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Illinois Sexual Abuse Statute of Limitations

Illinois sexual abuse lawyers representing clients who were abused when they were children are confronted with four different versions of 735 ILCS 5/13-202.2. A careful analysis of the four distinct versions of the statute is essential in determining whether the claim is viable or fails due to the statute of limitation and/or the statute of repose. The 1991 version (effective 1-1-91) of 735 ILCS 5/13-202.2 provides that an action for childhood sexual abuse must be commenced within 2 years of reaching 18 or 2...

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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 adjustor for $3,250 a few weeks after the accident. About nine months later the young man’s behavior changed radically and he was ultimately admitted to a mental health center with a diagnosis of major depression, and he has...

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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” on July 28, 2011. Based on a recent study the NABP found that 96 percent of 8,000 rogue websites analyzed continue to operate out of compliance with U.S. pharmacy laws. In their...

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Illinois Wrongful Death – “In-Concert Liability”?

A tragic accident on Interstate 290 in Addison, Illinois occurred early Saturday morning February, 11, 2012, when a 32 year old intoxicated man, leaving a work-related event, drove his car into a stopped squad car that had been waiting for a tow truck as a result of a previous collision.. A 42 year old man in the squad car was killed in the crash and the state trooper was injured. The families of the victims of these tragedies are all too...

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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 state court system. First, the DePuy ASR XL Hip Acetabular System and the ASR Hip Replacement System that were recalled by DePuy Orthopedics in August 2010, were distributed by Premier Orthopedic Sales, Inc., an Illinois corporation (See blog...

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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. Many attorneys do not wish to get involved in cases where patients accidentally or intentionally overdose on these medications. There are several reasons for this reluctance. First, they frequently involve...

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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 common problem with the ASR hip implant systems is that its components come loose. One of the design defects of these hip implant systems is that the cup-“acetabular prosthesis”-is too shallow causing it to: (1) dislocate, and (2) to...

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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 sale of controlled substances prescribed by physicians who have never seen the patient. Non controlled prescription drugs are governed by the Food, Drug and Cosmetics Act (21 U.S.C. 301 et seq.) which does not explicitly address...

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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 the natural accumulation rule applies in in this case and that the CTA had no duty to remove the natural accumulation of ice and snow from its platform, nor any duty to warn of...

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