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A recent class action lawsuit has been filed against international fast food restaurant McDonald’s after reports surfaced indicating that at least 1,000 customers were exposed to the hepatitis A virus at one of the defendant’s restaurants. In general, HAV is a virus or infection that can lead to liver disease and liver inflammation. It can also cause severe flu-like symptoms, including fevers. If untreated, HAV can lead to jaundice and other severe complications.

On November 13, 2015, the New York State Department of Health, in collaboration with the Seneca County Health Department, issued an announcement stating that any customers who visited McDonalds’ restaurants in the area between October 31, 2015 and November 8, 2015 may have been exposed to the Hepatitis A Virus (“HAV”) through a McDonald’s employee. According to the announcement, any individuals who patronized the restaurant during that period and either consumed food or drink could have contracted the contagious disease.

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According to a news report, there is a movement afoot in Naperville intended to warn residents of the risk of addiction to prescription painkillers. The movement is being led by two local non-profit organizations, with the cooperation of the Naperville Police Department and local teen activists.

The awareness campaign will kick off with teenagers passing out brochures and flyers at Naperville pharmacies, libraries, and community centers. The informational materials will explain the risk of addiction to prescription painkillers while simultaneously reminding residents of Naperville’s “drug drop boxes.” The drop boxes have been placed in the city’s fire stations and are designed to encourage residents to dispose of unused prescription painkillers. In just 18 months, the drop boxes have been filled with over 1,000 pounds of unused prescription medications.

Naperville’s effort to alert residents to the dangers of prescription drugs comes on the heels of a report issued by the U.S. Drug Enforcement Agency about the addiction risks associated with prescription medications. According to the report, the interplay between prescription drugs and heroin addiction is the single most “significant concern” in the fight against substance abuse across the nation. Approximately 120 people die each day in America from overdoses.

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According to a newly published report, patient safety varies significantly among hospitals across the country. Significant variations also occur within states, with Illinois being no exception. The company that conducted the study also stated that over 400,000 people die each year due to preventable hospital errors in the United States.

The company collected data related to 28 safety measures to determine how effective hospitals are at ensuring the safety of their patients. Hospitals were scored and graded based on how well they guarded against unnecessary medical errors, accidents, injuries, and infections. In the report, hospitals could receive a grade of anywhere from “A” to “F.”

Using individual hospital ratings, the company was also able to determine which states provide the safest hospital care. By comparing the number of highly rated hospitals in a state with the total number of hospitals in that state, the company was able to compare hospital safety on a state by state basis. Overall, Illinois hospitals ranked sixth nationally in patient safety.

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According to a news report, a woman recently filed a lawsuit in Cook County Circuit Court against an Illinois surgeon and hospital for medical malpractice. The surgeon operated on the lumbar, or lower, portion of the woman’s back. Two other defendants are also named in the lawsuit.

According to the lawsuit, the woman suffered neurological damage during the surgery as a result of the negligence of the defendants. Specifically, the woman is alleging that the defendants improperly utilized retractors during the lumbar surgery, and that they failed to take reasonable measures to protect the nerves in her lower back from surgical damage. The patient is also alleging that the defendants failed to timely recognize the nerve damage caused by their actions during the surgery and to accurately diagnose her condition.

The patient is suing each defendant for a minimum of $50,000. As a result of their actions, she is seeking compensation for both economic and non-economic damages. Generally speaking, economic damages refer to out-of-pocket medical expenses, lost wages, and lost future income, while non-economic damages relate to an injured patient’s pain and suffering, emotional distress, and overall loss of enjoyment in life.

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When a lawsuit involving a defective product or pharmaceutical involves punitive damages allegations, many defendants will attempt to offer evidence to mitigate any potential award of punitive damages against them. In litigation against Wright Medical Technology and Wright Medical Group involving its allegedly defective hip implant devices, the defendants have offered evidence designed to persuade the jury members that punitive damages awards are not necessary.

According to a recent decision from a federal district court in Atlanta, however, the court granted the plaintiff’s motion in limine seeking to exclude the defendants’ evidence. The excluded evidence consisted of testimony regarding the availability of implant devices and the financial cost of these devices, in addition to evidence about the impact that a large punitive damages award would have on the defendants’ likelihood of successfully competing in the market. It also indicated that layoffs may result if a large punitive damages award was levied against them.

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A 43-year-old man from Willowbrook was killed when a van he was riding in flipped over and landed in a pond east of Interstate 57, near Tolono. His wife, also from Willowbrook, was driving the van when the accident occurred. Eight other passengers in the van were injured during the accident, including the driver. Only one of the other eight passengers was injured critically. The rest sustained non-life-threatening injuries.

According to a local news report, the van was traveling north on Interstate 57 when the driver lost control. The van then veered off the interstate before rolling over several times and coming to rest upside down in the pond. Police indicated that all of the van’s passengers were wearing seat belts at the time of the accident.

Firefighters from Tolono, Savoy, and Pesotum all provided assistance at the site of the accident, as did divers from the Cornbelt Fire Protection District in Mahomet. No firefighters or divers were injured in their rescue efforts.

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According to news reports, a lawsuit has been filed against a nursing home in Joliet relating to the death of a woman who resided at the nursing home in 2013. The lawsuit was filed by the administrator of the deceased’s estate. When a person dies, an administrator is charged with determining the assets of the deceased and distributing those assets in accordance with his or her wishes. The lawsuit was filed in Cook County Circuit Court.

< The lawsuit alleges that the nursing home did not follow medical orders relating to the woman’s care, and this failure was a cause of her death. According to the lawsuit, the woman’s treating doctor ordered that she be turned every two hours while at the nursing home to avoid bed sores. The doctor also ordered that a specific cream be used for the same purpose. However, the lawsuit states that there are no notes from the nursing home indicating that the deceased was ever turned or that the cream was used on her skin. Records from the nursing home indicate that the woman had two open sores on her skin, but there is no indication in the records that the sores were ever treated while she was a resident at the nursing home. Continue reading →

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A Tennessee-based medical device company has issued a recall for a prosthetic part used in hip joint replacement surgeries. According to one news source, the recall is a Class I recall. Class I recalls are issued when there is a reasonable probability that continued use of the device will cause serious health problems or even death.

The part is one of three prosthetic parts used in a total hip replacement surgery. According to the U.S. Food and Drug Administration, the part has been fracturing more than anticipated after surgical implantation. If a fracture occurs, patients may suffer from an array of symptoms, including pain, instability, and trouble walking. Fractures may also require emergency surgery to replace and repair the broken part. This is called revision surgery, which is often more complex and risky than original hip replacement surgery.

As a result of the recall, the company has informed product distributors, hospital personnel, and surgeons to cease selling and using the recalled part. The company has also recommended that patients immediately contact their doctor if they experience sudden pain, instability, difficulty walking, tingling, or a loss of feeling in the surgical leg. For patients not experiencing any of these symptoms, the company does not recommend following up with a medical professional at this time.

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Although every injury involving a medical device is stressful and devastating, many women have experienced deeply personal emotional and physical pain as the result of defective transvaginal mesh products. Injuries arising from these products can lead to severe and long-lasting complications, often requiring a series of surgeries or procedures to address the internal damage.

In a September 2014 West Virginia case involving Johnson & Johnson’s Ethicon vaginal mesh product, the jury awarded $3.27 million to the plaintiff. In the lawsuit, the plaintiff alleged that the company failed to adequately warn her about the dangers and permanent injuries that can arise from use of the mesh. One year earlier, the company faced an $11 million jury verdict in a New Jersey-based trial over Ethicon.

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The National Highway and Traffic Safety Administration (“NHTSA”) has released a statement indicating that it has fined Japanese airbag manufacturer Takata $200 million for mishandling the recall of its airbag inflators, which have been linked to at least seven deaths of Americans. On May 19, 2015, the United States Department of Transportation (“DOT”) issued a statement indicating that Takata had identified a number of defects in some of its airbag inflators. According to reports, the affected inflators were constructed with a propellant that is subject to degrading over time, leading to ruptures that can cause serious injury or even death.

On June 5, 2015, the NHTSA initiated a formal administrative proceeding against Takata, referred to as the Coordinated Remedy Program Proceeding. The purpose of this action was to determine whether the NHTSA should implement an accelerated remedy approach to addressing the millions of defective Takata airbag products contained in American vehicles. The NHTSA has the authority to require vehicle manufacturers to accelerate repairs on recalled vehicles pursuant to the TREAD Act, passed in 2000. The acceleration can only be ordered when the agency determines that there will be a risk of serious injury or death if the remedy process is not accelerated.

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