Chicago Injury Lawyer Blog

With salmonella concerns “triggering the recall of more than a half-billion eggs in more than a dozen states,” experts stand by their long-standing, and simple advice: run away from raw or runny eggs. (S. Reitz, AP, 8/25).

However, experts have also come up with food safety tips to keep cooks at home “in the kitchen and out of the hospital,” all the while still enjoy Eggs Benedict and Pasta Carbonara. As a personal injury lawyer, I encourage all consumers to follow these tips to avoid unnecessary hospital visits.

First, eggs remain fresh for approximately a month after purchased. Do not consume questionable eggs – eggs with cracked shells are a definite pass, but also those who have been sitting in the refrigerator for longer than you can remember.

Next, try to eat thoroughly cooked scrambled eggs and hard boiled instead of sunny side up. As for poached eggs, a little longer is better, and about 5 minutes in gently boiling water should keep salmonella at bay.

Finally, for those recipes that simply cannot work without a little raw egg, consider a pasteurized egg product. These products, usually sold in cartons near milk, have been gently heated to kill off any pathogens. Some food service professionals have switched to this safer alternative.

A recent stroller recall should put parents on alert, and as a products liability lawyer in Chicago I urge parents to act swiftly to ensure that the strollers they are using are safe. (AP, 8/20).

The Zooper Tango double stroller distributed by Lan Enterprices, LLC that was recalled this week, and “prompted nearly 200 reports about its tendency to collapse. Fortunately, no serious incidents are known to have occurred. The strollers had model numbers of SL808B and SL808F and were sold at retailers nationwide and through Babies R US from January 2007 through August 2008.”

The issue with the stroller regard the ‘latch above the front wheels can fail when the stroller hits an object, causing the stroller to unexpectedly collapse. This can result in minor scrapes, cuts and bruises.”

A recent outbreak of salmonella has been linked to Fido's Foods by a government report that warns, “Fido's food may be making kids sick.” (Lindsey Tanner, AP Medical, 8/9). The outbreak is the first one in humans linked to pet food. Between 2006 and 2008, the outbreak sickened nearly 80 people, nearly half of which were toddlers aged 2 and younger.

Although recognized less than it should be, “pet foods are a source of salmonella infections in humans, as at least six unrelated pet food recalls have been issued this year by manufacturers because of possible salmonella contamination,” according to Food and Drug Administration.

As a personal injury attorney, I encourage all parents to keep young children away from pet food

With the U.S. obesity rates approaching 35 percent of adults, many are excited to get “their first extensive look at the first of a trio of new weight loss drugs this week. The hope is that the new drugs can succeed where many others have failed: delivering significant weight loss without risky side effects.” (Matthew Perrone, Washington AP, 7/12).

As a personal injury and products liability attorney in Chicago, I am always skeptical of new drugs, and weight loss drugs in general, especially since “two of the drugs submitted for approval simply combine existing drugs - an anticonvulsant and an amphetamine - but have worrying side effects. The third, a new medication, is safer but less effective.” Results of the FDA review are due shortly.

The obesity endemic in this country is certainly troubling, but, as always, proper and thorough testing of impending drugs is necessary.

As a products liability lawyer, I urge all consumers to stay on top of recalls and remove defective products from their homes immediately, especially those products affecting children.

This week, “more than 2 million cribs from seven companies were recalled amid concerns that babies can suffocate, become trapped or fall from the cribs.” (J. Keer, AP 6/24). Most of the recalled cribs were drop-side models. The movable side becomes problematic when it detaches from the crib, “creating a dangerous gap where babies' heads can become trapped, leading to suffocation or strangulation.”

The brands of cribs affected were: Evenflo, Delta Enterprises Corp., Child Craft, Jardine Enterprises, LaJobi, Million Dollar Baby and Simmons Juvenile Products Inc.
Fortunately, no deaths have resulted from the defective products, but entrapments have been reported, leading to at least one hospitalization.

The Agriculture Department announced Thursday that Campbell Soup Co. is recalling “15 million pounds of SpaghettiOs with meatballs after a cooker malfunctioned at one of the company's plants in Texas and left the meat undercooked.” (M.C. Jalonick, AP Washington, 6/18). The company is recalling cans made since December in “an abundance of caution” since they are not precisely sure when the cooker began to malfunction.

The recalled spagettiOs include: SpaghettiOs with Meatballs, SpaghettiOs A to Z with Meatballs, and SpaghettiOs Fun Shapes with Meatballs (Cars). The recalled products have "EST 4K, as well as a use-by date between June 2010 and December 2011 printed on the bottom of the can. The products were manufactured between December 2008 and June 2010 and distributed to retail establishments nationwide.”
The USDA said there are “no reports of illnesses associated with the product and Sanzio said the company has received no customer complaints to date.”

Consumers with questions about the recall can call Campbell's Hotline at (866) 495-3774. As a products liability attorney, I strongly encourage parents to check their cabinets immediately for the defective product.

Food and Drug Administration documents show Johnson & Johnson was aware of “problems with the potency of its Motrin formula in 2008, but did not recall the product until July the following year.” (Washington AP, 5/27).

In response, House lawmakers are investigating the company after last month's recall of upwards of 40 kinds of children's medicine. Some of the recalled medicines which contained miniscule particles of metal.

As a personal injury lawyer, I am disappointed by the reckless behavior of Johnson & Johnson. Awareness of risks should always lead to immediate action, especially when the risks involve small children, some of whom have underdeveloped immune systems.

It was just recently announced that “nearly 1 million General Electric coffee makers sold at Walmart are being recalled after dozens of reports of overheating, smoking, burning and fires. (AP Washington, 5/20). The Consumer Product Safety Commission stated Walmart has received upwards of 80 complaints about the coffee maker, including a few reports of minor burns.

In addition to bodily injuries, the accident reports include reports of property damage - a significant kitchen fire and damage to countertops, cabinets and a wall.

The recall involves GE 12-cup digital coffee makers sold exclusively at Walmart stores nationwide, and “consumers are advised to immediately stop using the recalled coffee makers and return the product to any Walmart for a full refund.” As a personal injury attorney in Chicago, I urge consumers to rid their kitchens of these coffee makers immediately.

The Consumer Product Safety Commission is “recalling thousands of Simplicity and Graco cribs, warning that babies could suffocate or strangle in them.” (Washington AP, 4/29).

The agency says the Simplicity recall has been implicated by at least one death, and involves thousands of cribs, though many may have been previously recalled for other defects. The Graco recall affects over 200,000 dropside cribs.

The problem with both types of cribs “stems from hardware failures in which a piece of the crib collapses or breaks - creating a dangerous gap between the mattress and crib where a baby can suffocate or strangle.” As a personal injury attorney, I strongly encourage all parents to ensure that their cribs are safe for us.

A former FDA employee scientist asserted, “His job was eliminated after he raised concerns about the risks of radiation exposure from high-grade medical scanning.” (Matthew Perrone, AP, 3/30). Dr. Julian Nicholas told an audience of imaging specialists that he and other FDA staffers "were pressured to change their scientific opinion," by managers in the agency's medical device division. As a medical malpractice lawyer in Chicago, I am appalled that profiteering attitudes infiltrated the scientific community thereby allowing excessive imaging and exposing many to unwarranted risks.

Dr. Nicholas, who is currently a physician in San Diego, states he and eight other FDA employees raised their concerns with the division director last fall. "Scientific and regulatory review process for medical devices was being distorted by managers who were not following the laws," Nicholas said, and a month later Nicholas' position was "terminated.”

Now, the FDA is launching a campaign “to reduce radiation exposure from medical scanning. The agency is seeking input from physicians and manufacturers on additional safety controls and training to improve CT scanners and other medical imaging devices, [as] Hundreds of studies have linked certain types of radiation, including the type used in medical imaging, to cancer that can surface decades later.” Hopefully, scientific opinion will no longer be suppressed, and the FDA will take whatever steps necessary to reduce radiation exposure.

Federal health experts are now saying that additional restrictions are needed” to protect teenagers from the cancer risks of tanning beds, including a potential ban for people under 18. “ (Gaithersburg, MD, AP, 3/25). As a personal injury and products liability attorney, I strongly supports additional guidelines and limitations on tanning bed use, especially for teenagers.

As a possible solution, the Food and Drug Administration recommends “the agency put tighter controls on artificial tanning, ranging from requiring parental consent forms to banning the practice in younger teens.” This recommendation takes into consideration the lack of any demonstrated benefit of artificial tanning, something that has become a phenomenon among the high school aged population. Other experts, however, assert that at this point the evidence is not strong enough to support to total ban. Regardless, several studies have linked artificial tanning to skin cancer, thus the FDA is rightfully evaluating possible regulations.

As a products liability and personal injury attorney in Chicago, I urge parents to pay attention to recalls affecting products they may be using for their children and replace the recalled products as soon as possible to avoid unnecessary injuries. This week, the Consumer Product Safety Commission announced a recall of 1.2 million high chairs because they pose a falling hazard to children. (Washington AP 3/18). Graco Children’s Products, Inc., of Atlanta, manufactures the recalled product identified as the “all Harmony –TM high chairs. The CPSC cautioned that consumers should cease using the product immediately.

The regulatory agency said "screws holding the front legs of the high chair can loosen and fall out and said cracking plastic brackets can cause the high chair to tip over unexpectedly." Thus far, 24 injuries have resulted causing “bumps and bruises to the head, a hairline fracture to the arm and cuts, bumps and bruises and scratches to the body." Consumers can locate the model number can be located on the underside of the foot rest.

The Food and Drug Administration announced this week that it is “adding its strongest warning to the label for Plavix after reports that some patients cannot process the blockbuster blood thinner…Plavix is prescribed to heart disease patients to prevent dangerous blood clots, which can cause heart attack, stroke and death.” (Washington AP, M. Perrone, 3/12).

The FDA said in a statement Friday “that certain patients with a genetic variation cannot metabolize the drug, putting them at increased risk for heart attack and stroke.” Admittedly, these risks are as grave as they come, thus patients on this drug should consult their doctors immediately.

Fortunately, a generic test can identify patients who do not respond to Plavix. Other blood thinners, including Aspirin, are recommended by the FDA for patients who do not respond to Plavix.

As a personal injury and products liability attorney in Chicago, I encourage patients on Plavix to consult with their doctors to make sure they are not increased risk for heart attack and stroke.

The Food and Drug Administration is “cracking down on baby food manufacturers and other companies for misleading nutrition labeling on their products, the beginning of a larger effort to set stricter standards for the labels” (M. Jalonick, AP Washington, 3/5). Recent warning letters sent to 17 food companies highlighted unauthorized claims made regarding health and nutrient content.

The agency communicated to big name companies including Nestle/Gerber, Beech-nut, First Juice, Inc., Want Want Foods, and PBM products. Although there is nothing wrong per se with the baby food, the agency is concerned that labels on the products make claims regarding heath and nutrition that are not empirically supportable.
The agency said back in October “that nutritional labels from food manufacturers may be misleading consumers about the actual health benefits of cereal, crackers and other processed foods and sent a letter to companies saying it would begin cracking down on inaccurate food labeling. On Wednesday, the agency said it would soon propose new guidelines for calorie and nutrient labeling on the front of food packages.”

In response to the letters, companies have fifteen days to propose solutions to the label issues. As a products liability attorney in Chicago, I am pleased that the FDA is addressing these labeling issues quickly.

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.

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.

The Consumer Product Safety Commission announced a recall this week of “more than 50 million Roman-style shares and roll-up blinds because of the risk children may be strangled by the cords” (12/17, AP for FindLaw).

To date, The CPSC says five deaths and 16 near-strangulations have resulted from Roman shades, in addition to three deaths connected to roll-up blinds.”

As a chicago personal injury attorney, I join the commission and the industry in urging parents to ensure all shades and blinds in their homes have no accessible cords. Cordless window coverings are recommended for all homes where children live or visit.

The World Heath Organization said Wednesday, “Tobacco use kills at least 5 million people every year, a figure that could rise if countries don't take stronger measures to combat smoking” (12/11, M.Cheng, AP London for FindLaw).

This is a world-wide problem as a new WHO report on tobacco use and control, “said nearly 95 percent of the global population is unprotected by laws banning smoking. WHO said secondhand smoking kills about 600,000 people every year. The report describes countries' various strategies to curb smoking, including protecting people from smoke, enforcing bans on tobacco advertising, and raising taxes on tobacco products. Those were included in a package of six strategies WHO unveiled last year, but less than 10 percent of the world's population is covered by any single measure.”

As an Chicago attorney who specializes in personal injury cases, and who has seen many tobacco related cases, I fully support the WHO in their mission to tackle tobacco problems world-wide. As Doublas Bettcher, director of WHO’s Tobacco-Free Initiative, said, "People need more than to be told that tobacco is bad for human health…they need their governments to implement the WHO Framework Convention."

Mark Stephan, a client of Hurley McKenna & Mertz, fractured his neck when the wheel on his bicycle came off unexpectedly on a Chicago area roadway. Since then he has inspired our firm and the world with his relentless drive to teach himself to walk again. Mark Stephan embodies the American spirit. He simply will never quit. We are proud to work for this man.

Check out Mark Stephan's inspiring story as told by Mike Leonard on the Today Show.

If you have been following Hurley McKenna & Mertz client Mark Stephan's courageous fight to learn to walk again then you should look at this video of Mark leaving the Rehabilitation Institute of Chicago. Although his neck was broken in several places and his limbs were not responding, as soon as Mark was able to speak again after coming out of a coma he said he would walk out of the Rehabilitation Institute of Chicago some day. Well that day came on December 22, 2007. True to his word Mark walked out of the RIC.

Sam Hananel reports, “The Occupational Safety and Health Administration is issuing a record $87 million fine against oil giant BP for failing to correct safety hazards after a 2005 explosion killed 15 people at its Texas City refinery” (AP for FindLaw, 11/1).
The fine, which is the largest in the history of OSHA, is the result of a several month investigation that revealed hundreds of violations of a 2005 agreement to address and repair hazards at the oil refinery.

Although a BP spokesman says the company believed it was in “full compliance” with the settlement agreement, OSHA rebuts that BP will now face “hundreds of new violations for failing to follow industry controls on pressure relief safety systems and other precautions.”

As a Chicago lawyer who dedicates his career to helping average Americans obtain just compensation, I am pleased to see that the OSHA is holding large companies responsible for breaching of settlement agreements. Violating industry controls is an irresponsible way to conduct business for which companies must be held liable.

The Environmental Protection Agency said recently it is “re-evaluating the health effects of a popular weed killer that has been found in drinking water supplies,” to determine if further restrictions are needed to combat health concerns (Dina Cappiello, AP for Find Law, 10/7). Atrazine, a herbicide commonly used on corn and other crops has been linked to causing “low birth weights, birth defects, and reproductive problems,” even at low levels.

Research has shown that “runoff after rain storms can wash the chemical into streams and rivers, where it can enter drinking water supplies.” As a products liability attorney in Chicago, I am concerned about the potential reproductive risks associated with consumption of even very low levels of Atrazine and am hopeful that the EPA will act swiftly to minimize any potential health hazards.

Natasha Metzler reports, “Target has agreed to pay a $600,000 civil penalty for importing and selling a variety of toys with high levels of lead paint on the surface (AP for FindLaw, 10/1). The Consumer Product Safety Commission alleged, “Target knowingly imported and sold the illegal toys between May 2006 and August 2007.” Target denies that is knowingly broke the law, which some have speculated was part of the settlement. According to government safety officials, the lead content of the surface coatings on some toys was higher than is legally allowed by the 1978 lead paint ban.

The CPSC has been actively imposing sanctions this year as the Target settlement brings the number of civil penalties to 39 and the dollar value of fines imposed to just under ten billion dollars, a record for both penalties and fines. As a Chicago attorney who has seen too many lives torn apart by similar negligence, I am encouraged that the CPSC has imposed many sanctions this year on deserving companies. Although target denies knowingly breaking the law, importing toys with high levels of lead based paint is inexcusable.

Ray Theodore reports, “In a brief, unpublished decision the three-judge panel unanimously found that the ban is permissible because it restricts the sale of cigarettes and not cigarette advertising” (Andrews Publications for FindLaw, 9/16). The court reject the argument that the product itself is an advertisement and found that the sale of cigarettes does not involve expressive conduct that would be protected by the first or fourteenth amendments.

The ban, “which took effect Oct. 1, 2008, seeks to address concerns that smoking is "legitimized" by allowing cigarette sales in pharmacies, whose primary mission is to serve consumers' medical and health needs.” The ban, however, does not affect other stores, such as groceries and mega stores, whose primary purpose is not to serve customers medical and health needs.

As a personal injury lawyer who has seen many cases involving the aftermath of smoking cigarettes, I am pleased with this progressive decision.

The American Association for Justice news brief recently included an article stating The National Highway Safety Administration said, “it isn’t necessary to require that power windows operate in reverse to prevent the injury or deaths of children who could be accidentally caught in them” (AP, Manning, 8/28).

The NHTSA further asserted that sufficient safety measures are already in place including “switches designed to make it difficult for children to mistakenly close windows, [which] are effective enough to reduce risk of serious injury or death.”
However, the NHTSA did mandate automatic reversing on some power windows without certain safety measures. For example, windows that can be closed with a single touch of a button as opposed to windows that require the user to hold down the button while closing the window must have an automatic reversing feature.

As a personal injury lawyer, I hope that the NHTSA investigation was thorough as power windows intrigue children, so safety measures are necessary to protect their safety.

Jennifer Kerr reports, “six companies are recalling millions of window blinds and shades, following the deaths of three children who got caught in cords that help the coverings move up and down” (AP, 8/26). The recalls were announced last week by the Consumer Product Safety Commission and involve some “big-name companies, including Pottery Barn Kids, IKEA,” and some smaller retailers who sold their products at large retailers such as Target.

None of the deaths were associated with the IKEA or Pottery Barn Kids blinds, but there had been reports of children becoming entangled in the inner cords. The commission’s new chairman, Inez Tennenbaum says the recalled blinds “pose a hidden hazard,” and urges “all parents to inspect their blinds and shades immediately and obtain the free repair or refund the companies are offering to consumers.” As a Chicago personal injury lawyer, I join Ms. Tennanbaum in her sentiments and further suggest that parents consider other child proofing mechanisms on all binds and shades. For more information on the details of the recall visit www.cpsc.gov.

The USA Today (6/22, Szabo) reports, "There's a growing debate about the safety of the recycled rubber chips used to cushion falls on many children's playgrounds." The Environmental Protection Agency (EPA) has approved rubber play surfaces since 1991, both to protect children from head injuries and to prevent tires from ending up in landfills. However, EPA officials now "say they can't vouch for the safety of recycled rubber, which can be contaminated with lead and other toxins, according to internal documents released under the Freedom of Information Act.

New York and New Jersey "last year closed half a dozen [synthetic playing] fields because of high lead levels. The EPA is conducting a pilot study to decide whether to launch a larger, more comprehensive study of the risks," spokesman Dale Kemery says.

Despite the risks, rubber chips present real advantages. A 1997 Lancet study found that playgrounds with rubber surfaces had the lowest rate of injury, with half the risk of bark mulch and a fifth the risk of concrete. Playground injuries cause 200,000 emergency room visits and about fifteen deaths each year.

As a Chicago personal injury lawyer, I support further testing of the recycled rubber chips and the evaluation of other safe alternatives. If the chips are truly harmful, then the decreased risk is not worth exposing children to harmful chemicals.

Court secrecy is a dangerous practice that prevents people from finding out about unsafe products. As a personal injury lawyer in Chicago I find the practice of document sealing irresponsible. Consider the following example of such irresponsibility.

The American Association for Justice reports (6/4), “Over the past year, Bausch & Lomb has quietly settled over 600 contact solution lawsuits, with more cases still pending”. The contact solution was tied to instances of fungus infections and blinding in many patients that used the product.

As part of the settlement agreement, Bausch & Lomb forced all court documents in the case to remain sealed. This keeps vital information including internal investigations into the cause of the infections from contact users and doctors. Details of outdated company testing procedures, which are widely used by other contact solution manufacturers are also included within the sealed documents.

The Sunshine Litigation Act currently facing Congress would give judges “additional discretion to limit secrecy agreements that keep hidden important and life saving information from the public” and would “close the loophole in our courts” to ensure that such information is disclosed.

The Deseret Morning News (6/5, Davidson) reported that Bruce R. Kaster, "an attorney who represents the families of Utah State University students killed in a grim 2005 van accident, told Congress on Thursday" that "courts allow companies to keep too many civil lawsuit documents secret that could save lives by disclosing dangerous defects in products."

An example of such a document is a memo from 2000 by Copper Tires that discusses that the tires they produce lack important safety features that are present in other brands. Copper Tires manufactured the tires involved in the 2005 accident that killed eight Utah State University students.

Currently, the House Judiciary subcommittee is “considering the Sunshine in Litigation Act, which would make it more difficult for companies to keep secret documents used in civil cases.” Each year, countless American’s are injured or killed by defective products that manufactures are aware of, but the public is not. As a product liability lawyer, I believe that companies are too easily allowed to seal important facts about defective products in court files to the detriment of public safety. I support an Act that would increase the likelihood that manufactures would be held accountable for their defective products.

The Las Vegas Sun (5/29) editorialized, "It is only common sense that many federal laws, those on civil rights among them, should be consistently and strictly enforced throughout the country." However, "many federal laws not covering constitutionally protected freedoms should stand only as a minimum standard."

The paper said, "regulators under Bush often wrote "preemption" language into regulations, which meant the laws would be standard across the country because they preempted any relevant state law." One famous example is California’s 2005 request to the Environmental Protection Agency “to adopt a law setting tougher automobile emissions standards than those set by federal law.” This request was denied.

Now, Obama has "directed his administration to abandon the freewheeling preemption policies of the Bush administration," including asking the EPA to reevaluate their previous decision. President Obama sent a memo to his staff stating, “heads of departments and agencies should not include preemption provisions ... except where such provisions would be justified under legal principles.” He further ordered the reviewing of any regulations written in the past decade by federal departments and agencies to search for unjustified preemptive language. Concluding, the paper said, "Obama's directive is a victory not only for states, but also for consumers."

I have been a product liability lawyer in Chicago for 25 years. I found it very interesting and disconcerting that George Bush, the head of a party that supposedly prides itself on state’s rights, would summarily and unilaterally federalize product liability law on such a massive scale. Thankfully for the citizens of Illinois, the Obama administration has reversed this unwelcome attempt to preempt state tort law.

As a Chicago personal injury lawyer I am very pleased to see that after decades of marketing their addictive cancer causing products to children, tobacco companies are feeling the pain a fully informed jury can inflict. Consider this recent verdict in Florida:

The AP (6/2) reports, "A Florida jury awarded $30 million to a Pensacola widow in a ruling against R.J. Reynolds Tobacco." This is one of the first cases to be tried since the 2006 Florida Supreme Court Ruling that “threw out a massive class-action award to thousands of smokers and required the cases be proved individually.”

Benny Martin died of lung cancer in 1995 after being a longtime smoker. He began smoking “20 years before cigarettes had warning labels.” According to attorneys for "Benny Martin... the tobacco company conspired to make its products more addictive to customers and withheld information about the dangers of smoking."

Such deceptive tactics are targeted by the new Food and Drug Administration (FDA) regulatory legislation that will, if passed, give the FDA a wide array of new powers to regulate the tobacco industry. These new powers include the ability to regulate the marketing and advertising of tobacco products.

Chicago Tribune encouraged by manufacturer's decision to stop making drop-side cribs.
The Chicago Tribune (3/28) editorialized, "Drop-side cribs, with a movable rail that can be raised and lowered, are a staple of baby rooms." However, "they probably won't be for much longer" because "major crib manufacturers have agreed to stop making them." The Tribune said that despite the fact that parents will complain about the inconvenience of the new cribs, that the drop-sided cribs were dangerous. "We heartily supported congressional action last year that gave the commission more money and more authority to ferret out and block unsafe products," the Tribune said. "In this case, the manufacturers moved before the agency did, and that's good to see."

We previously posted on the Electra Bicycle Co’s Amsterdam bicycle recall. More recently, the U.S. Consumer Product Safety Commission announced an expanded voluntary recall of these bikes due to a risk of injury.

About 1,500 bicycles are involved in the new recall including Classic 3, Original 3, Royal 8 and Sport 3 models. 9,500 bicycles were recalled in the initial recall.

The bicycles were sold January 2007 through June 2008 for $400-$850 and have enclosed chain guards. The words "Electra" and "Amsterdam" are printed on the bicycle frame or the chain guard and sometimes on both. Apparently, the chains on the Amsterdam bicycles can derail, possibly causing an injury to riders.

Consumers are advised to stop using the bicycles and contact Electra for a free inspection and repair. Consumers can call 800-261-1644 for information.

Continue reading "ELECTRA BIKE RECALL EXPANDED" »

Chicago families should be cautious about giving their infants and toddlers cough medicines in light of reports that the makers of several leading over-the-counter cold medications are voluntarily withdrawing products sold for infants. The Consumer Healthcare Products Association said the products were being withdrawn "out of an abundance of caution" and insisted the products are safe when used as directed.

This withdrawal comes after the U.S. Food & Drug Administration recommended last month that parental “consult your physician” warnings be dropped in exchange for adding a warning not to use cough medicines for children under the age of two in its place. After reviewing reports of side effects over the last four decades, the FDA found 54 child fatalities from over-the-counter decongestant medicines and 69 reports of children's deaths connected with antihistamines, which are used to treat runny noses.

The lists of the companies voluntarily withdrawing their cough medicines include Dimetapp, Little Colds, Pedicare, Robitussin, Triaminic and Tylenol. More specifics about which products were pulled can be found here.

"The reason the makers of over-the-counter, oral cough and cold medicines for infants are voluntarily withdrawing these medicines is that there have been rare patterns of misuse leading to overdose recently identified, particularly in infants, and safety is our top priority," CHPA president Linda A. Suydam said in a statement.

CVS stores planned to stop selling the withdrawn products and store-brand equivalents, it said. Refunds are being offered if customers return the products.

Continue reading "MANUFACTURERS RECALL COUGH MEDICINES USED FOR SMALL CHILDREN" »

The National Highway Traffic Safety Administration (NHTSA) is urging owners of certain Ford, Lincoln and Mercury SUVs, pickup trucks, vans, and cars to take their vehicles to a local dealership for a corrective repair. According to a NHTSA press release, these vehicles contain a defective cruise control switch that could lead to a fire at any time, even while the vehicle is turned-off or unattended. The exhaustive list of models that are affected can be found here.

NHTSA is concerned that many owners have yet to respond to multiple safety defect recall notifications from Ford, including Chicagoland consumers. Of the 12 million vehicles involved in the recall, nearly five million have not yet been brought to Ford for repair. Consumers with questions should contact their local Ford/Lincoln/Mercury dealer, or call 888-222-2751. Additional information is available at www.ford.com.

Continue reading "ILLINOIS CONSUMER ADVISORY: Five Million Unrepaired Fords, Lincolns and Mercurys Pose Serious Fire Hazard " »

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.

Continue reading "Chicago cyclists be on alert for Electra Amsterdam recall" »

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.

Continue reading "NHTSA issues a recall to Illinois Nissan Altima Drivers" »

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.

Continue reading "Illinois judge rules that expert need not pinpoint exact cause of tire failure" »

In the hopes of curtailing future bicycle injuries, the U.S. Consumer Product Safety Commission (CPSC) in cooperation with Look Cycle voluntarily recalled approximately 80,000 KéO brand bicycle pedals. The San Jose, California company made this decision after it uncovered a defect in the structural composition of the bicycle pedal it distributes. Specifically, the steel axle inside the bicycle pedal has showed systematic weakness and a tendency to break, thus creating a hazard for any cyclist using the pedal. The recall can be found here.

After 14 reports of Look Cycle bicycle pedals breaking--seven of those cases resulting in injuries--the CPSC recommended that all users of the pedals discontinue use immediately and exchange the faulty pedals in hopes of avoiding injury. Because bicyclists are virtually unprotected on the road, bicyclists often suffer severe injuries from accidents. There is potential for product liability litigation in relation to this recall. If you have questions about the product recall discussed in this blog, contact Chris Hurley at Hurley McKenna & Mertz, P.C. at (312) 553-4900.

Medical devices, machines, and other products injure and kill thousands each year. The U.S. Food and Drug Administration maintains a list of recalled medical devices. In addition to those products on this list, though, there are many different products that are dangerous or worn-out that kill and injure people in health care settings.

The experienced attorneys at Hurley McKenna & Mertz have represented numerous clients who were injured or killed by medical devices. Oftentimes, these cases arise out of situations where medical malpractice has been committed. We have also represented clients who have been injured by medical products at work.

If you or someone you know has been injured by dangerous medical devices or medical products, please contact the experienced attorneys at Hurley McKenna & Mertz for a free consultation.

IBM and Sony are recalling more that 500,000 batteries used in laptop computers. See full story. This is a new recall and does not include the 4.1 million faulty batteries recalled earlier this year by Dell. There are certainly tens of thousands, it not hundreds of thousands, of dangerous batteries being used in Chicagoland computers.

The faulty batteries are dangerous becasue they pose a fire hazard. The faulty batteries should be immediately returned to the manufacturer.

If you have had difficulties with the batteries at issue, please contact the experienced attorneys at Hurley McKenna & Mertz. At Hurley McKenna & Mertz, we have recovered substantial awards for our clients who have been injured by dangerous products.