October 8, 2012

Meningitis Causing Several Deaths Throughout the Country

The Centers for Disease Control and Prevention has reported at least 8 deaths and at least 105 cases of fungal meningitis linked to steroid shots administered for back pain. So far, cases have been reported in Michigan, Tennessee, Indiana, Virginia, Florida, Maryland, North Carolina, Ohio, and Minnesota. The steroids were produced by a company in Massachusetts, which has since recalled them.

Fungal meningitis is rare and usually contracted when fungus reaches the spinal cord through the blood stream. This illness may cause symptoms including, fever, stiff neck, headache, nausea, vomiting, sensitivity to light and an altered mental state. In some cases it can even cause death.

To speak with Joseph Klest if you or someone you know has been diagnosed with fungal meningitis, click here, or dial 866-264-7639 for a free consultation.

© Joseph G. Klest, 2012.

April 3, 2012

Illinois Supreme Court ruled Company owes a duty of care to family’s indirect asbestos exposure.

A recent ruling by the Illinois Supreme Court determined that companies whose employees are exposed to asbestos on the job may owe a duty of care to protect the worker’s family members who are exposed to asbestos second-hand. The facts of the case involved the wife of a railroad company employee who was diagnosed with mesothelioma. She sued her husband’s employer, claiming that she became sick after being exposed to asbestos that was on her husband’s clothes. This ruling by the Court overturns the ruling in a previous case involving a wife who sued the company where her husband worked for 6 years, rejecting the argument that a direct relationship must exist, like that of a company and employee, in order for the company to have a duty of care.

This new decision has potentially expanded the types of possible claims people have for injuries or illness suffered caused by asbestos exposure. If you or someone you know has questions relating to an illness caused by asbestos exposure, please click here or call 866-264-7639 for a free consultation with an experienced, Chicago personal injury lawyer.

© Joseph G. Klest, 2012.

December 16, 2011

Arctic Cat snowmobiles recalled because of crash hazard

The U.S. Consumer Products Safety Commission recently announced that Arctic Cat snowmobiles, models F, XF and M, were recalled due to a safety hazard. The affected snowmobiles can be identified by their Vehicle Identification Numbers (VIN). The snowmobile VIN numbers recalled include the following ranges: 105092 through 112175 or 800001 through 800033.

According to reports the headlamp fuse on these vehicles can fail causing a risk of disorientation to the operator when visibility is low. This condition poses a possible crash hazard.

Faulty consumer products and defective auto parts can cause serious injuries. An experienced injury lawyer can advise you of your rights and guide you through the legal process when seeking compensation for your injuries. The Klest Injury Law Firm has been representing injury victims in Illinois for nearly 30 years. If you or someone you know has been injured in an accident due to no fault of their own, click here, or dial (866) 264-7639 to schedule your free consultation.

© Joseph G. Klest, 2011.

September 16, 2011

Target recalls Chefmate Blender because of laceration hazard

Target Corporation and the U.S. Consumer Product Safety Commission have announced a recall of by the Target, Select Brands Chefmate 6-Speed Blender. While operating the blender, there is a reported risk of the plastic pitcher separating from the blade assembly, which can expose rotating blades and cause laceration.

The recall affects all Chefmate® 6-Speed Blenders, model BL-10. The model number can be found on the bottom of the base. The item is sold exclusively at Target stores. Consumers are advised to immediately stop using the blenders and return them to any Target store for a full refund. For more information, consumers can contact Target Guest Relations at (800) 440-0680 or visit www.target.com.

If you or someone you know has been injured by the Target, Select Brands Chefmate 6-Speed Blender, please click here, or dial 866-264-7639 for a free consultation.

© Joseph G. Klest, 2011.

September 14, 2011

LG dehumidifier recall announced again due to home fires

The U.S consumer Products Safety Commission and LG Electronics are urging consumers to check if they have the previously recalled Goldstar or Comfort-Aire dehumidifiers in their home. The dehumidifiers were previously recalled due to a serious fire and burn hazard. It is estimated that the dehumidifiers were responsible for more than one million dollars in property damage.

For more information contact LG toll free at (877) 220-0479 or visit the company’s website at www.30pintdehumidifierrecall.com

Manufacturers in Illinois and throughout the United States are required to produce safe products or otherwise provide adequate warning for unsafe features. If you have any questions about the safety of Goldstar or Comfort-Aire dehumidifiers or would like to speak to an attorney, please click here or dial 866-264-7639.

© Joseph G. Klest, 2011.

September 9, 2011

Pottery Barn dolls recalled due to strangulation hazard.

On September 8, 2011 the U.S. Consumer Product Safety Commission announced a voluntary recall of Pottery Barn’s Chloe, Sophie and Audrey soft dolls due to a strangulation hazard. The doll’s hair and headband are large enough to fit around a child’s neck and pose a strangulation risk to children.

Consumers are instructed to immediately take these dolls away from children. For more information about the dolls and the recall, consumers are asked to contact Pottery Barn Kids at (855) 880-4505 between 4 a.m. and 9 p.m., Pacific Time, seven days a week or visit www.potterybarnkids.com

The Klest Injury Law Firm has been representing injury victims in the Chicago area for nearly 30 years. If your child has been injured by Chloe, Sophie and Audrey soft dolls, please click here, or call (866) 264-7639 for a free consultation.

© Joseph G. Klest 2011

August 18, 2011

Phil&teds metoo table-top clip-on chairs recalled due to child safety hazard

On August 17, 2011, the U.S. Consumer Product Safety Commission announced a voluntary recall of 54,000 metoo table-top clip-on chairs by phil&teds USA, Inc. The announcement warns that a defect in the chairs can cause them to detach from different types of table surfaces, posing a risk to children of lacerations and even finger amputation.

The chairs were sold through a variety of retail, specialty and online stores from May 2006 to May 2011 at prices ranging between $40 and $50.

Consumers are instructed to immediately stop using the chairs and contact phil&teds USA, Inc., by phone at (855) 652-9019 or by visiting the company’s website at www.philandteds.com/support for additional support and information.

The Klest Injury Law Firm has been representing injury victims in the Chicago area for nearly 30 years. If your child has been injured by phil&teds metoo clip-on table-top chair, please click here, or call (866) 264-7639 for a free consultation.

© Joseph G. Klest 2011

June 24, 2011

Dole Recalls Contaminated Pre-Mixed Packaged Salads in Illinois

According to the U.S. Food and Drug Administration, the Dole food company announced today that it would be recalling about 3,500 packaged salads due to bacterial contamination concerns. The recalled salads include Dole’s Italia Blend and Kroger Fresh Selections Italian Style Blend. No illnesses have yet to be reported from the consumption of the contaminated salad. Reports have indicated that these salad mixtures were distributed in twelve states including Illinois. The FDA reports the following products are contaminated: "2,880 cases of DOLE Italian Blend salad with Use-by Date of June 19, 2011, UPC code 7143000819 and Product Codes 0049A157201A, 0049A157201B, 0049A157202A, 0049A157202B, 0686A157202A, 0686A157202B and 442 cases of Kroger Fresh Selections Italian Style Blend salad with Use-by-Date of June 19, 2011, UPC code 1111091045 and Product Codes A157201A & A157201B.”

Reports have indicated that the salads may be contaminated with Lysteria monocytogenes, a bacteria that can cause gastrointestinal illness. Listeria monocytogenes is one of the most virulent foodborne pathogens with 20 to 30 percent of clinical infections resulting in death. It is reportedly responsible for approximately 2,500 illnesses and 500 deaths in the United States annually. More information about the contaminated salad products can be found on the FDA website. Any with questions regarding the product recall is encouraged to contact Dole at (800) 356-3111.

If you have any questions regarding contaminated products or would otherwise like to speak with an attorney, please click here.

December 20, 2010

Jimmy John’s Alfalfa Sprouts Linked to Salmonella Outbreak in Illinois

Alfalfa sprouts from certain sandwiches at Jimmy John’s restaurant locations in and around Chicago have been linked to a widespread outbreak in salmonella. The Illinois Department of Health announced on Friday that it had received 46 reports from individuals that had gotten sick from ingesting alfalfa sprouts from Jimmy John’s sandwiches. The outbreak has hit residents of Cook, McHenry, Will, Kankakee, Champaign, Peoria, Adams, McLean and Winnebago counties with the earliest reports dating back to November 1. The State has contacted Jimmy John’s regarding its findings but it is up to the restaurant to determine whether to discontinue use of the sprouts. Jimmy John’s carries four sandwiches that contain sprouts. The State of Illinois continues to look into the source of the sprouts including alfalfa producers and suppliers to the region.

Salmonella poisoning can be characterized by diarrhea, vomiting, fever and stomach cramps. The symptoms typically develop within six to seventy two hours after bacterial contact. There are an estimated 142,000 persons each year infected by salmonella, about 30 of those cases turn fatal. If you have any of the symptoms associated with salmonella or were otherwise exposed to a product that you believe might contain the bacteria, you should contact a doctor immediately.

If you would like to speak with a Chicago injury lawyer regarding salmonella victims’ rights, please click here.

October 14, 2010

Evenflo Announces Recall of about 18,000 Child Safety Seats

The National Highway Traffic Safety Administration announced today that Evenflo has issued a voluntary recall of some 18,000 child booster seats. The recalled child safety products go by the name of Maestro Combination Booster Seats. The recall was initiated after the child safety seats developed troubling cracks during certain laboratory tests simulating high impact front end collisions. The recall notice states that these types of accidents may cause a crack at the front of the seat adjacent to the harness adjuster causing inadequate restraint of the child and increasing the risk of injury. The NHTSA has determined that the seats fail to conform to the structural integrity requirements of the motor vehicle safety standards.

The recall specifically targets some 13,792 booster seats with model numbers beginning with “310”. These seats were reportedly manufactured between November 24, 2009, and April 9, 2010. Additionally, about 5,000 Canadian units have been recalled and removed from shelves. Evenflo is providing owners of the at-risk booster seats with a reinforcement plate along with repair instructions. The company has indicated that children under 40 lbs should not be placed in the seat without a repair bracket installed. The reinforcement kits can be obtained by calling 1-800-233-5921.

If you are an Illinois parent, you should be sure to check your child’s safety seat to ensure that it is not one of the at-risk products. Manufacture and design defects can lead to very serious injuries. If you would like to speak with a Chicago lawyer regarding a defective product, please click here.

November 24, 2009

Infant Deaths Lead to Biggest Crib Recall in History

The U.S. Consumer Product Safety Commission ("CPSC") announced Monday that nearly 1.2 million U.S. cribs are to be recalled following four infant suffocations. The cribs are manufactured by Stork Craft Manufacturing and some carry the Fisher Price logo. The at-risk cribs were manufactured and distributed between January 1993 and October 2009 and were sold at retailers such as Sears and Wal-Mart. The recall reportedly involved drop-side cribs which are equipped with a sliding side that allows parents to more easily use the cribs. These drop sides have shown a propensity to detach from the crib causing infants to get stuck between the crib and the mattress. The CPSC has reported at least four infant fatalities arising out of the use of the cribs.

The Stork Craft cribs reportedly have a hardware deficiency which can break or deform after use. When the part malfunctions the crib’s sliding side becomes detached from the crib creating a dangerous gap where an infant can become trapped. The cribs have also had problems related to assembly mistakes by crib owners. When the drop side is installed upside down it is susceptible to malfunction. Stork Craft has made a repair kit available which converts the drop side into a permanently static crib. The CPSC is urging parents to stop using the cribs immediately unless the drop side repair kit has been installed.

Manufacturers in Illinois and throughout the United States are required to produce safe products or otherwise provide adequate warning for unsafe features. If you have any questions about the safety of dropside cribs or would like to speak to an attorney, please click here.

July 6, 2009

Chicago Area Boy Killed in Expressway Car Accident

A 13 year old Chicago boy was killed Saturday night following a deadly car accident in Hanover Park, IL. According to Illinois State Police Sgt. Michael Myhre, the car accident occurred when a minivan travelling west on the Elgin-O’Hare expressway lost control and left the roadway around 6:00 p.m. According to reports, a 13 year-old male passenger was ejected through the window of the vehicle during the crash. The boy was killed when the vehicle subsequently rolled over on top of him. The vehicle finally came to rest just east of the Lake Street exit on the Chicago expressway.

The driver of the minivan has been identified as 32 year-old Marissa Vega of the 2600 block of West Crystal Street in Chicago, IL. Police have identified Ms. Vega as the mother of the deceased boy. The vehicle passengers have been identified as 61 year-old Nimia Vega of the 3200 block of West Wabansia St. in Chicago; 33 year-old Victor Vega of the 2600 block of West Crystal St. in Chicago; and 53 year-old Antonio Flores of the 3200 block of West Wabansia St. The name of the deceased boy has not been released by Chicago police. All of the crash victims were taken to St. Alexius Medical Center in Hoffman Estates with non-life-threatening injuries. The cause of the accident is still under investigation.

If the death of the boy was caused by a defective seatbelt or automobile prone to rollover, the family of the victim may have a claim against the manufacturer. If you have any questions related to rollover car accidents or would otherwise like to speak with an attorney, please click here.

April 1, 2009

Pistachio Recall Linked to Nuts Sold in Illinois

A nationwide pistachio nut recall has been linked to several sellers in Illinois. The recall has been connected to a California processor. The company, Setton Pistachio of Terra Bella, has recalled its entire 2008 crop after several types of salmonella were found by Kraft foods – a customer of Terra Bella. Kraft reported its findings to the Food and Drug Administration on March 24th. The California Department of Public Health is investigating nuts processed at Setton Farms. Setton Farms is reportedly the second largest pistachio processor in the United States.

The pistachios were sent to about three dozen wholesalers throughout the country who repackaged and resold the nuts. Illinois retailers that carry the nuts include Kroger, Dominick’s, and the Georgia Nut Company. The voluntary recall of the nuts includes:

• Bulk or custom packaged Deluxe Mixed Nuts with shelled pistachios purchased at Georgia Nut stores in Skokie, IL, and Glenview, IL
• Bulk or custom packaged Dry Roasted Shelled Pistachios purchased at Georgia Nut retail stores in Skokie, IL, and Glenview, IL, and from the company’s website
• Mixed Nuts Deluxe Roasted and Salted Bulk with shelled pistachios purchased in bulk bins at Dominick’s finer foods in the metro Chicago area from December 10, 2008, through March 25, 2009
• Private Selection Shelled Pistachios sold in 10-oz containers “sell by” date of 12/13/09, 12/14/09, 1/14/10, 2/10/10, 2/11/10 and 3/23/10 sold in the Kroger Co.’s family of stores in Illinois

Salmonella infection can cause serious and sometimes fatal infections - particularly in children and the elderly. Salmonella infections are characterized by fever, diarrhea, nausea, vomiting and abdominal pain. If you have reason to believe that you or a loved one may be infected with salmonella, you should go to the doctor immediately. Salmonella can only be diagnosed through a stool test.

Continue reading "Pistachio Recall Linked to Nuts Sold in Illinois" »

March 5, 2009

Illinois Parents: Overall Safety of Child Car Seats in Question

A Chicago Tribune investigation has uncovered disturbing data regarding the safety of infant car seats. The probe revealed government reports showing that nearly half of child car seats failed crash tests. These reports were never publicized leaving even some manufacturers in the dark. According to the Tribune, one crash test video showed a car seat flying off its base and smashing a baby dummy into the back of a driver’s seat. This potentially defective car seat was one of thirty one out of a total of sixty seats tested that either flew off base or exceeded other injury limits in frontal collisions. Parents are left to wonder if the child seats in their cars are defective and what might happen in a real car accident. The car seat test results were found buried in reports from the National Highway Traffic Safety Administration (NHTSA) conducted to evaluate 2008 vehicle safety and not car seat safety.

The investigation highlights how little information is currently available to Illinois parents regarding car seat safety. Child car seats do not currently come with any sort of safety rating giving parents no way to determine seat safety. For example, two of the most expensive car seats actually had the poorest crash test results. Safety seats are also designed in such a manner that certain seats fit better with certain car models. This information is also not readily available to the consumer. New Transportation Secretary Ray LaHood responded to the safety seat exposure last Friday ordering a “complete top to bottom review of child safety seat regulations.” LaHood also asked that the NHTSA make crash test results more readily available to consumers so that Illinois parents can make informed decisions when purchasing car seats. While the tests were described as research, the results for two seats were so disturbing that the government instituted recalls. The infant seat exposed in the above mentioned crash video was not recalled. Around 7,000 children were injured and 63 killed in crashes while strapped into infant safety seats in 2007.

Continue reading "Illinois Parents: Overall Safety of Child Car Seats in Question" »

January 23, 2009

Nationwide Peanut Butter Recall Hits Suburban Chicago

Ralcorp Frozen Bakery Products has recalled several brands of peanut butter cookies sold in Wal-Mart locations throughout suburban Chicago joining the nationwide peanut butter recall. More specifically, the baked goods supplier has recalled Wal-Mart bakery brands of peanut butter cookies, peanut butter no-bake cookies and peanut butter fudge no-bake cookies. Ralcorp joins the South Bend Chocolate Co. in Northwest Indiana which has already recalled several peanut butter based candies. The Illinois and Northwest Indiana recalls came only a day after the Food and Drug Administration advised consumers to stay away from cookies, cakes, ice cream and other foods containing peanut butter. Health officials have targeted peanut paste and peanut butter produced at a facility owned by Peanut Corp. The facility, located in Blakely, Georgia, produces peanut butter and peanut paste that is not directly available to consumers. The peanut paste, which is derived from roasted peanuts, is nationally distributed to institutions and food companies throughout the U.S. for use in cakes, cookies, and other food products. According to the Associated Press, at least 85 companies had purchased peanut products from the Georgia plant, and 30 had been urged to run their own tests for bacteria.

The defective peanut butter has been implicated in a 43-state salmonella outbreak which has been linked to as many as six deaths. About 20% of those who have become ill as a result of defective peanut butter consumption have been hospitalized. Salmonella symptoms include diarrhea, fever, and abdominal cramps beginning around 12 to 72 hours after infection. Most of those infected recover within seven days without further complications.

Continue reading "Nationwide Peanut Butter Recall Hits Suburban Chicago" »

January 16, 2009

Notice to Illinois Parents: Stork Baby Cribs Have Been Recalled

Stork Baby Cribs and the Consumer Product Safety Commission (“CSPC”) announced the voluntary recall of more that 1,000,000 baby cribs in the United States and Canada last Wednesday January 14, 2009. The cribs, which were manufactured by Stork Craft Manufacturing Inc. of British Columbia, were made in Canada, China, and Indonesia. The baby crib recall is the result of ten reported incidents in which crib support brackets failed. In one reported occurrence, a young child was trapped between the mattress and side rail of a Stork crib. The baby cribs were sold from May 2000 through January 2009 at J.C. Penney, K-Mart, and other retail outlets in Illinois and around the country. The defective cribs were also sold online at amazon.com, babiesrus.com, Costco.com, and walmart.com. Similar Stork Crib failures have been reported in Canada according to Health Canada, the Canadian health care agency. Consumers should stop using the cribs immediately and contact Stork Craft for a free replacement kit containing a new mattress support and brackets.

The troubling defect in the baby cribs causes the metal mattress support to crack and break. When the bracket is compromised the mattress collapses, thereby creating a gap where a child could get trapped and suffocate. There has been one reported entrapment related injury from the defective cribs to date. The CPSC urges all parents and caregivers to cease using the recalled Stork cribs. In order to fully ensure child safety, Illinois parents should regularly inspect baby cribs for loose, broken, or missing hardware.

Continue reading "Notice to Illinois Parents: Stork Baby Cribs Have Been Recalled" »

November 10, 2006

Proving Fault for Defective Product Injuries

If you've been injured by a dangerous consumer product, it's usually not hard to recover compensation for your injuries.

Defective or dangerous products are the cause of many thousands of injuries every year. The set of laws that covers who is responsible for defective and dangerous products -- called "product liability" -- is different from ordinary injury liability law, and sometimes makes it easier for an injured person to recover damages.
Strict Liability Defined

Ordinarily, to hold someone liable for your injuries, you must show that they were careless -- that is, negligent -- and that their carelessness led to the accident.

With products sold to the general public, however, it would be extremely difficult and prohibitively expensive for one individual to have to show how and when a manufacturer was careless (negligent, in legal terms) in making a particular product. Neither can the consumer be expected to prove whether the seller or renter of the product had a proper system for checking for manufacturer's defects, or whether the seller was the cause of the defect after receiving the product from the maker. Nor, finally, can a consumer be expected to check each product before using it to see if it is defective or dangerous.

For all these reasons, the law has developed a set of rules known as "strict liability" that allows a person injured by a defective or unexpectedly dangerous product to recover compensation from the maker or seller of the product -- without showing that the manufacturer or seller was actually negligent. In short, if you have been injured by a consumer product, you are entitled to compensation from the manufacturer or from the business that sold or rented the product directly to you.
Who Can Be Sued

You can always go after a manufacturer for a defective or dangerous product, but you can't always sue the seller of such a product. Strict liability operates against a non-manufacturer who sold or rented a product only if it is in the business of regularly selling or renting those particular kinds of products. In other words, if you bought something at a flea market stall, garage sale, or thrift store that sells all kinds of things but not any one type of item on a regular basis, strict liability may not apply.
Rules of Strict Liability

Regardless of what steps a manufacturer or seller says it takes in making and handling a consumer product, you can make a strict liability claim -- without showing any carelessness on the part of the manufacturer or seller -- if all three of the following conditions exist:

1. The product had an "unreasonably dangerous" defect that injured you as a user or consumer of the product. The defect can come into existence either in the design of the product, during manufacture, or during handling or shipment.
2. The defect caused an injury while the product was being used in a way that it was intended to be used.
3. The product had not been substantially changed from the condition in which it was originally sold. "Substantially" means in a way that affects how the product performs.

Time Limits on Lawsuits

Most states have laws limiting how long after a product has been sold to the public the manufacturer or seller can be held liable under strict liability rules. The limits are usually from six to 12 years after the manufacturer initially sold the product. So, in a strict liability claim, you might need to determine how old the product is that injured you.
If You Were Aware of the Defect

Manufacturers and sellers have a defense to claims of strict liability that may be particularly important if you have owned the product for a while: You may not be able to claim strict liability against the manufacturer or seller if you knew about the defect but continued to use the product. If it appears -- either from the condition of the product (which the manufacturer's or seller's insurance company will have a right to examine) or from your description of your use of the product -- that you were aware of the defect before the accident but used the product anyway, you may have given up your right to claim injury damages.

June 13, 2006

Food and Drugs

Chicago Attorney Joseph Klest has handled many products liability cases related to food and defective drugs in Cook County, Lake County, Will County, DuPage County, and elsewhere in Illinois for over 25 years. He knows how to properly investigate your case and he will zealously pursue your claim or lawsuit so that you obtain the maximum recovery possible.

Food and Products Liability Cases

Attorney Joseph Klest has successfully represented injury clients that have become sick, injured, or died because the food that they purchased was not properly prepared or processed. He is knowledgeable about the standards regarding food that restaurant owners, processing factories, grocery stories, and food distributors have to uphold.

If a food item is not properly processed, the person eating the food can get sick or die. Bacterial infections, salmonella, E coli, and other kinds of food poisoning are just some of the illnesses that can result because a food processing company did not properly process the food or the food handlers at a restaurant forgot to wash their hands or clean the restaurant kitchen.

Canned goods, baby food, meat, poultry, fish, packaged foods, processed juices, and food served in restaurants must be free from contamination by toxins, other chemicals, and foreign objects (such as broken glass or body parts) if people are going to eat them.

It is the responsibility of the Food and Drug Administration (FDA), food manufacturers, food processing plants, grocery store owners, and restaurant owners to ensure that the food that they prepare, serve, or sell will not cause anyone to become sick or die. Otherwise, the injured party could have grounds to file a personal injury claim or wrongful death lawsuit against any liable parties.

Drugs in Products Liability Cases

The FDA is entrusted with the responsibility of approving all pharmaceutical drugs before they are allowed into the marketplace. However, there are instances when the manufacturer of an FDA-approved drug manages to downplay the potential side effects or neglects to perform enough tests to ensure the drug's safety.

Allowing a pharmaceutical drug that is improperly labeled, does not come with the proper instructions or warnings, or has serious yet unannounced side effects into the marketplace can be very dangerous for users that are relying on the drug to get healthy or help them stay alive.

The dangers of a prescription medication might not become known until some of its users become ill. A recall may be issued, but by then, hundreds of thousands of people may have already gotten sick, injured, or died. Unexpected and unwanted side effects from defective or dangerous drugs include organ damage, chronic depression, blindness, heart attacks, and wrongful death.

Here is a list of some prescription drugs that have caused injury to people:

* Ambien
* Dietary supplements
* Paxil
* Prozac
* Viagra
* Zicam
* Propulsid
* Baycol
* Trasylol
* Zoloft
* Ortho Evra Patch
* ACE Inhibitors
* Bextra
* Aredia
* Accutane
* Fen Phen
* Crestor
* Zyprexa
* Meridia
* Seroquel
* Mifeprex
* Metabolife
* Zelnorm

You have the right to personal injury compensation if you have been injured or become ill from taking prescription medication, herbal supplements, over-the-counter drugs, herbal supplements, or vitamins.

Continue reading "Food and Drugs " »

June 12, 2006

Defective Machinery

There are many kinds of machinery that come with a high risk of injury—especially when operated incorrectly. A worker that is injured while handling machinery at work is usually eligible for benefits under workers' compensation law. This does not, however, prevent him or her from suing third parties, such as machinery manufacturers, designers, or suppliers.

Machinery manufacturers, suppliers, and designers are responsible for making sure that the tools and machines that they produce are not defective or place people at high risk of death or injury when used correctly. Joseph Klest, Attorney at Law, is a Chicago personal injury law firm that can pursue claims against negligent third parties. Chicago Injury Attorney Joseph Klest represents clients throughout Will County, Lake County, DuPage County, Cook County, and the rest of Illinois.

Injuries caused by defective machinery and tools can be catastrophic and often permanent. They can include severed or amputated limbs, disfigurement, paralysis, traumatic brain injuries, spinal cord injuries, blindness, or serious burns.

Examples of injuries and accidents caused by defective machinery:

* Conveyor belt accidents
* Wrecking ball accidents
* Crain accidents
* Nail gun accidents
* Tractor accidents
* Machine press accidents
* Malfunctioning farm vehicles

It is not uncommon for an injured worker to be rendered unable to work for a very long time—even permanently—after being injured by a powerful tool or heavy machinery at a construction site, industrial site, or factory. While workers' compensation will give you some relief and compensation, the amount of benefits that you receive might not cover all your recovery costs or help support your family.

We will zealously pursue your defective machinery case for you and customize our approach to fit your needs and objectives. Mr. Klest will handle every aspect of your case. He and his team of experts will work hard to help you obtain the maximum recovery possible for your defective machinery case.

To schedule your free consultation with Chicago Attorney Klest regarding your products liability injury case, contact us online at Joseph Klest, Attorney at Law, or call us at (847) 969-9510, (312) 527-2779 or (630) 528-7848. We have law offices in Schaumburg and Chicago, Illinois, and we can travel to you.

June 11, 2006

Medical Devices

Medical devices are manufactured to help a sick or injured person live longer or more comfortably. There are however, incidents that occur when a medical device that was defective caused a person to become injured or disabled. Family members may even sue a medical device manufacturer, designer, or the company or medical facility that provided the medical device for the untimely and wrongful death of a loved one.

Attorney Joseph Klest is a well-respected personal injury attorney in the Chicago area who has successfully represented many injury clients in products liability cases, including cases involving defective medical devices, foods that are not properly processed or prepared, dangerous prescription medication, defective machinery, and defective motor vehicle parts. Many of his personal injury clients come from cities throughout Will County, Cook County, DuPage County, and Lake County.

Joseph Klest, Attorney at Law has offices in Chicago and Schaumburg, Illinois. He offers all prospective clients a free consultation, and he would be happy to speak with you about the steps that you should take to preserve your claim.

Examples of some of the medical devices that—if found defective—can be named as the cause of personal injury or wrongful death in products liability claims and lawsuits:

* Hip and knee prosthetics
* Wheelchairs
* Guidant Pacemakers
* Defibrillators
* Dialysis machines
* Gadolinium
* Hernia patches
* Orthopedic screws
* Orthopedic implants
* Lasik eye surgery (commonly marketed as a product, rather than a procedure)
* Cosmetic implants
* Stethoscopes
* Stents
* Thermometers

It can be very traumatic and upsetting to know that the medical device that you thought would help you or your loved one actually was the cause of serious injury or death. Defective parts, mechanical failure, electrical problems, design errors, improper or insufficient directions, misleading packaging, insufficient testing, not enough training given to the user, mislabeling, and clinical problems are just some of the many problems that can lead to personal injury or wrongful death.

In the United States, manufacturers, sellers, and distributors of products are legally obligated to ensure that any product sent into the marketplace for consumers is free from defect. Adequate warning must be given regarding any potential hazards or danger from use. If an injured person can prove that the product was defective when it left the manufacturer, the plaintiff could have grounds for a products liability claim or lawsuit.

Mr. Klest understands that the extent of your injuries may prevent you from coming to our offices and he is happy to meet with you at a more convenient location. To schedule your free consultation with Attorney Klest, call Joseph Klest, Attorney at Law at (630) 529-7848, (847) 969-9510, or (312) 527-2779, or contact us online.

June 9, 2006

Drug Reactions

Doctors and pharmacists are required to ensure that a patient gets the proper prescription and dosage. When a patient has an allergic reaction, becomes even more sick, or dies because of a prescription error or pharmacy misfill, the injured patient or the surviving family members of the deceased have the right to file a medical malpractice claim against any negligent parties.

Chicago medical malpractice law firm Joseph Klest, Attorney at Law, represents medical malpractice clients in pharmacy misfill and prescription error cases throughout Will County, DuPage County, Lake County, Cook County, and elsewhere in Illinois. In one recent case, Attorney Klest was able negotiate a $3.2 million settlement for a woman who experienced kidney failure because of the prescription that her doctor had prescribed.

Causes of Drug Reactions

A patient may become seriously ill or die because the drug that was prescribed is a dangerous drug that a manufacturer and the FDA allowed to enter the marketplace. Attorney Klest is also a successful Chicago lawyer who has filed many products liability claims and lawsuits against manufacturers of dangerous drugs. He knows how to determine whether a prescription error, a pharmacy misfill, or an act of manufacturing negligence lead to a person's injuries or death and whether a doctor, a pharmacist, a nurse, and/or a drug manufacturer should be held liable.

Common Prescription and Pharmacy Misfill Errors:

* Prescribing the wrong drug
* Prescribing too strong a dose
* Failure to inquire whether a patient has certain allergies
* Failure to inquire whether the patient is taking any other medications
* Filling the wrong prescription drug because the doctor's handwriting on the prescription note was Illegible
* Pharmacy negligence or carelessness
* Filling the right prescription with wrong drug
* Giving the right prescription to the wrong patient
* Not giving the patient the proper instructions for how to take the medicine
* Prescribing a combination of prescription drugs that are dangerous when used together

The American Pharmaceutical Association is one of several professional organizations that have rules that doctors and pharmacists have to follow to make sure that prescription errors and pharmacy misfills do not occur. When a patient gets sick, seriously injured, or dies because these rules were not followed, the medical provider responsible for the negligent or careless mistake can be sued for medical malpractice.

Dangerous Drugs

Frequently, drug reactions or related injures and deaths are downplayed by the manufacturer. It is only through careful investigation and study of the history of the drug's use and reactions to it that dangerous drugs can be discovered. This frequently takes place through the course of litigation against the drug manufacturer.

Continue reading "Drug Reactions " »

February 4, 2006

Product Liability

It is the legal responsibility of a manufacturer and the seller of a product to ensure that a product is not defective or dangerous to users in any way. Companies have to provide proper warning if any part of a product is unsafe or if using it in a certain way can prove hazardous to a person's health or physical safety. If you were injured because a product that you were using or were exposed to was defective or the manufacturer failed to let you know that there was a danger involved in using the product, you could have grounds to file a products lawsuit against any negligent parties.

Chicago Injury Attorney Joseph Klest is a well-respected lawyer who has successfully represented many victims that were injured or lost loved ones because of dangerous or defective products. He represents clients and their families throughout Illinois, including injury victims from Will County, DuPage County, Lake County, and Cook County. He and his team of products liability attorneys will develop creative solutions to your case and zealously pursue your recovery to get you the compensation that you deserve.

Grounds for Products Liability Cases in Illinois
In Illinois, an injured person or the family of a person that died because of a defective product can file a products liability claim if he or she can prove that the product was already dangerous when it left the manufacturer's control—even if the manufacturer followed the correct steps to ensure the product was safe for use—and there was no warning to indicate the risk of unreasonable danger.

The word "products" in the phrase "products liability" can refer to all kinds of goods used by consumers, including the following:

* Motor vehicles and their parts
* Food/Drugs
* Medical Devices
* Machinery
* Tobacco
* Firearms
* Household products
* Toys
* Clothing
* Household appliances
* Computers
* Cell phones
* Electronic equipment
* Toxic chemicals, such as pesticides
* Fireworks
* Industrial equipment

Mr. Klest has succeeded in securing substantial settlements for products liability cases that other attorneys had turned down because they had categorized the cases as "hopeless." He is well-respected by his peers and is known for his ethics, commitment to his clients, and ability to obtain successful results. In the event that your case must go to trial, Mr. Klest is an experienced litigator who has successfully represented thousands of clients in front of Chicago juries.

To schedule your free consultation with Joseph Klest, Attorney at Law, call (312) 527-2779, (630) 529-7848, (847) 969-9510, or contact us online. Joseph Klest, Attorney at Law, has law offices in Chicago and Schaumburg, Illinois. Mr. Klest is also happy to meet with you outside his offices.

Contact Us Online

  • 866-264-7639
  • Downtown Chicago:
    312-380-5467
  • Northwest Suburbs:
    847-380-3309
  • Western Suburbs:
    708-550-4548

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