Chicago Injury Lawyer Blog

As a products liability and medical malpractice attorney, I am intrigued by the new study regarding a new stroke prevention option.

A recent study unleashes promising news finding that “people with narrowed neck arteries that could lead to a stroke can be safely treated with less drastic option” than the current surgical procedure. (AP M.Marchione, 2/26).

Medical professionals assert that hundreds of thousands of Americans could benefit each year because the new artery opening stent, which is a “mesh tube that props the blood vessel open,” will replace the expensive and drastic surgical option.

Although not without complications, the risks both during and after the stent procedure appear to be relatively less drastic than the surgical alternative.

This week, “the nation's largest tobacco maker is asking the Supreme Court to throw out court rulings holding that the industry illegally concealed the dangers of cigarette smoking” (AP Washington, 2/19). Several other tobacco companies and the Obama administration, who is seeking billions from the tobacco industry, are expected to file separate appeals soon.”

The court papers assert that the Supreme Court should review a federal Court of Appeals ruling upholding (largely) a trial court finding that the “industry engaged in racketeering and fraud.” Phillip Morris USA who manufactures Marlboro cigarettes and more than a dozen other brands vehemently denies any wrongdoing.

As a personal injury attorney with experience in tobacco related tort and product liability cases, I sincerely hope the Supreme Court holds tobacco makers responsible for all the damage, pain, and suffering they have caused to so many people.

As a personal injury attorney in Chicago, who has seen the effects of radiation gone bad, I fully support the FDA in their new initiative to rein in radiation overdoses.
In response to a problem that has becoming increasingly apparent for decades, “the Food and Drug Administration is working with doctors and medical manufacturers to reduce unnecessary radiation exposure from medical scans.” (2/9 Washington, AP).

The FDA says it will soon require manufacturers of CT scanners and other imaging machines to include safety controls that prevent patients from receiving excessive radiation doses. This initiative is part of a multifaceted scheme to reduce radiation-based injuries.

One study discovered that “the average American's total radiation exposure has nearly doubled since 1980, largely because of CT scans, according to recent studies.” Whereas medical radiation used to account for one-sixth of the population’s total exposure, it now accounts for more than half.

New technology is allowing the Food and Drug Administration to utilize an automated system to sort through millions of foreign shipments and identify food and drugs that are most likely to be contaminated and dangerous to consumers (AP for Findlaw, 2/4).

This promising new system, aptly called PREDICT, “will help inspectors target shipments for inspection that pose the greatest risk" by assigning a risk-based score to each imported container. The score is based on factors such as the “contents of the shipment, country of origin, and the manufacturer’s safety record.” Although at this point, the inspections are often random and only a small percentage is inspected at this early stage, the FDA hopes to have PREDICT implemented nation wide sometime in the spring of 2010.

As a products liability lawyer, I am encouraged by the utilization of this new technology. I am hopeful that the FDA will act swiftly in implementing this promising program on a nation wide basis.

At Hurley, McKenna, & Mertz, we are well aware of the trauma that accompanies wrongful death of children in foster care, as we have both experience and success with such cases. A recent article in the University of La Verne Law Review authored by Daniel Pollack and Gary L. Popham, Jr. illustrates the severity of the cases involving wrongful death of foster children (Pollack and Popham, LaVerne Law Review, Vol 31:1). Please feel free to e-mail dpollack@yu.edu for a pdf copy of the article.

The U.S. Department of Health and Human Services reports that an estimated 1,460 children died from abuse or neglect during the fiscal year 2005. This shockingly large number is only the tip of the ice burg when it comes to foster care issues. However, it is difficult to generalize a problem such as wrongful death of foster children since state laws regarding who can bring suit and what damages may be sought vary from state to state. Furthermore, while the goal of foster care is to “provide a stable, nurturing, and non-institutionalized environment” for children who have been removed from their biological parents, the system of foster care has proven to be notoriously hard to monitor adequately. Sadly, sixty percent of children who enter foster care do so as a result of abuse or neglect from their biological parents. For some of these children, the abuse and neglect only continues.

Evelyn Pesante was the biological mother of four-year-old Angelica who was killed while in foster care. Ms. Pesante brought a wrongful death suit seeking damages for pain and suffering. Angelica and her half brothers were removed form Ms. Pesante’s care as a result of neglect and placed in foster homes. While in foster care, Angelica was severely injured by her foster parent’s thirteen-year-old, 180-pound son who tackled the four year old causing her to lacerate and rupture a liver. After receiving no medical care and essentially bleeding to death internally, Angelica became disoriented and fell down the stairs in the home, causing her death. This is only one case, but the article goes on do describe many other cases that are just as disheartening.

Such irresponsible foster care is a nationwide problem. As a Chicago personal injury attorney who has argued a similar case in Illinois, I am outraged that abuse and neglect is a continuous problem in foster care situations. For many of these children, abuse and neglect is all they have ever known, something we simply cannot tolerate.