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Arlington Heights car accident attorneysIf you were hurt in an auto accident caused by the negligent, careless, or wrongful actions of another party, a personal injury claim may enable you to recover compensation for your damages. Many people who are interested in bringing an injury claim after a car accident worry about how their own actions may influence the viability of their claim. Fortunately, it may be possible to bring a successful Illinois injury claim and recover financial compensation even in cases involving shared fault.

What If I Contributed to My Own Injuries?

Some people assume that an injured person cannot bring an injury claim and collect damages if he or she worsened his or her injuries in some way. For example, a person who sustains a severe head injury in a car accident may assume that he or she does not have a valid injury claim because he or she was not wearing a seatbelt or was speeding at the time of the accident.

Illinois law allows injured claimants to bring a claim for partial damages as long as their contributory fault is 50 percent or less. This doctrine is known as “modified comparative fault” or “modified comparative negligence.” However, the claimant’s percentage of fault does reduce the damages he or she may be entitled to by the same percentage. For example, if you are found to be 10 percent at fault for your injuries, the amount of compensation you could recover is reduced by 10 percent. If your property damage, medical bills, lost wages, pain and suffering, and other damages amounted to $100,000, you could recover $90,000. If your fault is greater than 50 percent, you are barred from recovering compensation.

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Arlington Heights motorcycle accident injury lawyer

If a motorcyclist is involved in an accident, it is likely that the injuries suffered will be severe. Even with the use of a helmet, motorcycle crash injuries can be life-changing and even deadly. Unfortunately, motorcycle accidents are much more common than most people think. According to the National Highway Traffic Safety Administration (NHTSA), 5,172 motorcyclists were fatally injured in collisions throughout 2017. In the aftermath of a motorcycle collision, one of the most important steps one can take is hiring an experienced personal injury attorney. It is important to examine the factors leading to a motorcycle accident to determine how injury compensation is ultimately decided. 

Seeking Compensation as a Motorcyclist 

Some of the most common motorcycle injuries range from minor bone fractures to significant spinal cord damage and head trauma. Recognizing the severity of these injuries and recovering the compensation a rider deserves can be critical to maintaining a person’s financial well-being. That being said, the process of securing compensation as an injured motorcyclist can often be complicated. 

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Defective medical devices are not limited to those implanted in a patient's body. Patients who must use canes, wheelchairs, or other devices to get around are susceptible to a whole array of device warnings and risks that other Americans are not. According to The Baltimore Sun, it is imperative to maintain wheelchairs and walkers as you would a car, as a lack of proper maintenance can result in unsafe conditions such as broken or bent parts. If the device is broken, it can result in the requirement of extra energy to get around, more pain, or—worst-case scenario—a devastating accident that can result in hospitalization.

The onus of maintaining these devices is not, however, solely the responsibility of the patient. Sometimes these devices, and machinery used in conjunction with them, are not properly built or vetted before it is put on the market. One such incident occurred earlier this year, when a California-based manufacturer was ordered to pay a $1.75 million civil penalty for continuing to sell faulty wheelchair lifts. The lifts were recalled by the National Highway Traffic Safety Administration (NHTSA), according to an agency report, as they had been labeled as potential fire hazards. Even after the recall was announced, the manufacturer, Rincon Corporation, continued selling the lifts to the public.

More than 4,000 Rincon lifts had been sold to manufacturers of buses and vans to help meet the transportation needs of wheelchair-bound patients. The recall was first announced in September 2012 because the lifts contained a defective cable determined to increase the risk of starting a fire. When the NHTSA followed up with the van and bus companies in 2013 to make sure that Rincon had informed them of the recall, the administration found that though Rincon had stopped producing the defective lifts it had not stopped selling them. Rincon later reported that it had sold 356 defective lifts after the recall had been issued.

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In mid-January the U.S. Food and Drug Administration approved a first-of-its-kind device to treat obesity, according to a FDA press release. The device, known as the Maestro Rechargeable System, realigns nerve pathways between the brain and the stomach. It's the first FDA-approved device to fight obesity since 2007, and is approved for patients who have a body mass index of 35 to 45, with at least one other obesity-related condition. One such condition would be Type 2 diabetes. The system consists of a rechargeable electrical pulse generator, leads, and electrodes that are implanted surgically into the abdomen. Safety trials consisted of 233 patients, in which 157 received the device and 76 in a control group who did not. Though there were some adverse effects observed, the FDA sponsored a survey that found that patients with severe obesity would be willing to accept the dangers for the weight loss it promised.

There are several devices to help fight obesity that have been on the market for years, including those that tie off the passageways to the stomach. Some of these devices require that the patient eat very slowly, or that he takes very small bites. Many of these devices came under fire by the FDA for safety concerns. One well-publicized event was the discontinuation of the manufacture of one of these devices for teenagers after two percent of patients who were using them experienced severe side effects. According to the National Institutes of Health, a significant number of patients surveyed in a trial of obesity-reducing devices experienced negative side effects.

Only time will tell if the recently approved device will have a similarly bad track record. If you or someone you know has experienced negative side effects or long-term health problems because of an obesity device, you may be eligible for compensation. Do not go through it alone. Contact an experienced Chicago defective medical device attorney today.

Lupron is a hormonal regulator that has several dangerous, if not oft-publicized side effects of which every patient should be aware. The drug is prescribed to help slow early-onset puberty in teenagers, to men who exhibit signs of prostate cancer, and to help treat women with endometriosis, a rare condition in which the lining of the uterus grows outside the actual uterus. According to the U.S. Food and Drug Administration (FDA), the first adverse reaction to Lupron was discovered in 2012, after marketing of the drug had already began, and consisted of a rarely-reported complication of the liver. Six months later, the FDA reported that Lupron could result in lung complications and disease, and one year later, the FDA found serious complications of the drug that could lead to liver injury or convulsions, such as those experienced by patients who suffer from epilepsy.

Most patients take Lupron in the form of a daily shot, according to WebMD. In children, dosage is based on weight and what type of therapy for which the drug is being administered. One easy test to see if the drug is defective is to check the liquid for particles or discoloration, according to WebMD. The site of the injection should be changed periodically, so as not to overload one particular area with too much of the drug at any given time.

Regardless of where or how it is injected, however, Lupron can have deadly side effects. According to Wellsphere.com, one doctor advised that the drug should be pulled from the market as early as 2008. The doctor alleged that the manufacturing company of Lupron did not adequately study the possible side effects of the drug before approving it for consumer use. In 2009, the pharmaceutical company agreed to pay $875 million “to settle claims that it paid kickbacks to doctors to promote Lupron,” Wellsphere.com reports. More than 12,000 reports of Lupron's negative side effects have been reported to the FDA, resulting in more 1,100 deaths.

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