Chicago Accident Law Blog

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 first of what will become a continuing focus on the practice of physicians prescribing frequently abused drugs based solely on an on line questionnaire. This article is not meant to criticize or impede a patient with a lawful prescription from having it filled over the internet.

In April 2004, a 30 yr. old plastic salesman along with his newly pregnant wife had just moved into their new home in suburban Chicago. He was an active man who played golf and basketball regularly. He loved reading Dostoevsky and Hemmingway. His sales job required 70-hour work weeks and he drove over 60,000 miles per year servicing his customers. Stress was very high and his back was bothering him, but his family life and work prospects were promising.

Continue reading "Internet Prescription Malpractice-Part 1" »

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 he was rear ended by a drunk driver. On impact decedent's seat flattened backwards and he was ejected toward the rear of the car causing injuries that led to his death three days later.

Decedent's estate filed a product liability lawsuit in Chicago alleging that driver's seat was defectively designed with inadequate strength making it unreasonably dangerous. The driver's seat was co-designed by Ford and Mazda and was a "yielding seat" meaning that when force applied it yielded in the direction of the force. This "yielding seat" met federal safety standards. However, plaintiff's expert testified that compliance with federal safety standards does not make a seat safe. Expert testimony revealed that a "rigid seat" transfers the energy forward in a rear end collision.

Estate expert witnesses testified the a "rigid seat" was feasible and would have protected decedent from his fatal injuries. Specifically, experts opined that risk of severe to fatal injuries was 10 to 25 times greater with a "yielding seat."

Continue reading "Illinois Product Liability Verdict of $27 Million Affirmed and Reversed" »