The U.S. Consumer Product Safety Commission recently announced a recall of all Nap Nanny and Nap Nanny Chill infant recliners. The recliners are manufactured by Pennsylvania-based Baby Matters LLC. The company was sued by the CPSC last December to recall these defective products.
So far the agency has received at least 92 incident reports involving Baby Matter's Nap Nanny products. The reports include five infant deaths.
The U.S. Food and Drug Administration recently issued a new safety communication about the safety of Pradaxa (dabigatran etexilate mesylate). Pradaxa is a potentially dangerous pharmaceutical which is sparking a wave of product liability litigation.
Praxada is a blood-thinning medication (anticoagulant) often prescribed to reduce the risk of stroke and blood clots in aptients with atrial fibrillation. As with all pharmaceuticals, Praxada can result in serious side effects.
All too often as personal injury trial lawyers in Illinois, we learn that the maximum available insurance monies that a client may be entitled to under the applicable insurance policy is just not enough. All too often catastrophic injuries, or death, can occur due to the fault of another driver, a construction company, doctor or manufacturer and the damages can be enormous. Despite good liability and significant damages, oftentimes injured people are denied the fair, full and complete monetary compensation they deserve because there is simply insufficient monies available out of which to pay a fair settlement or satisfy a judgment. And it is so easy for some lawyers to just advise their client: "If the insurance company only has X dollars in coverage, that's all we can get for you."
The above, in many situations, is completely true. But prior to laying down and settling a case for less than the full value, a little creativity and aggressive laywering can help secure full and complete monetary justice for injured clients. Recently, GWC lawyers did just that in two different cases: the first such case involved an automobile driver who was killed in a head on collision when a pickup truck, pulling a horse trailer, crossed the center line and drove directly into the on-coming lane of traffic. The maximum insurance policy limits available were $250,000.00 plus a $1,000,000.00 umbrella policy. GWC partners, Louis Cairo and Michael Fisher, clearly knew that $1.25M was grossly inadequate to fairly compensate the family of the driver killed in the crash. However, the other driver had nominal assets and if the insurance company was agreeable to offer their full policy in good faith, then that would be the full extent of what the family would be able to collect.
The only way that they could get additional monies was if the insurance company negotiated in bad faith, failed to offer its full policy and then GWC wins the trial for an amount in excess of the policy limits. If that occurred, GWC would then be able to file a new lawsuit against the insurance company directly under a theory of Bad Faith. In essence, subjecting the responsible driver to the risk of having an excess judgment entered against her, rather than settling the case directly with the plaintiff's estate for an amount that was within the policy limits, subjected the insurance company to a bad faith claim that could be filed by its insured, the defendant driver. The theory is that if the insurance company is able to settle a case within its policy limits, it should not gamble with the financial assets of their insured. If they do, then the carrier is at risk that their insured client can sue the insurance company for the amount of the verdict that exceeded the applicable policy limits.
One of the leading causes of medical malpractice incidents throughout Illinois is unnecessary surgeries. Some studies have shown that up to 20 percent of all medical procedures are unnecessary, and every procedure creates the risk of a mistake or a complication such as an infection.
Many unnecessary procedures are the well result of a well-intentioned opinion that turns out to be a misdiagnosis. Some of these procedures however are the result of medical professionals who did not diligently seek the proper diagnosis for a patient or who simply ordered unnecessary tests to increase their income at their patient's expense.
A Roseland boy was seriously injured in a dog mauling yesterday evening. Authorities say that the 9-year-old South Side boy was playing outside of his home when he was attacked by his neighbor's dog around 8 p.m.
Emergency crews rushed the boy to Advocate Christ Medical Center in serious condition. Doctors at the Oak Lawn hospital treated the boy's arm and leg bites. Some relatives of the boy also told the Chicago Tribune that he had to undergo plastic surgery for his wounds this morning.
NBC Chicago reports that four people were injured in an elevator accident yesterday afternoon. The accident happened at around 3 p.m. at 60 E. Delaware. Authorities say that the downtown parking garage accident happened when an elevator plunged from floor 15 to 10.
Elevator mechanics rescued the four elevator accident victims by using an adjacent car. Two people were rushed to Northwestern Memorial Hospital and the other two were taken to Advocate Illinois Masonic Medical Center.
Many pregnant women often opt for risky medical procedures and interventions that are medically unnecessary, according to a recent article in Consumer Reports. The article focuses on a survey conducted by the nonprofit Childbirth Connection, which focuses on the needs of expectant mothers.
"Our survey suggests that pregnant women need to take a more active role to make sure they get the care that is best for themselves and their babies," a spokesperson for the group said. "They need access to trustworthy information about the benefits and harms of interventions, to educate themselves, and be their own advocate."
The U.S. Food and Drug Administration recently announced that it was moving to reclassify tanning beds and sunlamp products as Class II Medical Devices.
This proposed decision would involve a prominent label being placed on all tanning beds warning teens not to use the tanning beds and notifying all adults that tanning beds can cause cancer.
A Sunday night fire in Lake Zurich has left three people injured, including one firefighter. Authorities responded to the northwest suburban fire shortly before 8 p.m. on Sunday. The Chicago Sun-Times reports that the blaze happened at a single-family home on West Glendale Road.
According to the Lake Zurich Fire Department, one of the residents of the home and one bystander were rushed to Good Shepherd Hospital where doctors treated non-life threatening injuries. It is unclear whether these injuries consisted of burns or smoke inhalation.
Advances in medical technology have made it possible for many Americans to benefit from increased mobility after hip replacement surgery. In recent years, however, medical device manufacturers began marketing metal-on-metal hip replacement products. Many of these devices are consistently demonstrating cause for serious concern on the part of patients and doctors.
As thousands of patients have already discovered, defective designs are resulting in early device failure and severe medical complications. According to one study of data from the National Joint Registry of England and Wales, metal-on-metal implants are much more likely to fail within five years.
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