Illinois Injury and Mass Tort Lawyer Blog

Published on: October 16, 2015

“Dram Shop” Case Filed Against Local Illinois Bar

Earlier this month, a trial began on the issue of whether an Illinois bar served a patron to the point of intoxication before he went on to cause serious injuries to one of the bar’s other patrons. According to one local news source that reported on the case, the incident occurred back in May of last year, when the plaintiff was at the establishment having a drink at the bar.

Evidently, one of the other patrons started to get rowdy and made some sexually inappropriate remarks to the bartender, who asked the man to leave. The man refused to leave, and the bartender then enlisted the help of other customers to get the intoxicated man out of the bar. The plaintiff was one of the men involved in confronting the intoxicated man, and when he attempted to get the man out of the bar, a fight broke out.

While the plaintiff claims all his attempts were peaceful, the interactions eventually turned violent, and the plaintiff was hit, causing him to fall into a pool table. He suffered serious and permanent injuries as a result, and he filed suit against the bar under a Dram Shop theory of liability.

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Published on: October 14, 2015

California Court of Appeal Upholds Summary Judgment in Favor of Defendant Pipe Manufacturer in Fatal Product Liability Action

By Moll Law Group

In a recent case, the California Court of Appeal for the Second District upheld a lower court’s grant of summary judgment in favor of a defendant pipe manufacturer on the basis that the plaintiff’s exclusive remedy was through the workers’ compensation system.

In Melendrez et al. v. Ameron International Corp., one of the defendant’s employees, who had been employed with the defendant for nearly 25 years, was authorized to take home pipes that had been rejected at the manufacturing plant so that he could use them for improvements to his patio at home and to create flower pots. Sometime in 2011, the man was diagnosed with mesothelioma, and he unfortunately died one year later.

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Published on: October 14, 2015

Police Officer Killed in Oak Brook Car Accident by Drunk Driver

By Moll Law Group

According to police, a 27-year-old off-duty police officer was recently killed in an auto accident by a drunk driver. The officer was in the passenger seat of a vehicle driving north on I-294 near Oak Brook when a 22-year-old woman traveling south in the northbound lanes struck an oncoming car and then spun into the officer’s vehicle. The police officer’s car was traveling north in the northbound lanes.

A news report about the accident indicated that the officer was pronounced dead at the scene of the accident, which occurred at about 3:45 in the morning. The driver that caused the accident suffered only minor injuries, as did the driver of the vehicle carrying the police officer. Illinois State Police announced that the driver is being charged with reckless homicide and aggravated DUI involving death.

A Driver Guilty of a DUI May Be Liable for Civil Damages

Under Illinois law, when a driver’s blood alcohol level (BAL) is above .08%, the driver is automatically guilty of driving under the influence of alcohol (DUI). The level of alcohol in a driver’s blood can be proven by either a breath test or a blood test. In Illinois, first-time offenders can face jail time, even if the driver doesn’t cause an accident or injure another party.

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Published on: October 12, 2015

Seventh Circuit Court of Appeal Revisits Rules on Scientific Evidence

By Moll Law Group

In mass tort cases, one of the toughest elements for plaintiffs to prove is that the product’s harmful nature caused the plaintiffs’ injuries. This is especially true in cases involving exposure to harmful chemicals. In our modern environment, there are a host of chemicals that we encounter on a daily basis, whether we know it or not. Determining whether a chemical is harmful and whether that chemical was the cause of the plaintiff’s alleged injuries can be a challenge.

The recent case of C.W. ex rel. Wood v. Textron, Inc. touched on this subject and provided the Seventh Circuit Court of Appeal with an opportunity to review the types of scientific evidence that parties may offer in relation to proving both specific and general causation in a mass tort case.

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Published on: October 12, 2015

Study Finds High Rate of Diagnostic Medical Errors

By Moll Law Group

A recent report by the Institute of Medicine indicates that diagnostic medical errors are much more common than people think. In fact, the report concludes that most people will experience at least one incorrect or delayed diagnosis during the course of their lifetime.

By one estimate, one in 20 adults seeking outpatient care receives a misdiagnosis each year. According to the report, medical providers are not required to report diagnostic errors. As a result, the report concludes that medical misdiagnosis has received far too little publicity, and immediate improvements are needed to reduce the risk of being improperly or belatedly diagnosed. The report offers recommendations for reducing diagnostic errors. One is better communication between a patient’s multiple health care providers. Another suggests that patients should not be afraid to ask questions of their doctors and be proactive in their medical care.

Medical Misdiagnosis Is Only One Type of Medical Malpractice

When health care providers make errors in the treatment of their patients, these errors can be classified as medical negligence. Another term for medical negligence is medical malpractice. There are many types of medical malpractice.

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Published on: October 10, 2015

Arizona Supreme Court to Decide Applicability of Learned Intermediary Doctrine in Acne Medication Lawsuit

By Moll Law Group

In Watts v. Medicis Pharmaceuticals, the plaintiff was prescribed a course of treatment involving the drug Solodyn for her chronic acne. According to the plaintiff, she received two publications providing information about the drug. The first document was a MediSAVE card that outlined a program for discounted purchases of the drug and warned that the drug’s safety beyond a 12-week period had not been studied. The second document was an information insert provided at the pharmacy, detailing Solodyn’s possible side effects and safety conditions. The insert also instructed takers of the drug to contact their physician if any side effects or symptoms persisted past a 12-week period.

According to the plaintiff, the two pieces of information provided to her, the card and the insert, did not bear the same warnings and possible side effects as the FDA-approved patient label or the full prescribing information that the medical provider received with Solodyn. According to the full prescribing information, for example, the drug could potentially lead to autoimmune hepatitis or a lupus-like syndrome when the drug was ingested over a long period of time.

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Published on: October 10, 2015

Illinois Lawmakers Considering Giving Four-Time DUI Offenders Another Chance Behind the Wheel

By Moll Law Group

Earlier this month, a local Illinois news report discussed a new bill that lawmakers are considering that may give those who have permanently suspended licenses because they have obtained four DUI convictions another chance. According to the news article, as the law currently stands, anyone who has four DUI convictions in Illinois loses their license for life. However, under the proposed bill, some of the 5,085 Illinois residents with four prior DUIs may be given another shot.

The proposed bill would allow for those convicted of four prior DUI offenses to prove to the Secretary of State that they have turned their life around and have remained alcohol and drug free for the past three years. It will likely take more than their word to convince the Secretary of State. Affidavits and other evidence may be necessary to make the required showing.

Once the Secretary of State is convinced, the repeat offender may be able to obtain a provisional limited license for certain hours, or for certain purposes, such as for work, school, or medical treatment. Of course, if someone is given another chance, and they are convicted of another DUI, they will then be permanently barred from driving.

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