Illinois Injury and Mass Tort Lawyer Blog

Published on: November 14, 2015

Medical Device Manufacturer Recalls Hip Replacement Part

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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Published on: November 13, 2015

Transvaginal Mesh Lawsuit Update

By Moll Law Group

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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Published on: November 12, 2015

NHTSA Fines Defective Airbag Manufacturer Takata $200 Million

By Moll Law Group

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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Published on: November 9, 2015

California Court Dismisses Class Action Alleging Use of Term “Handcrafted” Was Misleading

By Moll Law Group

Earlier this month, a California federal court dismissed a class action lawsuit seeking to recover damages from the makers of Jim Bean, claiming that the company violated state consumer protection laws by labeling some of its whiskey and bourbon products as “handcrafted.” Dating back to the 1820s, bourbon is a type of whiskey. The term bourbon reached pervasive usage during the 1870s. Today, the Kentucky Distillers’ Association reports that roughly 95 percent of the world’s supply of bourbon is produced in Kentucky.

In Welk v. Beam Suntory Import Co., the plaintiffs’ complaint asserted claims under California’s consumer protection laws, including the False Advertising Law (FAL) and the Unfair Competition Law (UCL). In response to the complaint, the defendant filed a motion to dismiss, claiming that under the state’s safe harbor doctrine, the company is insulated from state law claims due to its compliance with federal labeling laws. The company also alleged that the plaintiffs failed to state a claim because the plaintiffs did not allege any facts showing that a reasonable consumer would find the label misleading. Also, the defendant contended that the economic loss doctrine prevented the plaintiffs from pursuing the claim for negligent misrepresentation.

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Published on: November 7, 2015

Medical Device Likely Contributed to Surgery-Related Deaths

By Moll Law Group

According to news reports, eight patients who underwent heart bypass surgery at a Pennsylvania hospital most likely suffered bacterial infections because of a contaminated medical device used during the surgeries. The device is a heater-cooler unit used to control a patient’s blood pressure during open-heart surgery. Of the eight patients who were likely infected by the device, four died.

After a joint investigation with the Federal Centers for Disease Control and Prevention, the hospital announced that the infections were probably the result of the contamination of tap water used in the device. According to the hospital, the devices were not being cleaned in full compliance with the manufacturer’s guidelines. To prevent further bacterial contamination, the manufacturer now recommends that the devices be filled with filtered water and hydrogen peroxide and cleaned with bleach.

Patients undergoing bypass surgeries are more susceptible to infection. According to the U.S. Food and Drug Administration, there have been 32 reports around the world of infection or contamination relating to the medical devices. Even so, the total number of infections resulting from the device is not exactly known, since symptoms do not always surface immediately after surgery.

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Published on: November 6, 2015

Colorado Court Considers First Cannabis Product Liability Lawsuit

By Moll Law Group

While a number of states are moving to legalize the use of cannabis, manufacturers of products containing marijuana may not be entirely clear when it comes to understanding how product liability rules will apply to them. In the recent case of Flores v. LivWell, Inc., two marijuana consumers sued the defendant, claiming that a fungicide known as Eagle 20, a petroleum-based product, was used during the marijuana growing process. The plaintiffs sought to certify a class action against the Colorado-based defendant, one of the largest producers of cannabis in the state.

The plaintiffs alleged specifically that the company used Eagle 20 without adequately warning consumers of the potential side effects and dangers associated with the insecticide. According to their complaint, however, neither of the two plaintiffs alleged that they became ill or experienced any of the potential side effects after ingesting cannabis products they purchased from the defendant.

Eagle 20 is a controversial substance, especially when it comes to cannabis cultivation. The product is used to kill pests and mites that destroy crops. One of the main ingredients in the product is Myclobutanil, which breaks down into hydrogen cyanide–a poison–when subjected to heat. The product is permitted for use in vegetation that will not ultimately be inhaled. As a result, the Colorado Department of Agriculture has banned the use of Eagle 20 for tobacco crops because the end use for tobacco and similar plants is inhalation.

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Published on: November 5, 2015

Cryotherapy Salon Employee Found Dead in Cryochamber

By Moll Law Group

A 24-year-old woman was found dead inside a cryochamber at a cryotherapy salon where she worked in Nevada. According to one local news article, the woman is believed to have suffocated inside one of the ice chambers at the salon.

In whole-body cryotherapy, a customer stands in a cylindrical or sauna-like chamber chilled to extreme sub-zero temperatures, often between minus 200 and minus 250 degrees Fahrenheit. The duration of time a person remains in the chamber varies, but it is generally very short — between two and three minutes. Users of cryotherapy tout its supposed healing properties, but at the present time it is unclear if the therapy is any more effective at reducing inflammation and accelerating muscle recovery than cold-water baths or traditional ice packs.

Authorities believe that the salon manager was stuck in the cryochamber for at least 10 hours before being found by other employees of the salon. Besides death, cryotherapy carries risks of frostbite and increased heart and breathing rates. As body temperatures drop, cryotherapy patients may also experience confusion, a loss of coordination, and even cardiac arrest, when the heart ceases to function properly and a person stops breathing and loses consciousness.

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Published on: November 4, 2015

Zofran Actions Consolidated in Multidistrict Litigation

By Moll Law Group

According to nationwide reports, families are bringing countless lawsuits against the makers of the drug Zofran and related substances, alleging that the use of the anti-nausea drug resulted in children being born with severe birth defects. As a result of the high number of Zofran and related drug lawsuits being brought, they have been consolidated in a multidistrict litigation, or MDL, in the District Court of Massachusetts in Boston. The United States Judicial Panel on Multidistrict Litigation has named the action MDL No. 2657, or In Re: Zofran (Ondansetron) Products Liability Litigation.

The prescription drugs Zofran, also known as ondansetron, and Zuplenz have been associated with severe and debilitating pregnancy complications and birth defects. Doctors initially prescribed the drugs to pregnant women to help curb the high levels of vomiting and nausea that pregnant women often experience. Studies have linked the drugs to birth defects, causing families who have suffered grave consequences as a result to bring lawsuits against the maker of the drug, GlaxoSmithKline, claiming that the company marketed the drug to the public without first obtaining appropriate U.S. Food and Drug Administration (“FDA”) approvals.

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Published on: November 3, 2015

Damages Caps in Medical Malpractice Cases Are Unconstitutional in Illinois

By Moll Law Group

In a landmark 2010 case, the Illinois Supreme Court decided that a cap on non-economic damages in medical malpractice cases is unconstitutional. In the case, the plaintiffs, a minor and her mother, sued a doctor and hospital for medical malpractice, alleging that the defendants’ negligence caused the daughter to suffer from severe and permanent injuries. The injuries included cerebral palsy, cognitive mental impairment, neurological damage, severe brain injury, and the need for a feeding tube, among others.

In the case, the Illinois Supreme Court was asked to decide if a law enacted by the Illinois General Assembly that limited non-economic damages against doctors and hospitals in medical malpractice actions was constitutional. Under the law, non-economic damages against doctors were capped at $500,000 and non-economic damages against hospitals and hospital personnel at $1,000,000. Non-economic damages included, but were not limited to, damages for pain and suffering, disfigurement, loss of consortium, and loss of society.

In its ruling, the court found that the statute, which was passed by the Illinois General Assembly, violated the state constitution’s separation of powers clause. The separation of powers clause reserves certain powers for each branch of government. In this case, the Court found that the General Assembly exceeded its power by passing the damages cap, since determinations about the appropriateness of a damages award is a power reserved for Illinois state judges, not lawmakers.

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Published on: October 31, 2015

Train Derailment in Chicago – How Safe is Our Public Transportation System?

By Moll Law Group

A Chicago Transit Authority Red Line train traveling south near the Granville stop at Broadway derailed around 2:00 pm on Halloween today in Chicago. Hundreds of passengers were stranded for over an hour until power was shut off. All passengers were eventually evacuated and escorted to safety. Fortunately, it seems no serious injuries or deaths occurred in this derailment. According to a local news source, only one person was transported to the hospital with a shoulder injury.

According to the Federal Railroad Administration Office of Safety Analysis, over 900 train derailments have occurred in the United States so far this year. Over 550 deaths and almost 6,000 serious injuries have been reported due to train accidents and incidents in 2015.

Derailments happen far too often and usually lead to serious injuries and deaths due to the lack of seat belts and other safety features missing on trains. Train derailment led to the deadly Santiago de Compostela train disaster that killed almost 80 people and injured over 150 in Spain. The data recorder proved that the high speed train derailed because the train was traveling twice the posted speed limit of 80 km per hour (50 mph) when it was entering a curve in the track. Conductor error is one of the most preventable causes of train accidents and train derailments.

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