Chicago Personal
Injury Attorney Blog

Parents considering anti-depressant medication for their teens should take caution. Studies have shown a significant increase in teenage suicide linked to these drugs. Our Chicago personal injury attorney says the makers of Paxil (an extremely popular anti-depressant medication) recently sent a letter to doctors warning the drug caused a “six-fold increase in the risk of suicidal behavior in young adults.”

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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For the past two weeks, our Chicago personal injury attorney has been discussing defective products cases, especially in relation to the pharmaceutical industry. Yet another questionable product causing dangerous injury is the Kugel Hernia Patch.

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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Boston Scientific and Johnson & Johnson ‘Coated Stents’: Have Been Found To Do More Harm Than Good In Some Cases

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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Aranesp, Epogen, and Procrit are in a class of drugs called erythropoiesis-stimulating agents (ESAs). These drugs are mostly used to treat anemia in patients with chronic kidney failure and in patients with cancer whose anemia is caused by chemotherapy. But Chicago personal injury attorneys are trying to get the word out about recent studies that prove a high risk of serious and life-threatening side effects and an increasing number of deaths in patients treated with these drugs.

“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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According to Chicago personal injury attorneys, exposure to airborne friable asbestos can result in a potential health risk because persons breathing the air may breathe in asbestos fibers. Continued exposure increases the amount of fibers that remain in the lung. Fibers embedded in lung tissue over time may cause serious lung diseases including: asbestosis, lung cancer, or mesothelioma. As we learned from our Illinois personal injury lawyer in the last post, these conditions can be deadly.

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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Unfortunately, if an injury is not serious, filing suit on the grounds of products liability action may not be economically feasible. Experienced Chicago personal injury attorneys can help you determine the merits of your case by carefully examining the evidence.

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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“Products liability” sounds complicated and, in fact, it is. In Chicago, personal injury attorneys who specialize in defective products cases and products liability law are among the best in their field. In this post, our Illinois personal injury lawyer explains the terms in detail.

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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Illinois Worker’s Compensation Lawyer Answers Your Questions on “Ask an Attorney”

Today’s Question: “I settled my workers’ compensation claim in 2006 for an injury that occurred in 2004. Is it too late for me to file a Third Party claim?”

Chicago Personal Injury Attorney: The answer to your question is: it depends. The statute of limitations in Illinois for most personal injury cases is two years. That means you have two years from the date of injury to file a lawsuit against the party responsible for your injuries. So if you were injured in 2004, you would have two years from that date to file your lawsuit.

However, the statute of limitations can be longer or shorter than two years, depending on the particular type of legal claim or the party you are suing. For example, cases brought against the state of Illinois must be brought within one year of the date of injury. Cases against the Chicago Transit Authority (CTA) require that certain notices be mailed (to the CTA) within 6 months of the date of injury. On the other hand, cases involving construction negligence can be brought within four years of the date of injury.

So, depending on the type of case you have and who you are suing, you could have from 6 months to four years to bring the case.”

As you can see, defining the statute of limitations for your case can be tricky. This is why it is crucial you have a competent Illinois personal injury lawyer on your side. If you’ve been injured and have questions about a third party claim, statutes of limitations, or any other factor of your potential case, contact a Chicago personal injury attorney without delay.

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Ask the Illinois Personal Injury and Worker’s Compensation Lawyer

Today’s question: “I had a hand injury in machinery at work. While a couple of nails are disfigured, and I have scars, I only missed one day of work. What are my workers’ comp benefits other than my medical bills?”

Chicago Personal Injury Attorney: “Three basic benefits are available under worker’s compensation. The first of these is lost time. If a doctor keeps you off work for more than three working days. In your case, you didn’t sustain any compensable lost time.

The other two benefits that are available are medical bills, which in your case have apparently been paid. And the third is compensation for permanency. Permanency can take the form of either disability or disfigurement. Generally speaking, disability is worth more in terms of compensation benefits than disfigurement. Disability can be proven by any sort of objective clinical findings, such as loss of motion, loss of sensation, any sort of permanent pain, loss of grip or things of that nature.

If you don’t have any disability, you can still recover compensation for disfigurement, based on scarring to certain parts of the body. It appears to me that in your case, you do have some permanent disfigurement. If that disfigurement is serious and lasts more than six months, a viewing can be held in front of an arbitrator at the Industrial Commission, which is the court that hears workers compensation cases. The arbitrator will determine the amount of compensation you are entitled to receive for your disfigurement.”

If you were injured on the job in Illinois, personal injury lawyers can help you recover the compensation you deserve. If you have questions, Chicago personal injury attorneys who specialize in workers comp cases will have the answers you need.

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We can only hope that it is common knowledge that front air bags can be deadly to children.  We know from repeated education from the media and advocacy groups that children must ride in the back seat of a vehicle until they are of a certain age and weight considered safe for front-seat occupancy.

But Chicago personal injury attorneys warn that side-impact air bags can also cause severe injury to a small child or infant, though we hear about these tragedies far less often.

Similar to the dangers of front air bags to children, side air bags were designed for adult-sized bodies. Therefore, children and infants are especially vulnerable in side-impact crashes, and often sustain life-threatening head and neck injuries.  In Illinois, personal injury lawyers who specialize in auto accidents are equipped to handle these types of tragic cases.

Because they aren’t standard equipment yet, there are no real guidelines for side airbags in new cars. Some are safer for children than others, but part of the safety issue depends on what type of side airbag it is. Chicago personal injury attorneys hope litigation can force a better design to become standard, and many more lives may be saved.  There currently is no federal standard for car seats in side-impact collisions.

If you or a loved one were seriously injured due to a side-impact collision, please contact a Chicago personal injury attorney for a free consultation.  To help protect yourself and your loved ones in the future, visit SaferCar.gov.

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