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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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Takata airbag recall lawyer, Chicago product liability attorneyHonda announced it is adding nearly 105,000 more vehicles to the recall list it began last year over reports of potentially deadly airbags. The automaker’s recall now includes 5.5 millions vehicles sold under the Honda or Acura brands in the United States. Ten other auto manufacturers have also been forced to recall a combined 11.5 million vehicles equipped with possibly defective airbags, all products of the same auto parts supplier.

Recall Timeline

In October 2014, 11 automakers announced the recall of more than 14 million vehicle sold with airbags manufactured by Japanese part maker Takata. Less than month later, The New York Times carried a report that Takata was aware nearly ten years ago that some of the company’s airbags could possibly explode, putting a driver at risk from flying metal debris. The report claims that rather than notifying safety officials, Takata tested potential fixes and redesigns, then scrapped the program and scrubbed the data. Regulatory filings from the company do not acknowledge any such testing until 2008, when the first airbag rupture-related recall was initiated.

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superbug product liability, Chicago personal injury lawyerIn the last several months, two hospitals in California have reported outbreaks of what officials are referring to as the CRE superbug. At Ronald Reagan UCLA Medical Center in Los Angeles, two patients died after being infected and five others continue to receive treatment. Medical officials have reached out to nearly 180 additional patients who may have been exposed at the facility. The outbreak has been traced to a particular medical device, which federal regulators are, so far, reluctant to pull from the market.

Carbapanem-resistant enterobacteriaceae, or CRE, is a bacterial pathogen which can cause infections resistant to most antibiotic treatment. Certain bacteria, such as E. coli,  which are common to the human digestive system, can evolve and become carbapanem-resistant, resulting in strains of CRE potentially producing infections that are very difficult to treat. The Centers for Disease Control and Prevention (CDC) acknowledges the dangers inherent to CRE infections and has reported that the superbug may be fatal in up to 50 percent of infected patients.

Each of the infected UCLA patients had undergone a relatively minor endoscopic procedure utilizing a device known as a duodenoscope. More than half a million patients each year have similar procedures done with the device, which is an imaging tool used to detect and diagnose issues in the upper small intestines, gall bladder, and pancreas. A particular duodensoscope at UCLA, however, was found to be the source of the CRE exposure, according hospital officials. A subsequent CRE outbreak at Cedars-Sinai Medical Center, also in Los Angeles, is currently being investigated to confirm that a similar device was to blame.

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truck driver texting, Chicago personal injury lawyerDistracted driving is becoming one of the most cited causes for motor vehicle accidents in the United States with the increased use of cellphones while driving. More than nine people are killed and more than 1,153 people are injured each day in accidents caused by distracted driving. The Federal Motor Carrier Safety Administration (FMCSA) regulates all drivers involved in interstate commerce or intrastate transportation of hazardous materials and inter- and intrastate Commercial Driver’s License (CDL) drivers. FMCSA describes commercial drivers as those who operate buses and large trucks, such as single unit trucks or tractor-trailer trucks. These drivers make up approximately 5.6 million drivers in the United States.

With so many commercial vehicle drivers on the roadways, FMCSA banned the use of texting for commercial truck drivers in 2010 to help prevent distracted driving. Companies are not allowed to require commercial drivers to text or call from their cell phones while driving.

The FMCSA regulations prohibit text messaging, reaching for or holding a cell phone in their hand or making phone calls that require the driver to push more than one button while they are operating commercial vehicles. If commercial drivers are found to be breaking the regulations, they can be fined up to $2,750 and have their CDL revoked for multiple offenses. The company the driver works for may also be fined up to $11,000.

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takata airbag recall, Chicago IL Product Liability LawyerRecalls of Takata airbags started as early as 2008.  Takata and Honda allegedly both knew about the recalls as early as 2004. Why did the major recall from the National Highway Traffic-Safety Administration (NHTSA) not start until October of last year? Why are so many vehicles still on the road and not getting the necessary replacement they need?

Takata has indicated that they do not expect to have enough new airbags produced to cover the amount of recalled vehicles until late 2015. This is not an acceptable rate of replacement for a mandatory recall that has affected over 7.8 million vehicles from 10 car manufacturers.

The 10 manufacturers affected by the Takata recall have contracted with Orbital ATK to conduct their own tests on the defective airbags. Orbital ATK is a defense and aerospace firm that provides products to the United States, its allies, and government contractors. They were chosen by the 10 manufacturers for their expertise in the field of engineering and the ability to move the investigation into the defective airbags forward.

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Takata airbag recall fines, Chicago personal injury attorneyThe United States is fining Takata Corporation, a Tokyo, Japan based company that manufactures airbags, $14,000 each day due to non-compliance in the investigation into their faulty airbags. Late last year, the National Highway Traffic-Safety Administration (NHTSA) initiated a product recall on vehicles using Takata airbags. The company is responsible for covering product liability to consumers affected by the recall.

With over 7.8 million vehicles affected by the recall, Transportation Secretary Anthony Fox said Takata will be fined each day they do not comply with the investigation and withhold documentation and other materials necessary for the investigation.

Takata gave NHTSA 2.4 million pages of documentation but did not give any guidance or explanation as to what information is in the documents. Employees have to sift through the pages, wasting time, money, and resources that could be spent on other claims and the investigation, to find information they need for the investigation. It is also delaying being able to accurately fix and recall all affected vehicles.

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