Justia Lawyer Rating for Robert D. Kreisman

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In a recent Chicago product defect case, the pace of settlement negotiations were perhaps hastened because in November 2008 the Illinois Supreme Court ruled that defendants in negligence suits who settle prior to trial, should not be named on jury verdict forms for the purpose of apportioning liability (Ready v. United/Goedecke Services, Inc., et al., WL 5046833).

The recent Illinois product liability case involved involving a punch press operator and settled for over $5 million. Both of the worker’s arms were amputated after a punch press malfunctioned and part of the machine crushed both arms.

Seven years ago a U.S. District Court judge approved a $1.1 million settlement in this same Illinois product defect case, which released one of the manufacturers of the machine that caused the injury. However, the case wasn’t over as there two remaining manufacturer parties still involved in the Illinois product liability case.

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The 7th U.S. Circuit Court of Appeals in Chicago affirmed a Southern District of Illinois judge’s ruling by the district judge in the regarding Wyeth, Inc.’s antidepressant Effexor . Giles v. Wyeth, Inc., No. 07-3149.

In Giles, the plaintiff decedent, Jeff Giles, was a coal miner and who became depressed after the coalmine where he worked closed and he lost his job. He was diagnosed with major depressant disorder, for which his physician prescribed the antidepressant Effexor. He committed suicide 2 days after taking three Effexor pills. His wife and son brought an Illinois wrongful death lawsuit against Wyeth.

Effexor carries various warnings, one of which is a suicide precaution. In June 2003, the Food and Drug Administration (FDA) announced it was reviewing reports of a possible relationship between Paxil, an antidepressant not manufactured by Wyeth, and an increase risk of suicide and suicide attempts in children and adolescents. In 2003, Wyeth changed Effexor’s labeling to reflect that its pediatric clinical trial showed an increased risk of suicidal ideation in children using the drug.

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Parents will take much more precautions after they read about the $2.5 million settlement arising from an Illinois car crash involving two minors who were drinking in a Lake County, Illinois family’s home. One of the minors involved in the car accident is now paralyzed from the chest down. Baldwin v. Klairmont et al., No. 07 L 105.

In November 2006 when the minors were drinking beer in the Illinois family’s home, the wife was present and apparently allowed the underage drinking. The lawsuit alleged that the parents had a duty to supervise the activities in their own home. The family’s younger daughter had invited the two minor boys to their home where they proceeded to drink. The lawsuit asserted a negligence claim alleging that the family adults had several opportunities to stop the teens from drinking, but did not.

The teens left in a car after the husband came home and discovered that they were drinking. The vehicle that one of the minor boys was driving crashed into a utility box injuring him and his passenger. The lawsuit was brought under the 2004 Illinois Drug or Alcohol Impaired Minor Responsibility Act, which allows for civil penalties against adults who serve alcohol to minors and then injure someone else.

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On February 26, 2009, CHANGE Illinois, Coalition for Honest New Government Ethics, met for a news conference in downtown Chicago wherein it laid out its program to change Illinois politics. CHANGE Illinois’ statements of principles included a pledge to the citizens of Illinois for fair, open and honest government and for the efficient conduct of state business.

CHANGE Illinois is represented by leaders of civic, business, professional and philanthropic organizations and other leaders of Chicago and Illinois communities.

The purpose of CHANGE Illinois is to overhaul Illinois’ campaign finance systems, one of the most permissive and least regulated in the United States. The coalition urges that the General Assembly of Illinois adopts reasonable limits on individual and political action committee contributions to candidates and parties. CHANGE Illinois recommended implementing limits on fund transfers among political committees and instituting an aggregate limit on the amount of campaign money an individual donor can give to a political committee during an election cycle. CHANGE Illinois recommends that Illinois either prohibit the use of corporate and union treasury funds for political contributions or impose strict limits on direct contributions from corporate and union treasuries. Campaign finance limits are currently in place at the federal level and in most other states.

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In its recent ruling the U.S. Supreme Court ruled that premarket approval from the Food & Drug Administration (FDA) does not preempt pharmaceutical companies from being held liable when their drug fails to meet state standards. In Wyeth v. Levine the court held that drug manufacturers can be sued in state courts even when they follow the rules and standards set out by the FDA.

Wyeth v. Levine involves a female, Vermont musician who lost part of her right arm after Wyeth’s drug Phenergan was injected into one of her arteries. The drug’s FDA-approved warning label warned against administering the drug this way, but did not prohibit it.

Wyeth argued that they were not required to change their labels to comply with Vermont regulations and that meeting the federal standards was enough. Levine argued that she was able to bring a liability claim under Vermont law even though Wyeth complied with federal standards.

The key issue of the case was whether or not Levine’s claim was preempted since Wyeth met the federal standards. The Supreme Court ruled that the case was not preempted and that Levine is able to bring a claim under Vermont law.

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A February 2008 decision by the Supreme Court stands as a barrier to patients who desire to sue for medical device liability. The Supreme Court ruling in Riegel v. Medtronic, Inc. holds that patients or their surviving heirs would be barred from suing makers of complex medical devices like the Medtronic’s heart device product, if the Food and Drug Administration (FDA) approved its sale.

Since that ruling, judges nationwide have applied the Supreme Court decision to a wide range of cases where manufacturers was being sued. The most recent dismissal was just last week by the Wisconsin Supreme Court.

But now members of Congress want to change the law. Lawmakers and patient advocate groups say that that February 2008 Supreme Court decision left patients legally powerless against the FDA’s oversight of products.

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Car and truck manufacturers have largely ignored the product defects causing insufficient occupant protection and rollover crashes until recently, relying instead on inadequate minimum government standards. However, this is changing in light of increased pressure from a consumer-friendly government coupled with years of having to compensate victims of rollover deaths and personal injuries. These manufacturers are now taking steps to protect the public.

In 2005, the National Highway Traffic Safety Administration (NHTSA) proposed an upgrade to the 1973 version of the federal roof crush standard for automobile manufacturers. At that time, the standard was so weak that most occupants in a rollover would be severely injured or killed. That standard merely requires a vehicle roof resist a static force of 1.5 times the empty weight of the vehicle or 5,000 lbs., whichever is less. This kind of standard does not reflect the dynamic forces that a vehicle typically experiences in an actual rollover. In virtually every rollover, the roof makes contact with the ground on one side or then the other.

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On Sunday, March 1, 2009, citizens of Evanston, a north Chicago suburb, gathered at the Levy Center to discuss and focus on issues of energy, education and healthcare. Civil justice attorney Robert Kreisman facilitated as a group leader on healthcare.

The impetus behind the meeting was to promote ideas from the citizenry of this north Cook County area on local, state and national movements to improve the status of healthcare eligibility and coverage. The attendees were divided into small discussion groups that focused on different topics.

Also discussed was the pressing need to abandon reliance on foreign oil and to develop green energy projects. More than 150 enthusiastic and motivated participants were on hand for this first of several events centered on these subjects.

The Democratic Party of Evanston sponsored the event.

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Evidence shows that bus passengers in Illinois and nationwide run a higher risk today than in the past. Whether due to poor oversight, poor bus design, maintenance problems, or inattentive operators, the level of safety on the average commercial bus is far from what it should be. If these issues are not corrected then there will be a continued rise in the number of injured and killed passengers and tragic bus crashes.

One way to stem the increase in passenger injuries and deaths could be an increase or stricter enforcement of regulations in place to protect the traveling public. Poor reinforcement of the current regulatory structure has resulted in an environment where a bus company and its drivers operate freely without any fear of consequence.

Another measure is to increase safety features. Research has proven again and again that an increase in safety features can increase survivability in bus crashes. Yet commercial buses are not nearly as safe as they should be. Unlike safety measures taken in airplanes or cars, advances in passenger safety on buses have been slow. There are many ways to make buses safer.

For example, seat belts have been standard on both airplanes and automobiles, but not on buses. Incredibly most buses are not even equipped with seat belts.

Buses could also be made more crash worthy. The strength of a bus roof depends on its support structure. The pillars between the windows of the bus are critical. The bus manufacturers have enlarged their vehicles’ windows for the convenience of passengers, but the support structure for the roofs has been compromised.

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For decades scientists have been interested in the migration patterns of salmon. Recently scientists have discovered that alterations in salmon swimming patterns from the re-direction of streams and rivers has led to an increase in bruising on the fish. In fact, these salmon are found to have signs of brain injury.

The symptoms of brain injury were discovered when scientists began monitoring the effects of dams along salmon runs to detect the amount of force it put on the migrating fish. Scientists used everything from dummy fish containing accelerometers to even embedding sensors in live fish. These methods allowed scientists to detect brain injury in salmon.

This is important for the medical community because it mirrors the way that traumatic brain injury is detected in humans. Several years ago a researcher at the University of Florida experimented with testing for evidence of the breakdown of proteins found in cell membranes in order to assess traumatic brain injury in soldiers. The theory behind this method is that cell damage releases enzymes that break this specific protein into small compounds.

So when testing for traumatic brain injury in salmon the researchers applied a similar nonlethal test to the one used in humans that would examine spinal fluid for evidence of the breakdown products. Although more challenging in fish, the results are positive in the medical detection of traumatic brain injuries in both humans and salmon.

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