There are many challenges in successfully pleading and prosecuting wrongful death lawsuits as a result of Covid-19 in Illinois. The Nursing Home Care Act, 210 ILCS 45/3-602 et seq., does not permit a wrongful death action, for the benefit of the decedent’s next of kin to be commenced pursuant to…
In Carter v. SSC Odin Operating, 237 Ill. 2d 30 (2010), the Illinois Supreme Court held that the Federal Arbitration Act, 9 U.S.C. 2, preempted the the anti waiver provisions of the Nursing Home Care Act, 210 ILCS 45/3-606 and 3-607. This meant that valid arbitration agreements could not be…
As an Illinois medical malpractice lawyer it is difficult to fathom a scenario where hospital administrators and physicians conspire to unnecessarily intubate patients and while intubated to overmedicate them so as to require a tracheotomy. This is precisely what transpired at Sacred Heart Hospital on Chicago’s west side according to…
No Illinois court decisions currently interpret when the statute of limitations expires on De Puy Hip Replacements lawsuits, but there are decisions by both the Illinois Supreme and Appellate courts that provide guidance. Illinois products liability statute of limitations is found at 735 ILCS 5/13-213(d) which provides that: ” ...the…
People injured in accidents in Illinois frequently hire an attorney recommended by a friend or who advertises on TV. The lawyer retained will sometimes have little or no jury trial experience-this question should always be asked before retaining the attorney. Oftentimes the client becomes unhappy with the lawyer-lack of communication,…
Purchasing prescription drugs over the internet without a valid prescription is shockingly simple. An internet connection, a credit card and basic Google skills are all you need to have prescription drugs delivered to your front door. The National Association of Boards of Pharmacy (NABP) issued a rare “public health alert”…
Illinois attorneys representing clients who have had recalled DePuy hip prosthesis implanted, should be aware that these lawsuits can be kept in the state courts. Care must be taken in drafting the complaint and attention should be paid to federal civil procedural deadlines regarding remanding a case back to the…
The business of prescribing and shipping prescription medications over the internet has been used by physicians and pharmacists to ship medication out of state based solely on an online questionnaire. This can be and frequently is a violation of federal law, and if it is intentional it is a felony.…
Illinois product liability lawyers need to be aware of the August 2010 recall by DePuy Orthopedics of its defective metal-on-metal hip implant systems. The two hip implant systems recalled are the: (1) ASR XL Acetabular System, and (2) ASR Hip Replacement System, which first became available in 2003. The most…
Physicians who prescribe drugs over the internet without seeing the patient and the pharmacies that fill and ship the drugs have sought to evade criminal and civil liability by prescribing non controlled substances. The DEA enforces the Federal Controlled Substances Act (21 U.S.C. 80 et seq.) which explicitly prohibits the…