Illinois Injury and Mass Tort Lawyer Blog

Published on: September 16, 2016

Defendant Allowed to Reopen Case After Filing Response Seven Months Late

In a recent case decided by a state appellate court, a husband and wife were injured in a car accident with another motorist. After the accident, they filed suit against the motorist for their physical injuries, mental suffering, lost wages, and lost employment. However, the motorist failed to defend or respond to the lawsuit. As a result, after four months had passed, the couple filed an application for an entry of default against the motorist, and the clerk of the court entered a default judgment against him. Seven months after the complaint was filed, the motorist responded by filing a motion to set aside the default judgment. The court denied his motion to set aside the entry of default and entered a default judgment in favor of the couple for over $3 million.

The motorist appealed. He argued that the court abused its discretion by refusing to set aside the default judgment. That state’s supreme court found that since default judgments are considered under a liberal standard, the court did abuse its discretion by refusing to set aside the entry of default. It noted that the motorist had seemingly valid defenses to the claim. In addition, the couple would suffer limited prejudice by reopening the case because they filed the claim three years after the actual accident and were still litigating the case with two insurance companies. For these reasons, the default judgment was set aside, and the case was reopened.

Default Judgments and Illinois Rules

A default judgment is a ruling that results from one party’s failure to comply with the requirements of the court. A default judgment is binding on a party even if the person has never appeared in the case. That means that even if a defendant never appeared in court in a case against them, the other party can collect compensation. However, even if a default judgment has been entered against a party, they can file a motion to set aside the judgment and reopen the case.

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Published on: September 14, 2016

Jury’s Decision Is Upheld Against Medical Spa After Woman Dies Days After Undergoing Cosmetic Surgery

By Moll Law Group

In a tragic case of medical malpractice recently decided by one state appellate court, a woman underwent a liposuction procedure at a medical spa and tragically died just a few days later from septic shock. The woman’s husband filed a medical malpractice claim against the company, alleging that the bacteria causing the shock came from the medical spa during his wife’s procedure. He claimed that certain equipment had not been properly disinfected and sterilized.

The case went to trial once, but it resulted in a mistrial based on the improper questioning of a witness in front of the jury. The case was retried, and the jury found in favor of the woman’s husband. The jury awarded him over $3 million in damages. The spa appealed the decision. It argued that there was not sufficient evidence for the jury to find in favor of the husband.

The court explained that it would not set aside the jury’s verdict as long as it was supported by substantial and competent evidence. It also would not second guess determinations of credibility and the weight of the evidence made by the jury. In this case, there was a medical expert who explained how the spa’s procedures for sterilizing and disinfecting the reusable medical equipment used in the procedure breached the standard of care for cosmetic surgeons. There also was evidence that the spa’s breach caused the woman’s death because septic shock occurs after an infection causes the body to go into shock, and she had bacteria present near where she was injected. Even though there was some evidence presented by the defense suggesting that the bacteria could have come from her post-procedure care, the jury’s decision was still reasonable and would not be second guessed. Accordingly, there was substantial evidence supporting the jury’s verdict, and the decision was affirmed.

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Published on: September 12, 2016

Dangerous and Defective Strollers Injure Thousands of Children Every Year

By Moll Law Group

Many people are quick to blame parents for children’s injuries. Yet often, the parents are not to blame. Defective products such as toys, cribs, and baby carriers can cause children serious injuries.

If a defective product is to blame, a parent can sue the manufacturer or anyone else in the chain of distribution, seeking compensation for their child’s injuries. If a product is defective, it generally is defective by its design or has a defect in how it was made when it was manufactured. For example, a defective design might exist when a product has an unreasonably dangerous design, such as a stroller that too easily tips over. A manufacturing design might exist when a piece was left out when it was built, thereby creating a danger. A product could also be defective because the safety warnings are inadequate to warn the consumer of a potential danger associated with the product.

New Study Shows Injury Risk Posed by Strollers and Baby Carriers

A new study shows that over 17,000 children are treated in emergency rooms every year for stroller and baby carrier-related injuries. According to one news source, the study, conducted by the Center for Injury Research and Policy at the Nationwide Children’s Hospital, looked at emergency room visits from 1990 to 2010. It found that over these years, almost 361,000 children had been treated for such injuries. This equates to about two children an hour, or around 50 children per day.

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Published on: September 9, 2016

Oregon Residents File Toxic Chemical Class Action Against Recognized Polluter

By Moll Law Group

A new lawsuit brought by a group of Oregon residents claims that Precision Castparts has released heavy metals and toxic chemicals into public areas. The class action complaint claims that the residents have been exposed to “hot spots” of these carcinogenic materials. The lead plaintiff in the lawsuit alleges that the company, which makes aircraft parts and engine parts, has emitted substances like arsenic and nickel, thereby contaminating businesses, homes, and public areas. If an individual is exposed to dangerous levels of arsenic and nickel, a number of devastating health conditions may result, including lung damage, nerve damage, and birth defects.

The complaint states that roughly 5,000 homes within the area have been exposed to toxic chemicals and that they will continue to suffer this exposure even if the company ceases its allegedly tortious activity. The named plaintiffs consist of four individuals who each live within one mile of the defendant’s business location. They allege that they have been deprived of the use and enjoyment of the area surrounding their homes as a result of the airborne contamination and that they have incurred damages as a result of having to purchase air filtration systems.

In a 2013 study performed by the University of Massachusetts, the company was deemed the worst industrial air polluter in the United States. Both the Oregon Department of Environmental Quality and the U.S. Forest Service have issued studies that name the defendant as one of the biggest polluters in Portland, stating that the company was responsible for much of the contamination in the citywide area. To reach this conclusion, the agencies performed tests on samples of moss from trees within the area. Since moss absorbs ambient pollutants from the surrounding air, it is a good indicator of the amount of toxic chemicals in the air.

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Published on: September 7, 2016

Plaintiff’s Claim Against Paramedic Driver Not Subject to Medical Malpractice Rules

By Moll Law Group

In a recent case out of California, a man was injured in an accident with another car, driven by a paramedic supervisor. The paramedic was driving his employer’s truck on the way to the location of an injured victim when the accident occurred. The injured driver subsequently filed a negligence lawsuit against the paramedic. The state’s laws required that lawsuits against health care providers for “professional negligence” be filed within one year of the injury date. In this case, the man’s case was filed past the one-year filing date. As a result, the court found that the claim was time-barred.

However, a case from that state’s supreme court found that the time period applied only to negligence actions that resulted from services provided by virtue of being health care professionals—or in rendering medical care to patients. Thus, in this case, while the paramedic was a medical professional, the accident did not result from negligent medical care. The paramedic was required to drive the car with reasonable care because he was driving a car, not because he was providing health care to a patient because he was a paramedic. Thus, the decision was reversed, and the case was able to proceed.

Medical Malpractice Statutes of Limitations in Illinois

Every individual who files a claim has to consider the relevant statute of limitations. The statute of limitations refers to the time during which a claim must be filed. The time varies for different claims and depending on where the claims are filed.

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Published on: September 2, 2016

Hawaii Hepatitis A Outbreak Update

By Moll Law Group

The number of individuals who have been affected by the recent outbreak of Hepatitis A in Hawaii continues. The outbreak has been linked to a seafood importer and a sushi chain. A class action lawsuit has been filed against both entities, alleging various claims against them. According to the Hawaiian state health departments, the number of individuals who have contracted Hepatitis A as a result of the outbreak has climbed to 228. Based on this and other information regarding the outbreak, the estimated number of individuals who could end up contracting Hepatitis A or who have been exposed to Hepatitis A could reach 10,000.

The restaurant chain involved in the incident is called Genki Sushi, while the distributors involved include Koha Foods and Sea Port Products Corp. According to the Food and Drug Administration, scallops provided by the distributor and served by the restaurant were contaminated with Hepatitis A. The federal food safety agency has advised anyone who has eaten at Genki Sushi or who may have come into contact with an employee or someone related to the restaurant to seek medical care as soon as possible.

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Published on: September 1, 2016

Kentucky State Attorney General Files Suit Against Ethicon Over Transvaginal Mesh Product

By Moll Law Group

A number of states’ attorney generals are taking action against Johnson & Johnson and its subsidiary Ethicon regarding the companies’ vaginal mesh products. In May 2016, California and Washington sued Ethicon, claiming that the company engaged in deceptive marketing practices when it came to failing to disclose the potential dangers and health consequences associated with using transvaginal mesh products. Now, Kentucky has joined the fray, suing Ethicon on behalf of all residents in the state.

According to the complaint filed by the Kentucky attorney general, over 15,000 female patients were implanted with an Ethicon transvaginal mesh product without sufficient disclosures from J&J about the potential side effects that could result. This prevented the women from making informed decisions about whether to proceed with the implantation.

In a statement regarding the lawsuit, Kentucky Attorney General Andy Beshear said, “My office has talked to victims whose lives have been devastated by this company’s deceitful practices. We may not be able to give them back the lives they once had, but my office will do everything we can to hold this company accountable.”

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Published on: August 31, 2016

Court Finds Car Insurance Company’s Policy Ambiguous and Finds in Favor of Injured Mother

By Moll Law Group

In a recent case, a woman and her two children were injured in a car accident with another motorist. The woman filed a lawsuit against the other driver for their injuries. More than three years after the car accident, the woman amended her complaint to add a claim against her insurance company, since she believed that the other driver’s policy would not fully cover her damages.

The insurance company’s policy required claims to be filed within three years of the accident, so the insurance company argued that the claim was barred because it was filed after more than three years. The woman put the insurance company on notice about two years after the accident that she would likely pursue an underinsured motorist claim. Yet she did not file it until later, when she believed the other driver’s policy would be insufficient after pursuing the lawsuit against the driver.

In a recently released opinion, the state’s supreme court held that the claim was not barred. It explained that while the insurance company’s policy required lawsuits to be filed within three years, the insurance company also had a policy that it would only pay if the underinsured motorist’s insurance had been exhausted. Therefore, insured individuals were being told to file a lawsuit within three years, but at the same time they were being told not to file a lawsuit until other avenues were exhausted. The court explained that these two policies were in direct conflict with each other, and thus the policy was ambiguous. As a result, the court interpreted the terms in favor of the insured, allowing the case to continue against the insurance company.

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Published on: August 30, 2016

Nebraska Farmers Sue Monsanto, Claiming Roundup Caused them to Develop Cancer

By Moll Law Group

Monsanto is a major chemical producer that primarily provides chemical inputs to farmers and other agricultural operations. One of its most common products that can even be found in some urban dwellers’ pantries is Roundup, a chemical used to kill certain weeds. The main ingredient in Roundup is glyphosate. This chemical is applied to genetically modified crops that are engineered to withstand Roundup, allowing the chemical to kill other weeds and unwanted plants.

According to the World Health Organization’s International Agency for Research on Cancer, glyphosate is “probably carcinogenic to humans.” In response to many of these claims and other criticism over glyphosate’s allegedly harmful attributes, Monsanto insists that Roundup is “safe enough to drink.” In 2015, Monsanto reported receiving $4.8 billion in sales from Roundup alone.

A recent lawsuit is challenging Monsanto’s claims regarding Roundup’s safety. According to four farmers from Nebraska, the chemical has caused them to develop non-Hodgkin’s lymphoma. This disease is a form of cancer that originates in the lymphocytes that comprise a part of the body’s immune system. These lymph nodes and other lymphatic tissue like the spleen and bone marrow are a vital part of the body and can act as a conduit to spread cancer cells elsewhere.

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Published on: August 30, 2016

Granjeros De Nebraska Demandan A Monsanto, Alegando Que ‘Roundup’ Les Causó Desarrollar Cáncer

By Moll Law Group

Monsanto es un importante productor químico que principalmente proporciona insumos químicos a los agricultores y otras operaciones agrícolas. Uno de sus productos más comunes que incluso se puede encontrar en las despensas de algunos habitantes urbanos es Roundup, un producto químico usado para matar ciertas malas hierbas. El principal ingrediente de Roundup es el glifosato. Este producto químico se aplica a los cultivos modificados genéticamente que son diseñados para soportar Roundup, permitiendo que el producto mate a otras hierbas malas y plantas indeseables.

Según la Agencia Internacional para la Investigación del Cáncer de la Organización Mundial de la Salud, el glifosato es “probablemente cancerígeno para los seres humanos.” En respuesta a muchas de estas afirmaciones y otras críticas sobre los atributos supuestamente dañinos del glifosato, Monsanto insiste en que Roundup es “suficientemente seguro para beber.” En 2015, Monsanto reportó recibir $ 4.8 mil millones únicamente en ventas de Roundup.

Una demanda reciente está desafiando las afirmaciones de Monsanto sobre la seguridad de Roundup. Según cuatro agricultores de Nebraska, el producto químico les ha causado el desarrollo de linfoma tipo no Hodgkins. Esta enfermedad es una forma de cáncer que se origina en los linfocitos que forman parte del sistema inmunológico del cuerpo. Estos ganglios linfáticos y otros tejidos linfáticos como el bazo y la médula ósea son una parte vital del cuerpo y pueden actuar como un conducto para propagar las células cancerosas a otros lugares.

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