Illinois Injury and Mass Tort Lawyer Blog

Published on: March 28, 2016

Surgical Errors Can Cause Devastating Consequences for Patients

Every patient understands that all surgeries carry some level of risk. The nature and extent of those risks depend on the facts surrounding the individual’s circumstances and the surgery being performed. But even though some risks are understood, issues can arise and surgeons can make mistakes—and the patients may suffer devastating consequences as a consequence of them. Sometimes, the injuries that result can give rise to a medical malpractice claim, even if the plaintiff consented to the procedure.

Medical malpractice claims are brought when the care provided by a medical provider does not meet the applicable standard of care in the medical community, and causes the patient injuries. A plaintiff must demonstrate that the medical provider owed him a duty of care, that the care provided fell below the standard of care, and that the plaintiff suffered damages.

Consenting to Medical Care

In many cases, when a patient undergoes surgery, they have already explicitly consented to the surgery. In fact, a patient’s express or implied consent is generally required for all procedures performed by health care professionals. However, in order to be valid, a patient’s consent must be informed—which means being fully aware of the risks and alternatives.

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Published on: March 26, 2016

Texas Jury Awards $500 Million Verdict in Johnson & Johnson DePuy Hip Implant Case

By Moll Law Group

After a two-month trial and a one-week period of jury deliberations, the jury in a case against medical device and home consumer goods company Johnson & Johnson has returned a $500 million verdict in the plaintiffs’ favor. Johnson & Johnson manufactured and marketed the DePuy hip implant product, consisting of a metal-on-metal device.

There are over 8,000 additional lawsuits pending against Johnson & Johnson regarding the DePuy hip implant device. The lawsuits have been consolidated in a Multi-District Litigation proceeding. This mechanism is similar to a class action in that it seeks to streamline the judicial process, but differs because each claimant receives an independent assessment of his or her particular claim.

Shortly after hitting the market, patients who received the DePuy device reported experiencing severe problems, including a tendency of the device to fail much more quickly than the company stated it would. The manufacturer advertised the hip implant device as being safe, durable, long-lasting, ideally suited for young patients, and ideal for individuals who lead an active lifestyle.

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Published on: March 25, 2016

Jury Award of Zero Dollars to Plaintiff Upheld on Appeal

By Moll Law Group

Juries decide cases with respect to the liability of the parties and in regard to the damages owed. In a recent case, a jury found that a defendant was liable—yet it also found that the plaintiff should be awarded nothing.

After a woman was injured in a car accident, she and her husband sued her insurance company to recover damages for her injuries under the underinsured motorist provision of their policy. Prior to trial, the defendant admitted that the driver of the car that hit the plaintiff was negligent. However, the case proceeded to trial on the issue of causation and damages. At trial, the woman admitted that all of her medical bills had been paid. Accordingly, the plaintiffs were only seeking damages for pain and suffering.

The jury was required to determine the amount of damages the plaintiffs should be awarded. When the jury returned a verdict in her favor, but with an award of no damages, the plaintiffs filed a motion for a new trial. The motion was denied, and the plaintiffs appealed the decision. On appeal, the plaintiffs argued that a jury verdict for the plaintiff must necessarily include an award of damages.

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Published on: March 24, 2016

Unpasteurized Yogurt Recalled Due to Pathogens as Lawmakers Consider Regulation of Raw Dairy

By Moll Law Group

The issue of whether raw milk production should be allowed in the United States has become popular in recent years. Certain consumer groups prefer raw milk products, citing studies that suggest pasteurization poses certain dangers. Individuals who oppose the consumption of raw milk state that the pathogens it can carry are incredibly dangerous and even life-threatening in some instances. Raw milk can contain a wide variety of bacteria and viruses, including E. Coli, Salmonella, and Listeria.

This month, CNBC reported that a group of lawmakers who successfully passed a bill relaxing restrictions on raw milk sale and consumption in West Virginia became ill shortly after consuming raw milk in celebration of the bill’s passage. The legislation allows individuals who purchase a share in a milk-producing animal to consume the raw milk produced from that animal. The bill prohibits individuals from selling and distributing that milk to others. These agreements are often referred to as “herd shares” or “cow shares.” A number of states have similar laws facilitating these limited arrangements and allowing raw milk consumption in certain circumstances.

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Published on: March 23, 2016

Heavy-Haul Transport Drivers Must Take Precautions to Protect Other Drivers

By Moll Law Group

Transporting heavy equipment from one location to another can be a dangerous job. Drivers have to make sure to secure the right equipment, take proper routes, obtain permits and escorts, and follow regulations. Drivers and their employers also have to be concerned not only about their own safety but the safety of everyone else on the road.

In a recent case, a widow filed a wrongful death action after her husband was killed by a driver transporting heavy equipment across a bridge. The woman’s husband was killed when a driver was transporting an oversized log skidder, a heavy vehicle used in logging. The driver left Atlas, Illinois to deliver the log skidder to Eolia, Missouri. In order to reach Eolia, the driver took the Champ Clark Bridge, which connects Missouri and Illinois. The bridge is 20 feet wide and has two lanes. The log skidder was ten feet wide, so the driver had to take up part of both lanes on the bridge.

The driver transporting the load planned to send a lookout driver ahead in order to block the eastbound lane of the bridge. The lookout went ahead and the transport driver called to make sure that the bridge was cleared. After being assured that the bridge was clear, the transport driver continued onto the bridge with the log skidder. As he was driving across the bridge, he saw a car coming over the bridge in the opposite lane. He tried to move over but he hit the bridge and struck the oncoming car, killing its driver. Although the lookout believed he had blocked traffic, he had not effectively blocked all oncoming cars.

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Published on: March 22, 2016

Ford Motor Company Recalls Roughly 400,000 Vehicles Following Airbag-Related Fatality

By Moll Law Group

CBS news recently issued a news story stating that major car manufacturer Ford Motor Company has initiated a recall of roughly 391,000 of its Ford Ranger truck vehicles after a man riding in one of the vehicles died when one of the truck’s airbags exploded. The recall covers Ranger trucks manufactured between the years of 2004 and 2006.

According to authorities familiar with the accident, the decedent was driving his Ford Ranger pickup when he collided with a cow that had found its way onto the road. After making contact with the cow, the man lost control of the vehicle and collided into a fence. It is unclear whether the airbag deployed when the truck collided with the cow or when the truck collided with the fence. Reports prepared about the incident indicate that the man died as a result of metal shrapnel impaling his neck and that the shrapnel was created when the activator in the airbag exploded instead of inflating the device. The investigation also suggested that but for the defective airbag device the collision would have been moderate and unlikely to have resulted in the driver’s death.

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Published on: March 21, 2016

Football Leagues May Be Held Liable for Players’ Head Injuries

By Moll Law Group

The National Football League (NFL) has recently faced a number of lawsuits based on players’ head injuries. Recently, other leagues have also begun seeing an upswell of lawsuits, mostly based on the league’s failure to warn its players of the potential risks of participation in the league. According to a recent news source, one youth football league recently settled a case in similar circumstances. The lawsuit was brought in a Wisconsin court by the mother of a man who had committed suicide subsequent to injuries he sustained after playing football. The mother alleged that her son’s suicide was the result of numerous head injuries he suffered as a child playing in a youth football league.

The mother alleged that her son, who was 25-years-old when he committed suicide, suffered brain damage after participating in the youth league for four years. He began participating in sports when he was 11. After the son’s death, an autopsy showed that he suffered from Chronic Traumatic Encephalopathy (CTE). The lawsuit alleges that the disease caused severe emotional, behavioral, cognitive, and physical problems, and that it was a substantial factor in contributing to his suicide. The son had experienced numerous concussions while playing football, some of which occurred while he played for the youth league.

The suit alleges that the football league was aware that the risks to young children were greater than to older players, but failed to warn players of these risks. The lawsuit points out that the sport is more dangerous for children who play with football helmets because the helmet weight is very heavy for children’s necks and bodies. It states that the organization failed to warn children and parents of the risk of permanent brain damage. The complaint sought $5 million in damages, and a settlement was reached for an undisclosed amount.

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Published on: March 19, 2016

Taxotere Cancer Drug Linked to Permanent Baldness

By Moll Law Group

Cancer is one of the worst medical conditions that a person can suffer. No matter what kind of cancer you have or the stage at which you are diagnosed, the treatment can be painful, lengthy, and difficult for the patient and his or her family. Modern medicine has developed a considerable number of drugs, therapies, and treatments designed to combat cancer and to help soften the blow of symptoms associated with intensive therapies like chemotherapy.

Recently, a well-known cancer drug called Taxotere, primarily used to treat breast cancer, has been linked to permanent hair loss in patients who take the drug as a cancer treatment. A number of lawsuits have already been filed against the drug’s manufacturer, Sanofi-Aventis, alleging that the company failed to provide an adequate warning about the potential for suffering permanent hair loss as a result of taking Taxotere.

When it was first released into the market, Taxotere’s label stated that patients’ “hair generally grows back” following completion of the treatment cycle. According to the manufacturer’s own studies, however, roughly three percent of all patients reported experiencing recurring or permanent hair loss. Since it was first approved, the drug has been approved for use in other types of cancer treatment, including gastric cancer, head and neck cancer, non-small cell lung cancer, and prostate cancer.

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Published on: March 17, 2016

Products Liability Cases in Illinois

By Moll Law Group

There are a number of theories of recovery for individuals injured by defective products, and many lawsuits reference more than just one theory of recovery. In Illinois, claims arising from defective products often allege, among other potential avenues, a violation of an express warranty, a violation of an implied warranty, negligence, and strict liability.

Strict liability claims in Illinois do not require that the plaintiff prove that a defendant acted negligently. They focus on the condition of the product instead. Generally, under a strict liability theory under Illinois law, a plaintiff is required to establish that (1) the product contained a defective condition; (2) the condition made the product unreasonably dangerous; (3) the condition existed when the product left the control of the defendant; (4) the plaintiff suffered an injury; and (5) the injury was proximately caused by the product’s condition.

The decision of which claim or claims to bring depends on the facts of each case. These considerations may include the warnings the sellers provided, the relationship between the injured party and the manufacturer or retailer, the location of the defendants, and the statute of limitations. There is also a question of which companies to sue. It may make sense to sue the manufacturer directly or to sue a retailer. There are a number of factors to consider. For example, many products are made in China by a number of different manufacturers. Suing manufacturers in other countries can be complicated, and understanding whom to sue and how to do so is essential to a successful case.

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Published on: March 16, 2016

Jury Awards Ohio Plaintiffs $72 Million in Talcum Powder Product Liability Lawsuit

By Moll Law Group

Johnson & Johnson, a global manufacturer of household products, was recently ordered to pay a $72 million judgment to the family of a woman who died from ovarian cancer. The decedent’s illness was linked to her use of Johnson & Johnson’s Shower to Shower and Baby Powder products over a number of decades.

The jury’s verdict included $10 million in compensatory damages and a whopping $62 million in punitive damages, which is a special type of damages designed to punish a defendant for reckless, wanton, or willful conduct while also serving as a deterrent to other companies and actors.

The lawsuit alleged that the company failed to provide warnings about the potential risk of developing cancer associated with its talcum powder products in order to increase product sales and profits. According to evidence offered at trial, Johnson & Johnson knew that its talcum powder products posed the risk of cancer as early as the 1980s, but it failed to disclose this information to the general public or regulatory officials.

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