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car recalled, Illinois product liability lawyerIn recent years, the number of cars recalled has increased. The recalls range from small issues, such as a mislabeled sticker or when a durability test found that a spring wears out prematurely, to large recalls, like Takata airbags that can possibly explode and spray shrapnel in the driver’s or passenger’s face, causing serious injury or death. When there is a defect with a vehicle, product, or one part of a vehicle, it is a product liability. The manufacturer is responsible for fixing the defect and compensating the affected parties.

A recall can start one of two ways: the manufacturer initiates the recall voluntarily or the National Highway Traffic Safety Administration (NHTSA) orders the manufacturer to recall a vehicle. Recalls are initiated when there is a safety related defect in the vehicle or a piece of equipment in the vehicle or when the vehicle or a piece of equipment does not meet federal standards.

Safety defects are defined in the United States Code for Motor Vehicle Safety as any problem that exists or arises in a vehicle or in equipment in the vehicle that creates a safety problem, exists or arises in a group of vehicles from the same design or manufacturer, or in a piece of equipment in a group of vehicles. The BMW motorcycles and Honda recalls are examples of safety-related recalls. BMW recalled over 40,000 motorcycles due to a defect in the rear wheel flange that can cause the back tire to come off. Honda knew about the Takata airbag defect but did not notify consumers in a timely manner, which resulted in several deaths.


Graco carseat recall, Chicago product liability law firmIn the largest car seat recall in U.S. history, Graco is being fined for not disclosing defects in over six million car seats. Defects in children’s car seats are a safety hazard and a product liability. Parents put their confidence in the car seat manufacturers to ensure that the car seats are safe and reliable. Knowing about a defect and not alerting consumers in a timely manner is a product liability and the manufacturer should be held responsible.

The National Highway Traffic Safety Administration (NHTSA) started an investigation in December 2014 due to a high volume of complaints that the latch on their car seats are too hard to unlatch. The defect has been connected with one death in California and has stemmed over 6,000 complaints.

NHTSA reported that Graco knew about the defect and were slow to tell consumers and recall their car seats. Federal regulations state manufacturers are required to report defects within five days of discovering them. They fined Graco $3 million to be paid immediately to the U.S. Treasury and are required to pay $7 million if they do not spend the same amount over the next five years to improve the safety of their car seats.


zimmer knee recall, Chicago medical device liability attorneyWhen a patient undergoes surgery of any kind, they expect that they will be able to recover and move on with their life. Having to undergo surgery again because of a defective product, like Zimmer’s Persona Trabecular Metal Tibial Plate knee placement, is not in their plans. Going through recovery the first time for a knee replacement is hard enough. Having to endure through it again is unacceptable and the company who designed the defective product is responsible for product liability.

The Food and Drug Administration (FDA) issued a Class 2 recall on the product. This means that while the Persona knee replacement is used it may cause temporary or medically reversible adverse health consequences. The recall affects all sizes and lots of Persona knee replacement products for both the left and right knees.

The Persona Trabecular Metal Tibial Plate knee replacements were meant to be used without cement and still adhere to the bone. Complaints from patients found that the knee replacement became loose or caused radiolucent lines or gaps between the bone and knee replacement. The gaps can fill with fluid or debris and cause more health issues. In all cases, patients complained of increased pain and some cited increased immobility.






reusable medical devices, Chicago medical malpractice lawyerReusable medical devices, like the duodenoscope, have led to deaths due to not being able to sterilize them sufficiently. Why does it take so long to update sterilization standards for reusable medical devices? This is a cause for concern, but the new standards are not required to be used on existing products on the market, even though that is where the concern and problems began. The Food and Drug Administration (FDA) is only requiring new products to adhere to new rules, stricter guidelines, and more testing.

Multiple deaths and infections, starting as early as 2012, have been linked to a deadly bacterial infection caused by a deodenoscope that was not completely sterilized because of the small crevices in the scope and the internal tubing. A duodenoscope is a device that is used to diagnose and treat diseases in the liver, gallbladder, and pancreas. It is inserted through a patient’s throat while they are being given general anesthesia and it continues down through the stomach to the point where the stomach and small intestines meet.

Due to the recent death of two people in a Los Angeles hospital being linked to contracting this deadly bacterium through reusable devices, the FDA is asking manufacturers to prove their products can be sterilized, including the small crevices where bacteria can live. Since the FDA is only requiring new market products to be held to higher standards though, it may take a while before they are practiced with current products in the market. This can lead to more deaths or injuries to patients.


right to compensation, Chicago medical malpractice attorneysWhen a doctor, medical staff, hospital, or nursing home is negligent or makes a mistake that causes injury or death to a patient it is called medical malpractice. The patient or patient’s family deserves the maximum compensation for the mistake or negligence. A new provision of a bill recently passed by the House of Representatives would protect the doctors and hospitals instead of the patient and their family.

If signed into law, the provision would put a limit on the amount of compensation victims of medical malpractice would be able to collect. The belief is that limiting the compensation will lower spending in the healthcare system. Texas already has a law that limits compensation to $250,000 per year, but it has not cut spending in the healthcare system. A study showed that spending per patient increased.

This provision does not benefit the patients. It benefits doctors, hospitals, and the healthcare system. It would prohibit the use of federal guidelines for the quality of care standards to be used in medical malpractice cases. This means if the doctor or hospital was negligent or caused you or a family member an injury or death, the quality of care guidelines would not be admissible in court to show the negligence.

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