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Mazda airbag recall, Chicago auto defect lawyersThe Takata recall is not a new subject, but Mazda’s new recall is. In addition to recalling the Takata airbags, Mazda announced they are recalling inflators made by Takata. Mazda is taking steps to replace the defective car parts to ensure consumers who bought their vehicles are safe on the road.

Mazda is recalling almost 445,000 vehicles with dual driver side front airbag. They said the front driver side airbag is more susceptible to moisture and other influences that may cause the inflator to rupture over time. If the inflator ruptures, in the event of a crash and the airbag deploying, the inflator will send metal shards into the inside of the vehicle. Mazda vehicles affected include 2003-2008 Mazda 6 models, 2004-2008 Mazda R-8 models, and 2006-2007 Mazdaspeed 6 models.

Consumers who believe their vehicle has been impacted by the recall can enter their Vehicle Identification Number (VIN) into the SaferCar.gov website. The website was created by the National Highway Traffic Safety Administration (NHTSA). They note that with the large number of vehicles being recalled it can take several days to get all the VINs of affected vehicles into the system and to check back to make sure your vehicle is not on the recall list.

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Takata apology, Chicago product liability lawyersThe Takata airbag recall has not gotten better in the months since it started. More vehicles have been added to the recall list and more deaths have been linked to defective Takata airbags. A national recall started in November 2014, but Takata is just now apologizing for the deaths and injuries their defective airbags have caused. Is their apology too late for some consumers and automotive companies though?

An apology and deep bow from Takata’s chief executive, Shigehisa Takada, cannot bring back those who have died to their family members or heal the injuries the defective car part has caused many consumers. With the timeline for fixing all the recalled airbags growing with the increase in cars added to the recall, Fiat Chrysler informed the Senate Committee on Commerce, Science and Transportation it will no longer use Takata inflators in replacement of driver’s side airbags in its cars. It is looking at other alternatives to fix the defective part.

The Senate Committee has been going through all the documents Takata gave them and has released a report stating Takata has stopped performing safety audits. In the report, citing internal emails, the committee wrote that Takata may have been able to prevent this recall if it had proper safety and auditing committees in place to check that the correct protocols were being followed. This neglect on Takata’s part that there was no safety committee in place is troubling.

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Takata airbag recall death, Chicago personal injury lawyerAn eighth death has been linked to the recalled airbags from Takata Corp. of Japan. A Los Angeles woman suffered neck and head injuries when the Honda civic she was driving crashed and the airbag deployed, sending shrapnel flying into the body of the car and the victim. This death has become more prevalent in the ongoing recall because the car being driven was a rental car.

The Honda civic the victim was driving had previously been recalled in 2009 and the owner of the vehicle had been notified four times, according to Honda, about the recall and that the vehicle needed repaired. Mark Rosekind, the administrator of the Highway Traffic Safety Administration (NHTSA), stated, “The fact that this was a rental vehicle that had not been remedied is more evidence for why we are seeking author to prohibit sale or rental of any vehicle with an open safety recall.”

Rental car companies should be held to the same standards as car dealerships when vehicles receive recalls. Renting a car to a consumer when the company knows there is a recall is a product liability case. Currently, only dealerships are required to repair recalled vehicles and defective car parts before they can sell the car. Rental car companies should also be required to take a recalled vehicle out of their rotation until the defective part is fixed.

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furniture chair recall, Chicago product liability attorneys

When you search for Big Lots online, their description says, “Find surprises in every aisle, every day at Big Lots!” What if that surprise is falling and injuring yourself in the store on a piece of furniture they are selling? That is the case with several customers who tried out a hanging chair in Big Lots stores. Companies who sell the recalled product and the manufacturers who make the product have a responsibility to the consumer to ensure product liability on the recalled product.

Big Lots is recalling approximately 16,000 egg-shaped hanging chairs. The chairs are made from brown plastic and are in a wicker, mesh pattern with a red cushion. The chair hangs from a metal, U-shaped base and pole. When consumers tried out the product, they reported tipped over and swing beyond the base of the chair. This caused the chair to fall off the pole.

Big Lots has issued a recall for all the chairs, but what will happen in the future? When consumers purchase furniture, there is an expectation that the piece of furniture or furniture set they are purchasing is going to be safe. Consumers should not have to be concerned if their furniture is going to fall apart or injure them. They should be able to take comfort in knowing the product they are purchasing is safe. Unfortunately, this is not always the case.

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Zofran congenital heart defects, Chicago prescription drug defect lawyerParents want their infants and children to be healthy and thrive. It can be a devastating blow when they find out their child may or will have a life-long condition that may be life threatening. Congenital heart defects are heart problems that develop before the child is born and are often referred to as a hole in the heart.  Congenital heart defects can lead to heart failure, high blood pressure, infection, or other problems from the moment they are born or later on in life. In some cases, the congenital heart defect is caused by defective drugs, such as Zofran.

Zofran is manufactured by GlaxoSmithKline and has been approved by the Federal Drug Administration (FDA) for use as an anti-nausea medication for cancer patients going through chemotherapy. It has not been approved, or ever tested or studied, as an anti-nausea drug for pregnant women. This has not stopped GlaxoSmithKline from marketing Zofran for “off-label” use to hospitals and consumers as an anti-nausea medication for pregnant women with severe morning sickness, according to a report from the Department of Justice.

A mother from Oakland, California, filed a lawsuit against GlaxoSmithKline, stating they knew about the negative side effects Zofran caused during the prenatal stages of growth in infants and still marketed the drug to pregnant women. She alleged that the use of Zofran during her pregnancy caused her son’s supraventricular tachycardia, a serious heart defect. Supraventricular tachycardia (SVT) causes the heart to beat too fast or irregularly. It causes an insufficient about of blood supply throughout the body. SVT is treated with medication, surgery, or a combination of both and in the future may cause heart failure.

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ignition switch recall, Chicago car defect attorneyThe National Highway Traffic Safety Administration (NHTSA) released reports stating the investigation into General Motors (GM) ignition switch defect was not thorough. The ignition switch defect has been connected with over 100 deaths. The GM ignition switch recall is the fourth largest defective car parts recall in history, with over 800,000 vehicles recalled.

GM knew about the defective switch as far back as 2004, but did not start recalling any vehicles until 2014. In the past year, NHTSA has taken no responsibility for any of its own actions in the investigation into the defective parts. Families who believe they did not do enough now have a small peace of mind when they announced they trusted but did not verify the information GM was sending them and failed to use its authority to hold GM accountable.

NHTSA allowed GM to conduct their own investigation into the ignition switch defect and did not verify any information they were given from GM with their own investigation or follow up questions. They took GM’s word that everything was being executed as it should be and was being taken care of. NHTSA failed to do its part to protect consumers and push for a recall sooner and holding the company accountable.

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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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