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Chicago Accident Law Blog

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Traumatic Brain Injury-Release Signed-Mutual Mistake of Fact

Recently I settled an Illinois traumatic brain injury lawsuit immediately before trial for $800,000. This case was complicated by the fact that the 19 year old male passenger in a car struck by a truck pulling off a stop sign actually signed a release settling his claim with the claims…

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Online Prescriptions Are Becoming A Public Health Threat

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”…

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Keeping Illinois DePuy Hip Implant Lawsuits in State Court

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…

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Online Malpractice Is Criminal

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.…

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Illinois DePuy Hip Implant Recall Lawyers

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…

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Online Medical and Pharmacy Malpractice

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…

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Illinois Enshrines “The Natural Accumulation Rule”

Illinois personal injury lawyers representing clients who are injured slipping on snow or ice will now find that the likelihood of obtaining compensation for the client is remote. In Krywin v. Chicago Transit Authority, 238 Ill. 2d 215, 2010 WL 2780319, (2010), the Illinois Supreme Court held: We conclude that…

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Illinois Sexual Abuse Victims Law Updates

Illinois sexual abuse victims and their attorneys have experienced progress and setbacks in attempts to receive just compensation for their injuries-many of which are catastrophic and permanent. …735 ILCS 5/8-2801 protects victims of sexual abuse having to defend against evidence of other sexual behavior. This is extremely important because victims…

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Illinois Uninsured and Underinsured Motorist Claims

Illinois car accident attorneys should be aware of two recent opinions which expand the rights of injured parties to recover in uninsured motorist and underinsured motorist claims: (1) Uninsured Motorist claims – Nicholson v. State Farm Ins. Co., 2010 WL 1208887 (Ill. App. Ct. 2nd Dist.) released March 23, 2010.(2)…