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Property owners have more to worry about than just their own safety and the safety of the property. They also have to worry about the safety of other people who come on their land, sometimes even when a third party causes an injury.

Illinois premises liability claims are governed by the Premises Liability Act. The Act describes the duties owed by owners and occupiers of land. In Illinois, an “invitee” is a class of persons who go on the property of another for a purpose connected with the owner’s business or for an activity permitted by the owner on the premises. However, under Illinois law, owners and occupiers of land are not the insurers of the safety of people who come on the premises. Rather, the property owners owe a duty of “reasonable care” to them.

Generally, in order to hold a property owner liable, a plaintiff must show that a condition presented a risk of harm, the owner knew or should have known about the condition and its risk, the owner should have expected that people on the premises would fail to recognize the danger or protect themselves, the owner was negligent in some way, the plaintiff was injured, and the injury was caused by the property’s condition. As a result, landowners may have a duty to take measures to protect people who come on the property or to warn them of risks. Sometimes a risk is so obvious that an owner does not need to warn people about it, but it depends on the specific situation. A recent case in Ohio is an example of a case in which a grocery store failed to adequately warn or instruct its customers on how to use its grocery carts safely.

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Boston Scientific, a company that developed a pelvic mesh product called Obtryx, failed in its effort to appeal a $18.5 million verdict against the company in a product liability lawsuit. In November 2014, a West Virginia jury concluded that the company owed compensation to four different women who received the Obtryx device. At the close of the 10-day trial, the presiding judge ordered that Boston Scientific must pay each plaintiff between $3.25 and $4.25 million.

Following the verdict, the Massachusetts-based medical device manufacturer appealed the award, asking the judge to reduce it on the basis that the plaintiffs did not demonstrate that the product is unreasonably unsafe. According to Boston Scientific, this product’s design and warnings were within the standard of care that applies for stress urinary incontinence products. The company also argued that the plaintiffs did not draw a causal connection between the alleged defects of the product and the injuries that they sustained. Boston Scientific also claimed that the warnings it included with the Obtryx product were sufficient and that the jury’s award of punitive damages was excessive.

On review, the appellate judge rejected Boston Scientific’s claims. According to the court, the record contained ample evidence that could support the jury’s conclusion that the plaintiffs had satisfied each element of the claims they advanced. For example, the defendant was misguided in referring to the standard of care for stress urinary incontinence. In a product liability action, the standard of care is the level of care that the manufacturer owed when creating the product, rather than the level of care a doctor owed in prescribing it.

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Usually, when an accident occurs, the injured person will seek compensation from the person at fault for causing the injury. However, when an employee was at fault, the employer may be responsible for the injury, even when the employee was not technically “on the job.”

In a recent case in a federal court of appeals, an employee working for the federal government borrowed a car from his employer without receiving explicit permission before doing so. The employee drove the car back to his hotel, where he had been staying for work. On his way back, the employee was in a car accident, and another driver was seriously injured. The injured driver brought a claim against the employee as well as against the government.

The government moved to dismiss the case, arguing that the employee was acting outside the scope of his employment when the accident occurred. The employee was working in another city and staying at a hotel there. He was using a government car during work hours, but he was typically using his personal car after work. Yet he was not forbidden from using the government car outside work hours, and he was permitted to take the car back to the hotel overnight if he first obtained approval from his supervisor.

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A new study published by the American Association for Cancer Research concluded that the risk of developing cancer as a result of using talcum-based products is higher for African-American women compared to other African-American women who do not use these products. The lead researcher for this study is an epidemiologist based in Virginia. According to the researcher, companies that develop, market, and sell talcum powder products target African-American females when considering how to brand and attract buyers for these items.

What prompted the study was the doctor’s curiosity regarding whether these products actually lead to different types of cancer, including ovarian cancer. The researcher began the study as a self-proclaimed critic, believing that these claims lacked merit. After completing the study, however, Dr. Schildkraut now states that these talc products have a direct link to cancer.

To conduct the study, the doctor assembled a research team that performed interviews of almost 600 African-American women who had ovarian cancer and 745 other women of color who had not been diagnosed with ovarian cancer. Overall, some 63 percent of the participants who had been diagnosed with cancer and 53 percent of the participants who had not been diagnosed with cancer were users of talcum powder products. Based on these figures and other conclusions from the study, the doctor determined that using talcum powder products increases a woman’s risk of developing ovarian or another type of cancer.

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Earlier this year, a study was released showing that certain heartburn medications – known as proton-pump inhibitors – can cause irreversible damage to those who take the medication. The study was released by a respected medical journal and evaluated a group of about 250,000 patients. The group of medications known as proton-pump inhibitors includes the popular medications Nexium, Prilosec, and Prevacid.

According to a news report released earlier this year, those who have taken these medications have a 20-50% chance of developing chronic kidney disease. However, there are almost 13 million Americans who are prescribed proton-pump inhibitors. It is estimated that up to 70% of these patients are inappropriately prescribed the medication, and many long-term users could cease using the medication. The study found that those users who took the medication twice a day had a 46% chance of developing kidney-related ailments, while users who took the medication only once a day had only a 15% chance of developing side effects.

The harmful effects of taking proton-pump inhibitors most notably include chronic kidney damage, which can result in the body’s inability to effectively filter blood. This can lead to nephritis, the need for regular dialysis, and even the need for a kidney replacement. In addition, patients may suffer from heart problems, obesity, and high blood pressure.

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On October 10, 2016 Moll Law Group announced the 5 finalists for the Moll Law Group College Scholarship Award. Out of all the submissions from across the nation, 5 finalists were selected as having the best essays

on the topic of injury prevention. Due to the difficult decision of picking only one winner out of such great essays, Moll Law Group requested the help from the community in selecting the winner of the $1,000 award. People from across the nation were invited to vote for their favorite injury prevention essay and with their help the winner was determined. Due to the proximity of the voting count, 2 runner-ups were also selected to receive an award. The following are the recipients of the Fall 2016 Moll Law Group College Scholarship Award:

$1,000 – Winner – Kassidy O’Brien

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The U.S. Food and Drug Administration recently issued a warning indicating that benzocaine, an anesthetic commonly used in over-the-counter teething gels for infants as well as liquid medications, can cause serious injuries and even death. Commonly found in products like Anbesol or Baby Orajel, the local anesthetic has in some cases led to a serious condition known as methemoglobinemia. This condition reduces the quantity of oxygen that travels through the patient’s bloodstream. Parents who have products containing benzocaine are promptly advised to stop using them on children younger than two and should seek a consultation with a health care official immediately.

In many instances, parents and other consumers presume that products marketed as homeopathic remedies are safe and pose fewer risks than pharmaceuticals and similarly derived products. A maker of such products, Hyland’s, which offers a benzocaine teething product, announced that it has discontinued making such products. According to a statement, the company stopped manufacturing the products due to the FDA’s warning. Major international drug store Walgreen’s has also discontinued its offering of products containing benzocaine.

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In a recent case, a 90-year-old woman was admitted to a hospital in 2009. During her stay at the hospital, the woman suffered several complications, and she died within weeks of her arrival. The woman’s son requested her medical records, and he received them almost one year after her death. A little over one year after receiving the records, the son obtained a professional opinion that the woman’s doctors were negligent in treating her. One month after obtaining that opinion, the son filed a complaint against his mother’s two doctors, who cared for her during her hospital stay.

Almost two years after filing the initial lawsuit, the son had a doctor review his mother’s CT scans that were taken during her stay at the hospital. The son had received this information when he requested his mother’s original medical files. The doctor provided an opinion stating that the radiologist, who had read the CT scans while his mother was staying at the hospital, had failed to identify a collection of fluid in her brain. The reviewing doctor also believed that the radiologist’s failure to identify the fluid caused or contributed to the mother’s death. After receiving the second opinion, the son filed a medical malpractice lawsuit against the radiologist under Illinois’ Wrongful Death Act (740 ILCS 180/1) and Survival Act (755 ILCS 5/27-6).

The radiologist argued that the case was time-barred because the case was filed more than two years after the mother’s death, exceeding the two-year statute of limitations. The radiologist also argued that the “discovery rule” did not apply in the son’s wrongful death and survival act case. The radiologist also claimed that even if the discovery rule applied, the case was still untimely because the son had enough information to determine whether or not to file more than two years before he filed his complaint.

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Recently, a man was prescribed Valsartan, a medication used to treat high blood pressure, and the pharmacy mistakenly gave the man a container with both Valsartan pills and Lithium pills. The pills were the same color but different shapes. The man took the medication as prescribed. When the man’s wife discovered the mistake a few days later and brought back the container, a pharmacist confirmed that the container had both pills inside. The pharmacy then set aside the medication and later destroyed it, in accordance with the company’s policy.

Soon afterward, the man experienced numbness and weakness in his hand and checked into the hospital. The treating physician believed that the man had a reaction to the Lithium pills he mistakenly took. The man’s symptoms continued to worsen in the following months, and he was diagnosed with carpal tunnel syndrome and polyneuropathy, allegedly due to his consumption of Lithium. The man had surgery performed on his hand and arm, but he continued to suffer from pain and stiffness in his hand.

The man filed a negligence case against the pharmacy for his injuries. During discovery, the pharmacy was asked to turn over the container with the mixed pills to determine if some of the pills were Lithium pills. The pharmacy stated that it had destroyed the container and its contents, pursuant to the store’s policy. Due to the pharmacy’s destruction of evidence, the man filed for sanctions against the pharmacy.

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As a personal injury law firm serving clients nationwide, Moll Law Group represents injured victims and their families. Many of these injuries were either preventable or unnecessary. Through it’s years serving the American community, Moll Law Group has come to understand that one of the best ways to avoid serious injury is by taking preventative measures. That is why Moll Law Group offers safety information and tips through its free consumer safety network – Legal News Network. In addition to providing safety information and donating to non-profit organizations, Moll Law Group offers bi-yearly scholarships to college students who write essays on the topic of safety and injury prevention.

College students were encouraged to submit an essay that provides safety information on the topic of their choice that furthers the injury prevention goal of the firm. Topics could vary from information on defective and dangerous products to transportation issues (e.g. distracted driving).

Among the many submissions received, the scholarship committee was finally able to narrow the list down to five finalists who share the same injury prevention vision. Now, Moll Law Group is asking for help from the community to assist in selecting the winner of the $1,000 scholarship award. Vote for your favorite injury prevention essay HERE. We will also heavily consider likes, shares and comments each essay receives on social media to determine the winner.

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