Chicago Accident and Injury Lawyer Blog

Starting Tuesday, June 28, 2011, United States law will forbid anyone from selling or donating a crib that fails to meet what the Chicago Tribune has called "the toughest crib safety rules in the world."

According to the U.S. Consumer Product Safety Commission (CPSC), some of the new mandatory rules for cribs include:

(1) stopping the manufacture and sale of dangerous, traditional drop-side cribs; (2) strengthening mattress supports and crib slats; (3) requiring crib hardware to be more durable; and (4) making safety testing more rigorous.

Over the last year, the Chicago Accident and Injury Lawyer blog has expressed concerns over the numerous recalls of drop-side cribs, with CPSC now reporting that over eleven million drop-side cribs have been recalled in recent years.

Between November 2007 and April 2010, at least thirty six infants and toddlers have died because of crib structural problems. Thirty five of those crib fatalities occurred when crib components detached, disengaged, or broke ending in a tragedy that was entirely avoidable.

The new safety requirements are said to be "so stringent that few cribs in American homes — even those that have escaped recall after recall — are sturdy enough to pass them," wrote the Chicago Tribune.

When it comes to the safety of children, no corners should be cut. Despite the economic burdens that these new rules could impose on families, the new rules aim to address all major hazards that have killed infants in cribs in the past. You cannot put a price on your child's safety. Families should remove old cribs from their homes and purchase new ones, if possible.

CPSC will be monitoring eBay, Craigslist and other web sites that sell second-hand goods to make sure that older cribs are not sold. CPSC has the power to assess civil penalties against those who violate the law.

Continue reading " PARENT PATROL: CRIB-SAFETY CRACKDOWN " »

A taxi driver that "veered widly" on East Illinois Street, in Chicago, Illinois, struck and killed an innocent pedestrian just before 9 a.m., on Monday, June 27, reported the Chicago Tribune.

According to the Tribune, the taxi driver, who after the incident was reported to be in fair condition at Northwestern Memorial Hospital, was ticketed for driving too fast for road conditions and striking a pedestrian. The taxi driver's passenger suffered a broken leg and other unreported injuries.

This incident marks "the second time in two months that a pedestrian has been struck by a vehicle and killed near the busy intersection just east of Michigan Avenue." What's scary is that since 1998, the taxi cab driver had been convicted of numerous traffic violations and had been issued close to 30 traffic tickets for a number of violations.

The attorneys at the Law Offices of Jeffrey J. Kroll have experience suing negligent taxi cab drivers, and have secured millions of dollars in verdicts and settlements for their clients. In fact, Jeff Kroll obtained a $5.25 million dollar settlement for a Lake County woman, who was injured by a Yellow Cab taxi driver when he drove his cab across three lanes of traffic in an attempt to reach an exit. The woman suffered a brain injury and had difficulty with walking. At the time, the settlement was the largest with a cab company in the State of Illinois.

Last year, Jeff Kroll was interviewed by the Chicago Sun-Times regarding the insufficiency of most taxi cab insurance limits.

Continue reading " TAXI DRIVER KILLS CHICAGO PEDESTRIAN " »

The Chicago Tribune reported that the Illinois legislature has voted to keep summer construction going at full speed despite Governor Quinn's threat to discontinue construction projects for political reasons. "Under the measure, millions of dollars in road, school and sewer projects will continue as planned", the Tribune reported.

It is of the utmost importance to drive slowly in construction zones. Construction zones pose serious dangers to construction workers and motorists. They are particularly dangerous for workers due to the risks created by distracted and speeding motorists and commercial truck drivers.

Commercial truck drivers who become distracted by engaging in text messaging, emailing or phone conversations present a particularly dangerous risk to construction workers. According to the Federal Motor Carrier Safety Association (FMCSA), in 2009, over 3,000 individuals were killed in accidents involving large trucks and buses. Many of these death occurred as a result of commercial truck driver fatigue.

Anyone injured by a motorist or truck driver -- either while driving or as a pedestrian -- and/or the family members of anyone killed in an accident may sue the negligent driver for damages, including pain and suffering, medical costs, loss of income, disability and disfigurement. As with all personal injury claims, it is important to know that there are statutory time limits for filing an accident-related lawsuit. Contact a knowledgeable personal injury attorney immediately to become more informed of your rights.

Continue reading " SUMMER CONSTRUCTION ON ILLINOIS ROADS " »

"School bullies and children who are disruptive in class are twice as likely to show signs of sleep problems compared with well-behaved children, new research shows." Parker-Pope, The School Bully is Sleepy, June 2, 2011.

Over three hundred Michigan elementary school children were recently studied by way of collecting data on their sleep habits and behavioral issues via parents and teachers. The study, published in the journal Sleep Medicine, revealed "an association between sleep problems and bad behavior." As a parent, I am well aware of this connection. Ms. Parker-Pope of the New York Times' Health Blog, Well, reported that "other research has also found an association between behavioral problems and sleep apnea, a sleep disorder characterized by snoring and gasping for breath."

The Illinois school liability attorneys at the Law Offices of Jeffrey J. Kroll have experience representing students that have been bullied, harassed, hazed or otherwise physically or emotionally injured. We have represented a number of students that have been victims of bullying or hazing.

We know the physical and emotional damages that students suffer as a result of bullying or hazing. This conduct must be stopped.

This week, Chicago began its work on the Chicago Pedestrian Plan, what is touted to be the city's "first-ever comprehensive pedestrian plan." According to Jon Hilkevitch's Pedestrian Plan: City strives to be more pedestrian-friendly city, the Plan's

[p]ossibilities include pedestrian countdown timers at crosswalks that are becoming more prevalent citywide; curb bump-outs that improve safety by shortening the distance of crosswalks; and median islands that provide a safe place for pedestrians who find themselves in the middle of a crossing when traffic signals change.

"More than 3,000 vehicle crashes involving pedestrians — causing 34 pedestrian deaths — occurred in 2009 in Chicago, the most recent year data are available," wrote Hilkevitch. Chicago has a proportionally higher percentage of pedestrian fatalities due to hit-and-runs. (40 percent locally in contrast to 20 percent nationally).

Chicago is a vibrant city of approximately 2.7 million residents. It makes sense that pedestrians, like bicyclists, are likely to become severely injured if hit by a motorist. It is encouraging that the City of Chicago recognizes that pedestrian walkways need to be re-designed for their safety.

Continue reading " CAN CHICAGO REALLY BECOME A MORE "PEDESTRIAN-FRIENDLY CITY"? " »

A British juror, who had contacted an acquitted defendant using Facebook, has recently been convicted to eight months in prison.

Jeffrey J. Kroll has written and spoken about how disruptive jurors' internet use has proven to be in the United States. Here is an excerpt of his October 2010 article, which was featured in the Chicago Daily Law Bulletin, entitled "Jury Trials in the Digital World":

The New York Times-coined term "Google Mistrial" surfaced a serious discussion regarding the 6th Amendment’s right to an impartial jury and the use of the internet. In that publicized case, a judge found curious jurors Googling information in a Florida drug case. John Schwarz, As Jurors Turn to Web, Mistrials Are Popping Up, N.Y. Times, Mar. 18, 2009. This seems to be just the beginning of a potential trend of juror misconduct. Recently, a Detroit-area judge removed a juror who posted to her Facebook page that the defendant was guilty. Seemingly innocent, but the scary truth was that the trial was still pending. The punishment for this action: A finding of contempt of court, a $250 fine and an essay on the Sixth Amendment. This is just one of many examples available by simply Googling “jurors, internet, news.

In England, the Judge who sentenced the juror stated:

Her conduct in visiting the internet repeatedly was directly contrary to her oath as a juror, and her contact with the acquitted defendant, as well as her repeated searches on the internet, constituted flagrant breaches of the orders made by the judge for the proper conduct of the trial.

Here, back home in the United States, not unlike everywhere else around the world, the internet is widely available and a seemingly all-encompassing resource. Instructing jurors to avoid internet activity relevant to a case is probably only mildly effective. But, it is a start. The internet is simply too tempting and convenient. In Illinois, jurors have a duty to resolve cases based on the evidence presented in court and their reasonable inferences drawn from that evidence. See I.P.I. 1.01. At the end of the day, however, the juror's oath is all we have. It is our duty to reinforce the importance of that oath in light of the breadth of information available on the internet.

With last weekend's World Naked Bike Ride in Chicago, I'm pretty sure many of us were thinking, "Is that safe?" While I do not envision a naked bike ride in my future, I do often have bike safety on my mind, thanks to my two children. An article posted by My Fox Chicago, entitled "Bicycle Safety Isn't Child's Play Anymore," recently caught my attention. It stated:

While most people ride bikes recreationally, an increasing number of adults are riding their bike to work in order to improve their health, save money and reduce their overall carbon footprint. Therefore, despite conventional wisdom, children are not the primary victims of bicycle crashes. Of the 630 bicyclist deaths in 2009, 8 out of 10 were adults older than 21.

As a result, "the League of American Bicyclists and AAA have partnered on a campaign to encourage adult bicyclists to take five easy steps to safer riding.”

This is what they suggest:

Follow the Rules of the Road: Always ride with traffic, using the rightmost lane, obeying the same laws as motorists. Use hand and arm signals to indicate your intention to stop, merge or turn.

Be Visible: Ride where drivers can see you. Do not ride on the sidewalk. Wear brightly colored clothing at all times. At night, use a white front light and red rear light or reflector, and wear reflective clothing.

Be Predicable: Ride in a straight line and don’t swerve between parked cars. Make eye contact with motorists to let them know you are there.

Anticipate Conflicts: Always be aware of traffic around you and be prepared to take evasive action, exercising additional caution at intersections. Learn braking and turning techniques to avoid crashes.

Wear a Helmet: Helmets, when worn properly, are up to 85 percent effective in protecting the head and brain in the event of a crash. Should you crash, or have an impact that affects your helmet, replace it immediately. Fit matters: Wear your helmet level on your head, low on your forehead, with no more than two finger widths above your eyebrow.

Continue reading " BICYCLE SAFETY… IT'S NOT JUST FOR KIDS " »

The U.S. Consumer Product Safety Commission (CPSC) and Health Canada have recalled over 33,000 Bell Sports bicycle helmets, due to a defective chin strap that could cause the helmet to come off in the event of a fall or crash. According to CPSC, Bell Sports, of Scotts Valley, California, has received at least "one report of a buckle failing during an accident, resulting in an injury that required stitches below the wearer's eye."

The CPSC recall specifically targets the Bell Exodus full-face helmets with a plastic buckle on the chinstrap. The affected models have angled visors, were sold in youth sizes, and include Part/Model Numbers 1003825/035011898025, which were sold in orange/grey/black, and 1006714/035011917719, which were sold in blue/grey/gold/white/black.

Between August 2009 and March 2011, the helmets were available in Walmart stores nationwide and Amazon.com, costing between $50 and $60.

Bicyclists who fail to wear helmets are more likely to suffer head and neck injuries, including traumatic brain injuries, if they become involved in a collision with an automobile, bus or truck. Such injuries can cause lifelong pain, disability and even death.

The CPSC recommends that consumers stop using the helmets immediately and contact Bell Sports for a replacement or refund.

Continue reading " BICYCLE HELMETS RECALLED DUE TO REPORTED HEAD INJURY HAZARD " »

It's getting hot here in Chicago. No doubt, many are anxious to get to a swimming pool to cool off. While swimming pools are fun, they can also present dangers and cause injuries when the pool is not properly cared for or when children are not properly supervised. Pool injuries can result in drowning injuries, severe head and neck injuries and traumatic brain injuries, which can cause life-long neurological damage.

According to the Center for Disease Control:

Children ages 1 to 4 have the highest drowning rates. In 2007, among children 1 to 4 years old who died from an unintentional injury, almost 30% died from drowning. Fatal drowning remains the second-leading cause of unintentional injury-related death for children ages 1 to 14 years.

Premise liability law generally governs swimming pool injuries. The swimming pool owner owes their invitees a legal duty to protect against both obvious and latent risks that may cause injuries in and around a pool. Wet decks or other surfaces should be maintained to prevent slips and falls. No diving should be permitted in shallow depths. Random slips and diving injuries could cause life-long catastrophic injuries in a matter of seconds.

Continue reading " SWIMMING POOL INJURIES AND LIABILITY " »

This is a quote from the trailer of "Hot Coffee," a new HBO documentary that ventures into the U.S. justice system. No doubt, the phrase "hot coffee" now conjures up thoughts of the woman that sued McDonalds and won $2.9 million dollars. The case is now a part of our pop culture, as it has been the topic of many jokes and causes many to passionately decry personal injury suits, calling for tort reform. Of course, those who know the facts of the "hot coffee" case, are not laughing.

Ms. Liebeck, the plaintiff, suffered third degree burns after she spilled coffee on herself when -- as a passenger in a stopped car -- she attempted to add cream and sugar to her coffee. Initially, she attempted to settle the case with McDonalds to cover the cost of her medical bills, which included the costs associated with spending eight days in a hospital and undergoing skin grafting and debridement procedures. She suffered permanent disfigurement. Now, the documentary "Hot Coffee" (disclaimer: I have not seen the movie yet) promises to expose the facts of the McDonalds case, and those of other ordinary Americans, who have fought against big business, public relations firms that have attempted to make a mockery out of plaintiffs like Ms. Liebeck.

For years, large corporations and insurance companies have been spending millions to convince the public that personal injury verdicts and settlements are the reason why our economy is suffering. They are wrong. They have painted attorneys as greedy and untrustworthy. Those of us in the personal injury world have been attacked, while most of us truly fight to protect the rights of victims of negligence.

I am anxious to see the documentary “Hot Coffee.” I hope that it makes audiences aware of the pain and suffering that may personal injury victims suffer everyday and that it is as successful about prying into big business’s effect on the legal system as the recent documentary “Food, Inc.” was in terms of the food industry.

“Hot Coffee" will air on June 25 on HBO.

This time of year, graduation parties monopolize the social calendars of practically every Illinois teenager. Over the past two weeks, this blog has discussed various legal issues surrounding underage drinking in Illinois.

This discussion would not be complete without a look at The Drug or Alcohol Impaired Minor Responsibility Act, 740 ILCS 58/5 (2004), which imposes civil liability against “any person at least 18 years of age who willfully supplies alcoholic liquor or illegal drugs to a person under 18 years of age", impairing the minor, and causing injury or death. Specifically, the Act provides a cause of action for victims and/or their family members against anyone:

(i) who, by willfully selling, giving, or delivering alcoholic liquor or illegal drugs, causes or contributes to the impairment of the person under the age of 18; or

(ii) who, by willfully permitting consumption of alcoholic liquor or illegal drugs on non-residential premises owned or controlled by the person over the age of 18, causes or contributes to the impairment of the person under the age of 18.

740 ILCS 58/5 (2011). This means that any adult, who provides alcohol or drugs to a minor, who then becomes impaired, gets into a car and causes a collision which injures or kills the minor or anyone else, can be found liable under the Act.

The damages available under the Act are comprehensive, and include:

(1) economic damages, such as the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury and any other pecuniary loss proximately caused by the impairment of the person under the age of 18;

(2) non-economic damages, such as physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other non-pecuniary losses proximately caused by the impairment of the person under the age of 18;

(3) reasonable attorneys' fees;

(4) costs of suit, including, but not limited to, reasonable expenses for expert testimony; and

(5) punitive damages, if applicable.

740 ILCS 58/10 (2011).

The Act imposes a 2-year statute of limitation, which is the time period in which a victim or the family may file suit. As with any case involving injury or death, it is critical to contact a personal injury attorney as soon as possible after suffering a catastrophic event so as not to be barred by the statute of limitations.

Continue reading " SOCIAL HOST LIABILITY AND UNDERAGE DRINKING EXPLAINED (Part 2 of 2) " »

Chicago Accident and Injury Lawyer Blog recently discussed the Illinois Supreme Court case of Bell v. Hutsell, 2011 Ill. LEXIS 777 (2011), which failed to find Deerfield parents, who permitted underage drinking at their home, civilly liable for the death of an 18-year-old, who died in a car crash after leaving a party at their home. While the ruling may seem counterintuitive, especially with graduation season upon us, there should be no confusion that underage drinking is not legal, whether supervised by adult or not.

In terms of civil liability, Illinois does not provide a common law cause of action for injuries arising out of the sale or gift of alcohol to minors or those of legal drinking age. Instead, the Illinois Dram Shop Act, 235 ILCS 5/6-21, provides the only recourse in this area.

In fact, as unjust as it may seem, social host liability does not exists in Illinois under the common law or the Dram Shop Act. Legislative preemption in the field of alcohol-related liability extends to social hosts who provide alcoholic beverages to another person, whether that person is an adult, an underage person, or a minor. Charles v. Seigfried, 165 Ill. 2d 482, 651 N.E.2d 154 (1995) (plaintiffs had no cause of action against their social hosts, as the Dramshop Act does not provide for one). The rationale underlying the rule is that the drinking of the intoxicant, not the furnishing of it, is the proximate cause of the intoxication and the resulting injury. Id. at 486. The Charles court maintained: “As a matter of public policy, the furnishing of alcoholic beverages is considered as too remote to serve as the proximate cause of the injury.” Id.

There are theories of recovery that avoid preemption, however. For example, in Wakulich v. Mraz, 203 Ill. 2d 223, 785 N.E.2d 843 (2003), plaintiff alleged that two brothers provided alcohol to her 16-year-old daughter, Elizabeth, who became intoxicated, lost consciousness, and subsequently died. After consuming an entire bottle of alcohol, Elizabeth began "vomiting profusely and making gurgling sounds." 203 Ill. 2d at 227. The brothers removed her soiled blouse and placed a pillow under her head to prevent aspiration, but refused to drive her home or contact her parents, and "actually prevented other individuals at the home from calling 911 or seeking other medical intervention." Id. Elizabeth died the following day, after the brothers' father allegedly ordered them to remove her from the house. Id.

While the Wakulich Court maintained that defendants' liability was not contingent upon their status as social hosts, the Court found significant the allegations that defendants undertook to care for plaintiff's daughter, and thus were obligated to exercise due care in the performance of that undertaking. Id. at 242.

There is a "general proposition" that "where *** a host merely permits an intoxicated guest to 'sleep it off' on the host's floor, the host does not thereby assume an open-ended duty to care for the guest and assess the guest's medical condition." Id. at 243. However, the Wakulich defendants had done more, assuming a duty to Elizabeth, pursuant to Restatement (Second) of Torts §324, by their affirmative actions, taking "complete and exclusive charge of Elizabeth's care after she became unconscious." Id.

Last month, the Chicago Tribune reported on the dangers associated with the newest fad coming our way, trampoline parks. The Tribune reported that "16 ambulances have been dispatched for trauma ranging from broken ankles and dislocated shoulders to a head injury" at a trampoline facility in Carol Stream called Xtreme Trampolines. In response, the Niles Village Board approved an ordinance that requires trampoline centers "to have a Niles business license and follow a minimum set of requirements to protect the safety of those who use the service.” (Niles had been designated as the location for a new trampoline park.)

According to the Tribune, the "American Academy of Pediatrics … recommends against the use of trampolines other than in a supervised setting, such as in a gymnastics facility. It also warns against using trampolines as toys in the backyard and allowing children younger than 6 to participate."

Patrons of trampoline parks are typically required to sign waivers that release the owners of the park from liability. Many patrons do not understand the consequences of these waivers, and their enforceable-ability in court. While a release may not completely bar recovery, the best way to ensure your rights is to not sign the release in the first place.

These waivers, which Illinois law often recognizes as exculpatory agreements, were discussed in the 2010 case, Oelze v. Score Sports Venture, LLC, 401 Ill. App. 3d 110 (1st Dist. 2010). There, plaintiff filed an action for negligence and wanton and willful conduct after sustaining an injury while playing tennis at defendant's tennis club when she caught her foot in a rope ladder hidden behind a curtain. The trial court dismissed plaintiff's negligence count since plaintiff had previously signed a membership agreement which contained a statement releasing defendant from liability for any injuries that plaintiff might suffer while using defendant's equipment and facilities. The court also granted summary judgment to defendant on plaintiff's willful and wanton misconduct count.

In Illinois, it is legal for a party to enter into an exculpatory agreement (or release) to avoid liability for its own negligence so long the party does not use fraud to induce execution of the agreement and the agreement puts the signing party on notice of the range of dangers for which he/she will assumes the risk of injury. Id. at 117.

The signing party has a general duty to read documents before she signs them, and a failure to do so will not render the document invalid. Id.

In the Oelze case, the First District Appellate Court found no fault with defendant's exculpatory agreement, holding that the trial court properly dismissed plaintiff's negligence count against the defendant. However, the Court reversed the trial court on the issue of wanton and willful conduct because there was a question of fact regarding whether plaintiff's injury was the result of defendant's failure to exercise ordinary care to discover the ladder and prevent the danger it posed or was merely a result of defendant's inattentiveness.

Continue reading " TRAMPOLINE PARKS: MORE DANGER THAN FUN? " »

Chicago is a vacation destination. Around every corner, visitors can find interesting and appealing attractions and historical landmarks, from the Chicago River architectural tours to the Picasso at Daley Center Plaza. As one of the largest, and most beautiful cities in American (in my opinion), it is no wonder that Chicago has become a top spot for both tourism and business. In 2009, for example, Chicago attracted 39.5 million visitors, including 28.8 million domestic leisure travelers, 9.6 million business travelers and 1.13 million overseas visitors. Chicago Office of Tourism, 2009 Statistical Information.

While tourists come to Chicago to enjoy all that our fine city has to offer, no one ever expects to be involved in a life-altering automobile collision while on vacation. Unfortunately, with the hectic state of traffic in Chicago, visitors are often involved in automobile accidents while here. In such situations, visitors must understand the complexities of Illinois law and the avenues of compensation available to them. Illinois law may differ from the visitor's home state (or country) laws. With travelers involved, collision cases often become complicated due to out-of-state or out-of-country insurance companies, which often contract under a different system of justice, especially when a tourist is struck by a bus, cab or truck.

There are many issues to consider after an automobile collision, regardless of whether the victim is a tourist or not. As a result, any individual injured in car accident should consult an experienced Chicago personal injury attorney to identify the responsible party or parties, conduct an investigation and compile evidence. Numerous factors, such as insurance issues and monetary damages, require an in-depth analysis by an attorney with knowledge of Illinois law.

Continue reading " INJURED WHILE ON VACATION IN CHICAGO? " »

You may not be aware that Congress has in place a regulatory scheme, which establishes various levels of oversight for medical devices, depending on the risks that the devices present. Riegel v. Medtronic, Inc., 552 U.S. 312, 315 (2008). The levels of oversight are broken down into three classes of devices. Class I devices, which include items such as elastic bandages and examination gloves, are subject to the lowest level of oversight. Class II devices, which include powered wheelchairs and surgical drapes, are subject to additional "special controls," such as performance standards and postmarket surveillance measures. Id. Class III devices, which are subject to the highest form of federal oversight, include devices used “in supporting or sustaining human life or for a use which is of substantial importance in preventing impairment of human health." Bausch v. Stryker Corp., 630 F.3d 546, 550 (7th Cir. 2010).

Although there are some preemption issues in this area of the law -- meaning, in the simplest form, that federal law takes precedence over state law when it comes to how these devices are regulated -- courts must allow claims to proceed when they are premised on the theory that the manufacturer of the device violated federal law. The U.S. Supreme Court specifically stated in Riegel: Section “360k [of the federal Food, Drug and Cosmetic Act] does not prevent a State from providing a damages remedy for claims premised on a violation of FDA regulations…." 522 U.S. 312, 330.

This was exactly the case in Bausch v. Stryker Corp., 630 F.3d 546 (7th Cir. 2010), where plaintiff claimed she was injured by a medical device, specifically the Trident hip replacement system (“Trident system”), a Class III medical device. In her complaint, plaintiff alleged defendants manufactured the device in violation of federal law. Unfortunately, doctors implanted the device in plaintiff’s body six days after the FDA informed defendants that a component of the Trident system was “adulterated” and that the companies’ manufacturing process failed to comply with federal standards. Id. at 549.

Once implanted in plaintiff, the Trident system failed, requiring surgical removal and replacement of the product and leading to a host of serious and painful medical problems for the plaintiff. Plaintiff filed suit under Illinois common law for negligence and strict liability for a defective product. Id.

The United States District Court for the Northern District of Illinois dismissed the suit pursuant to Rule 12(b)(6) of the Federal Rules of Procedure, holding that the plaintiff’s common law claims were preempted by federal law. Id.

The United States Court of Appeals for the Seventh Circuit reversed the judgment, finding the District Court erred, and holding that plaintiff stated a legally viable claim based on an alleged violation of federal law. The Court firmly stated:

The central issue in this appeal is whether federal law preempts product liability claims against manufacturers of Class III medical devices where a patient claims that she was harmed by the manufacturer’s violation of federal law. That statement of the issue may be a little startling. The idea that Congress would have granted civil immunity to medical device manufacturers for their violations of federal law that hurt patients is, to say the least, counter-intuitive. Nevertheless, manufacturers in this case and in others have asserted this theory of defense.... [T]he manufacturer's theory tries to stretch the Supreme Court's decisions in this field beyond the boundaries that were made clear in those decisions. Medical device manufacturers who subject their Class III devices to the rigorous premarket approval process are protected by federal law from civil liability so long as they comply with federal law. That protection does not apply where the patient can prove that she was hurt by the manufacturer's violation of federal law.

Id. at 549-550.

Continue reading " CASES DEALING WITH MEDICAL DEVICES " »

At a conference discussing the human impact of road collisions, RTE News reported that “European research has found that depression, anger, anxiety attacks and suicidal feelings are more common in relatives of those disabled by road accidents than the victims themselves.” This ripple effect is not a surprising discovery since often the loved ones of those injured in car crashes have an overwhelming desire to help the injured family member, but become severely frustrated when they can do nothing to relieve the injured person’s residual pain and disability. Unfortunately, this emotional distress suffered by family members is not typically a compensable injury in Illinois.

The conference-goers also discussed another study of U.S. car crash victims “which found that two years after a collision 40% of victims had Post Traumatic Stress Disorder [PTSD] and 90% had developed driving difficulties.”

"The Psychological Impact of Litigation: Compensation Neurosis, Malingering, PTSD, Secondary Traumatization, and Other Lessons From MVAs," 55 DePaul L. Rev. 627 (2005-2006), documented the studies of the Albany Motor Vehicle Accident Project (Albany Project), which also concluded that approximately forty percent of car crash victims developed PTSD within two years after a crash. The Albany researchers set out to determine whether the predominant thinking in the 1980s -- that the diagnosis of PTSD required trauma outside the range of usual experience, like combat – was true. Id. at 617-8. Over a five-year period, the Albany Project studied 158 car crash victims to assess the psychological impact on the victims for up to two years. After performing extensive studies, the researchers successfully debunked old thoughts about the disorder, concluding that car crash victims can, and do, in fact suffer from PTSD. Id. at 619.

Continue reading " CONFERENCE EXPLORES IMPACT OF ROAD COLLISIONS ON THE INJURED, FAMILY MEMBERS " »