Illinois Injury and Mass Tort Lawyer Blog

Published on: October 27, 2015

First Circuit Rejects Defendant’s Offer of Settlement as Mooting Plaintiff’s Claims

In many class action cases, the defendant will attempt to render the action moot by offering a settlement to the lead plaintiff. Last month, the First Circuit Court of Appeals rejected one such attempt to moot in Bais Yaakov of Spring Valle v. ACT, Inc. In this case, the plaintiffs alleged that the defendants sent unsolicited faxes informing the plaintiffs and the proposed class of testing deadlines and test locations in violation of the Telephone Consumer Protection Act (“TCPA”) and analogous New York state laws.

After the suit was filed, the defendant made an offer for judgment pursuant to Federal Rule of Civil Procedure 68. The defendant then moved to dismiss the lawsuit, claiming that the Rule 68 offer that it sent, which the plaintiffs did not accept and the defendant later withdrew, fully resolved the parties’ case or controversy, rendering the plaintiffs’ claims moot.

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Published on: October 27, 2015

Illinois Wrongful Death Cases Based on Medical Malpractice Must Be Brought within Two Years of Death

By Moll Law Group

Earlier this year, an Illinois appellate court decided a case holding that the time of accrual for a wrongful death action based on the legal theory of medical malpractice is the time of death, rather than the time the alleged negligence was discovered. In the case, Moon v. Rhode, the plaintiff was the son of a woman who died while in the care of the defendant doctors.

According to the court’s written opinion, the plaintiff’s mother was in the care of the defendant doctors for 11 days preceding her death. At some point in that period, a CT scan was conducted and the results examined by one of the defendant doctors. Action was not taken after reviewing the results, and several days later the woman passed.

The plaintiff obtained medical records one year after his mother’s death. Three years after that, he contacted a medical expert, who opined that any “reasonably, well-qualified radiologist and physician would have identified” a breakdown in anastomosis, which ultimately contributed to the death of his mother. The plaintiff then filed suit against several treating physicians, claiming that his mother’s death was a result of the allegedly negligent medical care provided by the defendants.

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Published on: October 26, 2015

Cook County Woman Sues Doctor After Surgery

By Moll Law Group

A local woman sued a surgeon recently after undergoing surgery to improve a condition involving her upper, or cervical, spine. The cervical spine is the portion of the spine located closest to the neck. The patient initially sought treatment from the doctor due to ongoing neck pain.

According to the lawsuit, the surgeon performing the surgery was negligent in his use of a surgical retractor. A retractor is a surgical instrument used for holding skin or other tissue out of the way during a surgical procedure.

As a result of the doctor’s negligence, the lawsuit alleges that the patient suffered nerve and vascular injuries. Vascular injuries are injuries to a person’s arteries or veins. In addition, the patient claims that the doctor’s negligence caused her to suffer from continued neck pain. The pain then caused the patient to suffer from significant emotional problems.

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Published on: October 26, 2015

Eleventh Circuit Upholds Denial of Class Action in Diet Drug Lawsuit

By Moll Law Group

Earlier this year, the Eleventh Circuit Court of Appeals upheld a lower court’s dismissal of a proposed class action based on the plaintiffs’ failure to meet a number of the four required elements of class certification.

In Karhu v. Vital Pharm, Inc., the defendant manufactured and marketed a dietary supplement intended to help users lose weight. The defendant marketed the product for this purpose. The plaintiffs’ class action lawsuit alleged that the product did not in fact aid with weight loss as the defendant claimed. The plaintiffs sought to certify a class of product users nationwide.

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Published on: October 23, 2015

Hyundai Issues Recall for Elantras and Sonatas

By Moll Law Group

The automaker Hyundai recently announced that it is recalling a large number of midsize and compact cars sold in the United States. In total, the recall affects nearly 28,000 cars, including Elantras manufactured in 2010 and 2011, and Sonatas manufactured in 2009 and 2010. Hyundai’s Elantra and Sonata are two of the automaker’s top-selling cars in the United States.

The recall was issued because of defective front coil springs installed in the Elantras and Sonatas. According to the U.S. National Highway Traffic Safety Administration, road salt can cause the coils to corrode and fracture. Road salt is typically applied to improve driving conditions when roads are covered in snow or ice, but if a coil corrodes and breaks, one of the front tires could puncture. The result would be an increased risk of an accident.

To date, no injuries or accidents have been reported as a result of the defective coils. Accidents from defects often occur and are not reported. Hyundai plans to notify dealers and car owners living in the so-called “salt belt” that new coils will be installed free of charge in the cars affected by the recall. The salt belt includes many of the Mid-Atlantic, Northeast, and Midwestern states, including Illinois.

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Published on: October 23, 2015

California Judge Denies Class Certification In Action Alleging Unfair Prices for Prescription Meds

By Moll Law Group

In Saavedra v. Eli Lilly & Co., the plaintiffs brought suit against the manufacturer of the anti-depressant drug Cymbalta, alleging not that they overpaid for the product but that they were harmed because they received a product that had less value than what they expected to receive. The plaintiffs sought to certify four classes under consumer fraud protection statutes in four jurisdictions: California, Massachusetts, New York, and Missouri. Initially, the trial court rejected these classes, stating that the plaintiffs had asserted an “unusual” theory of recovery. More specifically, the plaintiffs omitted any allegations indicating how they suffered or experienced the withdrawal symptoms.

Instead, the plaintiffs contended that they received a product that had less utility, which they defined as the benefit they believed they would receive from using the product. The trial court rejected this theory, noting that it focused only on the refund associated with users’ out-of-pocket costs. In reality, the prescription drug market’s price and value relationship is severed due to the nature of how prescription drugs are marketed and sold.

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Published on: October 22, 2015

Girl Sues After Suffering a Serious Injury While Boarding a Chicago Bus

By Moll Law Group

According to a news report, a girl injured while boarding a city bus has sued the Chicago Transit Authority (CTA) and the bus driver for negligence. The girl is 16 years old. As a result of the accident, she required surgery to repair several fractures to her pelvic bones.

In the lawsuit, it is alleged that the bus driver opened the doors for the young girl to board the bus, but he pulled away from the stop with the doors still ajar. The girl then fell out of the bus, hit the ground, and was run over by the bus as the driver pulled away from the stop. The complaint also alleges that the driver left the scene of the accident without stopping to help the injured passenger or calling for help.

A lawyer for the girl’s family said that the lawsuit is intended to provide “justice for the family.” The lawsuit is seeking more than $50,000 in damages, including medical expenses. As part of the lawsuit, the family’s lawyer has asked the court to ensure that any videos or reports made by the CTA relating to the accident be preserved for review.

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Published on: October 22, 2015

Another Table Saw Product Liability Case Filed in Alabama Involving SawStop Technology

By Moll Law Group

Each year, roughly 35,000 to 40,000 individuals sustain serious injuries while using table saws. Due to the nature of how these products are used, one of the most common types of injuries involves the operator’s fingers, hands, and arms.

In the recent case of Ingram v. Sears, a man from Alabama filed a lawsuit against Sears Roebuck & Co. after he lost several fingers while using a Craftsman table saw when his fingers came into contact with the saw blade. Ultimately, the plaintiff required the amputation of several fingers on his left hand.

Asserting claims for relief under product liability, negligence, and breach of implied warranty theories, the plaintiff’s complaint states that the man was using the product in a reasonable manner and exercising all due care to ensure his own safety. Additionally, the plaintiff alleges that the defendant knew the table saw was dangerous when it designed, manufactured, marketed, tested, approved, inspected, and sold the device.

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Published on: October 20, 2015

Six-Vehicle Chain-Reaction Accident Caused When Semi-Truck Rear-Ends Van

By Moll Law Group

Earlier this month near Springfield, a six-vehicle accident sent several people to the hospital with varying injuries and backed up traffic for hours. According to one local news source, the accident occurred at around one in the afternoon on Interstate 55, between Sixth Street and Toronto Road.

Evidently, a semi-truck was heading southbound on I-55 when he collided with the rear of a van that had slowed down on the highway. The truck skidded off the road and rolled over onto its side before coming to a complete stop. The collision between the truck and the van caused a chain-reaction accident that ultimately involved a total of six vehicles. Police told reporters that there were several other smaller accidents involving just a few cars that were caused as a result of the slowing traffic on the highway.

The drivers of the truck and the van were both taken by ambulance to Memorial Medical Center, where they were treated for serious injuries. One other person involved in the accident was also taken to the hospital. All hospitalized parties are expected to make a full recovery.

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Published on: October 20, 2015

California Federal Court Dismisses First Product Liability Case Involving 3D Printed Medical Device

By Moll Law Group

In Buckley v. Align Technology, Inc., a plaintiff brought product liability challenges against the defendant regarding its Invisalign teeth straightening system. This device is a 3D printed product that helps users straighten misaligned teeth. The user receives a customized series of 3D printed mouth inserts that fit snugly around his or her teeth, encouraging the teeth to move in a direction that will help keep them straight. The device is only available by prescription from a dentist.

In this case, the plaintiff saw her dentist for treatment for malocclusion, which is a condition caused by wearing down of the teeth. The plaintiff claimed that the dentist who prescribed her Align product also took the dental impressions of her teeth that are needed to form the custom devices. The defendant received the impressions and created 3D printed molds for the plaintiff to wear. According to the plaintiff, after wearing the product for nearly two years, her condition had not improved.

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