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Pamela Sakowicz Menaker, Communications Partner at Clifford Law Offices, recently wrote an article that was published by the American Bar Association Litigation News on a recent court case that held that a defendant cannot be held liable in a products liability multi-district action if the company is compliant with Food and Drug Administration (FDA) rules. In a failure-to-warn complaint alleging the drug company, Merck, was negligent in its labeling following an injury to a patient,…

A study of telephone calls to poison control hotlines revealed that between 2002 and 2012, a child was subject to an out-of-hospital medication mistake approximately every eight minutes, Reuters reported. The number of mistakes marks an increase from previous years for every medication outside of cough and cold medicines, according to The Huffington Post. The reduction in errors pertaining to cough and cold medication is attributed to a prolonged educational campaign aimed at parents decreasing…

On Tuesday, October 7, 2014, Robert A. Clifford, founder and senior partner of Clifford Law Offices, was one of the “celebrity” instructors at Fred Lane’s ISBA Trial Technique Institute. Clifford lectured on the subject of opening statements. The institute, sponsored by the Illinois State Bar Association, focuses on improving trial skills by hands-on learning. The students, who are practicing attorneys, practice trial techniques that are consistent with the Federal Rules of Evidence and Illinois’ Rules…

Litigation News October 21, 2014 By Pamela Sakowicz Menaker, Litigation News Contributing Editor A district court dismissed a product liability lawsuit against a drug manufacturer, concluding that the plaintiff failed to adequately allege a failure-to-warn claim against the company for its drug. In re Fosamax Products Liability Litigation (Gaynor v. Merck Sharp & Dohme Corp.). The district court held that because the drug manufacturer complied with FDA requirements to change its warning label, the plaintiff’s…

The 68 people who died in the crash of American Eagle Flight 4184 on Oct. 31, 1994, will never be forgotten. To commemorate the tragedy, family members, loved ones and the community touched by the crash 20 years ago have announced a public forum on Oct. 30 entitled: “Public Forum: The Legacy of American Eagle Flight 4184.” Guest speakers at this public forum to be held in Merrillville, Indiana, include Greg Feith, Aviation Safety and…

The National Transportation Safety Board (NTSB) is on the scene of the crash of two trains in Arkansas that has left at least five people in critical condition. It has been reported that a passenger train operated by the Arkansas and Missouri Railroad as an historic excursion tour from Springdale to Van Buren, Arkansas broke down during its tour and a second repair train came looking for the broken down train in an effort to…

The National Transportation Safety Board (NTSB) was on the scene at Palos Hills, a southwest suburb of Chicago, where a 2000 model year, twin-engine Beech Baron 58, tail number N31EW, crashed late Sunday night after takeoff from Chicago’s Midway Airport with three Kansas physicians aboard. All three unfortunately were killed in the accident that apparently came without warning or any signal to air traffic controllers that a problem existed, according to numerous media reports. Some…

After more than 15 hours after at least 18 people were injured in Megabus overturning near Indianapolis on northbound I-65, passengers arrived in Chicago, according to ABC 7 Chicago. Indiana State Police reported to the press that the accident resulted when the bus driver swerved to avoid a disabled car on the wet road, causing the double-decker topple over, ABC 7 Chicago reported. According to Indiana State Police Sgt. Rich Myers, the events were as…

After a double-decker Megabus flipped over outside of Indianapolis early Tuesday morning, at least 18 passengers have been taken to nearby hospitals for treatment, according to NBC Chicago. Thirty-five additional passengers were taken to hospitals but almost immediately released, NBC Chicago reported. According to Coach USA North America, the line’s parent company, the bus crashed at around 4:30 a.m. while traveling on a route beginning in Atlanta and ending in Chicago, NBC Chicago reported. The…