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Etzler Lawhead Legal Group, PC

FL woman’s baby formula lawsuit doesn’t belong in Cook County, appeals court says

By Personal Injury No Comments

A Florida woman whose premature newborn son died in Florida after contracting an illness allegedly caused by consuming cow’s milk-based infant formula, administered by medical staff in a Florida hospital can’t use Cook County’s famously plaintiff-friendly courts to sue Abbott Labs, the formula’s Lake County-based manufacturer, a state appeals panel has ruled. In the decision, the appellate justices said they…

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Japan Brake can’t stop Madison County asbestos lawsuit: Appeals court

By Personal Injury No Comments

A Japanese automotive brakes maker can’t escape becoming a target for asbestos lawsuits in Illinois courts, a state appeals panel has ruled. On Sept. 8, a three-justice panel of the Illinois Fifth District Appellate Court sided against manufacturer Japan Brake Industrial Company in its bid to exit a lawsuit brought by the family of plaintiff Donald R. Taylor over claims…

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Illinois court overturns $165K comp medical award

By Workers' Compensation No Comments

An Illinois appeals court overturned a $165,353 workers compensation medical award and more than $46,000 in legal fees and costs, ruling that an injured worker was entitled only to reimbursement for amounts actually paid to his medical providers. In Jenkins v. McLaughlin Body Co., the Appellate Court of Illinois, Fourth District, ruled Wednesday that a lower court improperly based its…

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Indiana court upholds benefits for worker who fainted while driving

By Workers' Compensation No Comments

An Indiana appeals court ruled that a parks employee who was injured after losing consciousness while driving a work vehicle is entitled to workers compensation benefits. In Harrison County Parks & Recreation v. David Hussung, the Indiana Court of Appeals on Friday affirmed a Workers’ Compensation Board finding that Mr. Hussung’s injuries arose out of his employment, even though his…

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Auto parts manufacturer must face suit over worker’s son’s asbestos death

By Personal Injury No Comments

A Japanese brake manufacturer must face an Illinois lawsuit alleging that asbestos in its products caused a dealership worker’s son to develop fatal mesothelioma, an Illinois appeals court ruled. In Taylor v. Japan Brake Industrial Co. Ltd., the Appellate Court of Illinois, Fifth District, on Tuesday affirmed a lower court ruling that Illinois courts have specific jurisdiction over Japan Brake,…

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Suit: Medical errors led to woman’s death after hip surgery

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The estate of a Kanawha County kindergarten teacher has sued CAMC, several physicians, nurse anesthetists and health care staffing companies, alleging an unrecognized internal hemorrhage after hip surgery caused her death. Franklin Harman, administrator of the estate of his mother, Cynthia Ellen Harman, filed the medical malpractice and wrongful death lawsuit August 25 in Kanawha Circuit Court. In addition to…

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Federal appeals court weighs in on prisoner lawsuit over treatment during rides to and from hospital

By Personal Injury No Comments

The 7th Circuit Court of Appeals affirmed and vacated in part a district court ruling granting qualified immunity to state correction officers accused of violating an inmate’s Eighth Amendment rights against cruel and unusual punishment during some transport rides. Appeals Court Judge Doris Pryor stated in vacating part of the lower court ruling that any reasonable jury could conclude that…

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Abbott Labs to pay $670M to settle 2K baby formula NEC suits

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Abbott Laboratories has agreed to pay $670 million to end 2,000 lawsuits brought by parents who claim their children were harmed or died after drinking Abbott’s Similac-brand baby formula. The settlement, announced Aug. 20, will include a Missouri case in which a St. Louis jury had ordered Abbott to pay one family $495 million. In announcing the settlement, Abbott appeared…

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Bill would expand radiation exposure compensation program

By Workers' Compensation No Comments

A bipartisan group of federal lawmakers has introduced legislation that would significantly expand eligibility and benefits under the Radiation Exposure Compensation Act, including increasing certain payments to $150,000 and extending the program for 15 years. H.R. 10115, introduced Monday, would expand compensation for people exposed to radiation from atmospheric nuclear testing, Manhattan Project waste and other nuclear-related activities. The bill…

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