The recent report published in the Archives of Surgery in October 2010 paints a grim picture regarding surgical errors. According to the report, there is a “persisting high frequency of surgical ‘never events, or errors that are entirely preventable and should never occur, despite the fact that hospitals must abide by a universal protocol of […]

DePuy Orthopaedics, a division of Johnson & Johnson, recently recalled two of its popular hip replacement systems the DePuy ASR XL Acetabular System and the ASR Hip Resurfacing System due to a higher-than-normal failure rate of the devices. Despite the devices’ marketed success since they were approved by the U.S. Food & Drug Administration in […]

Graco recently recalled approximately 2 million Graco strollers because the strollers have been known to cause entrapment and strangulation, including four deaths between 2003 and 2005. There have also been several reports of infants becoming entrapped in the stroller, resulting in cuts, bruises and difficulty breathing. The recall includes the older versions of the Graco […]

In April, we reported that the Court of Appeals of Maryland heard oral arguments in a case regarding personal injury damage caps. In the case being appealed, the parents of a young child who had drowned received a jury award of $4 million for their pain and suffering, but the damages were reduced to $1 […]

In Anderson v. Zamir, No. 5-08-0542, the Appellate Court of Illinois, Fifth District, took the unusual step of reversing a jury verdict and remanding the case to the trial court for a new trial on the issue of damages. In Anderson, the plaintiff was injured in a car accident with the defendant, in which the […]

Ronald Miller at the Maryland Personal Injury Lawyer blog recently discussed an interesting Chicago Law Review article, Dollars and Death, 72 U. Chi. L. Rev. 537 (2005). The article is authored by Eric Posner (Judge Richard Posner’s son) and Cass Sunstein. In the article, the authors examine ways to make wrongful death compensation more uniform […]

Earlier this month, in Fox v. Hayes, No. 08-3736, the United States Court of Appeals for the Seventh Circuit issued a decision of interest to Illinois personal injury attorneys. Although the complaint focused on claims of false arrest arising from the arrest of a father in relation to his 3 year old child’s death, the […]

Damage caps for personal injury lawsuits have been in the news a lot lately. For example, just a few weeks ago we posted about the recent Illinois Supreme Court decision, which held that the law capping recoveries in medical malpractice lawsuits was unconstitutional. A similar law was at issue earlier this month in Maryland. On […]