Illinois Injury and Mass Tort Lawyer Blog

Published on: March 27, 2017

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

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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Published on: March 15, 2017

California Judge Approves $12.3 Million Settlement in Caldera Pelvic Mesh Lawsuit

By Moll Law Group

A federal judge in California recently entered an order approving a $12.3 million settlement involving Caldera Medical’s transvaginal mesh product and associated insurance claims. According to the terms of the settlement, Caldera’s insurance company will provide $10.6 million in payments to nearly 3,000 members of the class, in addition to over $600,000 in payment for attorney’s fees and costs associated with the lawsuit.

The judge issued the order despite 36 objectors who wanted the court to order an independent audit. The objectors argued that there was not enough evidence regarding whether the payment would be larger if the company, based in Agoura Hills, CA, went through a liquidation.

Regarding the mesh product, Caldera’s Vertessa Lite mesh was made of polypropylene mesh and used repair pelvic organ prolapse. Some reports estimate that as many as 40 percent of women experience some type of prolapse and that as many as 250,000 surgical procedures are performed to address this condition each year. When marketing the product, Caldera claimed that it was 31 percent stronger than other comparable mesh products on the market, lighter, and that it featured stronger suture pull-out strength.

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Published on: March 13, 2017

Zimmer Biomet Initiates Recall of Comprehensive Reverse Shoulder System Device Due to Fracturing

By Moll Law Group

The U.S. Food and Drug Administration (FDA) recently announced a Class I recall for the Zimmer Biomet Comprehensive Reverse Shoulder System, Model 115340 (“CRS”). A Class I recall is the highest level of recall according to the FDA’s regulations. This class of recall is used in situations in which there is a reasonable probability that using the subject product or exposure to the subject product will cause adverse health consequences or even death. Zimmer Biomet initiated the recall after reports indicated that the CRS device fractures at a higher rate than indicated on the label.

The CRS device is a shoulder replacement mechanism that is implanted into eligible patients, and it is designed with the intention of restoring arm movement. Some of the most common patients who have received the CRS device in a surgical procedure are patients who experience a tear in their rotator cuff and who experience severe arthritis in their shoulder as a result. This level of arthritis is commonly referred to as arthropathy. The patients have also typically experienced a failed shoulder joint replacement procedure prior to receiving the CRS implant.

According to the recall announcement, physicians who have used the CRS device in shoulder replacement procedures are affected. The announcement encourages them to review the safety notice and other associated information regarding the CRS device, identify any remaining devices that have not yet been used in surgical procedures, and contact any patients who received the CRS device in a surgical procedure. Patients who received or believe they have received the CRS device should consult their physician immediately. Devices subject to the recall were manufactured between August 25, 2008 and September 27, 2011.

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Published on: March 10, 2017

The Continuing Danger of Lead Paint in Chicago-Area Homes

By Moll Law Group

Many people assume that since lead paint is no longer legal, there is nothing to worry about. However, although lead paint has been banned since 1978, many homes still have lead paint underneath the current coat of paint.

A Landlord’s Duty to Tenants

A landlord has a duty to tenants to keep the property in a certain condition and to make certain disclosures to tenants. If a home was built prior to 1978, renters must receive a lead-based paint pamphlet and any known information about the presence of lead-based paint. In Illinois, a landlord also has a special duty to minors. A landlord may be liable for injuries if the landlord knows or has reason to know that minors frequent the premises, there is a dangerous condition, minors are likely to be injured based on their failure to appreciate the risk, and the expense of remedying the condition is slight compared to the risk to minors.

Lead Paint Poisoning Claims

Generally, lead poisoning cases are based on the theory of negligence. Claims may include a negligent failure to maintain safe premises, negligent misrepresentation, and negligent repairs. Plaintiffs may also be able to assert a breach of the covenant to repair and the implied warranty of habitability, as well as fraud and product liability claims, among others.

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Published on: March 8, 2017

Bed-Sores Considered a “Never Event” by Center for Medicare and Medicaid Services

By Moll Law Group

Never Events in Nursing Homes

Nursing home residents are at a particularly high risk of being victims of a never event, due to the lack of oversight present in most nursing homes. Unlike doctor’s offices or hospitals, nursing homes are not frequented by guests, and the residents often have limited contact with the outside world. This creates a situation in which there is little oversight, which allows for less-than-diligent staff members to cut corners when it comes to a resident’s care.

Perhaps the most common never events that occur in nursing homes are bed sores. A bed sore, also known as a pressure ulcer, is a skin condition that can develop, usually over a bony area, when too much consistent pressure is applied to the skin. Bed sores are most common among nursing home residents who are immobile. Nursing home staff should take extra precautions to ensure that immobile residents do not lie in the same position for hours at a time, and they should move or roll residents to prevent bed sores. Stage III and IV bed sores have been considered a never event by the Center for Medicare and Medicaid Services (CMS) for the past 11 years.

CMS is part of the Department of Health and Human Services and oversees two of the largest medical programs in the country, covering millions of Americans. One of the many functions that CMS plays is to help develop medical standards across the industry in hopes of providing better care.In pursuit of providing better and more effective medical care, CMS routinely updates a list of “never events.” Never events are “errors in medical care that are clearly identifiable, preventable, and serious in their consequences for patients, and that indicate a real problem in the safety and credibility of a health care facility.” These never events span the range of medical providers, including doctor’s offices, surgeons, clinics, and nursing homes.

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Published on: March 6, 2017

Proposed Class Action Fairness Act Would Mean Major Changes for Class Litigation in Federal Courts

By Moll Law Group

A senator from Virginia has introduced a proposed piece of legislation that would have dramatic implications for class action litigation if passed. The senator proposed the legislation with the intent of making class action lawsuits more fair and more efficient for all parties involved, including the court system. The bill would increase the recoveries for victims deemed deserving and filter out claims considered unmeritorious. These meritless claims are viewed as an unnecessary burden on judicial resources, according to proponents of the bill.

There are a number of ways that the legislation would change class action litigation in federal courts throughout the United States. Here are some examples. First, the legislation would require the plaintiff to demonstrate to an affirmative degree that there is “a reliable and administratively feasible mechanism” that the court can use to determine which potential class members are encompassed within the class. That mechanism would also need to provide a feasible and reliable way to distribute funds to those class members.

Next, attorneys would be prohibited from receiving class counsel fees until an accounting of the overall amount of fees that the defendant had dispersed is conducted. One of the things that the accounting would need to identify is the overall amount of compensation given to the class, the estimated or actual number of members in the class, the average compensation amount disbursed, and the highest sum provided to any single class member. It would also have to list any amounts paid to other individuals, including plaintiff’s counsel, and the reason for the payment.

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Published on: March 3, 2017

FDA Issues Warning About Risk of Bacterial Infection from Neti Pot Nasal Rinse Device

By Moll Law Group

When you are suffering from a bad cold or illness, finding a cure to alleviate your symptoms becomes a priority. There are a wide variety of over-the-counter methods available, but one of the most popular products on the market today is a Neti Pot. The Neti Pot is a device that flushes out congested nasal passages and helps people breathe more easily. The device is usually filled with water and a saline solution. The end of the device with a nozzle is inserted into the nostril, and the user then applies pressure to the device to force the water into the nostril and through the nasal passage.

According to a recent report from the U.S. Food and Drug Administration, however, Neti Pots may actually increase users’ risks of contracting an infection. In a statement warning consumers about Neti Pots, the FDA said that some tap water used in conjunction with the device can contain harmful bacteria and protozoa, including amoebas. If these bacteria are swallowed, the stomach is capable of killing them. If the organisms enter the nasal passage, however, they can survive and cause a potentially life-threatening infection. The FDA is advising consumers to use sterile or distilled water in Neti Pots in lieu of tap water. They also suggest boiling tap water and allowing it to cool before using it in the Neti Pot. Filtered water or bottled water may also be a viable option. It is also advisable to sanitize the device between uses to prevent cross-contamination or recontamination.

If you experience an infection linked to a Neti Pot, you can report the incident to the FDA’s MedWatch Safety Information and Adverse Event Reporting Program. Although Neti Pot is one of the most popular brands of nasal rinsing products, there are many similar devices sold under other brand names that pose an identical threat of nasal passage infection.

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