Federal preemption has long been a hot button issue in pharmaceutical drug cases, with consumer advocates arguing that drug companies should be held to the sometimes higher state standards. However, the U.S. Supreme Court appears to have reversed the federal preemption stance it took in Wyeth v. Levine. In Wyeth,…
Jeep Grand Cherokees might face a recall due to a product defect that causes the increased risk for fuel fires following rear-end collisions. The auto recall would affect 1993 to 2004 Grand Cherokee models; however, Chrysler denies the need for a Jeep recall and the National HIghway Traffic Safety Administration…
The first case to go to trial in the series of Cook County pharmaceutical negligence lawsuits against Baxter International received a $625,000 verdict against the pharmaceutical manufacturer. The Illinois lawsuit of Estate of Johansen v. Baxter International, Inc., et al., 09 L 11175, was filed after the plaintiff, Steven Johansen,…
Crib bumper pads have been the topic of debate for several years. While some claim that they are perfectly safe and harmless, others claim that crib bumper pads put infants at risk for suffocating in their cribs. A recent report that the Consumer Product Safety Commission (CPSC) has not taken…
An Illinois court denied defendant’s motion for summary judgment in Brandon Stollings v. Ryobi Technologies, 2011 WL 211008 (N.D. Ill.). The court disagreed with the defendant manufacturer that the Illinois product defect claim did not satisfy the requirements for strict liability or negligence claims and allowed the product defect case…
A recent Illinois personal injury lawsuit involving the injury of a seven year-old girl at a local playground brought up issues of tort immunity in Illinois. Tort immunity laws are meant to determine to what degree a municipality, in this case the park district responsible for maintaining the playground, is…
The Illinois Appellate Court has affirmed a ruling by a Cook County associate judge who denied a forum non conveniens challenge brought by Motorola in Joseph Erwin, Jr., et al. v. Motorola, Inc., No. 1-09-2847. The Illinois birth injury lawsuit involved allegations that the plaintiffs’ children suffered birth defects as…
In August 2010, the Federal Drug Administration (FDA) posted a letter it sent to a medical device manufacturer regarding the safety of its metal hip implants. The letter informed the medical device manufacturer that the FDA had become aware that it had not obtained marketing approval before releasing its metal-on-metal…
The United States Supreme Court has ruled that a family is allowed to pursue its lawsuit in California against Mazda Motors of American, Inc. in the case of The Estate of Thanh Williamson v. Mazda, 08-1314. The product liability lawsuit deals with claims that the auto company’s 1993 Mazda MPV…
An Illinois product defect lawsuit recently received a $2 million jury verdict award for her severely injured right hand in Rita Thakore v. Universal Machine Co. of Pottstown, Inc. d/b/a Universal Machine & Engineering Corp., 05 C-5262. The Illinois product liability lawsuit involved allegations of a defective design of an…