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dialysis recall, Illinois product liability lawyerThere are many people who rely on dialysis treatments to survive. What happens when a dialysis patient receives a recalled treatment solution? That is the question about 160 patients at the Dialysis Clinic in American Samoa had to answer. A batch of recalled dialysis treatment solution was sent to the only dialysis treatment center on the island.

American Samoa is a group of islands about halfway between Hawaii and New Zealand and is an American territory. Due to its distant location, the airport and port in Pago Pago are the main transportation outlets for goods coming onto the island. This can delay shipments if weather is bad or goods are unavailable.

The liquid bicarbonate concentrate used in a three-stream hemodialysis machine to administer the solution was recalled. The Dialysis Clinic did not receive word about the recall before administering some of the recalled products to patients for a day and half after the shipment was received. The manufacturer, Fresenius Medical Care Rental Therapies Group, sent out an emergency shipment, but it will take several days to arrive. This caused the clinic to close down until the shipment was received.

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Mazda Takata recall, Chicago product liability lawyersThe Takata airbag recall has affected ten car companies and over 30 million vehicles. Mazda announced they are adding an additional 540,000 older vehicles to the recall list. With Takata airbags being used in almost every automotive manufacturer, many are left to wonder if their vehicle will be added to the recall list. Automotive companies and Takata are responsible for the product liability of the defective airbags.

Consumers only have two options with this recall. They can choose to not drive their vehicle until the defective airbag is replaced or they can take the chance and hope they do not get into an accident where the airbag will deploy, possibly killing or injuring themselves or their passengers. Neither option is acceptable and in most cases consumers have no other option that to continue to drive their cars with the defective airbag.

Takata and investigators have not been able to determine which inflator in the airbag design is the cause of the problem. Reports are now saying it is multiple causes. This is an unsatisfactory answer to the largest recall in automotive history. If the company that designed the defective airbag and independent researchers cannot fix the design, consumers are being put at risk longer because the defective airbag will take longer to be replaced.

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police body camera, Illinois personal injury lawyerPersonal injury cases stem from different situations, whether intentional or not, including vehicle accidents, assaults, negligence, dog bites, emotional distress, and more, and can include physical or emotional injury. With more victims or witnesses carrying smartphones there has been an increase in recorded evidence. The Illinois House of Representatives and Senate have both passed a bill that will outline how police body cameras can be used throughout the state. Police body cameras have the potential to bring legitimate personal injury claims traction.

The bill does not require police departments to use the body cameras, but will set standards for use, storage and privacy for all body cameras and recordings for the police departments that do opt to use them. The Chicago Police Department has already started using body cameras. Some citizens are concerned with the use, storage and security of the recordings. There is concern about neighbors asking for a copy of the recording and personal information being given to those who are not involved.

Attorney Christopher Hurley, managing partner at Hurley McKenna & Mertz, P.C., sees it as a way to give a voice to those who might not be believed or listened to otherwise. Police body cameras will help those involved in personal injury cases where police are called to the scene. They will be able to provide record evidence to support the victim and give them the backup they need and deserve to receive the compensation they deserve.

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no free passes initiative patient safetyHurley McKenna & Mertz, P.C. managing partner, Attorney Chris Hurley, founded the No Free Passes Initiative after representing a family who lost the mother. He realized she could have been saved if the emergency room staff had more training on intubating patients. Multiple attempts at intubation is not acceptable. The more times a doctor and their team need to attempt an intubation, the more likely the patient is to have complications.

Attorney Chris Hurley has been a trial lawyer for over 30 years and has seen many clients or their family members live with life altering complications or death. After seeing many cases over the years that could have been prevented, Attorney Hurley came up with the idea for the No Free Passes Initiative to educate and train doctors and staff in the hospitals.

Those involved in the 12-month initiative program will go through the program through in-person meetings, webinars, advisory groups, and go through advanced skill training. They will talk with advisors throughout the program and receive coaching. These steps and programs are designed to ensure the teams involved will learn how to improve patient safety when attempting airway maintenance. With over 25,000 daily occurrences of life-threatening errors occurring daily in emergency rooms or intensive care units across the United States daily, improving patient safety is crucial.

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no free passes initiativeNo one wants to lose a loved one, but to lose them because of a preventable error is unacceptable. Thousands of people are treated in Intensive Care Units (ICUs) and Emergency Rooms (ER) every day across the United States. Doctors, nurses, and other medical staff who have gone through years of education to provide help and assistance to those who need it are the ones who can prevent these errors. Intubation errors are preventable with more training and education on how to successfully intubate a patient on the first pass.

After representing a family whose young mother had lost her life after an asthma attack and went without oxygen while in the ER, Attorney Chris Hurley, managing partner of Hurley McKenna & Mertz, P.C., thought the exact same thing. Hurley partnered with Airway Management Education Center (AMEC) and Cynosure Health to start the No Free Passes Initiative and improve patient airway safety.

Attorney Chris Hurley has put together a presentation with other presenters to explain how the No Free Passes Initiative was started, the program vision and opportunities for support.

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zimmer knee implant recallZimmer voluntarily started recalling their Persona Trabecular Metal Tibial Plate knee replacement system in March. The Federal Drug Administration (FDA) issued a Class II recall for all makes and sizes. Companies are responsible for providing product liability for any product they produce and sell.

The FDA Class II Recalls are an intermediate level of concern. There is no immediate danger of death or serious injury, but there is still a possibility if the product’s use is continued. There are also still health and safety concerns. The FDA works with the manufacturer to help patients affected by the product recall to ensure the product is taken off the market as soon as possible.

In the case of Zimmer, they started recalling their Persona Trabecular Metal Tibial Plate system on their own, but not fast enough for the FDA. Complaints started increasing concerning implants loosening and causing complications. Over 11,500 devices are affected by the recall. The Persona system is not the first recall Zimmer has experienced. Two other products they have produced in the past have recently been recalled and taken off the market for similar complaints of the devices loosening. How can a company continue to be trusted to produce products if their products continue to be recalled for similar issues among different devices?

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Chicago defective product lawyerThe Takata airbag recall has been unfolding since October, starting with a massive recall that affected 11 car companies. The Takata recall was already setting records for the amount of companies it affected with the recall. On May 19, Takata nearly doubled the recall amount and now affects approximately 34 million vehicles. It is now the largest automotive recall in history.

With the recall almost doubling, it may take years to replace the airbags that are being recalled. New processing procedures and airbags have to be produced and then shipped to dealers for replacement. Implementing a new process for producing the airbags may require modifying machines, training employees, and the other procedures to ensure their product is safe. This can take time to implement, making consumers who have to have their airbags replaced wait even longer. Takata and the car companies have a product liability responsibility to the consumer to ensure their products are safe to use.

While the National Highways Traffic Safety Administration (NHTSA) and Takata will not have all the vehicles affected for a few weeks at least, of the 11 companies affected by the recall, Honda has been affected the most. Reports have been reviewed about if Honda knew about the defects before the recall was issued and did not report it to the NHTSA, but Honda has started looking into other companies for replacing the airbags. The solution is coming a little too late for some consumers who have already been affected by the defect, including families who have lost family members due to the defective airbags.

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surgical staple recall, Chicago Illinois product liability lawyerWhen the Federal Drug Administration (FDA) issues a recall, it is classified into one of three classes: Class I, II, or III. A Class I recall is the most serious recall the FDA issues. The TigerPaw II system recall has been classified as a Class I recall and patients who have had the system used during heart surgery should immediately speak with their surgeon. Patients who have had the staples used during surgery may also want to consider contacting a product liability attorney to talk about compensation from Maquet Medical Systems, the maker of the TigerPaw II system, for a product liability case.

The TigerPaw II system is a surgical staple used to close tissue in the left atrial appendage of the heart. It has been reported to cause tearing and bleeding in the heart tissue due to not closing completely. The FDA recall affects all TigerPaw II systems, which is over 4,000 TigerPaw II systems. They recommend the staples be immediately removed, quarantined, and replaced.

When the FDA classifies a recall as a Class I it is because there is a  strong likelihood that the product will cause serious adverse health consequences or death if use of the product continues. Maquet Medical Systems received 51 reports of adverse side effects and one death associated with the TigerPaw II system between April 2013 and March 2015.

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tort reform, Chicago medical malpractice attorneyTort reform laws put limits on the amount of compensation a victim of medical malpractice can receive. Tort reform does not favor victims; rather it favors negligent hospitals, doctors, and companies. The victims of medical malpractice should be able to get fair compensation as determined by a jury of peers, not what lawmakers, insurers and companies believe victims should receive.

Recently medical malpractice victims’ family members testified before Illinois lawmakers about how their lives had changed because of mistakes made by doctors and other medical professionals. The family members talked about how an arbitrary cap on awards for victims and their families limit and impact their lives.

Those who testified before Illinois legislators ranged from widows of Illinois State Troopers to mothers speaking for their children to the victims of medical malpractice who relived their tragedy. Those who spoke before the lawmakers took a stand because they have fought for themselves or someone they cared about for the justice they deserve. The compensation some received from their medical malpractice suits will take care of their injured family members’ medical and living expenses.

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black decker lawnmower recall, Chicago product liability attorneyWhen companies receive reports and supporting evidence of safety hazards for a product they produce, they have a 24-hour window in which they are supposed to report it to the Consumer Product Safety Commission (CPSC). Not doing so can cause other consumers using the product to injure themselves due to the defect. Black & Decker did not comply with the requirement to report the safety defect for allegedly 11 years. They have a responsibility to consumers to report safety defects immediately and compensate them for product liability.

This will be the fifth time Black & Decker has been fined for not reporting safety hazards to consumers immediately concerning their products. The company is being required to pay a $1.575 million civil penalty to settle the allegations.

The products in question this time are two electric lawn mowers. Consumers reported that the lawn mower models would turn back on after the handle was released and the safety key removed. In some cases, the lawn mower would run for hours after it had originally been turned off and it had restarted on its own. The defect in the products has caused several injuries and the company had received over 100 reports.

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Zofran and pregnancy, Chicago product liability lawyerMany pregnant women experience morning sickness during their pregnancies. Some experience nausea so severe they are unable to function. Most of those women may have been prescribed a drug called Zofran to help with their morning sickness. The problem with Zofran is that it is has not been labeled for use in pregnant women. It is supposed to be used for cancer patients. So why is GlaxoSmithKline allowing their product to be prescribed to women who are pregnant if they have not tested the effects of Zofran on pregnant women? It is medical malpractice to allow their defective drug to continue to be prescribed for uses it is not approved for.

Separate studies have shown a possible link to the use of Zofran in pregnant women in their first trimester and birth defects in their children. Multiple lawsuits filed against GlaxoSmithKline stated Zofran caused birth defects or wrongful deaths after using the drug, that the company marketed the drug to pregnant women without approval from the Food and Drug Administration (FDA), and produced a defective drug. The FDA approved the drug for use in cancer patients during and after treatments and surgeries. It has not been tested for side effects in pregnant women.

This is not the first time Zofran and GlaxoSmithKline have been the subject of a lawsuit for illegal promotion of drugs. The company paid $3 billion as part of the legal settlement in 2012 after federal charges were brought against the company. The company is now being sued by families for specific allegations in relation to the use and misrepresentation of their marketing for Zofran.

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Harley Davidson recall, Chicago motorcycle accident liability lawyerMany motorcyclists ride their motorcycles all year, while some only ride during the months of good weather. No matter when they rider take out their motorcycles, they want to know their motorcycle is safe to ride. A recent recall of some Harley-Davidson motorcycles puts some owners at risk. Motorcycle manufacturers have a responsibility to motorcycle owners affected by the recall to ensure the defective motorcycle part gets replaced or fixed so the owner is not in an accident because of the defective part.

The recall includes almost 46,000 motorcycles built between April and October 2014. It affects 13 models built in that time frame. The defect is caused by a chemical reaction in the clutch master cylinder that may cause gas bubbles to form. The gas bubbles can lead to the loss of clutch lift.

This means the plates may not fully engage even if the rider pulls the clutch completely and may cause the affected models clutch to move and cause the motorcycle to go forward while it is in gear and running. This defect has caused over 20 injuries to motorcyclists and their passengers. Motorcycles parked for extended periods of time are more likely to be affected by the defect, but Harley-Davidson stated it may also affect motorcycles that are ridden on a regular basis.

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Joliet Diocese sexual abuse, Chicago sex offender attorneysOver the span of 20 years, priests ordained by the Joliet Diocese allegedly abused many boys involved in church programs from the 1960s through 1980s. The Joliet Diocese knew about priests abusing children well before they did anything to protect children and remove pedophile priests from parished in the Diocese of Joliet. How did these priests become ordained and allowed to be around children if the diocese knew about sexual abuse by these priests? Sexual abuse by anyone is wrong, but being sexually abused by someone ordained of God by the Roman Catholic Church is especially corrupt. Children and their parents are supposed to be able to trust priests–the people who are ordained to uphold the standards of the church.

The Diocese of Joliet placed into parish assignments several men were considered poor candidates for ordination, including one who was asked to leave a Seminary where he was taking classes. Instead of denying them ordination, Joliet Diocese ordained these men and then covered up the allegations of abuse by moving the men to different parishes.

Among the Diocese of Joliet priests accused of abuse are Father James Nowak, Father Michael Gibbney, Father Lawrence Gibbs, Father Myles White and Father Fred Lyncyczk. Each of these priests is listed on the Diocese of Joliet’s recently updated “List of Priests with Credible/Substantiated Allegations of Sexual Abuse of Minors Made Against Them.” You can find the recently released files for these priests here. The accused priests were actively involved in these diocese parishes:

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bicycle recalls Chicago, Illinois product liability attorneyAccording to a recent survey by Active Times, Trek was rated the number one bike brand in 2014 because they consistently produce quality bicycles and make advancements to the industry. How will the recent recall of nearly one million Trek bicycles due to a defect in their quick release brake lever on certain bicycle models affect that rating?

With the number of cyclists increasing in recent years, cyclists want to know that the bicycle they purchase will be safe. Defective bicycle parts are a safety issue and can cause hazards not only for the cyclists, but also their family and anyone else involved in an accident caused by a defective part.

The models being recalled were manufactured from 2010 to 2015, have a silver or black quick release lever on the front wheel, and front disc brakes. The defect can cause the quick release lever to become stuck in the front disc brake causing the bicycle to stop suddenly and throw the cyclist over the front handlebars or cause the front wheel to come off. The defect has caused one cyclist to become paralyzed and injured two others.

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car recalled, Illinois product liability lawyerIn recent years, the number of cars recalled has increased. The recalls range from small issues, such as a mislabeled sticker or when a durability test found that a spring wears out prematurely, to large recalls, like Takata airbags that can possibly explode and spray shrapnel in the driver’s or passenger’s face, causing serious injury or death. When there is a defect with a vehicle, product, or one part of a vehicle, it is a product liability. The manufacturer is responsible for fixing the defect and compensating the affected parties.

A recall can start one of two ways: the manufacturer initiates the recall voluntarily or the National Highway Traffic Safety Administration (NHTSA) orders the manufacturer to recall a vehicle. Recalls are initiated when there is a safety related defect in the vehicle or a piece of equipment in the vehicle or when the vehicle or a piece of equipment does not meet federal standards.

Safety defects are defined in the United States Code for Motor Vehicle Safety as any problem that exists or arises in a vehicle or in equipment in the vehicle that creates a safety problem, exists or arises in a group of vehicles from the same design or manufacturer, or in a piece of equipment in a group of vehicles. The BMW motorcycles and Honda recalls are examples of safety-related recalls. BMW recalled over 40,000 motorcycles due to a defect in the rear wheel flange that can cause the back tire to come off. Honda knew about the Takata airbag defect but did not notify consumers in a timely manner, which resulted in several deaths.

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Graco carseat recall, Chicago product liability law firmIn the largest car seat recall in U.S. history, Graco is being fined for not disclosing defects in over six million car seats. Defects in children’s car seats are a safety hazard and a product liability. Parents put their confidence in the car seat manufacturers to ensure that the car seats are safe and reliable. Knowing about a defect and not alerting consumers in a timely manner is a product liability and the manufacturer should be held responsible.

The National Highway Traffic Safety Administration (NHTSA) started an investigation in December 2014 due to a high volume of complaints that the latch on their car seats are too hard to unlatch. The defect has been connected with one death in California and has stemmed over 6,000 complaints.

NHTSA reported that Graco knew about the defect and were slow to tell consumers and recall their car seats. Federal regulations state manufacturers are required to report defects within five days of discovering them. They fined Graco $3 million to be paid immediately to the U.S. Treasury and are required to pay $7 million if they do not spend the same amount over the next five years to improve the safety of their car seats.

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zimmer knee recall, Chicago medical device liability attorneyWhen a patient undergoes surgery of any kind, they expect that they will be able to recover and move on with their life. Having to undergo surgery again because of a defective product, like Zimmer’s Persona Trabecular Metal Tibial Plate knee placement, is not in their plans. Going through recovery the first time for a knee replacement is hard enough. Having to endure through it again is unacceptable and the company who designed the defective product is responsible for product liability.

The Food and Drug Administration (FDA) issued a Class 2 recall on the product. This means that while the Persona knee replacement is used it may cause temporary or medically reversible adverse health consequences. The recall affects all sizes and lots of Persona knee replacement products for both the left and right knees.

The Persona Trabecular Metal Tibial Plate knee replacements were meant to be used without cement and still adhere to the bone. Complaints from patients found that the knee replacement became loose or caused radiolucent lines or gaps between the bone and knee replacement. The gaps can fill with fluid or debris and cause more health issues. In all cases, patients complained of increased pain and some cited increased immobility.

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bmw motorcycle recall, Chicago auto parts liability lawyerMany motorcyclists are passionate, not only about the type of motorcycle they ride, but also about their safety. What happens when motorcyclists’ safety are put in jeopardy by the company who produced their bike because of a defective part? The motorcycle manufacturer who produced the parts is responsible for product liability if there is a defective part. Motorcyclists should not have to be concerned about having their motorcycle breaking while they are riding due to a part on their bike breaking.

BMW is recalling over 40,000 motorcycles of different models and years due to a rear wheel flange defect. The defect can cause the flange to crack if the rear tire mounting bolts are tightened too much. The crack can cause the rear wheel to come loose from the bike, increasing instability in the motorcycle and likelihood of a crash.

The recall is affecting 16 of BMW’s motorcycle models. BMW expects the recall to begin in April, but that is not guaranteed. BMW plans to notify customers affected by the recall. For some motorcyclists, riding is their only means of transportation though. If they are unable to ride their motorcycle, they may lose their job or suffer from an accident if they have to continue to ride their motorcycle because it is the only vehicle they own. Neither option is acceptable. BMW motorcycle owners are able to input their VIN number into BMW’s Safety Recalls page to see if their bike is affected this recall or any other through BMW.

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reusable medical devices, Chicago medical malpractice lawyerReusable medical devices, like the duodenoscope, have led to deaths due to not being able to sterilize them sufficiently. Why does it take so long to update sterilization standards for reusable medical devices? This is a cause for concern, but the new standards are not required to be used on existing products on the market, even though that is where the concern and problems began. The Food and Drug Administration (FDA) is only requiring new products to adhere to new rules, stricter guidelines, and more testing.

Multiple deaths and infections, starting as early as 2012, have been linked to a deadly bacterial infection caused by a deodenoscope that was not completely sterilized because of the small crevices in the scope and the internal tubing. A duodenoscope is a device that is used to diagnose and treat diseases in the liver, gallbladder, and pancreas. It is inserted through a patient’s throat while they are being given general anesthesia and it continues down through the stomach to the point where the stomach and small intestines meet.

Due to the recent death of two people in a Los Angeles hospital being linked to contracting this deadly bacterium through reusable devices, the FDA is asking manufacturers to prove their products can be sterilized, including the small crevices where bacteria can live. Since the FDA is only requiring new market products to be held to higher standards though, it may take a while before they are practiced with current products in the market. This can lead to more deaths or injuries to patients.

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right to compensation, Chicago medical malpractice attorneysWhen a doctor, medical staff, hospital, or nursing home is negligent or makes a mistake that causes injury or death to a patient it is called medical malpractice. The patient or patient’s family deserves the maximum compensation for the mistake or negligence. A new provision of a bill recently passed by the House of Representatives would protect the doctors and hospitals instead of the patient and their family.

If signed into law, the provision would put a limit on the amount of compensation victims of medical malpractice would be able to collect. The belief is that limiting the compensation will lower spending in the healthcare system. Texas already has a law that limits compensation to $250,000 per year, but it has not cut spending in the healthcare system. A study showed that spending per patient increased.

This provision does not benefit the patients. It benefits doctors, hospitals, and the healthcare system. It would prohibit the use of federal guidelines for the quality of care standards to be used in medical malpractice cases. This means if the doctor or hospital was negligent or caused you or a family member an injury or death, the quality of care guidelines would not be admissible in court to show the negligence.

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