Recent Case Results
Tort reform initiatives are gaining momentum. As we have reported, several states are currently considering various tort reform initiatives that would cap the amount of damages that plaintiffs can recover in certain personal injury lawsuits, such as those involving allegations of medical malpractice. The latest state to introduce tort reform legislation is Pennsylvania. The proposed Pennsylvania legislation specifically targets Philadelphia, which has been has long been maligned by defendants in the personal injury lawsuits.
Currently, plaintiffs are allowed to litigate their claims in Philadelphia from anywhere in the state, but under the proposed bill, Pennsylvania’s local courts could only hear personal injury cases when the plaintiff is a resident, a corporation is locally headquartered, or the incident occurred in that district.
Pennsylvania is also seeking to reform the way the state handles joint and several liability in personal injury actions. In June 2011, Pennsylvania limited joint and several liability damages to a defendant’s share of the verdict if the defendant was less than 60% liable. Previously, plaintiffs were allowed to recover for 100% of their award from any defendant, even those who were minimally liable.
Other state governments that are considering tort reform include Tennessee, Virginia, North Carolina and Texas. For instance, Texas governor Rick Perry wants to limit non-economic damages, such as pain and suffering, at $250,000 in medical malpractice lawsuits against doctors and $750,000 for medical malpractice lawsuits against hospitals. Proponents of tort reform believe that limiting recovery in medical malpractice cases will help the nation’s health care system by reducing malpractice insurance costs for doctors and health care providers. Gov. Perry’s personal injury reform initiatives in Texas began in 2003 with the passage of legislation that limited the amount of money a plaintiff could receive in a medical malpractice lawsuit.
Tort reform initiatives, such as those that seek to impose damage caps, face a number of hurdles, however. Caps on damages may be deemed unconstitutional since the Seventh Amendment guarantees the right to a trial by jury in civil cases based on common law, which imposes no caps on civil trial damage awards by juries. Moreover, medical malpractice tort reform undoubtedly hurts patients and the public by failing to hold doctors, hospitals and other medical professionals financially responsible for their injuries or deaths that they have caused. As we recently reported, the vast majority of personal injury lawsuits are not frivolous. In fact, a study conducted by the Harvard School of Public Health analyzing more than 1,400 medical malpractice claims concluded that the majority of medical malpractice claims were meritorious and involved “injuries due to error,” with 80% involving death or serious injury.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
Pfizer recently recalled about 1 million packets of birth control pills due to a packaging error that could increase the likelihood of pregnancy. The recalled pills included 14 lots of Lo/Ovral-28 birth control pills and 14 lots of generic Norgestrel and Ethinyl Etstradiol pills, all of which were marketed by Akrimax Rx Products and have expiration dates between July 31, 2013 and March 31, 2014.
Birth control pills typically contain 21 days of active pills and 7 days of placebo pills, but some of the recalled packets contained too many active pills, others contained too few active pills, and still other packets contained active and inactive pills that were out of sequence.
“As a result of this packaging error, the daily regimen for these oral contraceptives may be incorrect and could leave women without adequate contraception, and at risk for unintended pregnancy,” Pfizer said in a statement. “…Consumers exposed to affected packaging should begin using a non-hormonal form of contraception immediately.”
Pfizer first learned of the problems with the pills when a customer complained to the company last October that she noticed that her package of pills did not contain the right amount of active and placebo pills. Upon further investigation, Pfizer learned that some packages of pills contained an extra active pill at day 22 or 28, one pack lacked an active pill at day 10, and another pack lacked an inactive pill at day 24. Pfizer notified pharmacies and distributors of the affected birth control pills on December 28, 2011 that it was recalled the pills.
Neither the U.S. Food and Drug Administration (FDA), nor Pfizer, have received any reports of adverse events, such as unintended pregnancies, but the FDA is investigating the matter. Women who do not take the correct amount of active pills in a one month cycle risk unintended pregnancy because they could ovulate without the proper hormonal dosage designed to prevent ovulation. Pfizer is advising women who have used the affected pills to consult with their doctors.
Many experts have begun speculating about whether the Pfizer recall could potentially lead to individual or class action lawsuits for any unwanted pregnancies. Product liability laws protect consumers from dangerous or defective products, including unsafe pharmaceuticals, due to design defects, manufacturing errors, or failures to warn the public of a potential risk associated with the product.
The Chicago product liability and medical malpractice attorneys at Steinberg, Goodman & Kalish are dedicated to protecting victims of personal injury, medical malpractice and product liability claims, including medical device recalls and unsafe pharmaceuticals.
Source: Pfizer Cites Packaging Flaws in Birth-Control Pill Recall
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
A new Illinois law that took effect January 1st effectively requires every backseat passenger to use a safety belt, with a few limited exceptions. Previously, only backseat passengers 19 years of age and under were required to wear seat belts.
The new law is aimed at preventing auto accident deaths and serious injuries. In 2009, Illinois saw 38 passengers who were not wearing seatbelts while riding in the backseat lose their lives when they were in an auto accident. Nationwide, 1,095 backseat passengers not wearing seat belts died in 2009, according to the National Highway Traffic Safety Administration. According to the Centers for Disease Control and Prevention, seat belts reduce serious crash-related injuries and deaths by approximately 50 percent.
A recent Chicago Sun-Times article highlights the risks of riding unrestrained as a passenger in a motor vehicle – whether in the backseat or front seat. Like front seat passengers, unrestrained backseat passengers can suffer head, chest and abdominal injuries in the event of an auto accident.
Backseat passengers can be “thrown from the vehicle,” according to James Doherty, medical director of trauma and critical care programs at Christ Medical Center in Oak Lawn. Backseat passengers are also at risk of becoming “human projectiles” during a car crash, which could injure or kill others in the vehicle, according to Doherty.
The law exempts passengers in ambulances, taxis, school buses, delivery trucks that make frequent stops and do not exceed 15 mph, and anyone with a physical impairment that makes it difficult to wear a seat belt (such as a broken collarbone or shoulder injury).
The law allows police offers to stop a vehicle if they see an unbuckled passenger. Offenders face fines starting at $25, which could amount to more, depending on court costs.
Drivers are reminded that children younger than 8 are required to be properly restrained in a child safety seat and children 12 and younger should ride in the back seat.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
Another fruit juice is the subject of health concerns – orange juice. Several weeks ago Coca-Cola found a fungicide called carbendazim, a toxic pesticide, in orange juice imported from Brazil and reported the problem to the U.S. Food and Drug Administration (FDA). In response, the FDA has halted imported shipments of orange juice while it tests orange juice shipments for possible contamination of carbendazim.
The FDA has indicated that it is not concerned about the safety of orange juice that is currently on store shelves, but if the tests reveal a public health concern, the FDA could take action to remove the product from retailers.
Some experts have expressed concerns that the presence of fungicide in imported orange juice highlights holes that exist in the FDA’s regulatory system. Although the U.S. has taken measures to prevent the presence of carbendazim and other pesticides in U.S. food sources, these measures have limited effect when other countries have not taken the appropriate measures to ensure that their products are free from dangerous chemicals. Accordingly, some experts recommend that the FDA take additional steps to prevent the importation of unsafe food products.
The orange juice scare comes on the heels of recent health concerns over levels of arsenic in apple juice. As we recently reported, an investigation conducted by Consumer Reports of apple and grape juice found that:
- Approximately 10 percent of the juice samples, from five brands, had total arsenic levels that exceeded federal drinking-water standards of 10 ppb, most of which was inorganic arsenic, a known carcinogen.
- One in four samples had lead levels higher than the FDA’s bottled-water limit of 5 ppb. (There are currently no federal limits for lead levels in juice, only water.)
- Apple and grape juice make up a significant source of dietary exposure to arsenic.
- Thirty-five percent of children 5 years of age and younger drink juice in quantities that exceed pediatricians’ recommendations.
- Mounting scientific evidence suggests that chronic exposure to arsenic and lead – even at levels that are below the limits for water – can result in serious health problems.
- Inorganic arsenic has been detected at alarming levels in other foods.
Consumers can be proactive about limiting potential exposure to dangerous chemicals by taking the following precautions:
- Drinking domestic, rather than imported, orange juice
- Drinking certified organic juice
- Eating fresh oranges and other fruit instead of drinking juice
The Chicago product liability attorneys at Steinberg, Goodman & Kalish are dedicated to promoting safe food sources and protecting the victims of product liability cases and foodborne illnesses.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
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The National Transportation Safety Board (NTSB) is calling for a nationwide ban on texting and making phone calls while driving. The NTSB's recommendation specifically asks all 50 states and Washington D.C. to ban all nonemergency use of cell phones and other portable electronic devices for all drivers. The NTSB is also recommending that states use the National Highway Traffic Safety Administration (NHTSA) method of high-visibility enforcement to support such bans, and that states implement targeted communication campaigns to inform motorists of the new laws.
“According to NHTSA, more than 3,000 people lost their lives last year in distraction-related accidents,” NTSB Chairman Deborah Hersman said in a statement. “It is time for all of us to stand up for safety by turning off electronic devices when driving. No call, no text, no update, is worth a human life.”
In the last several years, the use of cell phones and personal electronic devices has exploded, according to the NTSB. Globally, there are 5.3 billion mobile phone subscribers, which accounts for 77 percent of the world population. Nationwide, the percentage of cell phone users is even higher, exceeding 100 percent.
Texting and talking on a cell phone while driving can be incredibly dangerous, causing auto accidents and trucking accidents. In 2009, nearly 5,500 fatalities and 500,000 injuries resulted from crashes involving a distracted driver, according to the NHTSA. The NTSB’s recommendation is based on the investigation of several accidents caused by the use of electronic devices in recent years, including:
- A 2002 motor vehicle accident in 2002 that occurred after a driver “distracted by a conversation on her cellphone” crashed and killed five people in Largo;
- A 2004 bus accident on the George Washington Parkway that injured 11 high school students;
- A 2008 commuter train collision with a freight train in Chatsworth, California, in which 25 people were killed and dozens were injured; and
- A 2010 boating accident in Philadelphia that killed two tourists.
Currently, Illinois and Chicago laws and ordinances prohibit the following use of electronic devices while driving:
- Drivers under the age of 19 are prohibited from using wireless phones (with or without hands-free devices) while driving.
- All drivers are prohibited from text messaging, emailing, and using the Internet while driving.
- Drivers are prohibited from using cellular phones in school speed zones and construction/road maintenance zones.
- In Chicago, all drivers talking on mobile phones must use hands-free devices.
Source: Washington Post
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
Doctor report cards will soon be available through the Medicare claims database. On December 5, 2011, the federal government announced that its extensive Medicare claims database will be available to employers, consumer groups and insurance companies by late 2012.
The Medicare claims database includes comprehensive information on individual physicians, but does not include information regarding the patients that a doctor has treated. Medicare will allow individual doctors to see the information on their performance before it is publicly released and will also allow doctors 60 days to challenge any information included in the database.
Medicare acting administrator Marilyn Tavenner called the new policy “a giant step forward in making our health care system more transparent and promoting increased competition, accountability, quality and lower costs.”
The American Medical Association has expressed concerns that the information included in the database may be misleading in certain circumstances. Medicare plans to screen the analytical methods of groups that request access to the Medicare claims data, by requiring requesting organizations to pay for access to the Medicare claims information and requiring them to meet certain qualifications, such as access to their own claims data of their own.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
Source: “Medicare to open database for ratings of doctors, hospitals,” Chicago Tribune
Doctor report cards will soon be available through the Medicare claims database. On December 5, 2011, the federal government announced that its extensive Medicare claims database will be available to employers, consumer groups and insurance companies by late 2012.
The Medicare claims database includes comprehensive information on individual physicians [http://www.sgklawyers.com/Personal-Injury-Overview/Medical-Malpractice.shtml], but does not include information regarding the patients that a doctor has treated. Medicare will allow individual doctors to see the information on their performance [http://www.sgklawyers.com/Personal-Injury-Overview/Medical-Malpractice.shtml] before it is publicly released and will also allow doctors 60 days to challenge any information included in the database.
Medicare acting administrator Marilyn Tavenner called the new policy “a giant step forward in making our health care system more transparent and promoting increased competition, accountability, quality and lower costs.”
The American Medical Association [http://www.ama-assn.org/] has expressed concerns that the information included in the database may be misleading in certain circumstances. Medicare plans to screen the analytical methods of groups that request access to the Medicare claims data, by requiring requesting organizations to pay for access to the Medicare claims information and requiring them to meet certain qualifications, such as access to their own claims data of their own.
Source: “Medicare to open database for ratings of doctors, hospitals,” Chicago Tribune [http://www.chicagotribune.com/business/breaking/chi-medicare-to-open-data-for-ratings-of-doctors-hospitals-20111205,0,5577580.story]
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
Chicago bicyclists are no longer permitted to text or talk on a cell phone while riding a bicycle. On Wednesday, October 5, 2001, the Chicago City Council voted to ban talking or texting on a cellphone without a hands-free device while bicycling. The ban will go into effect in November 2011, and violators face fines of $20 to $50 for a first offense. Fines will increase for each subsequent violation. If the offense results in a traffic accident, the fine could be as much as $500.
In this article, Ald. Margaret Laurino (39th) who proposed the ordinance lauded the measure as “common sense” after having “seen people riding and texting with both hands.”
Texting or talking on a cell phone while riding a bicycle may seem to be a relative harmless activity, but it can be nearly as dangerous as texting while driving. Distracted bikers may swerve into oncoming traffic and trigger an auto accident between other vehicles on the road who try to avoid hitting the bicyclist. A distracted bicyclist could also collide with a motor vehicle on the road, potentially causing substantial injuries to the bicyclists and property damage to the vehicle.
It is also important to consult with an experienced personal injury attorney if you have been in an auto or bike accident. The Chicago auto accident attorneys at Steinberg Goodman & Kalish are committed to promoting safe driving practices, which also includes safe biking practices as bicyclists share the road with motorists. If you or a loved one has been in a bike or car accident, contact the knowledgeable Chicago personal injury lawyers at Steinberg Goodman & Kalish to discuss a possible personal injury lawsuit.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
