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Personal Injury Law

Illinois Injury Lawyer Blog Illinois Injury Lawyer Blog

A legal blog that covers Illinois personal injury and accident topics including car accidents, medical malpractice, and nursing home abuse. Published by Injury Lawyers Levin & Perconti.

Post Frequency: 11.9/day

Last Entry: April 01, 2011 at 11:59:47

Recent Entries: 1258

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Chicago-area woman files personal injury lawsuit against party hosts

Posted on April 04, 2009
An Illinois woman injured at a birthday party by a metal piñata bat has filed a personal injury lawsuit against the hosts of the party. The Illinois personal injury victim was at a birthday party where children were participating in a piñata game when the bat slipped out of a participant?s hands and struck the victim in the forehead...


House approves FDA regulation of tobacco products

Posted on April 03, 2009
We at Levin & Perconti recently blogged about the possible FDA regulation of tobacco and yesterday ? the regulation finally became a reality. The measure, passed 298-112, gives the Food and Drug Administration authority to regulate ? but not ban ? cigarettes and other tobacco products...


Motorcycles and ATVs likely subject to lead law

Posted on April 03, 2009
Manufacturers of motorcycles are likely to be subject to the new anti-lead law that has kept dirt bikes and ATVs for kids off of the showroom floors. Staff at the Consumer Product Safety Commission have decided against recommending an exemption for ATVs and dirt bikes...


Chicago-area boy dies following near-drowning

Posted on April 02, 2009
A Chicago-area boy has died after nearly drowning earlier last week in an Indiana pool. The 4 year-old died at the University of Chicago hospitals. The Cook County Medical Examiner did not release the name of the 4 year-old drowning victim. To read more about the Chicago-area drowning victim...


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Deadline for AAJ Public Service Award: April 25

Posted on April 02, 2009
Nomination deadline for the Steven J. Sharp Public Service Award is approaching on April 25. The award, administered by the American Association for Justice, is annually presented to personal injury attorneys and clients whose cases embody the American civil justice system...


Lawsuit filed after Illinois boy?s drowning

Posted on April 01, 2009
An Illinois family has filed a wrongful death lawsuit against an Illinois condominium after a boy drowned in a pool. The Illinois boy and some other kids had jumped a fence to swim. The personal injury lawsuit alleges that the management company and condo association maintained unsafe and inadequate pool enclosures...


Law firms seeking potential drywall personal injury plaintiffs

Posted on April 01, 2009
At least thirty personal injury law groups have either filed product liability claims or are recruiting personal injury plaintiffs to file claims over allegedly defective Chinese-made drywall. Other firms are seeking to represent defendants in the personal injury claims...


Contradictions found in report on fallen bridge

Posted on March 31, 2009
An engineering firm hired by personal injury attorneys for the victims of the bridge collapse says that the cause of the disaster was the failure of a beam. The findings of the engineering firm contradict the conclusion reached by the National Transportation Safety Board...


Bill aimed at allowing greater access to justice passes House

Posted on March 31, 2009
A state House has approved three bills introduced by Democrats that would allow for drug liability lawsuits to be filed against pharmaceutical companies. The bill faces a strong opposition in the Senate. The current law protecting pharmaceutical companies is unfair to consumers and the bill, if passed, would allow greater accountability for drug liability...


Big Dig accident settlement reached

Posted on March 30, 2009
Final personal injury lawsuit settlements were reached with two companies involved in the 2006 Big Dig tunnel ceiling collapse. The construction accident killed one woman when her car was crushed by the tunnel ceiling panels. The construction accident instigated the shutdown of multiple tunnels and ramps in the area...


Case Law Update: Legal Malpractice

Posted on March 30, 2009
TIG Insurance Company v. Canel, No. 1-08-1251 (3/24/09) affirmed the trial court's order staying trial of declaratory judgment action by insurance company against insured law firm, pending the outcome of legal malpractice action, is immediately appealable pursuant to SCR 307(a)(1); because the stay is in the nature of an injunction...


CDC says that lead based ink poses little danger

Posted on March 29, 2009
Stay calm, says the Centers for Disease Control and Prevention, those vintage books you have are probably not hazardous to your children. Nevertheless, a new federal law banning more than minute levels of lead in most products intended for children under the age of 12 has prompted at least two libraries to pull children?s books printed before 1986 from their shelves...


BPA ban on the horizon?

Posted on March 29, 2009
Polycarbonate is about to disappear from infant products because of concerns about the product safety of bisphenol A (?BPA?). The bans appear to be coming out of nowhere, but scientists have actually been persistently pushing for the product safety bans...


Case Law Update: Summary Judgment in Worker?s Compensation

Posted on March 29, 2009
Herman v. Power Maintenance & Constructors, LLC., No. 4-0800509 (2/19/09) reversed a decision and ruled that because of the doctrine of judicial admissions is not intended to punish unintentional mistakes and confusion, plaintiff's misstatement at first summary judgment hearing that plaintiff's cause of action accrued when defendant initially laid plaintiff off will not be treated as a judicial admission...


Bill seeks FDA regulation of tobacco products

Posted on March 28, 2009
A products liability bill in Congress right now seeks to grant the FDA authority to regulate tobacco products. The bill is called the ?Family Smoking Prevention and Tobacco Control Act? and has bipartisan support. Supporters of the bill state that it is necessary because tobacco use is the leading preventable cause of death in the U...


Case Law Update: Counter Claims in Arbitration

Posted on March 28, 2009
A. Bauer Mechanical, Inc. V. Joint Arbitration Board of the Plumbing Contractors? Association, Nos. 06-3936 et al. Cons. (3/25/09) is a seventh circuit decision that found that the district court did not err in granting defendant's motion for default judgment on its counterclaim to enforce arbitration award where plaintiff failed to file response to counterclaim that had been attached to motion seeking leave to file same instanter...


Food industry lobbies against fee for more inspections

Posted on March 27, 2009
The food industry recently launched a lobbying blitz as the House inches towards legislation bolstering food safety regulation. Food companies embrace some new rules because they have lost a lot of money following recalls, including the recent salmonella outbreak that caused personal injuries to nearly 700 people and has been linked to nine wrongful deaths...


Drug industry advocates support splitting the FDA

Posted on March 27, 2009
Following the peanut salmonella outbreak, momentum is building to rework the FDA. The push is receiving support from pharmaceutical companies hoping for faster approval for new medicines. Drug advocates are allying with some of their longtime critics, pushing for a split in the FDA, with one division for food safety and one for medical products...


Legislative Update: Statute of Limitations and Death

Posted on March 27, 2009
Illinois Senate Bill 1716 makes three changes to provide statutory guidance if a potential defendant dies before an action is filed to ensure that a statute of limitation does not bar a meritorious claim. The first one makes it explicit that subsection (b) of Section 13-209(b) applies if a tortfeasor dies "before an action is filed against him or her" by simply adding those exact words to codify Gaddy v...


Jury awards $10.2 million in personal injury lawsuit

Posted on March 26, 2009
Jurors have awarded $10.2 million to a 28 year-old personal injury victim who was left a quadriplegic when he was stabbed with an ice pick and stomped in the neck in a brawl watched by a security guard who took no action. The jurors found that the security company was negligent and that its negligence caused the victim?s personal injuries...


Man with polio wins $22.5 million product liability lawsuit against drug maker

Posted on March 26, 2009
A man who contracted polio while changing his daughter?s diaper thirty years ago has won a multimillion dollar product liability lawsuit against the pharmaceutical company. The personal injury lawsuit alleged that the oral vaccine contained a live virus that passed through the child?s body and infected the victim while he was changing her diaper...


Multimillion dollar award issued in Illinois car crash lawsuit

Posted on March 26, 2009
An Illinois jury awarded $23.75 last week to victims who received personal injuries in an Illinois car crash involving three cars and a tractor-trailer. Two people died in the Illinois car crash, one received serious personal injuries, and others were hurt...


Are pool drains safe for kids yet?

Posted on March 25, 2009
With summer fast approaching, we at Levin & Perconti are concerned whether pool drains are safe for kids yet. Last summer, numerous reports surfaced that public pools lacked the proper product safety. A recent AP article addressed that nearly three months after a federal deadline to make public swimming pools safer, many have yet to be fitted with equipment aimed at preventing product liability and keeping children safe from powerful and sometimes deadly suction of drains...


Warnings on Acai weight loss online get stronger

Posted on March 25, 2009
The Center for Science in the Public Interest, a watchdog group, is saying that online Acai credit card rip-offs are reaching new levels. First, in terms of weight loss that the dietary supplement promises, there is no reason why a fruit like this would have any particular effect...


Juries should be able to make decisions on product safety

Posted on March 24, 2009
The U.S. Supreme Court in Wyeth v. Levine has cleared the way for injured consumers to seek redress in state courts for alleged defects in products ranging from prescription drugs to cars. A recent op-ed argues that this product liability decision took account of the real world, where the FDA is understaffed and hard presed to monitor the safety of 11,000 drugs on the market...


Case Law Update: Pre-emption in Pharmaceuticals

Posted on March 24, 2009
In Wyeth v. Levine, the Supreme Court of the United States voted 6-3 that federal approval of labels giving warnings about the effects of drugs does not bar lawsuits under state law claiming inadequate warnings of the health risk. The defendant argued that state court should be preempted by federal law...


Builders brace for lawsuits over odor-emitting drywall

Posted on March 23, 2009
Levin & Perconti has blogged on this odor-emitting drywall before and now builders are bracing for personal injury lawsuits. Recently, tainted Chinese-made drywall emitted sulfuric fumes that corroded the unit?s coils and raised an occasional stink. At no charge, the company has agreed to strip out the low-quality drywall and replace it...


Case Law Update: Product Liability in Weapons Case

Posted on March 23, 2009
Adames v. Sheahan, No. 105789 & 105851 cons (3-19-09) found that the appellate court erred when it concluded that evidence was sufficient to find that police officer's negligent storage of his service weapon at home, resulting of the death of a child when he was shot by the officer's son, was committed in the course of his employment...


Case Law Update: Removal in Medical Expenses Case

Posted on March 22, 2009
Pollitt v. Health Care Service Corp, No. 08-3509 (3/10/09) is a seventh circuit decision that decided that in state-court action seeking recovery under state-law theories of bad-faith conduct on part of defendant-insurer, which in turn sought to recover medical expenses paid by defendant on behalf of plaintiff's son, Dist...


Product liability lawsuit takes aim at zinc in denture creams

Posted on March 22, 2009
Product liability attorneys have filed a personal injury lawsuit aganst two makers of denture fixation creams. The product liability lawsuits allege that the products have high zinc levels that could lead to neurological problems. To read more about the zinc product liability lawsuit...


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