Illinois Injury and Mass Tort Lawyer Blog

Published on: November 18, 2015

Federal District Court Denies in Part and Grants in Part Admissibility of Defendant’s Evidence on Punitive Damages

When a lawsuit involving a defective product or pharmaceutical involves punitive damages allegations, many defendants will attempt to offer evidence to mitigate any potential award of punitive damages against them. In litigation against Wright Medical Technology and Wright Medical Group involving its allegedly defective hip implant devices, the defendants have offered evidence designed to persuade the jury members that punitive damages awards are not necessary.

According to a recent decision from a federal district court in Atlanta, however, the court granted the plaintiff’s motion in limine seeking to exclude the defendants’ evidence. The excluded evidence consisted of testimony regarding the availability of implant devices and the financial cost of these devices, in addition to evidence about the impact that a large punitive damages award would have on the defendants’ likelihood of successfully competing in the market. It also indicated that layoffs may result if a large punitive damages award was levied against them.

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Published on: November 17, 2015

One Person Killed, Eight Injured In Accident on Interstate 57

By Moll Law Group

A 43-year-old man from Willowbrook was killed when a van he was riding in flipped over and landed in a pond east of Interstate 57, near Tolono. His wife, also from Willowbrook, was driving the van when the accident occurred. Eight other passengers in the van were injured during the accident, including the driver. Only one of the other eight passengers was injured critically. The rest sustained non-life-threatening injuries.

According to a local news report, the van was traveling north on Interstate 57 when the driver lost control. The van then veered off the interstate before rolling over several times and coming to rest upside down in the pond. Police indicated that all of the van’s passengers were wearing seat belts at the time of the accident.

Firefighters from Tolono, Savoy, and Pesotum all provided assistance at the site of the accident, as did divers from the Cornbelt Fire Protection District in Mahomet. No firefighters or divers were injured in their rescue efforts.

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Published on: November 16, 2015

Local Illinois Nursing Home Sued Over Death of Former Resident

By Moll Law Group

According to news reports, a lawsuit has been filed against a nursing home in Joliet relating to the death of a woman who resided at the nursing home in 2013. The lawsuit was filed by the administrator of the deceased’s estate. When a person dies, an administrator is charged with determining the assets of the deceased and distributing those assets in accordance with his or her wishes. The lawsuit was filed in Cook County Circuit Court.

< The lawsuit alleges that the nursing home did not follow medical orders relating to the woman’s care, and this failure was a cause of her death. According to the lawsuit, the woman’s treating doctor ordered that she be turned every two hours while at the nursing home to avoid bed sores. The doctor also ordered that a specific cream be used for the same purpose. However, the lawsuit states that there are no notes from the nursing home indicating that the deceased was ever turned or that the cream was used on her skin. Records from the nursing home indicate that the woman had two open sores on her skin, but there is no indication in the records that the sores were ever treated while she was a resident at the nursing home. Continue reading →

Published on: November 14, 2015

Medical Device Manufacturer Recalls Hip Replacement Part

By Moll Law Group

A Tennessee-based medical device company has issued a recall for a prosthetic part used in hip joint replacement surgeries. According to one news source, the recall is a Class I recall. Class I recalls are issued when there is a reasonable probability that continued use of the device will cause serious health problems or even death.

The part is one of three prosthetic parts used in a total hip replacement surgery. According to the U.S. Food and Drug Administration, the part has been fracturing more than anticipated after surgical implantation. If a fracture occurs, patients may suffer from an array of symptoms, including pain, instability, and trouble walking. Fractures may also require emergency surgery to replace and repair the broken part. This is called revision surgery, which is often more complex and risky than original hip replacement surgery.

As a result of the recall, the company has informed product distributors, hospital personnel, and surgeons to cease selling and using the recalled part. The company has also recommended that patients immediately contact their doctor if they experience sudden pain, instability, difficulty walking, tingling, or a loss of feeling in the surgical leg. For patients not experiencing any of these symptoms, the company does not recommend following up with a medical professional at this time.

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Published on: November 13, 2015

Transvaginal Mesh Lawsuit Update

By Moll Law Group

Although every injury involving a medical device is stressful and devastating, many women have experienced deeply personal emotional and physical pain as the result of defective transvaginal mesh products. Injuries arising from these products can lead to severe and long-lasting complications, often requiring a series of surgeries or procedures to address the internal damage.

In a September 2014 West Virginia case involving Johnson & Johnson’s Ethicon vaginal mesh product, the jury awarded $3.27 million to the plaintiff. In the lawsuit, the plaintiff alleged that the company failed to adequately warn her about the dangers and permanent injuries that can arise from use of the mesh. One year earlier, the company faced an $11 million jury verdict in a New Jersey-based trial over Ethicon.

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Published on: November 12, 2015

NHTSA Fines Defective Airbag Manufacturer Takata $200 Million

By Moll Law Group

The National Highway and Traffic Safety Administration (“NHTSA”) has released a statement indicating that it has fined Japanese airbag manufacturer Takata $200 million for mishandling the recall of its airbag inflators, which have been linked to at least seven deaths of Americans. On May 19, 2015, the United States Department of Transportation (“DOT”) issued a statement indicating that Takata had identified a number of defects in some of its airbag inflators. According to reports, the affected inflators were constructed with a propellant that is subject to degrading over time, leading to ruptures that can cause serious injury or even death.

On June 5, 2015, the NHTSA initiated a formal administrative proceeding against Takata, referred to as the Coordinated Remedy Program Proceeding. The purpose of this action was to determine whether the NHTSA should implement an accelerated remedy approach to addressing the millions of defective Takata airbag products contained in American vehicles. The NHTSA has the authority to require vehicle manufacturers to accelerate repairs on recalled vehicles pursuant to the TREAD Act, passed in 2000. The acceleration can only be ordered when the agency determines that there will be a risk of serious injury or death if the remedy process is not accelerated.

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Published on: November 9, 2015

California Court Dismisses Class Action Alleging Use of Term “Handcrafted” Was Misleading

By Moll Law Group

Earlier this month, a California federal court dismissed a class action lawsuit seeking to recover damages from the makers of Jim Bean, claiming that the company violated state consumer protection laws by labeling some of its whiskey and bourbon products as “handcrafted.” Dating back to the 1820s, bourbon is a type of whiskey. The term bourbon reached pervasive usage during the 1870s. Today, the Kentucky Distillers’ Association reports that roughly 95 percent of the world’s supply of bourbon is produced in Kentucky.

In Welk v. Beam Suntory Import Co., the plaintiffs’ complaint asserted claims under California’s consumer protection laws, including the False Advertising Law (FAL) and the Unfair Competition Law (UCL). In response to the complaint, the defendant filed a motion to dismiss, claiming that under the state’s safe harbor doctrine, the company is insulated from state law claims due to its compliance with federal labeling laws. The company also alleged that the plaintiffs failed to state a claim because the plaintiffs did not allege any facts showing that a reasonable consumer would find the label misleading. Also, the defendant contended that the economic loss doctrine prevented the plaintiffs from pursuing the claim for negligent misrepresentation.

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Published on: November 7, 2015

Medical Device Likely Contributed to Surgery-Related Deaths

By Moll Law Group

According to news reports, eight patients who underwent heart bypass surgery at a Pennsylvania hospital most likely suffered bacterial infections because of a contaminated medical device used during the surgeries. The device is a heater-cooler unit used to control a patient’s blood pressure during open-heart surgery. Of the eight patients who were likely infected by the device, four died.

After a joint investigation with the Federal Centers for Disease Control and Prevention, the hospital announced that the infections were probably the result of the contamination of tap water used in the device. According to the hospital, the devices were not being cleaned in full compliance with the manufacturer’s guidelines. To prevent further bacterial contamination, the manufacturer now recommends that the devices be filled with filtered water and hydrogen peroxide and cleaned with bleach.

Patients undergoing bypass surgeries are more susceptible to infection. According to the U.S. Food and Drug Administration, there have been 32 reports around the world of infection or contamination relating to the medical devices. Even so, the total number of infections resulting from the device is not exactly known, since symptoms do not always surface immediately after surgery.

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Published on: November 6, 2015

Colorado Court Considers First Cannabis Product Liability Lawsuit

By Moll Law Group

While a number of states are moving to legalize the use of cannabis, manufacturers of products containing marijuana may not be entirely clear when it comes to understanding how product liability rules will apply to them. In the recent case of Flores v. LivWell, Inc., two marijuana consumers sued the defendant, claiming that a fungicide known as Eagle 20, a petroleum-based product, was used during the marijuana growing process. The plaintiffs sought to certify a class action against the Colorado-based defendant, one of the largest producers of cannabis in the state.

The plaintiffs alleged specifically that the company used Eagle 20 without adequately warning consumers of the potential side effects and dangers associated with the insecticide. According to their complaint, however, neither of the two plaintiffs alleged that they became ill or experienced any of the potential side effects after ingesting cannabis products they purchased from the defendant.

Eagle 20 is a controversial substance, especially when it comes to cannabis cultivation. The product is used to kill pests and mites that destroy crops. One of the main ingredients in the product is Myclobutanil, which breaks down into hydrogen cyanide–a poison–when subjected to heat. The product is permitted for use in vegetation that will not ultimately be inhaled. As a result, the Colorado Department of Agriculture has banned the use of Eagle 20 for tobacco crops because the end use for tobacco and similar plants is inhalation.

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Published on: November 5, 2015

Cryotherapy Salon Employee Found Dead in Cryochamber

By Moll Law Group

A 24-year-old woman was found dead inside a cryochamber at a cryotherapy salon where she worked in Nevada. According to one local news article, the woman is believed to have suffocated inside one of the ice chambers at the salon.

In whole-body cryotherapy, a customer stands in a cylindrical or sauna-like chamber chilled to extreme sub-zero temperatures, often between minus 200 and minus 250 degrees Fahrenheit. The duration of time a person remains in the chamber varies, but it is generally very short — between two and three minutes. Users of cryotherapy tout its supposed healing properties, but at the present time it is unclear if the therapy is any more effective at reducing inflammation and accelerating muscle recovery than cold-water baths or traditional ice packs.

Authorities believe that the salon manager was stuck in the cryochamber for at least 10 hours before being found by other employees of the salon. Besides death, cryotherapy carries risks of frostbite and increased heart and breathing rates. As body temperatures drop, cryotherapy patients may also experience confusion, a loss of coordination, and even cardiac arrest, when the heart ceases to function properly and a person stops breathing and loses consciousness.

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