved one under the care of a nursing home. Unfortunately, not all residents receive the care they deserve at nursing homes. Some residents are not sufficiently fed or cleaned, and some are subject to serious abuse, including starvation and sexual abuse. In addition, due to age and/or mental impairments, nursing home residents often are unable to report abuse.

Many nursing home cases result from negligent care of residents, but some cases arise from intentional abuse from staff. In cases in which a person acts with the intent to cause harmful or offensive contact with another person, and contact results, it constitutes battery. Assault also results in most cases, which arises from the person’s apprehension of imminent contact. In cases of intentional abuse from a nursing home staff member, assault and battery can often easily be established with the right evidence. However, it can be difficult to prove abuse in nursing home cases, because the abuse usually occurs outside the presence of independent witnesses, and residents are often developmentally impaired and cannot explain what occurred.

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Published on: March 23, 2017

Fresnius Medical Care Wins First Bellwether Trial in MDL Proceeding Regarding GranuFlo and NaturaLyte Dialysis Drugs

By Moll Law Group

Medical devices are intended to improve our ailments and make our lives easier. Although this is achieved in many cases, there are some instances where medical devices do more harm than good due to design defects or a manufacturer’s failure to provide adequate warnings about the potential side effects.

Recently, Fresnius Medical Care won the first trial in the pending multi-district litigation (MDL) involving its GranuFlo and NaturaLyte dialysis drugs. These products were intended to reduce the level of acid in dialysis patients’ blood during treatments. According to the plaintiffs’ allegations, these drugs contain a high concentration of acetone, which created unusually high levels of bicarbonate in the patients’ blood during and after treatments. The products contain more bicarbonate than other comparable dialysis treatment aids on the market. The high levels of bicarbonate can lead to a variety of health problems including fatal heart conditions and strokes. In many of the MDL lawsuits, the plaintiffs are estates or surviving heirs bringing claims on behalf of a decedent, alleging that the decedent died soon after receiving a dialysis treatment involving GranuFlo or NaturaLyte.

In the most recent trial, a Massachusetts jury concluded that the plaintiff failed to prove its case. The trial was the first of its kind to go forward in the MDL. The plaintiffs rejected a proposed $250 million settlement roughly one year ago.

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Published on: March 17, 2017

Nursing Homes Have a Duty to Prevent All Abuse, Not Just Abuse Committed by Staff

By Moll Law Group

Although concerns for nursing home residents often arise based on allegations of abuse by staff members, other residents can also be perpetrators of abuse. Of course, residents live together in one facility and will often interact, but a nursing home has an obligation to protect its patients—even from other residents.

The Nursing Home’s Duty to Prevent Abuse

Nursing homes have a duty to keep their residents safe and prevent abuse, including abuse from other residents. If one resident is being abusive towards other residents, then the resident should be controlled, and removed if necessary. There are also a number of ways nursing homes can help prevent abuse, for example by creating more private spaces for residents, improving lighting, ensuring proper staffing, and taking action when residents engage in abusive behaviors. If a nursing home fails to take an issue seriously, it may liable for injuries that could have been prevented.

All residents have the right to live in a safe environment. Mistreatment against residents can come in the form abuse, neglect, or exploitation. Abuse can include physical, mental, verbal, and sexual abuse. Neglect is the failure to provide proper care to a resident. Exploitation means the illegal or improper use of a resident’s money or belongings.

Federal nursing home regulations provide residents with certain rights, including the right to be free from abuse, neglect, and exploitation, to be treated with dignity and respect, and to have security of personal possessions. The facility is required to have policies and procedures that prohibit abuse, neglect, and exploitation, to investigate and report all allegations of abuse, and to protect residents from mistreatment.

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