Illinois sexual abuse victims often confront confusing statute of limitations issues when bringing claims for chilhood sexual abuse. The Illinois Supreme Court held that under the common law discovery rule governing when a statute of limitations commences, there is no requirement that plaintiff must know the full extent of her…
Internet prescription drug overdoses are a threat to public health in the United States. Medical malpractice and product liability suits against the internet pharmacies, physicians who prescribe without a valid physician-patient relationship, and the pharmaceutical companies themselves currently are the only effective means to halt this public health threat. The…
Illinois hospitals were granted immunity from disclosing confidential patient records by the Illinois Supreme Court. Bagent.v. Blessing Care, d/b/a Illini Hospital, 224 Ill. 2d 154, 862 N.E. 2d 985 (Jan. 19, 2007). An Illinois woman’s common law right of privacy claim against a hospital that her confidential medical records were…
An Illinois internet prescription malpractice case that I tried last year now has resulted in the indictment of the very doctors sued. The doctors were charged in the civil suit with: (1) prescribing Xanax and Ultram to a patient they had never seen or examined; (2) prescribing excessive dosages and;…
An Illinois internet prescription malpractice case that I prosecuted beginning in 2004 opened my eyes to the widespread abuse of prescription drugs the internet facilitates. An unholy alliance has developed between physicians and the internet pharmacies that push drugs via spam e-mails and pay for click advertising. This is the…
An Illinois product liability verdict against Ford Motor and Mazda Motors for defective design of driver’s seat was affirmed, but the damage award of $27 million was reduced by an appellate court in Chicago on Nov. 22, 2006. On Feb. 4, 2000, decedent was a driver stopped at stoplight when…
In a Chicago wrongful death action that asserted claims for underinsured motorist benefits, the Illinois Supreme Court interpreted whether the “per person” limits of liability or the “per occurrence” limits of liability applied to family members derivative claims. The Illinois Wrongful Death Act, 740 ILCS 180/2 states: “…every such action…
A Chicago product liability suit that I tried recently resulted in $1.8 million verdict to a 40 year old Chicago man whose leg was crushed on an assembly line. Many interesting legal issues arose including who should be placed on the jury verdict form regarding apportioning fault among defendants, third…
An Illinois wrongful death verdict arising out of a construction accident where a scaffold collapsed was reversed by the appellate court in Chicago. The Court did rule that the defendants had waived any right to challenge the award of $14,230,000. The issue as framed by the Appellate Court: Is a…
One Chicago medical malpractice case that did not involve either doctors or nurses was resolved too late to benefit the victim. In 1999 a Chicago area woman went to her gynecologist for her annual pap smear. Because she had been previously diagnosed with a sexually transmitted disease she was at…