Chicago Injury Lawyer Blog

CBS Chicago reported today that tainted baby formula from China may have found its way into Illinois Asian food markets. The FDA and Illinois Department of Health issued a warning cautioning residents to stay away from any milk-based infant formula manufactured in China.

Over 400 Chinese babies have developed kidney stones after drinking the formula, and at least one death has been reported. Chinese baby formula is illegal in the United States - but the FDA is investigating reports it may have been smuggled in for sale illegally. The Illinois Department of Public Health’s release also said there is no known threat of contamination in infant formula manufactured by companies that have met the requirements to sell infant formula in the United States.

The Illinois Department of Public Health and local health departments are working with the FDA to help locate and remove any Chinese infant formula found on store shelves.

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Chicago cyclists should be aware of a recent recall involving Electra Amsterdam bicyles. Late last month, the CSPC announced a recall on Electra “Amsterdam” model bicycles. The alert reported there were reports that interior alignment tabs of the bicycle’s chainguard can push against the chain, causing the chain to derail, posing serious risk of injury to riders. Ten thousand of Amsterdam’s Classic 3, Original 3, Royal 8, and Sport 3 styles are involved in the recall. The bikes were sold nationwide from January 2007 through June 2008 for between $400 and $850 at authorized Electra dealers. There is potential for product liability litigation relating to this recall.

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Nissan recently recalled over one-thousand 2008 Altimas relating to a loose bolt which could lead to difficulty controlling the car if it fell out- this includes Nissan models driven by Chicagoland drivers.

According to NHTSA’s report, the left-side front suspension transverse link bolt in the 2008 Altimas may not have been tightened to specification at the factory. "This condition could cause the bolt to become loose while the vehicle is being driven," it said. "If the bolt were to come out, the driver may experience difficulty controlling the direction of the vehicle, which could result in a crash." If you own the aforementioned vehicle, have it checked out immediately by your dealer. Nissan dealers will tighten the bolt free of charge. Owners can contact Nissan for more information at (800) 647-7261.

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Trish McCloud was permanently disabled when her motorcycle’s rear tire blew out in 2002. After the jury awarded damages to her in her products liability case, the tire manufacturer, Goodyear Dunlop Tires, asked for a new trial, raising a variety of issues, including the adequacy of the tire expert’s testimony.

At trial, McCloud’s expert testified that he believed that the blowout occurred because a nylon cord became imbedded in the tire’s innermost layer and as a result, a bubble formed at the sidewall layer of the tire which caused the burst. He testified that the error could have occurred in three ways during manufacturing.

Goodyear countered this trial testimony with claims that McCloud’s expert did not pinpoint when in the manufacturing process the defect occurred and claimed it had not received reports of this problem from other customers-- thus the tire rupture was not due to a manufacturing defect. The company argued that user error caused the blowout. Specifically, Goodyear claimed that the owner either overloaded or underinflated the tire or that they had installed too many accessories on the bike which put the vehicle over its recommended weight.

In upholding the jury award, the Federal Judge held that under Illinois Law, McCord’s expert witness was not required to pinpoint the exact cause of the crash but instead could, through credible testimony, narrow the cause to one of three possible manufacturing errors.

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