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The safety risks of certain products are not always immediately apparent. After many U.S. consumers purchased hoverboards for the holidays this past year, many months went by before the Consumer Safety Commission warned of serious risks in most hoverboards. Product liability claims arise from situations in which defective products injure individuals or cause property damage.

Product Liability Claims

Product liability claims appear when the sale of a product causes injury, death, or other harm to consumers. There are a number of different ways in which individuals can hold sellers or manufacturers liable. For example, in Illinois, consumers may assert liability for negligence, strict liability, violation of express warranty, or violation of implied warranty.

Express warranty actions arise if the seller of a product claims that the product has a particular quality or will perform in a certain way. Implied warranty claims generally arise when a product is not of average quality or is not able to be used for its ordinary purpose. Negligence requires that the defendant have acted negligently, or without the required care. In contrast, strict liability claims do not require any showing of negligence but focus on the defective product itself. A seller can also be liable if it fails to adequately warn consumers of the dangers associated with the product.

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Hot dogs are a hallmark of summertime and an essential at seasonal barbecues. When we purchase hot dogs and other products at the market, the last thing we expect is for them to make us ill. Recently, the Oklahoma-based food manufacturer Bar-S Foods, Co. recalled over 372,000 pounds of pork and chicken hot dogs and corn dog products over fears that the products have been contaminated with listeria monocytogenes.

Affected groups and lot numbers or products were manufactured on July 10th through 13th. Consumers can also determine whether they’ve purchased a potentially affected batch of hot dogs or corn dogs by looking for the establishment number EST. P-81A on the packaging USDA mark of inspection. The manufacturer first informed the Food Safety Inspection Service, the branch of the U.S. Department of Agriculture that is responsible for food safety in most meat products, of the potential contamination on July 19, 2016. So far, there have not been any reports of illnesses associated with the consumption of contaminated hot dogs or corn dog products from the company.

Listerosis is a serious infection that can cause a whole host of painful, debilitating, inconvenient, and even deadly symptoms. Common examples of the symptoms that infected individuals experience include stiff neck, muscle aches, fever, headache, loss of balance, gastrointestinal symptoms, and vertigo. In cases that affect the elderly, children, or individuals with compromised immune systems, the infection can be deadly if it is not treated promptly and effectively. Pregnant women are particularly susceptible to infections from listeria, and they can suffer serious consequences like stillbirths, premature delivery, and infections. If you have purchased a package of Bar S hot dogs or corn dogs, do not consume them, and check the manufacturer’s website to find more information on returning the potentially dangerous goods back to the producer.

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In a recent case, a medical malpractice plaintiff had his case dismissed based on a procedural error. A boy was born prematurely by an emergency C-section surgery, and then he was transferred to the neonatal intensive care unit. He stayed in the unit for two months and was then discharged in stable condition. A year and a half later, a notice of claim was brought against the hospital for failing to properly treat and care for his mother prenatally and for failing to obtain informed consent regarding the boy’s care. The claim alleged that the boy suffered brain damage, development, speech, and psychomotor delays, cognitive defects, and respiratory distress and seizure disorder as a result.

The plaintiff filed the claim in court another year and a half later, and four months later he sought permission to serve a late notice of claim on the defendants. The court dismissed the case for failing to provide timely notice to the hospital.

The state’s laws required that a notice of claim be served on a public corporation within 90 days of the claim arising. In medical malpractice cases, the relevant time is when a negligent act or omission occurred. Here, the plaintiff failed to serve notice within the required 90 days after the hospital provided negligent care. The court could have extended the time to serve notice and allow late notice in certain circumstances—for example, if the public corporation had knowledge of the essential facts constituting the claim. However, in this case, the plaintiff’s attorney stated that he waited to make the motion to request serving notice because he needed to receive the medical records from the hospital.

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Earlier this month, a federal district court judge entered an order reducing a jury’s verdict awarding a plaintiff $500 million in damages in a product liability lawsuit involving DePuy Orthopedics, a subsidiary of Johnson & Johnson, to $151 million. The jury’s verdict was returned in March 2016 and reflected compensation for five different plaintiffs who claimed they suffered injuries as a result of receiving a Pinnacle metal-on-metal hip implant device.

The trial lasted for two months and concluded with the jury determining that the metal-on-metal devices were designed in an unreasonably dangerous manner and that the manufacturer failed to provide appropriate warnings about the risks of the products. The jury’s verdict included $130 million in compensatory damages for the plaintiffs and $360 million in punitive damages. Punitive damages are intended to punish defendants who engage in willful, reckless, or malicious conduct and to deter other companies from engaging in similar conduct. The judge who reduced the verdict stated that according to Texas state law, punitive damages must be calculated according to a specific formula.

In related news, the same judge denied DePuy’s motion asking the court to stay the third bellwether trial in the Pinnacle MDL proceeding from going forward until the company could appeal the $500 million verdict, stating that it would create potentially adverse results and result in a waste of judicial resources to allow the third trial to proceed while the company appealed the results of the second bellwether trial. In October 2014, DePuy won the first bellwether trial.

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The Centers for Disease Control estimates that about one in six people get sick from food-borne illnesses each year in the United States. Of these, around 3,000 people die as a result. In recent years, E. Coli outbreaks have become familiar to Americans as they continue to come up in the news, at times causing serious effects for victims.

E. Coli is a bacterium that can be transmitted by consuming contaminated food, including unwashed raw produce, undercooked beef, unpasteurized juice, and raw milk. The consumption of contaminated food can result in symptoms, the most common of which is diarrhea. However, in more serious cases, it can cause anemia or kidney failure, which can lead to death.

E. Coli generally lives in cattle, but it can also be found in other livestock. If meat containing E. Coli bacteria is not cooked to 160 degrees, E. Coli bacteria can survive and infect those who consume it. In addition, the meat can affect other food that comes into contact with the infected raw meat. Raw meat is the most likely cause for infection, but it can be transmitted through raw fruits and vegetables, or through raw milk or other dairy products.

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Toxic chemicals can leak into the ground, water, and air, causing devastating injuries and illnesses to our communities. In a recent case, the jury awarded a man $5 million for his injuries and $500,000 in punitive damages against the company for its bad behavior after it dumped a toxic chemical into the river.

Damages: Compensatory vs. Punitive

Compensatory damages are awarded to the plaintiff to compensate the plaintiff for the injuries suffered. These damages often include compensation for medical expenses and lost wages, and they can also include intangible damages, such as emotional distress. Punitive damages may be awarded in addition to actual damages in some cases. Punitive damages are meant to punish the defendant for harmful behavior and to deter wrongdoing in the future.

Punitive Damages in Illinois

Illinois views punitive damages as punishment in order to serve three purposes:  (1) for retribution; (2) to deter similar conduct by the defendant in the future; and (3) to deter others from similar conduct. In Illinois, in state law claims, punitive damages are limited to three times the economic damages. Illinois allows punitive damages only when the defendant’s conduct was “with an evil motive or with a reckless indifference to the rights of others.” In the DuPont case, the jury was required to find “malice” in order to award punitive damages.

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Some products pose obvious dangers to our well-being, like kitchen appliances, cars, and sporting equipment. When seemingly harmless objects cause serious injuries to us or our loved ones, it can be quite alarming. Recently, international furniture and home goods retailer IKEA initiated a recall of 29 million chests and dressers that have been linked to at least six child deaths that date all the way back to 1989, as well as at least 36 injuries. Based in Sweden, IKEA is the largest retailer of furniture in the world. The accidents occur when the dressers’ drawers are pulled out and children climb on the drawers like a staircase. The weight of the child tips the dresser or chest over and crushes them beneath it.

The chairman of the Consumer Product Safety Commission, Elliot F. Kaye, stated that the furniture is simply too dangerous to keep in your household if you do not properly anchor it to the wall, particularly if you have young kids in the house. Lars Petersson, the president and CEO of IKEA USA, issued a statement saying that the furniture was never intended to be used without the anchoring equipment, which secures the dressers and chests to the walls against which they are placed. In a recent interview, Petersson said, “If you are assembling correctly, the product is actually a very safe product.”

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Moll Law Group has filed its first lawsuit against Johnson & Johnson, seeking damages on behalf of a 39-year-old woman who was diagnosed with ovarian cancer following her use of the company’s talcum powder-based products. In the lawsuit, which is captioned Barbara Ross v. Johnson & Johnson, et al., the plaintiff was diagnosed in 2014. She used Johnson & Johnson’s products for feminine hygiene purposes as part of her daily shower routine for 23 years, including Baby Powder and Shower to Shower.

In the complaint, the plaintiff alleges that her continuous use of these products directly resulted in her developing ovarian cancer and suffering other devastating and potentially fatal injuries in addition to infertility and serious mental and emotional suffering. Some sources suggest that the major international pharmaceutical and household product maker knew about the potential risks associated with talcum-based products for several years but failed to provide adequate warnings to consumers.

Talcum powder is derived from a mineral substance that has known similarities to asbestos, which is a known carcinogen. According to a group of researchers at Harvard University who conducted a study, women who used talcum powder-based hygiene products had a 36 percent higher risk of developing ovarian cancer compared to women who did not use talcum-based products.

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Parties often believe that a case is over when the trial ends. However, there are a number of avenues for relief for parties who are not satisfied with the result of their trial. Those avenues may result in granting a new trial altogether or even reversing the jury’s decision.

In a recent case, a man was in a car accident and filed a complaint against the defendant, alleging that he suffered injuries to his neck, back, and knee as a result, for which he sought compensation. The defendant admitted that he was at fault for the accident but argued that the accident was not the cause of the man’s knee injuries nor did it require him to undergo knee surgery. The defendant argued that the man had preexisting conditions that were the actual cause of his knee injuries.

The case proceeded to trial, and the jury found in favor of the plaintiff and awarded him $9,620 in past medical expenses for neck and back injuries. However, the plaintiff moved for a new trial because he argued that his knee injuries were also caused by the accident, and a reasonable jury could not have found otherwise based on the evidence presented. The judge granted the plaintiff his request for a new trial, but that state’s supreme court reversed the decision. It held that the jury’s verdict was supported by evidence that his knee injuries were preexisting and that the court should not have granted a new trial. Accordingly, the jury’s verdict was reinstated.

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Following the court’s rules and orders can be as important as the case itself. In a recent case, a claim was dismissed after the man and his attorney failed to attend a scheduled hearing. The man filed a complaint against a defendant after he sustained injuries during a fight at the defendant’s nightclub. However, in the complaint, the man stated the wrong date of the incident, and the incorrect date signified that the three-year statute of limitations had expired. Thus, the defendant moved to dismiss the claim based on the statute of limitations. A motion hearing was scheduled, but the plaintiff failed to appear at the hearing, despite having been properly informed of the hearing according to court rules. As a result, the case was dismissed.

Soon afterward, the plaintiff argued that the dismissal should be vacated because his attorney did not receive notice of the hearing. The court denied the motion to vacate the dismissal, and the plaintiff appealed. That state’s supreme court held that there were no extenuating circumstances that excused the plaintiff’s failure to attend the hearing, and the dismissal was upheld.

Illinois Court Rules and Consequences

When litigating a medical malpractice or personal injury case in Illinois, all parties and attorneys are required to comply with the Illinois Court Rules. Illinois Supreme Court Rule 219 details the consequences for refusing to comply with the rules or a judge’s order.

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