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April 2017 News & Updates
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Moll Law Group College Scholarship Finalists Announced
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Through it's years serving the American community, Moll Law Group has come to understand that one of the best ways to avoid serious injury is by taking preventative measures. That is why Moll Law Group offers bi-yearly scholarships to college students who write essays on the topic of safety and injury prevention. The following are the Spring 2017 finalists:
- Kirstyn Kedaitis from Lockport, IL
- Bryanna Jefferson from Richmond VA
- Tayla Cormier from Boston MA
- Ashley Unmacht from Sun Prairie WI
The winner will be announced April 17, 2017.
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Recently, a couple in California filed a lawsuit against the maker of SoyNut Butter, IM Healthy, alleging that one of the spouses suffered serious injuries as a result of consuming SoyNut Butter that was contaminated with E. coli O157:H7. The complaint alleges that as a result of the contamination the wife required hospitalization and extensive medical treatment. The complaint also states that she purchased the product at a popular retail store in California.
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Although medical devices are intended to help us cope with painful medical conditions and other ailments, in some cases they cause severe pain and distress, or even death. When a manufacturer fails to provide proper warnings with a medical device, fails to design the device in a reasonably safe manner, or fails to disclose adverse studies regarding the device, individuals who received the device may be able to recover compensation. Although personal injury laws are different from state to state, most jurisdictions recognize both a strict product liability cause of action and a negligence-based cause of action when it comes to defective medical devices.
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Recently, China and the European Union ceased imports of meat from Brazil, the world’s largest beef exporter, after police officials alleged that some of the inspectors may be accepting bribes to approve salmonella-contaminated or rotten meats for export. The announcement came as part of an anti-corruption probe in Brazil. Inspectors play a key role in ensuring the safety of meat products, preventing contaminated or diseased meat from entering the food supply and helping to enforce food safety regulations at processing plants.
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Medical devices are intended to improve our ailments and make our lives easier. Although this is achieved in many cases, there are some instances where medical devices do more harm than good due to design defects or a manufacturer’s failure to provide adequate warnings about the potential side effects.
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According to a number of lawsuits filed against Caldera, the mesh device contains a design defect that puts patients who receive it at risk for experiencing mesh erosion, scarring, migration, and other potentially permanent side effects including chronic pain. The company is also facing a number of lawsuits regarding its Desara and T-Sling pelvic mesh products containing similar allegations about severe injuries resulting after implantation of the devices.
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According to the recall announcement, physicians who have used the CRS device in shoulder replacement procedures are affected. The announcement encourages them to review the safety notice and other associated information regarding the CRS device, identify any remaining devices that have not yet been used in surgical procedures, and contact any patients who received the CRS device in a surgical procedure. Patients who received or believe they have received the CRS device should consult their physician immediately. Devices subject to the recall were manufactured between August 25, 2008 and September 27, 2011.
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According to a local news report, a convicted sex offender is accused of assaulting a fellow resident at a nursing home in New York. The accused resident is a 62-year-old man who was recently released from prison after serving 20 years for robbery and sexual abuse. His past history involved targeting elderly women. According to the allegations, the man entered a fellow resident’s room at night, pulled off her blanket, and molested her. He is also alleged to have touched other female residents before this incident. Read More.
In a recent case, a court decided that a resident’s estate could not be compelled to enter arbitration, even though the deceased resident’s daughter had signed an arbitration agreement on her behalf. When the resident was admitted to a nursing home, her daughter accepted a health care proxy designation on her mother’s behalf, but the mother never executed a durable power of attorney for her daughter. The daughter then signed the home’s admission agreement, which included an arbitration agreement. The arbitration agreement stated that the arbitration agreement was voluntary and that failing to sign the arbitration agreement would not affect a resident’s ability to stay at the facility.
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According to one news article, two nursing home aides were recently accused of abusing a 93-year-old nursing home resident. The report indicated that family members became suspicious after the 93-year-old great-grandmother began getting defensive when people tried to change her. She was also observed to be uncharacteristically nervous around women. The abuse was revealed after the family installed a hidden camera in her room. The video showed the aides tossing the resident into her wheelchair, threatening her, and pulling her hair. The two aides were 61 years old and 49 years old. They were charged with assault and battery on a person over the age of 60, and both of the aides were fired.
All residents have the right to live in a safe environment. Mistreatment against residents can come in the form abuse, neglect, or exploitation. Abuse can include physical, mental, verbal, and sexual abuse. Neglect is the failure to provide proper care to a resident. Exploitation means the illegal or improper use of a resident’s money or belongings.
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A landlord has a duty to tenants to keep the property in a certain condition and to make certain disclosures to tenants. If a home was built prior to 1978, renters must receive a lead-based paint pamphlet and any known information about the presence of lead-based paint. In Illinois, a landlord also has a special duty to minors. A landlord may be liable for injuries if the landlord knows or has reason to know that minors frequent the premises, there is a dangerous condition, minors are likely to be injured based on their failure to appreciate the risk, and the expense of remedying the condition is slight compared to the risk to minors.
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Perhaps the most common never events that occur in nursing homes are bed sores. A bed sore, also known as a pressure ulcer, is a skin condition that can develop, usually over a bony area, when too much consistent pressure is applied to the skin. Bed sores are most common among nursing home residents who are immobile. Nursing home staff should take extra precautions to ensure that immobile residents do not lie in the same position for hours at a time, and they should move or roll residents to prevent bed sores. Stage III and IV bed sores have been considered a never event by the Center for Medicare and Medicaid Services (CMS) for the past 11 years.
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Over 700 philanthropic-minded individuals, dedicated to making a positive difference for children affected by cancer, turned out to support the 24th annual Bear Tie Ball, XANADU: Making dreams come true on Saturday, March 11th, 2017. The event was held at The Aragon Ballroom and raised over $665,000 for Bear Necessities Pediatric Cancer Foundation. Moll Law Group President, Ken Moll, is a member of the Board of Directors for Bear Necessities Pediatric Cancer Foundation and a Bear Tie Ball Committee member and sponsor. Picture above is Ken Moll, his wife, Mary Claire Moll and their oldest son, Kenny Moll. Kenny is a cancer surviver and was a volunteer at the Bear Tie Ball.
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The nation's largest tobacco companies are in the e-cigarette business. While Tobacco Companies claim e-cigarettes are safe and can even help smokers to quit, many experts are not agreeing. "To date, there's been no evidence submitted to the FDA to support the claim that they help people quit smoking and when you look at the large population studies, which follow people over time and compare quitting behavior among people who use these e-cigarettes and don't, what that shows is that people who use e-cigarettes are actually less likely to quit smoking, then people who don't." Read More
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