The US Federal Trade Commission has sued the nation’s three largest PBMs, alleging that they have steered patients to buy higher-priced insulins to reap more profits.

Shannon explained how this impacts patients and what the government’s lawsuit is trying to do against the three PBMs that control 80 percent of this business.

The post Shannon McNulty Discussed Latest Government Lawsuit Attacking High Cost of Insulin on WGN Radio appeared first on Clifford Law Offices.

Hansen referred to Clifford as the lawyer to turn to “when bad things happen.”

Aside from additional boaters on the waters who need to take extra precautions such as knowing CPR and storing sufficient life preservers for all on board, Clifford spoke about the increased number of bicycles, cars, trains, and trucks on the roads, creating the potential for more accidents. He also spoke about an uptick in medical malpractice cases because the “A-team” of medical professionals are on vacation and the “B-team” often operates at a lesser level on complicated medical problems.

To listen to the half-hour in its entirety, click here.

The post Bob Clifford Speaks to Jon Hansen on WGN Radio on Increase in Summer Injuries appeared first on Clifford Law Offices.

While the National Highway Traffic Safety Administration (NHTSA) has designated six levels of autonomy to driver-assisted technology, most consumers are unaware of the distinction. With the current lack of industry standards and legislation, automakers tend to blur the line in their marketing.

Fully self-driving cars (aka autonomous vehicles), or Level 5 AVs, are designed for travel without a human operator, using a combination of sophisticated AI software, LiDAR, and RADAR sensing technology. And technology continues to develop in the hope of making “driverless” cars better and safer.

But how does this play out in real life? Are these vehicles really safer than a human driver who is fully involved and in control?

Are Driverless Cars Safer?

Despite claims to the contrary, self-driving cars currently have a higher rate of accidents than human-driven cars, but the injuries are less severe. On average, there are 9.1 self-driving car accidents per million miles driven, while the same rate is 4.1 crashes per million miles for regular vehicles.

Let’s look at some of the dangers inherent with driverless cars.

False Sense of Security

These cars are often marketed as “driverless,” so is it any wonder when human drivers act more like passive passengers when they operate them? None of these driverless cars are entirely self-driving, so labeling them “driverless” is misleading, at best. It seems to be true that the vast majority of all accidents involving self-driving cars have been the result of the human driver being distracted, as often happens in a car with no automation.

Yes, drivers are supposed to be alert and ready to take over control at a moment’s notice, but how likely is that when the driverless car was purchased to be, well, driverless?

The most recent fatality involving a driverless Tesla occurred in Texas on Saturday, April 17, when It crashed, killing both passengers, continuing to burn for four hours. According to an article by the Washington Post, the accident is under investigation by the National Transportation Safety Board (NTSB), but police reported no one was driving the vehicle.

Danger of Fire

Lithium-Ion (LI) batteries are well-known to be highly combustible. As lithium burns, it creates a metal fire with temperatures that reach 3,632 degrees Fahrenheit or 2,000 degrees Celsius. Attempting to douse the fire with water could lead to a hydrogen gas explosion.

According to the National Transportation Safety Board, if a collision damages a battery, there is a risk of “uncontrolled increases in temperature and pressure, known as thermal runaway…” This can cause an explosion of toxic gases, the release of projectiles, and fire, presenting an additional danger to emergency responders.

Incidents

1. The April 17 Tesla crash mentioned above resulted in a fire that lasted four hours and required over 30,000 gallons of water to put it out. A vehicle fire is normally brought under control in minutes, according to the Washington Post.
2. In 2018, a 2012 Tesla model S appeared to spontaneously catch fire while it was being driven in West Hollywood, CA. There were no injuries in this incident but note that there was no collision that sparked the fire.
3. In 2018, a 2014 Tesla Model S crashed in Fort Lauderdale, FL, and burned for more than an hour, requiring hundreds of gallons of water to reduce the battery to hot embers. Two people died in this incident, and a third was seriously injured.
4. In 2017, a driver lost control of a 2016 Tesla X SUV and crashed into the garage of a house (reword). The battery caught fire and spread to the building. Firefighters were initially able to put out the initial flames when the battery flared up again in a “blowtorch manner.” It took several hours to finally get the blaze under control.

Imperfect Technology

A 2020 AAA study found that vehicles equipped with active driving assistance systems experienced some type of issue on the average of every eight miles in real-world driving. They also found that active driving assistance systems, systems that combine vehicle acceleration with braking and steering, often disengage with little notice, requiring the driver to resume control immediately. It’s easy to see how this scenario can end in disaster if the driver is distracted even momentarily or relying too much on the system’s capabilities.

In 2016, an 18-wheeler truck crossed a highway in Florida while a Tesla attempted to drive through it – at full speed. The Tesla driver as a result of injuries received. The car’s autopilot feature failed to brake because it could not distinguish the white side of the truck against the brightly lit sky. The National Highway Traffic Safety Administration determined that the occupant was at fault as they should have had an opportunity to brake before the collision but was likely distracted.

As we reported in our November 7, 2019 blog post, As Cars Grow More Autonomous, Safety Remains an Issue, a man died in a crash due to an Autopilot navigational error. Autopilot is the self-driving function in Tesla cars. The victim had sought repair for the malfunction several times from the dealer.

Cyber Attacks

The threat from hackers during operation is a real one. In 2015, hackers remotely took over a Jeep, forcing it to stop on a St. Louis highway while driving at 70mph. The hackers were able to access the car’s braking and steering through the onboard entertainment system.

The article goes on to explain that this was an “unplanned planned” exercise, meaning that this was part of a test scenario, but the driver did not know precisely how or when the takeover would occur. Nevertheless, the danger he was put in and the panic he experienced served their purpose. Unfortunately, hackers are clever and choose to apply their skills in ways that can be harmful and even deadly.

Complex, Real-Life Driving Conditions

In his book, “Accidents: Living with High-Risk Technologies,” Charles Perrow points out that building in more warnings and safeguards, which is the standard engineering approach to improving safety, fails “because systems complexity makes failures inevitable.” Instead, “adding to complexity may help create new categories of accidents.” Good point, especially when one considers real-life conditions while driving.

Split-second decisions, rapidly changing weather conditions, being able to look into another driver’s eyes at a crossroad – these are real-life conditions best left for an engaged driver. Technology can undoubtedly be enormously helpful; in some instances, some of the new automotive assist technologies can be lifesaving when properly used. But driving is complicated; roads, lanes, and conditions vary, and the same actions aren’t always the best under all circumstances.

Lack of Self-Driving Regulations 

Automakers, industry advocacy groups, and corporations are urging Congressional leaders to enact legislation to allow for “greater deployment of autonomous vehicles” while also calling for “rigorous safety standards” for the new driverless technology. At the moment, there is some existing regulation governing self-driving vehicles, and the number of states at least considering legislation related to autonomous vehicles is gradually increasing.

However, there is a long way to go on that front. In the meantime, car manufacturers, including Tesla, are free to bring their driverless cars to market with very little restraint.

A January 15, 2021 article in GovTech noted that rules that allow fully self-driving vehicle manufacturers to “skip certain federal crash safety requirements” in vehicles that are not designed to carry people was issued by the Trump Administration, a push favored by the NHTSA.

More rules and legislation will likely follow in an effort to speed up the process of getting more self-driving vehicles on the roads. Not everyone is happy with that, however. Safety advocates warn that there need to be rules to protect consumers, including exemptions from regulations designed for vehicles with human drivers.

Are We Moving Too Fast?

Jason Levine, Executive Director of the Center for Auto Safety, expressed concern that the NHTSA is too focused on “enabling the rapid deployment of self-driving vehicles by amending rules written for cars with drivers.” He also noted that “recognizing the unique characteristics of autonomous technology may be the fastest way to authorize the deployment of autonomous vehicles, but it is not a consumer safety-driven approach.”

Other criticism recently aimed at NHTSA by safety advocates concerns the implementation of voluntary guidelines for self-driving vehicle manufacturers. That means they are not required to participate in a reporting system to track how developing vehicles perform in the safety tests recommended by federal regulators. Critics argue that these assessments should be mandatory, and companies required to be transparent.

The United States is projected to have 4.5 million self-driving cars on the roads by 2035. Let’s hope that the automobile companies put consumer safety over profit and the agencies that exist to protect us do their jobs.

As technology and legislation involving self-driving vehicles become more and more complex, so will legal cases. If you or your loved one has been involved in a crash involving a self-driving car, you need an attorney who understands the legal, technical, and legislative complexities.

We can help you receive the compensation you deserve for your losses, whether they are physical injuries, emotional trauma, or damaged property. Our experienced Chicago car accident lawyers at Clifford Law Offices are here to help you. Give us a call today at 312-899-9090.

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About 240,000 children are treated at hospital emergency rooms for toy-related injuries each year in the U.S. Toy hazards come in many forms, from those made with small fibers a young child might ingest to those that encourage aggressive play that could lead to impact injuries. Those hazards and more made it on the “10 Worst Toys” list for 2020 from advocacy group World Against Toys Causing Harm (W.A.T.C.H.).

W.A.T.C.H. refers to this list as “a hands-on tool for consumers” that “raises awareness of the different types of potential hazards to avoid while toy shopping.” The organization also blatantly states that the following toys “should not be in the hands of children” because they present unnecessary hazards for injury and even death.

Those toys include:

• Calico Critters Nursery Friends: This toy is labeled for ages 3+ but has been found to appeal to younger, oral-aged children. Because of the set’s small parts, it presents a major choking hazard.
• Missile Launcher: The slingshot-like launcher lacks warnings of potential eye and facial injuries for both children and anyone in the vicinity of the launcher.
• Marvel Avengers Vibranium Power FX Claw: Labeled for children ages 5+, this toy was flagged for potential eye and facial injuries.
• Gloria Owl: The long, fiber-like hairs on this plush product present the potential for ingestion or aspiration injuries for children. Even so, it is marketed to children 12 months and up.
• WWE Jumbo Superstar Fists: Adult supervision is recommended on the official packaging for this toy, which the manufacturer has deemed suitable for children aged 3 and up. W.A.T.C.H. notes in its analysis that, “No warnings or cautions are provided regarding the potential for blunt force or impact injuries.”
• Sci-Fi Slime: Even the official packaging for this product contains multiple warnings about harmful chemicals and potential injuries that include eye, skin, and respiratory irritation.
• Boomerang Interactive Stunt UFO: This one made the list because, despite warnings to keep hands, hair, and clothing away from the propeller, children are encouraged to play catch-like games with the toy.
• Boom City Racers: W.A.T.C.H. noted the potential for eye and face injuries for this toy, which comes with its own lengthy set of warnings but is marketed to children as young as 4.
• My Sweet Love Lots of Love Babies Minis: This “mini” baby comes with small accessories a child could put in its mouth and choke on. The toy is labeled as appropriate for children 2 and up.
• Star Wars Mandalorian Darksaber: The rigid plastic toy carries the potential for facial and impact injuries, particularly since it’s marketed for children in the 4+ age group.

It’s important to remember that while these 10 toys may be getting all the headlines this year, they are not the only potentially dangerous ones available for the 2020 holiday season.

Clifford Law Offices encourages parents to carefully research toys before purchasing them. In 2020, more people than ever are shopping online because of the COVID-19 pandemic, so it is vital to conduct proper research. The online world is teeming with counterfeit toys, not to mention an endless supply of false advertising claims and items for sale made from low-quality materials. To avoid such traps, only purchase from reputable retailers and brands.

Clifford Law Offices takes the safety of children very seriously. If your child is the victim of an injury from a defective or unsafe toy, please reach out to us today or call 312-899-9090. We are here to help you.

The post Buyer Beware: The Most Dangerous Toys of 2020 appeared first on Clifford Law Offices.

Many folks, particularly the elderly, have opted for groceries to be delivered, which many large food chains are offering. Carry out from restaurants has saved some establishments from shuttering their doors.

For those who venture out, masks are common on shoppers and store clerks and most large stores have placed a thick plastic shield between shoppers and the front-line cashiers. Bags are no longer reusable or returnable for recycling. Nor are items in the stores once they are purchased.

The best time to go shopping for those 60 and older at some stores is before 9 a.m. – generally an hour of shopping that allows for less exposure for the most vulnerable to COVID-19. Many chains also are allowing this for those who are immunocompromised or have more than one disease.

Many stores post signs outside about their cleaning procedures and social distancing practices. Those are the stores to visit when necessary.

When shopping, try to wear a face mask and bring a sanitizer or disinfectant wipes of some sort to wipe down shopping cart handles and keypads. Leave your children at home. Bring as little as possible but try to bring a list so you can be as efficient as possible. It’s suggested to shop no more than once or twice a week and combine any other errands like the bank or pharmacy so that you cut down on your exposure outside with multiple trips. It’s also suggested to try to shop for about a two-week period and not to hoard items needed for months.

Social distancing also is important to practice when shopping in the store. That is becoming more likely with stores that are limiting the number of people allowed in at one time. Many stores have check-out lines that mark six-feet distances. Don’t crowd the next person to get out quickly. If you can pay through Apple or Google Pay, that is one less surface to touch when checking out.

When you get home, the first thing is to wash your hands. As you put away groceries and other items, it’s suggested to wash your hands. Wash all fruits and vegetables, of course, and wipe down the surfaces on which plastic or paper bags sat on your countertop. Launder reusable or cloth shopping bags after every use.

Wear gloves? The experts say not necessary. And here are some other important tips from experts – focus on people, not the food: https://n.pr/3baGrOY

Epicurious, a food-centric website since 1995, offers answers to some of your shopping questions: https://bit.ly/2VcAhbH

The post Shopping Safely for Groceries in a Pandemic appeared first on Clifford Law Offices.

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) said that salad products from Missa Bay produced between October 14, 2019 and October 16, 2019 are subject to the recall. They bear the establishment number “EST. 18502B” inside the USDA mark of inspection. The recall includes ready-made salads sold by Walmart, Target, Aldi, Sam’s Club, and Domino’s Pizza, among others.

So far, a total of 40 people have been infected with O157:H7 and 28 hospitalizations have been reported, according to the latest updates from the Centers for Disease Control and Prevention (CDC). “Epidemiologic, laboratory, and traceback evidence collected to date indicate that romaine lettuce from the Salinas, California growing region may be contaminated with E. coli O157:H7 and is making people sick,” the CDC reported.

An investigation into the outbreak is ongoing.

Escherichia coli (E. coli) bacteria typically live in the intestines of healthy people and animals, and are generally harmless, causing only symptoms such as diarrhea. However, some strains, including O157:H7, have much more serious symptoms that range from severe abdominal cramps to bloody diarrhea and vomiting. While most adults recover from this strain within one week, young children and older adults are at risk of developing hemolytic uremic syndrome, a life-threatening type of kidney failure.

Those infected with O157:H7 start to show symptoms three or four days after being exposed to the bacteria. Symptoms include abdominal cramping, pain or tenderness, diarrhea, and nausea and vomiting. Meanwhile, hemolytic uremic syndrome causes easy bruising, pallor and decreased urine output, and authorities advise that anyone experiencing those symptoms should seek emergency medical treatment immediately.

Outside of Illinois, affected products were shipped to Alabama, Connecticut, Florida, Georgia, Indiana, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Virginia, and Wisconsin.

FSIS warns that consumers may have some of these products in their refrigerators and urges people to throw them away or return them to the place of purchase. A full list of affected products can be found here.

The post Salad Products From Major Retailers Recalled After E. Coli Outbreak appeared first on Clifford Law Offices.

Parents and other family members buying toys this holiday season should always research a product thoroughly before purchasing to ensure they are buying from a reputable vendor and aware of any potential hazards (e.g., small parts). Even so, no parent can possibly know every detail about every toy out there, which is why we’re constantly treated to “most dangerous toy” lists. Some of these products have been recently recalled. Others remain popular despite warnings from news sites, consumer advocacy groups, and the United States Consumer Product Safety Commission.

Among the most dangerous toys to look out for this year are:

Riding Toys. While they don’t necessarily make every product recall list, scooters, wagons, and motor-powered vehicles for children cause an increasing number of injuries. Foot-powered scooters, which remain very popular, are especially dangerous, particularly when children ride them without safety gear like helmets and knee pads.

Power Wheels Barbie Campers. Fisher-Price recalled 44,000 of these battery-powered kids vehicles after discovering the devices can continue to run even when the foot petal has been released.

Soft Play’s Spider Climb Playground Climbers. Soft Play recently recalled about 200 of these because the climbing level platforms were designed too far apart and posed a risk of falling to children. There have been 37 incidents that resulted in 34 reports of injuries with this product.

Infant Sleepers and Bouncers. Multiple companies in 2019 have recalled sleepers and bouncers for infants due to safety hazards. Dorel Juvenile Group USA recalled its inclined sleepers after infant fatalities were reported due to babies rolling unrestrained while in the device. Stokke recalled its Infant Steps Bouncers due to a falling hazard. Meanwhile, Fisher-Price’s Rock ’n Play sleepers were recalled after reports of more than 30 infant deaths.

Crate and Barrel Push Walkers. The popular home goods store recalled these push walkers for children in August. Walkers can be damaged over time, exposing sharp points and small parts that pose laceration and choking hazards.

The above products are only a small sampling of the many toys out there that pose hazards to children. As a parent or caretaker, you can lessen the risk of your child’s personal injury by staying as current as possible on news of dangerous toys as well as shopping responsibly for products. For example, be wary of purchasing toys from unknown vendors on sites like eBay, where it’s difficult to properly vet either the seller and the product. Online shopping also increases the risk of buying counterfeit toys, which could be made with lower-quality methods and materials and pose dangers to children.

Parents should also be cautious even when buying from major manufacturers. Consumer advocacy group W.A.T.C.H. cautions them to not assume the toy is 100 percent guaranteed safe just because it comes from a well-known company. It is up to the parents and other adults buying these products to properly inspect them before placing them into the hands of their children.

We wish you a safe holiday season!

The post Avoid These Dangerous Toys When Shopping This Holiday Season appeared first on Clifford Law Offices.

If in the past twenty-four (24) months, you have purchased via credit a travel insurance policy underwritten by AIG or its subsidiaries, and that policy was canceled in the last twelve (12) months, our attorneys would like to speak with you.

Please phone us at 312-899-9090.

The post Clifford Law Investigating Travel Insurance Policies appeared first on Clifford Law Offices.

Bob Clifford of Clifford Law Offices reminded us of that important fact this month in an article for Chicago Lawyer.

In the article, Clifford outlines the story of an Uber driver who, after his passengers tried to offer directional help, “became upset and forced them to leave the car in an unsafe, dimly lit area.” En route out of the area, the couple was struck in a hit-and-run accident that left one with a fractured leg and the other with a traumatic brain injury that will, according to the article, leave her “disabled for life.”

Trial court initially granted Uber’s motion to dismiss the case, but the plaintiffs — that is, the couple hit in the accident — have since appealed that decision, alleging that the driver did not have the necessary chauffeur’s license Uber requires. Also mentioned was the fact that Uber itself failed to conduct a background check on the driver who, according to the article, “allegedly had a history of being short-tempered.”

The global rideshare market is expected to reach $148.7 billion by 2024. As companies like Uber, Lyft, and others amass more and more customers, they should be taking more steps to ensure those customers are with safe, competent drivers when they book a ride. When tragic events such as the one Clifford discusses happen, rideshare companies need to step up and assume more responsibility, rather than simply dismissing the issue.

You can read Clifford’s full article on the responsibility of ridesharing companies here.

The post Why Rideshare Companies Need to Rethink Their Approach to Customer Safety appeared first on Clifford Law Offices.

Northwestern Medicine, one of the largest hospital networks in the Chicago area, announced that patients who wish to communicate with their doctors online or utilize its digital services for appointments, test results, medication refills, and other health-care related activities will be limited to arbitration as a remedy.

That means that by agreeing to be a patient of a doctor affiliated with this practice group, and consenting to use of the Northwestern patient portal, the patient would not be allowed to pursue individual litigation or a class action in a court with a judge and jury, if harmed by invasion of privacy or other related issues even if negligence were to have occurred.

This unilateral decision came as quite a surprise to patients who had no input. Patients reportedly learned of the issue via a pop-up in December, 2018, that appeared when opening MyChart, the network’s online program.

Northwestern did not reveal how many patients utilize the online MyChart program.

“This is not fair to patients,” said Keith A. Hebeisen, partner and head of medical malpractice at Clifford Law Offices. “Patients and their families do not even know if a dispute exists or the extent of any damages until something devastating or permanent has occurred. If Northwestern or its representatives or agents give negligent advice to patients via the website, it should be treated just like any other communication to the patient. Negligence should be determined by a jury along with any damages that occurred.”

If patients have a dispute resolved by a private arbitrator, the outcome is final and is confidential. Northwestern announced that patients also could pursue a claim in small claims court where a judge, not a jury, would decide the matter.

“This action by Northwestern Medicine is quite unusual,” said Shannon M. McNulty, head of the class action practice at Clifford Law Offices, a personal injury and wrongful death firm based in Chicago. “Generally, it is left to the courts to decide what courses of action a patient or anyone has if their legal rights are violated. For a healthcare provider to make such a sweeping determination will likely be tested in the courts if this policy is pursued and becomes a rule that patients must follow if they want care by that hospital network. Not only does this policy raise serious issues about accountability, but it may also be in conflict with the Patient Protection and Affordable Care Act.”

Judges in Illinois are elected, whereas arbitrators are hired by companies and have to be paid by one or both parties. Arbitrations can cost an average of $2,500 per day.

Northwestern Network, which reportedly took in more than $5 billion in revenue in 2018, according to WBEZ, stretches from Chicago for about a 70-mile radius. “Northwestern Medicine MyChart Users: Your Legal Options Just Shrank,” Kristen Schorsch, WBEZ reporter, Jan. 9, 2019.

Advocate Aurora Health, Rush, UChicago Medicine, AMITA Health, NorthShore University HealthSystem, and Loyola Medicine reported to WBEZ they do not utilize these limitations, according to the story by Schorsch.

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