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December News & Updates
⛄️ Happy Holidays! ⛄️
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Proton Pump Inhibitors (PPIs) May Increase Risk of Developing Chronic Kidney Disease as Well as Acute Interstitial Nephritis
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Recent Developments in Proton Pump Inhibitor Cases
A Motion has been filed to Consolidate all Proton Pump Inhibitor cases filed in Federal Courts around the nation. Responses to this motion were due on November 22, 2016. There will be a hearing held in Miami on January 26, 2017. Within a week of that hearing, there will be a decision about whether to consolidate and before which judge. All requests to present oral argument must be filed by January 09, 2017. Our president, Ken Moll, will be attending the hearing and presenting oral argument to the court in support of consolidation. We will provide updates on this litigation.
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Judge Rules in Favor of Defense in Zimmer Biomet Defective NexGen Flex Knee Replacement Bellwether Lawsuit
Last month, Zimmer Biomet, a company that manufactures medical devices, won a lawsuit against a plaintiff who alleged that he suffered serious injuries as a result of being implanted with Zimmer Biomet’s NexGen Flex knee replacement device. The federal judge presiding over the Illinois lawsuit declared that the plaintiff had failed to establish that the product suffered from a design defect.
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Dept. of Justice Indicts Owner of Food Facility who Knowingly Distributed Cheese Contaminated with Listeria
The U.S. Attorney’s Office recently reported that a resident in Miami-Dade County was sentenced to almost one-and-a-half years in prison for knowingly distributing contaminated cheese. The defendant, Christian Rivas, owns a food business based in Miami called Oasis Brands, Inc. According to Count I of the indictment, the defendant engaged in intentional fraud when he delivered a packaged cheese product packaged at the facility that contained listeria. This is an incredibly harmful food contaminant that can lead to serious health consequences, sometimes requiring hospitalization and even leading to death on some occasions.
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St. Louis Jury Returns $70 Million Verdict against Johnson & Johnson and Supplier in Talcum Powder Ovarian Cancer Case
Earlier this month, a jury returned a massive $70 million verdict against Johnson & Johnson and Imerys Talc America in a lawsuit regarding the company’s talcum powder products. The verdict constituted $67.25 million against Johnson & Johnson, $65 million of which represented a punitive damages award. The jury assigned $2.75 million in damages against Imerys Talc America and $2.5 million in punitive damages. Unlike other types of damages, punitive damages are designed to punish a defendant that engages in willful, malicious, and reckless conduct.
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Samsung Recalls Top-Loading Washing Machine After Several Reports of Explosions
Sometimes it is easy to overlook the fact that there are hundreds of appliances and products in our daily lives that pose latent risks to our health and safety. Something as simple and common as a washing machine can lead to serious injuries if is not manufactured with reasonable safety and diligence. Recently, the Consumer Product Safety Commission issued a confirmation that there are serious risks associated with Samsung’s top-loading washing machines.
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California Agency Releases New Requirements for Prop 65 Dangerous Chemical Warnings
After a year of consideration, California’s Office of Health Hazard Assessment (OHHA) has issued
a final regulation for its “Safe Harbor” warning provision regarding Proposition 65. This new provision is designed to give consumers additional information regarding the contents of the products sold in California, particularly when it comes to potentially dangerous chemicals. The new regulation will go into effect on August 30, 2018, giving companies time to comply.
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New Food Safety Survey Sheds Light on How Much it Matters to Consumers
Consumers are paying more and more attention to food safety. Federal regulators are also making the safety and reliability of our food system a higher priority. A recent survey
from TrendSource, Inc., a San Diego-based data collection and analysis service, sought to figure out which perceptions diners have about food safety. The survey involved asking nearly 3,000 consumers who were at least 18 years old about a number of topics involving safety. The subjects included food handling, cleanliness, employee hygiene, and food-borne illnesses. The majority of the people who participated in the study were females with college educations, ages 31-60. The study focused primarily on fast-casual restaurants. Read More
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School Officials May Be Liable after Boy Hit by Car in School’s Driveway
In a recent case, a boy and his parents brought a lawsuit against school officials after the boy was hit by a car at his school’s driveway on his way to school. The school was located near a highway, and the school’s entrance was busy around the opening and dismissal times during school days. There was no traffic light or person directing traffic at the intersection of the driveway. The boy alleged the superintendent, principals, assistant principals, and others negligently supervised school staff and students during school hours. The defendants claimed they were shielded from liability through governmental immunity.
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Plaintiff’s Expert’s Conclusions Protected by Work Product Doctrine
In a recent case, a man sued the maker of his utility terrain vehicle (UTV) after the UTV overturned, and the roof failed, causing his injuries. The man designated four expert witnesses to testify in his case at trial. For one of the experts he designated, the man said the expert would testify as to the UTV’s performance, the forces involved in the accident, and factors affecting the UTV’s performance. The man did not explain the expert’s analysis or his conclusions on the issues in the case. Shortly afterward, the man told the defendant and the court that he was no longer going to use the expert as one of his witnesses. However, the defendant then requested to have the expert’s deposition taken, seemingly to find out what his conclusions were.
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Woman Sues Casino After Injury While Boarding Shuttle Bus
In a recent case, a woman sued a casino after she was injured while boarding the casino’s shuttle bus. The woman was attempting to board a crowded shuttle bus provided by a casino when she claims she was pushed and fell. She suffered a broken bone in her hip that required immediate surgery. The casino operated the free shuttle for certain people and picked them up at different places to take them to the casino. One witness said that there was often a chaotic scene at the shuttle bus pickup at that time. Despite that, no additional precautions were taken by the casino to ensure passengers boarded the bus safely.
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Man Injured While Being Moved by Hospital Staff Has Lawsuit Blocked Due to Statute of Limitations
In a recent case, a plaintiff who was receiving treatment at a hospital was injured as he was being moved on a gurney within the hospital by medical personnel. While the plaintiff was being transferred, the gurney tipped over, and he suffered fractures as a result. The plaintiff filed a claim against the hospital. The complaint was filed more than a year but less than two years after the injury.
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Customer Allowed to Pursue Claim Against Trampoline Park, Even Though She Signed Waiver
People sign contracts all the time. When someone purchases a ticket to a concert or installs a new software on their computer, they probably signed the contract without giving it much thought. It is only later when an issue arises that the terms of the contract really become important. However, a recent case shows how sometimes even if someone has agreed to the contract’s terms, the terms may not be legally enforceable.
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Baby Powder Found to Cause Cancer; Moll Law Group Can Help
Earlier this month, a St. Louis jury awarded a woman over $70 million in a personal injury lawsuit against Johnson & Johnson, alleging that the company’s baby powder caused her ovarian cancer. According to one national news source
covering the case, the plaintiff relied on several studies that have linked the long-term use of talcum powder, especially in the genital area, to ovarian cancer. Johnson & Johnson denies any claims that its baby powder is unsafe and told reporters that the company plans to appeal the case to a higher court. Read More
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Moll Law Group Supports Lincoln Park Zoo
The Women's Board of Lincoln Park Zoo held its annual event, ZooLa 2016, at the Casino Club on November 3,2016. Hosted by the event’s co-chairs Bridget Campbell and Beth Kies, the successful philanthropic annual event was attended by more than 160 guests and raised more than $200,000 for Chicago's prized public outdoor zoo and green space. Notable attendees included President of Moll Law Group, Ken Moll, and his wife, Mary Claire Moll. Read More.
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We’ve all heard the saying, “it’s all fun and games until someone gets hurt.” Regardless of age, riding a bike is fun! It’s an easy way to burn calories, build strength and achieve wellness. According to recent statistics over 500,000, department visits and over 800 cyclists lost their lives from bicycle-related accidents. It’s never been more important to take an active role in bicycle safety. The first thing all cyclists should do is check your bicycle.
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