The drug maker GlaxoSmithKline conducted its own study of over 14,000 patients which showed a higher frequency of suicidal behavior in young adults (ages 18-24) treated with paroxetine (Paxil and Paxil CR) compared with placebo.  In addition,  The FDA issued a Public Health Advisory on March 22, 2004, cautioning physicians, their patients, and families about the need to closely monitor all patients being treated with antidepressants. The agency mandated heightened warnings on the labels of selective serotonin reuptake inhibitors (SSRIs), the class of antidepressant medications that includes Paxil as well as Prozac and Zoloft.  The Agency later issued another Advisory warning of an increased risk for suicidal behavior in adult patients as well (Source: www.FDA.gov).

GlaxoSmithKline (which is, by the way, the world’s second largest pharmaceutical company) agreed to pay $65 million dollars to settle a class-action lawsuit over its antidepressant drug Paxil. While Illinois personal injury lawyers explain this particular lawsuit didn’t involve the safety or effectiveness of Paxil, many believe it is just one more example of corporate greed at the expense of consumers.

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A ventral hernia occurs around incisions from previous surgeries, where scar tissue becomes thinned or stretched. For patients who require a ventral hernia repair, the “hernia patch” was developed to be placed on the inside lining of the torn or separated abdominal wall (thus patching the injury from the inside rather than out). This has been a popular choice of treatment for many years.

The tragedy is that some patches commonly used by surgeons have proven defective, causing potentially severe and life-threatening injury. Most recently, Davol, Inc., a subsidiary of C. R. Bard, Inc. (who is a medical device manufacturing giant), expanded an earlier 2005 Class I recall to include specific batches of large and extra large mesh patches under the brand names Bard®, Composix®, and Kugel® manufactured between January 1, 2004 through September 30, 2005.

These patches are surrounded by a recoiling “memory” ring, which is surgically implanted by a procedure that involves folding the ring and inserting it through the torn or stretched tissue. This is most commonly done during a laparoscopic procedure. Once in place, the ring is released and springs to its full size, securing the mesh patch like a shield over the affected area.

Illinois personal injury lawyers say complaints of broken rings began to surface, both during the implant procedure itself, as well as post-operatively. When broken, the ring can puncture the abdominal wall, or migrate, causing serious and potentially life-threatening complications, such as bowel perforations and blockages of other gastro-intestinal organs.

“In addition to the defective ring itself, the manufacturer is alleged to have provided inadequate training to physicians regarding ‘folding’ procedures prior to insertion, and in some cases, no training at all, which may have contributed to the number of broken rings overall,” says one Chicago personal injury attorney.

Patients who have undergone surgical repair a ventral hernia with a mesh patch and develop unexplained abdominal pain, fever or tenderness at the surgical site should seek immediate medical attention, then contact an Illinois personal injury lawyer as soon as possible.

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Designed to release fentanyl slowly through the skin, one patch may provide 72 hours of pain relief. Unfortunately, say Chicago personal injury attorneys, a design flaw has caused some patches to leak fentanyl into the body much faster than the body can absorb it, causing deadly side-effects.  The FDA recently launched an investigation of over 120 deaths assoicated with the patch.

Fentanyl is an opioid pain medication, typically used to treat severe intractable pain (such as that from cancer). However, doctors have become far more likely to prescribe it for less serious afflictions such as migraines, surgical pain and back pain. The increase in usage has certainly contributed to an increase in serious incident, Chicago personal injury attorneys say. Though you may not have heard much about it on the news lately, patients continue to suffer frightening and potentially deadly side effects from overdose of this powerful and highly addictive narcotic.

If you or a loved one have been injured or experienced severe side effects due to a Duragesic pain-relieving patch, please contact an experienced Illinois personal injury lawyer immediately.

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Chicago personal injury attorneys who focus on defective products and negligence cases are constantly trying to educate consumers on the dangers many drugs and medical devices on the market today.  Drug-eluding stents have been implanted in millions of patients around the country, and recently published reports of studies by the New England Journal of Medicine have shown that they are associated with an increased rate of death, as compared with bare-metal stents. (March 8, 2007).

“Stents” are tiny pieces of wire used to prevent heart attacks by keeping arteries open. Drug-eluting stents contain medications that potentially reduce the chance the arteries will become blocked again. The downfall is that they create a place where potentially deadly blood clots can form and cause heart attacks.

Even worse, Illinois personal injury lawyers say, The American College of Cardiology has announced that implanting drug-coated stents in addition to traditional drug therapy alone provides no lasting benefit. So why the increase in use?

Stents generate nearly $5 billion a year in U.S. sales for Boston Scientific and Johnson & Johnson, the two companies that currently dominate the market. Both corporations admit the increased risk of blood clots but claim the benefits still outweigh these risks.

According to the New York Times, the Taxus stent from Boston Scientific, which was first used in 2004, achieved more sales in its first year than any health care product in history. However, The FDA issued a Class I Recall on the Taxus Express in July of 2004, because “characteristics in its design resulted in failure of the balloon to deflate and impeded removal of the balloon after stent placement,” which lead to significant patient complications, including emergency coronary artery bypass graft surgery and death.

Chicago personal injury attorneys explain Class I recalls (according to the FDA) are the most serious type of recall and involve situations where there is a reasonable probability that use of the product will cause serious injury or death.

If you or someone you love has had a drug-eluding stent implanted, please contact a Chicago personal injury attorney immediately.

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“Federal regulators have announced new warnings for anemia drugs following evidence that they can cause blood clots, worsen cancer, and increase the risk of death in some patients,” says our Illinois personal injury lawyer. FDA officials say Aranesp, Epogen, and Procrit must now carry “black-box” warnings (which are the most serious kind) on their labels to warn about consumers about the newly identified risks. These risks include: “Increased Mortality, Serious Cardiovascular and Thromboembolic Events”. The agency is currently re-evaluating the safe use of this drug class.

Anemia drugs such as these are the fifth-leading class of prescription pharmaceuticals sold in the US. Even though they are extremely expensive and only available by injection, they are overtly advertised directly to consumers. Some Illinois personal injury lawyers say these advertisements have contributed to over-prescribing by doctors, for uses which are often not FDA-approved.

If you or someone you love were prescribed Aranesp, Epogen or Procrit, you should contact a Chicago personal injury attorney immediately.

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Our Chicago personal injury attorney explains the terms:

• Asbestosis
  • “Asbestosis is a serious, progressive, long-term non-cancer disease of the lungs. It is caused by inhaling asbestos fibers that irritate lung tissues and cause the tissues to scar. The scarring makes it hard for oxygen to get into the blood. Symptoms of asbestosis include shortness of breath and a dry, crackling sound in the lungs while inhaling. There is no effective treatment for asbestosis.”
• Lung Cancer
  • “Lung cancer causes the largest number of deaths related to asbestos exposure. People who work in the mining, milling, manufacturing of asbestos, and those who use asbestos and its products are more likely to develop lung cancer than the general population. The most common symptoms of lung cancer are coughing and a change in breathing. Other symptoms include shortness of breath, persistent chest pains, hoarseness, and anemia. People who have been exposed to asbestos and also are exposed to some other cancer-causing product, such as cigarette smoke, have a greater risk of developing lung cancer than people who have only been exposed to asbestos.”
• Mesothelioma
  • “Mesothelioma is a rare form of cancer that is found in the thin lining (membrane) of the lung, chest, abdomen, and heart and almost all cases are linked to exposure to asbestos. This disease may not show up until many years after asbestos exposure.”

Asbestos exposure continues to be a frightening risk to many construction and industry trade workers. If you believe you were exposed to asbestos on the job in Illinois, personal injury lawyers can help.

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OSHA estimates 1.3 million employees face significant asbestos exposure on the job. Illinois personal injury lawyers who regularly represent these cases say the heaviest exposures occur in the construction industry, particularly during the removal of asbestos during renovation or demolition. Workers may also be exposed during the manufacture of asbestos products (such as textiles, friction products, insulation, and other building materials) and during automotive brake and clutch repair work.

There is no effective treatment or cure for asbestosis.

Past and present uses of asbestos:

• Cement Pipes Laboratory Hoods/Table Tops Elevator Brake Shoes
• Cement Wallboard Laboratory Gloves HVAC Duct Insulation
• Cement Siding Fire Blankets Boiler Insulation
• Asphalt Floor Tile Fire Curtains Breaching Insulation
• Vinyl Floor Tile Elevator Equipment Panels Ductwork Flexible Fabric Connections
• Vinyl Sheet Flooring Caulking/Putties Cooling Towers
• Flooring Backing Adhesives Pipe Insulation (corrugated air-cell, block, etc.)
• Construction Mastics (floor tile, carpet, ceiling tile, etc.)
• Wallboard Heating and Electrical Ducts
• Acoustical Plaster Joint Compounds Vinyl Wall Coverings
• Decorative Plaster Spackling Compounds High Temperature Gaskets
• Textured Paints/Coatings Roofing Shingles Roofing Felt
• Ceiling Tiles and Lay-in Panels Base Flashing Thermal Paper Products
• Spray-Applied Insulation Fire Doors Electrical Cloth
• Blown-in Insulation Electrical Panel Partitions Fireproofing Materials
• Taping Compounds (thermal) Packing Materials (for wall/floor penetrations)
• Electric Wiring Insulation Chalkboards

If you were exposed to asbestos on the job in Chicago, personal injury attorneys can help. Contact an Illinois personal injury lawyer who specializes in asbestos exposure cases today.

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To succeed in a products liability claim in Illinois, personal injury lawyers say the product must be saved after the accident and cannot be altered or changed in any way. Immediately get the product into the hands of an experienced Chicago personal injury attorney so that he can preserve the product and have an expert evaluate it. If the product is not properly preserved, that may destroy an injured person’s right to compensation.

Products liability takes experience and considerable expertise and money to be successfully prosecuted. Under products liability law, you have the right to have your case heard by a jury and you can recover damages for pain and suffering, disability, lost wages, disfigurement and future pain and suffering.

Surprisingly, jurors have historically tended to have compassion for the manufacturer of a product over consumers. This seems unlikely because the manufacturer is a corporation and the injured person is a human being. However, the jurors sometimes equate the manufacturer with the concept of “free market” and may feel prejudiced against a lawsuit. Hence, a Chicago personal injury attorney has to be careful in selecting a jury.

Most important: Due to the complexity of products law, do not give any statements to anyone and contact your Illinois personal injury lawyer immediately.

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The first and most important factor to consider is whether or not one can be held liable, in this case, manufacturers.  The only rule you have to remember is that the manufacturer of a product always owes the consumer the obligation to “manufacture” and “design” a product that is reasonably safe. If the product is found “unreasonably dangerous” or if it is “unsafe for reasonably foreseeable uses,” then the manufacturer should be held liable for injuries that are caused by the product.

The Plaintiff in a defective products case must prove that the defect in the product existed at the time the product left the manufacturer’s control. If the distributor of the product contributed to the defect, then the distributor could also be liable. A manufacturer can also be liable if it fails to adequately warn of the dangerous propensities of its product.Product liability law is complex and expensive because a Plaintiff is normally taking on a wealthy manufacturer who has unlimited money to spend defending the case. Plus, manufacturers have an interest in protecting the “sanctity” of their product. Chicago personal injury attorneys have an interest in protecting their clients, and gaining compensation for injury. If you’ve been injured due to a defective product or have questions about product liability law, contact an Illinois personal injury lawyer.

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Today’s question: “I knew that I might need a knee replacement in the future due to an old injury. I had a recent injury to the same knee while at work and now need the surgery sooner. Is this covered under my workers’ comp claim?”

Illinois Personal Injury Lawyer: “The employer takes the injured worker as it finds him. Whatever pre-existing injuries, medical conditions or weaknesses you bring into the employment with you, become a part of you as a “cog” in the employer’s overall machinery. It is not a defense to a Workers’ Compensation claim, that an employee had “some pre-existing weakness or condition” that rendered him more susceptible to injury.

If you’re injured at work, you’re entitled to receive benefits under the worker’s compensation law, so long as your injury was causally related to some act or phase of the employment. The employment does not have to be the sole cause of your injury; it does not even have to be the principle cause of your injury. It merely has to be “a” cause - one contributing cause - to your injury and any resulting disability that stems from your injury.

You were told you would need a total knee replacement, but from the information you’ve provided to me; it sounds like the work injury accelerated the need for that knee replacement. Prior to your work injury, you might have needed that knee replacement, say, 5 or 10 or 15 years down the road. Now, you need it immediately. Provided your doctor is willing to substantiate your claim, my feeling is that your employer is responsible to cover that surgery.”

If you have questions about an Illinois Workers Compensation case, contact a Chicago personal injury attorney if you are a resident of Illinois. Personal injury lawyers are familiar with the specific workers comp laws for our state.

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