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Personal Injury

Appeals court remands case involving organ donor identity mistake

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The Indiana Court of Appeals affirmed earlier this week that a claim filed against some health care providers over corneal transplant tissue taken from the wrong deceased patient falls outside the state’s Medical Malpractice Act. The appellate court also reversed a lower court denial of a hospital’s motion for summary judgment and remanded the case for the entry of a…

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Walgreens again fails to escape cigarette illness lawsuit

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Retail pharmacy giant Walgreens has failed again to persuade a judge that it was improperly added to a man’s lawsuit against tobacco companies over cigarette-caused illness as a litigation tactic to ensure the case remains in Cook County’s courts. On Oct. 13, U.S. District Judge Sunil Harjani sent a lawsuit back to Cook County Circuit Court after finding the plaintiff…

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Family can’t sue Latin School over boy’s bully-driven suicide: Appeals court

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A state appeals panel will not allow the parents of a boy who died by suicide — which the parents attribute to bullying at Chicago’s prestigious Latin School — to sue the school and officials for their roles in the circumstances. Robert and Rose Bronstein’s son, Nate, died in January 2022. That April the couple sued Latin School and a…

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Covid ‘disaster’ declarations didn’t shield IL nurse practitioner from medmal suit: Appeals court

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A state appeals panel says a nurse practitioner isn’t immune from medical negligence litigation for conduct that occurred during a declared pandemic, even if there may have been an order from Illinois’ governor a judge thought made it so. DeKalb County Circuit Court Judge Bradley Waller had dismissed a lawsuit facing nurse practitioner Julie McGhee under an immunity provision of…

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Eli Lilly sued over stomach problems patient ties to Mounjaro and Trulicity

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A North Carolina man is suing Eli Lilly over its top-selling diabetes treatments Mounjaro and Trulicity, saying the drugmaker didn’t do enough to warn about serious side effects from the medications. Frank Campbell Jr. says in a lawsuit filed Wednesday that he was left with debilitating nausea, vomiting and abdominal pain from gastroparesis after he started taking the drugs. That…

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Uber can’t use widow’s user agreement to block suit over husband’s expressway death

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Uber can’t use its user agreement to block a lawsuit from the widow of a man who died while riding in a rideshare vehicle on a Chicago expressway, the Illinois Supreme Court has ruled. On Sept. 24, the state high court unanimously ruled Uber can’t send to arbitration the wrongful death lawsuit brought by the widow of Mark Geller, who…

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DoorDash defiant in face of Indiana Court of Appeals decision

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DoorDash maintains it does not owe a general duty of protection to other drivers after the Indiana Court of Appeals issued an opinion to the contrary. The court’s decision earlier this month centered on a lawsuit filed by Brian Oller over a 2020 accident in northern Indiana involving DoorDash driver Trey Culvey. Culvey ran a stop sign and crashed into…

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Appeals court sends insurance dispute over fatal car accident back to Tipton Circuit Court

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The Indiana Court of Appeals is sending an insurance dispute back to Tipton Circuit Court to figure out how the mother of a teen killed in a car accident should receive more money. Brittney Best had filed a claim against Travelers Insurance and AAA Insurance after her 17-year-old son, Jaxson, died in a 2023 accident. Best and the boy’s father…

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