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Moll Law Group College Scholarship Award Recipients
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Students were asked to write an essay on whether Johnson & Johnson should remove their talcum powder-containing products including Johnson's Baby Powder and Shower to Shower off the market completely or add a warning label in light of recent complaints alleging that they may cause ovarian cancer in regular users. Congratulations to the following recipients of the Moll Law Group Spring 2017 College Scholarship Award:
$1,000 - Kirstyn Kedaitis from Lockport, IL
$100 - Bryanna Jefferson from Richmond VA
$100 - Tayla Cormier from Boston MA
$100 - Ashley Unmacht from Sun Prairie WI
$100 - Neeraj Goyal from Sugar Land TX
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The U.S. Food and Drug Administration recently published a warning letter that it sent to St. Jude Medical, stating that the company likely downplayed the risks associated with its defibrillator batteries last fall. A defibrillator is a device that provides an electric shock to the heart in the event it begins to beat irregularly or cease beating entirely. The device is implanted in the patient’s chest and is battery powered.
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If a child is injured as a result of a dangerous product, his or her parent can bring a product liability claim against the manufacturer. In this type of claim, the plaintiff must show that the defendant designed the product in an unreasonably dangerous manner, that the product suffered from a design defect during the manufacturing process, or that the defendant failed to provide adequate warnings regarding the product’s potential dangers. Each state has slightly different requirements regarding what a plaintiff must show to prove that a product’s design is unreasonably dangerous. Some require the plaintiff to prove that a reasonable consumer would find it unreasonably dangerous, while others require the plaintiff to show that its risks outweigh any benefits.
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If you become ill or are injured as a result of ingesting contaminated food, you may be entitled to compensation. Food manufacturers have a duty to use reasonable care when harvesting, preparing, packaging, storing, cooking, and marketing their food products. This includes everyone from farmers to processors to servers at restaurants. Accident victims can assert a variety of claims against the potential defendants, and the requirements of each claim tend to vary from state to state.
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Injuries associated with e-cigarettes are becoming more common, and users face serious consequences if they are involved in an incident. According to one expert who recently presented at the American Burn Association annual conference, the battery can explode with enough force to cause permanent damage to the face, mouth, and teeth. An informal poll of information collected from roughly 20 burn centers throughout the U.S. indicates that there have been nearly 300 recent burn cases associated with e-cigarette malfunctions that required hospitalization. Due to the risk of explosion, the Federal Aviation Administration has also banned passengers from transporting e-cigarettes in checked baggage.
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When it comes to medical device and pharmaceutical lawsuits, the class action lawsuit is very common. In a class action lawsuit, one plaintiff or a group of plaintiffs files a lawsuit on behalf of a class of people who have similar legal and factual allegations. In general, there are four requirements that the plaintiffs must satisfy before a court will certify the matter as a class action. First, the class must be so numerous that it is not practical to join all of the prospective plaintiffs in one lawsuit. Next, there must be common questions of fact and law among the class members. Third, the claims or defenses that the representative plaintiffs intend to assert must be typical of the class members. And finally, the representative plaintiffs must advance the class interests fairly and with adequate protection.
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If you have suffered injuries as a result of a defective medical device, the experienced dangerous medical device lawyers at Moll Law Group are ready to assist you in seeking the compensation that you deserve. We have counseled numerous victims regarding a wide variety of products and devices, including clients located in Florida, Illinois, California, and New York. As a result of this experience, we understand how stressful this event is for you and your family, and we will ensure that your legal rights are protected throughout each step of the process. To schedule your free consultation, call us now at 312-462-1700 or contact us online.
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Nursing homes may be liable for acts or omissions that cause injuries to residents. Nursing homes are required to exercise reasonable care in caring for and protecting residents. Thus, in general, a nursing home has to exercise the degree of care and skill normally used by other long-term care facilities under the same or similar circumstances. Read More.
In some circumstances, going to trial is the best way for plaintiffs to obtain the compensation they deserve. But in other cases, plaintiffs may want to avoid trial and can obtain the results they want without having to wait until the end of a trial. In Illinois, a plaintiff can dismiss a claim against a defendant and resolve the case through an agreed-upon settlement. In some cases with multiple defendants, a plaintiff may be able to obtain a settlement against one defendant and proceed to trial against the others. Some settlements require court approval, while others require only the agreement of the parties involved.
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Lawsuits against individuals or business owners based on an umbrella injury generally allege that the defendant was negligent in properly securing the umbrella. Even the government is a potential defendant in beach umbrella cases. If the incident occurs on a public beach, for example, the government may be responsible, particularly if the lifeguard was aware of the potential hazard caused by the wind but failed to minimize the danger.
In nursing home lawsuits, once the plaintiff establishes that the nursing home owed a duty to the resident, the next question is whether the defendant’s conduct fell below the standard of care required under the circumstances. For example, a nursing home is normally expected to keep residents properly bathed and fed and to provide them with their medications. To prove that the staff was negligent, the staff’s conduct must have fallen below the relevant standard of care. Many nursing home residents are sick and elderly, and many residents die in nursing homes—thus, the fact that a resident died in the home’s care is insufficient. In order to succeed in a nursing home lawsuit, a plaintiff must show that the nursing home failed to properly care for the resident in order for the home to be held responsible. Accordingly, generally, expert testimony is required to establish the standard of care and to show that the nursing home’s conduct fell below the expected standard.
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In a recent case, a state supreme court had to decide whether an arbitration agreement, governed by the Federal Arbitration Act and entered into by a nursing home patient and her power of attorney, was enforceable against her husband after he brought a wrongful death action. The man brought a lawsuit against a nursing home after his wife died at the home, alleging that the home was negligent in the care of his wife and that this negligent treatment caused her death. The nursing home responded by arguing that the case had to be resolved through arbitration, and the trial court agreed. The plaintiff appealed, claiming that he could not be bound to his wife’s arbitration agreement as a wrongful death beneficiary..
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In a recent case, a mother sued her daughter’s doctor after her daughter overdosed on a combination of prescription and non-prescription pills. The daughter died on May 18, 2013 after she took a lethal combination of pills. On May 15, 2015, the mother filed the claim against her daughter’s doctor, alleging that the doctor negligently prescribed her daughter a combination of opiates and sedatives, causing her death. The claim was filed three days before the claim’s two-year statute of limitations expired.
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The Chicago City Day School 5K Fun Run-Walk is a fundraiser to benefit the students of the Chicago City Day School. Participants include students, parents, family, and friends of Chicago City Day School. The 5K Fun Run-Walk is a non-competitive event to celebrate the school community and raise important funds. Pictured above is Moll Law Group President Ken Moll (cougar), surrounded by race participants. This year it was held in Lincoln Park on April 29th, 2017.
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Using imported prescription medications can be a danger to your health. Imported medications and their ingredients, although legal in foreign countries, may not have been evaluated for safety and efficacy in the United States. And some imported medications may in fact be counterfeit versions that are unsafe or completely ineffective. If the drugs are ineffective, consumers may suffer complications from the very illness that their prescriptions were intended to treat. Read More
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