Recent Blog Posts
Shampoo Causing Hair Loss?
If you’re a channel-flipper you may have run across infomercials for Wen shampoo, touting a unique formula “that cleanses hair thoroughly without lather or harsh sulfates found in some ordinary shampoos.” Celebrities including Brooke Shields and Angie Harmon have endorsed the product, and it is promoted by marketing firm Guthy-Renker, famous for Tony Robbins and other infomercials. Unfortunately, this “unique” shampoo makes your hair fall out, at least according to a complaint filed by more than 200 consumers in 40 states. In a lawsuit filed in the United States District Court for the District of California (link), which is itself unique as the pleading document contains pictures of consumers with chunks of hair missing, consumers allege that Wen shampoo contains harsh ingredients that cause hair loss, and further allege that the manufacturer knew about consumers’ complaints but refused to do anything about them. As we wait to see the outcome of this litigation, it is important to remember to be a diligent consumer and be appropriately skeptical of slick marketing campaigns.
A Special Place in Hell
Previously I wrote about Martin Shkreli, the 32 year-old “hedge fund” manager who acquired a 62-year-old drug used to treat infection and then jacked-up the price from $13.50 per tablet to $750 per tablet. As if that wasn’t enough, Mr. Shkreli has now gone out of his way to make sure he has a first class ticket to Hades. First, he told a Forbes magazine healthcare conference that if he could do it all over again, he would have raised prices even higher. Then, as reported by Bloomberg Business, rap group Wu Tang Clan put the only copy of its new album up for auction to the highest bidder and – you guessed it – Mr. Shkreli was the winning bidder, paying $2 million for a record album. All the while millions of sick, elderly, and otherwise hard-working Americans cannot afford the outrageous prices of prescription drugs. And this guy - who has been gouging these Americans with no remorse - spends $2 million on a record album? You may want to order your flame-retardant suit now, Mr. Shkreli, you’re going to need it.
Thinking of Buying a Compact Car? Highway Loss Data Institute Encourages You to Think Again
In an effort to reduce their gas prices and their impact on the environment, many Americans have turned to compact cars. However, the Highway Loss Data Institute (HLDI) suggests that you reconsider. This year, they analyzed 2012 and 2014 vehicles according to how frequently they received filings of personal injury claims. The results, released in October, consistently show just how dangerous compact cars can be.
Why Compact Cars Tend to Score Poorly
A basic understanding of the law of physics is all it takes to see why compact cars score lower in crash tests and the analyses such as those done by HLDI. Typically, compact cars have less horsepower and are overwhelmingly smaller than other vehicles on the road. When they are in an accident—or when they are at risk of colliding—compact cars are less apt when it comes to maneuvering out of trouble, and they usually suffer more damage. As a result, the occupants of these vehicles are at a higher risk of suffering a personal injury.
Construction Accidents and Third-Party Liability
By Daniel Kotin
We do not tend to think of fall and winter as prime months for construction to occur, but some building projects do not stop just because the temperatures may dip. This means that Illinois construction workers are at risk year-round of suffering a work-related accident. Just recently a construction worker in Chicago was killed instantly when something under pressure hit the worker in the face. Other common causes of workplace injuries and deaths include falling from heights, being crushed by machinery or heavy loads, and carelessness when working around power tools.
Workers’ compensation laws in Illinois provide injured workers (and the surviving family members of deceased workers) who are injured on the job an avenue through which they can recover monetary compensation for their injuries. But this is not the only avenue available to them.
School Bus Crashes Can Involve Several Responsible Parties
By Daniel Kotin
In the broad category of transportation, school bus crashes are rare. Statistically speaking, there are far more car accidents and truck accidents than crashes involving school buses - the resulting injuries to pedestrians and occupants of passenger vehicles can often be as serious as those seen in trucking accidents. And like trucking accidents, there can be a number of responsible parties that must be identified.
Why Identify All Responsible Parties?
One may question the wisdom and necessity of identifying all responsible parties as part of one’s investigation into a bus crash. After all, if the bus driver is at fault, why bother wasting time finding out who else is responsible? However, failing to identify all responsible parties can severely and negatively impact the amount of compensation you are able to recover. Most bus drivers do not have many assets and resources: if the bus driver is the only person against whom you bring suit, you many never fully recover all the compensation a court may award you.
Medication Errors Found in 1 Out of 2 Surgeries
In a truly frightening study, researchers at Harvard-affiliated Massachusetts General Hospital have found that a mistake was made in 1 out of 2 surgeries performed - and that is at one of the leading hospitals in America! Read about it here.
How a Criminal Prosecution Can Help Your Personal Injury Case
It is quite common for criminal actions – that is, those actions and activities that are described as crimes – to cause harm to one or more victims. The harm that these criminal activities causes can be the subject of a civil case that is filed around the same time as a criminal case is filed. There are some important differences between a civil case and a criminal case, even when they are based on the same facts:
- A criminal trial must be held within a specific period of time or else the defendant’s right to a speedy trial is violated;
- At a criminal trial, the defendant’s guilt must be proven beyond a reasonable doubt; and
- The defendant has a constitutional right not to testify at a criminal trial.
Serious Safety Questions Raised About Birth Control Device
Serious questions are being asked about the safety of the Essure birth control device manufactured by Bayer HealthCare Pharmaceuticals. According to a study in the British Medical Journal, the device, which is implanted in a woman’s fallopian tubes to induce scar tissue formation to block the tubes and prevent eggs from being fertilized, resulted in women undergoing 10 times as many surgeries to fix problems versus women who had their tubes tied. According to the FDA, patients have reported persistent pain and bleeding and the need to remove the device and repair damage. Therefore, it would seem that women should think twice and consult with their physicians before using Essure for birth control.
Toddler with Brain Damage Denied Medical Care
In a story that will make your blood boil, a toddler with brain damage and his entire family have been banned from receiving medical care by the 600 doctors that provide most of the medical care in Oklahoma, all because the child brought a lawsuit for what caused him to be brain damaged in the first place:
"Toddler with cerebral palsy allegedly denied medical care by more than 600 doctors," News Channel 4 (KFOR)
To punish this special needs child and his family by denying essential medical care is beyond the pale. I hope the good people of Oklahoma don’t tolerate this and stand up for this family.
Illinois Statute of Limitations: What You Need to Know
By Dan Kotin
After you have been injured in a personal injury accident, you cannot sit on your legal rights indefinitely. If you do not take action to assert your rights within a specific period of time, you can be prevented from attempting to exercise your rights in the future. The law that authorizes this to happen is referred to as Illinois’ statute of limitations. It is important to understand the specifics of the statute of limitations that may pertain to your case.
Purpose of the Statute of Limitation
Being threatened with a lawsuit or believing you may have exposed yourself to legal liability can be extremely disruptive to your personal life. You may take certain actions or refrain from taking other actions because you fear what may happen if a lawsuit is filed against you. The idea behind the statute of limitations is to prevent this sort of fear and confusion from existing for a prolonged period of time. By requiring those who have legal claims against you to exercise their rights promptly, you are able to move on with your life quickly.