Illinois Injury and Mass Tort Lawyer Blog

Published on: May 9, 2016

Uber and Lyft Drivers May Not Be Fully Covered by Insurance

Drivers for companies such as Uber and Lyft do not have to be professional drivers. They can be any person with a car and a smartphone. And while drivers may have their own personal insurance, it often does not cover business activities.

In general, drivers’ personal car insurance policies do not provide coverage when drivers are using their cars as transportation for companies like Uber and Lyft. And the companies’ insurance often does not cover them in all of their business-related activities—leaving them and other drivers at risk if they are involved in an accident.

For example, if a driver gets in an accident on the way to pick up a passenger, the company’s insurance may not cover the accident because no passenger was in the car at the time. This means that once the driver submits the claim to his or her insurance company, the insurance company could deny the claim because the driver was conducting business activity. The ride-share company may also deny coverage because no passengers were in the car at the time of the accident. This could mean that the driver is responsible for paying for his or her own damages and injuries, as well as those of the other driver. If the driver is unable to pay, injured parties may have no recourse.

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Published on: May 8, 2016

FDA Warns About Danger to Humans From Salmonella Contaminated Dog Food

By Moll Law Group

Some people may think that safety issues associated with pet food are geared solely toward ensuring their animals’ health. The federal government recently shed light on the issue, informing a pet food company that the presence of salmonella in its products could harm more than the animals who consume it.

Pet food manufacturing company Answers Pet Food, owned and operated by Lystn LLC, received a warning letter from the U.S. Food and Drug Administration indicating that its products tested positive for Salmonella. The tests involved the company’s Detailed Answers Chicken Formula dog food product.

Salmonella is a type of bacteria that can be found in raw food products like beef, milk, poultry, eggs, and fresh produce. Individuals who consume Salmonella or otherwise come into contact with the bacteria can experience severe illnesses, including vomiting, diarrhea, cramping, fever, and even death. The elderly, children, and those with compromised immune systems are most susceptible to the bacteria, often requiring hospitalization to resolve the resulting symptoms.

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Published on: May 7, 2016

Intuitive Surgical Settles Da Vinci Robot Case on Third Day of Jury Deliberations

By Moll Law Group

Earlier this month, we reported about a lawsuit in which the plaintiff alleged that she suffered severe injuries after a Da Vinci surgical robot device malfunctioned during a procedure. Now, the developer and manufacturer of the Da Vinci robotic surgery device, Intuitive Surgical, has entered into a settlement with the plaintiff following the close of a two-week trial. The settlement came on the third day of the jury’s deliberations over whether to award the woman compensation for damages to her bowel region that occurred during a routine hysterectomy procedure. The exact terms of the compromise, including the amount of compensation, are unknown at this time.

The plaintiff alleged that she suffered injuries when the scissor component of the Da Vinci robot malfunctioned during surgery due to improper insulation, cutting her internal organs and bowel region. Multiple follow-up procedures were required to address the injuries. According to her treating physicians, the plaintiff experienced permanent injuries and damages. In response, Intuitive Surgical argued that the woman was contributorily negligent because she engaged in sexual activity too soon after the hysterectomy procedure, failing to heed the doctors’ warning to wait the recommended six-to-eight weeks. It also alleged that part of her damages were the result of physical abuse she suffered by her husband. According to her complaint, the plaintiff sought $300 million in damages. During trial, however, the plaintiff sought $30 million.

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Published on: May 6, 2016

Multi-State Listeria Outbreak Linked to Frozen Vegetables Results in Hospitalizations and Fatalities

By Moll Law Group

A multi-state outbreak of listeria linked to frozen vegetables has led to many illnesses and even fatalities, spurring officials at the Centers for Disease Control and state public health leaders to conduct an investigation. The U.S. Food and Drug Administration has also gotten involved. Reports indicate that eight individuals have been infected with Listeria across three states: Washington, California, and Maryland. The individuals who lost their lives as a result of the contamination resided in Maryland and Washington.

The frozen vegetables likely responsible for the outbreak have been traced back to CRF Frozen Foods, based in Pasco, Washington. The vegetables are sold under a variety of brand names. The company initiated the first recall on April 23, 2016, covering 11 types of frozen vegetable products. Then, on May 2, 2016, the recall was expanded to encompass all of the organic and regular frozen fruit and vegetable products that it processed at the Pasco facility from May 1, 2014, onward. This expanded recall covered over 350 products that are marketed under more than 40 different brand names and sold in the U.S. and Canada.

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Published on: May 5, 2016

Train Accidents More Common Than You Think, Especially in Illinois

By Moll Law Group

Train accidents are not as common as car accidents. But when they do occur, the damage is often very serious. And even while new safety measures continue to be put in place, train fatalities have actually increased overall from 2013 to 2016, and Illinois’ accident rate has often been at the top of the list.

According to the Federal Railroad Administration Office of Safety Analysis, 64 people were killed in train accidents in 2015. And so far, already 53 people have been killed in 2016, and another 562 people have been injured. There was a 17 percent increase in train accident and incident fatalities from 2013 to 2016—and only based on the numbers for this year so far. Amtrak, a large private train company, has recorded six fatalities in Amtrak incidents so far in 2016.

In Illinois, already 49 people have been injured in train accidents this year, and three have been killed. There were 22 train accidents in Illinois in 2015, the highest of any state that year. There were 23 the previous year, which was again the highest in the nation. Train accidents often give rise to negligence claims. Even if the victim was partly responsible for causing the crash, he or she still may be able to receive damages, based on the degree of fault assigned to each of the parties.

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Published on: May 4, 2016

WHO Report Concludes Glyphosate, Roundup Potentially Carcinogenic to Humans

By Moll Law Group

The World Health Organization (WHO) published a final report in March 2015 indicating that the commonly used herbicide glyphosate, packaged and marketed under the retail label Roundup, is a probable human carcinogen. The International Agency for Research on Cancer (IARC), which performed the assessment, based its conclusion on opinions from 17 different experts hailing from 11 countries. The group met in Lyon, France to discuss the chemical’s potential dangers, in addition to five other organophosphate-based pesticides.

In its report, IARC also noted that the product garnered roughly $6 billion in annual sales. The chemical was first developed and marketed by major agricultural chemical maker Monsanto in the 1970s.

Today, roughly 80 percent of all genetically modified crops are engineered to be resistant to glyphosate, allowing producers to spray a hearty dose of the herbicide on the crops to kill other weeds that may affect crop health and yields. Some sources suggest that between 1996 and 2011, the planting of Roundup Ready crops increased, correlating to the use of roughly 527 million pounds of herbicides in the U.S. The product is also commonly used in private lawn maintenance and home gardening.

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Published on: May 3, 2016

Football Players at Risk for Traumatic Brain Injury

By Moll Law Group

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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