Illinois Injury and Mass Tort Lawyer Blog

Published on: May 3, 2016

Football Players at Risk for Traumatic Brain Injury

Football can be a dangerous sport, even for players who do not sustain serious injuries on the field. Recently, more research has come to light on the link between football and Chronic Traumatic Encephalopathy (CTE). CTE is a disease resulting from repeated injuries to the head—an experience common among football players.

Lawsuits against Football Leagues

A number of lawsuits have been brought against football leagues by former and current players. In general, the lawsuits concentrate on the allegation that the league was aware of the risks caused by head injuries and that the league hid the dangers or did not fully disclose them to players. The lawsuits also argue that the NFL failed to properly supervise, regulate, and monitor activities to minimize the risk of injury to players. Some players have also argued that the league pushed injured players back into the game.

Some players allege that they have suffered from numerous health issues as a result, including dementia, depression, and Alzheimer’s. Families have even brought claims on behalf of players who have committed suicide.

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Published on: May 2, 2016

Costco Offers Free Vaccines After Frozen Berries Linked to Second Hepatitis A Outbreak

By Moll Law Group

In 2013, wholesale retailer Costco faced serious liability after packages of frozen berries sold at its locations were found to contain hepatitis A. The outbreak had sweeping implications, with a class action lawsuit indicating that up to 25,000 consumers may have been exposed to the dangerous virus. The berries were manufactured by Townsend Farms and labeled as an Organic Anti-Oxidant Blend. Soon after a product recall was initiated, Costco issued a warning advising individuals who may have consumed affected bags of the product to obtain a hepatitis A vaccine shot. The company stated that it would provide the shots free of charge to affected individuals.

Costco is facing another wave of liability after reports surfaced recently that the same frozen berries have led to an outbreak of hepatitis A in Canada. The retailer is again offering vaccinations to affected consumers. The frozen berries were manufactured by Nature’s Touch and sold exclusively at Costco stores in New Brunswick, Nova Scotia, Quebec, Ontario, Labrador, and Newfoundland. So far, at least 13 different cases of hepatitis A have been traced back to the contaminated berries. The Canadian Food Inspection Agency has instituted a recall for the products, which likely sickened individuals between February 2016 and March 2016, resulting in at least three hospitalizations.

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Published on: April 30, 2016

Evidence of Lack of Insurance Determined Irrelevant in Car Accident Claim

By Moll Law Group

If a case proceeds to trial, generally the parties leave the issues to the jury to decide. However, the judge still has to make decisions throughout the trial, including ones involving the admissibility of evidence. Sometimes, these decisions can have a huge effect on a trial—and sometimes, if a judge makes a decision later found to be incorrect, there may need to be a new trial altogether.

In a recent case, a man was injured after he was hit by a dump truck driver hired by an asphalt company. The plaintiff sued the asphalt company for negligence and negligent hiring. At trial, the company tried to exclude evidence that at the time of the accident, the truck driver had a suspended license, and the truck was uninsured. The judge allowed the evidence about the truck being uninsured to be admitted at the trial. At the conclusion of the trial, the jury found in favor of the plaintiff.

The defendant appealed, arguing that the judge should not have allowed the evidence about the lack of insurance. The court of appeals agreed, finding that the court should not have admitted the evidence and that this information was prejudicial. The court found that in a claim about negligent hiring and general negligence, evidence of lack of insurance coverage was irrelevant and should not have been admitted.

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Published on: April 29, 2016

Cannabis Products Raise Health and Safety Concerns for Consumers

By Moll Law Group

Cannabis is still a controversial topic in the United States. Although some states have deregulated marijuana and even allowed for recreational use, others have maintained criminal liability and punishments for the possession and distribution of marijuana. As the legal and regulatory landscape for cannabis continues to change, certain companies specializing in cannabis-based products are cropping up in states that allow medical or recreational consumption. Since this is such a new frontier, however, there are few safety measures in place to ensure that patients and patrons who purchase these products aren’t receiving a potentially dangerous product.

The federal government recently reaffirmed its long-standing position that federal prosecutors should not focus their resources on prosecuting cannabis-related crimes. In 2009, the Department of Justice issued a memo instructing federal prosecutors to forgo investigating criminal activity involving cannabis if the suspect’s conduct clearly conformed with the state’s medical marijuana laws. Five years later, Congress enacted an amendment that barred the Department of Justice from allocating federal funds to programs that would prevent states from passing legislation allowing medical marijuana.

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Published on: April 28, 2016

People Injured at Work May Be Able to Sue a Third Party

By Moll Law Group

If you are injured at work in Illinois, workers’ compensation will normally cover your medical bills and some lost wages. Workers’ compensation laws allow workers who are injured on the job to recover compensation without having to file a lawsuit. However, this system also requires employees to give up their right to sue their employers for negligence.

Workers’ Compensation in Illinois

Workers’ compensation is intended to protect workers who are injured or killed in the workplace. The Illinois Workers’ Compensation Act was passed in 1911. Employees gave up their general rights to sue their employers, but they were able to recover compensation for injuries more quickly. In general, the Act is the only way for employees to recover for job-related injuries. However, there are certain exceptions to that rule. For example, an employee may be able to sue an employer as a result of intentional conduct. In addition, a negligent third party may also be held liable for injuries.

Suing a Third Party for Negligence

Someone injured at work may be able to bring suit against a third party if the party’s negligence contributed to causing the injury. A third party is another person or organization—not your employer or a co-worker—that is partly responsible for causing the injury. Some examples of third-party claims are suing a manufacturer for a defective product, suing another person or organization working at the same site, suing a manufacturer for a toxic substance, suing the driver of another car, or suing the owner of the land where you are working.

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Published on: April 27, 2016

Prilosec and Nexium Associated with Increased Risk of Chronic Kidney Disease

By Moll Law Group

Pharmaceutical companies have made some incredible breakthroughs when it comes to developing drugs that can help people cope with a variety of conditions. In some cases, these drugs can provide a life-changing solution for people who suffer from painful and debilitating conditions. For all their benefits, however, pharmaceuticals can pose serious and life-threatening dangers to patients. Two of the most recent drugs to come under scrutiny for posing an unreasonable risk to patients are Prilosec and Nexium. Both drugs are manufactured by AstraZeneca and fall within the pharmaceutical category of proton pump inhibitors. This type of medication is commonly prescribed to treat gastroesophageal reflux disease (GERD) and peptic ulcer disease (PUD). First approved in 1988 under the brand name Losec, Prilosec is a first-generation proton pump inhibitor. Nexium is a second-generation version of the drug that was marketed as an improved version of Prilosec.

According to a recent study in the Journal of the American Medical Association (JAMA), proton pump inhibitors are associated with an increased risk of chronic kidney disease. The risk of developing this condition increases when the patient takes the drug over a prolonged period of time. Cases involving kidney-related conditions have already surfaced in patients who have taken Nexium and Prilosec. A man in Tennessee, for example, has been diagnosed as having interstitial nephritis, renal failure, and a heart attack after taking Prilosec and Nexium pursuant to a physician’s prescription.

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Published on: April 26, 2016

The First Question in a Medical Injury Claim: Do the Allegations Fall Under Medical Malpractice?

By Moll Law Group

Medical malpractice claims often require additional evidence, including expert testimony, affidavits, and special administrative procedures. For this reason, the first issue in any case alleging the negligence of a medical provider may be whether or not the allegations fall under medical malpractice in the first place.

In a recent case, a plaintiff filed a claim based on a hospital’s alleged failure to properly maintain equipment used to sterilize surgical instruments. The plaintiff alleged that he had developed an infection after having spine surgery at the hospital, and that the infection was the result of improperly sterilized instruments. However, that state’s supreme court had to decide whether the claims actually fell under the state’s medical malpractice act, considering the definition of malpractice. The hospital argued that the plaintiff’s claim fell under the definition of malpractice in the act.

The court decided that the hospital’s failure to properly maintain its equipment fell under the definition of medical malpractice. In addition, since the act used the term “health care provider” rather than “physician,” it included treatment related to the hospital’s capacity as a health care provider, rather than just treatment provided by a doctor there.

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Published on: April 25, 2016

Johnson & Johnson May Have to Pay More For TVM Settlements

By Moll Law Group

Johnson & Johnson and its subsidiary Ethicon may be slapped with higher than anticipated costs for the settlement of the nearly 50,000 product liability claims brought regarding the company’s transvaginal mesh device. Last year, Johnson & Johnson agreed to enter a $5 million settlement with a plaintiff who sued Johnson & Johnson for injuries she sustained after being implanted with an Ethicon transvaginal mesh device. The news about the settlement broke in November 2015 when the attorney representing the plaintiff filed a motion seeking approval of his attorney fees, reports Bloomberg news.

In January 2016, Johnson & Johnson agreed to a $120 million settlement to resolve the first two to three thousand transvaginal mesh lawsuits filed against it. With news of the $5 million settlement, however, the settlement of these claims could cost the health care company to shell out more dough to settle additional claims.

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Published on: April 25, 2016

Four-Year-Old Cannot Be Negligent, Court Says

By Moll Law Group

People of all ages can cause accidents—even children. But in cases in which the parents did nothing wrong, when can a child be held liable for his or her actions? One state’s supreme court addressed this issue in a recent case.

While a woman was babysitting a four-year-old, the boy threw a rubber dolphin toy at her, hitting her in the eye. Since the woman had previous eye injuries, the woman lost her sight in that eye as a result of the incident. The woman brought suit against the boy’s parents for negligent supervision, which was quickly denied. In addition, the woman sued the boy individually for his own negligence.

That state’s supreme court held that the four-year-old could not be held liable for negligence. The court decided that children under the age of five30 could never be held liable for negligence. The court reasoned that children under five years old have a limited ability to appreciate how their actions could result in harm and that they have a limited ability to control impulses. Accordingly, the court stated that there was very little possibility that a child under five years old would be deserving of moral criticism or capable of being deterred by the law. In addition, requiring a child to testify about his or her ability to understand consequences and impulse control is especially difficult when a trial would likely occur years after the actual incident.

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Published on: April 23, 2016

Government’s Inability to Pay Settlements During Budget Stalemate Example of Obstacles When Suing a Government

By Moll Law Group

Federal, state, and local governments control much of our everyday life these days, and they have a vast number of employees. Bringing suit against the government can be very tricky. There are often issues of governmental immunity. Sometimes there are issues about when you will be able to receive the compensation you deserve.

Governmental Immunity

Governmental immunity grants many federal, state, and local governments immunity from tort claims in some cases. This means that generally lawsuits cannot be brought against federal, state, or local governments or their employees. However, there are many exceptions. For example, some claims in Illinois cannot be heard in circuit courts but can be brought in a special Court of Claims. Another example is that some statutes provide exceptions—such as U.S.C. Section 1983, which allows plaintiffs to bring claims who were deprived of their constitutional rights by an official’s abuse of his or her position. Also, while Illinois’s Tort Immunity Act generally protects local governments, a local government or employee may be liable for willful and wanton conduct or for quasi-intentional conduct. A government entity can also waive the immunity. For example, a state legislature may be able to waive immunity, making government entities liable. An entity can also waive immunity by contract.

Even if an exception applies or immunity is waived, an attorney’s assistance is essential to get the compensation you deserve. The government may offer too little in a settlement—or there could even be a delay in getting your compensation because the budget is in deadlock.

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