Hernandez v. Pritikin

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Hernandez developed Parkinson’s disease, allegedly as the result of his exposure to chemicals at Central Steel, where he worked from 1968 to 1995. From 1995 to 1996, Hernandez was represented by a firm that filed a social security disability claim. From 1999 to 2002, he was represented by Bernstein, Grazian and Volpe, who filed a 1999 workers’ compensation claim, alleging chemical exposure at work. A third law firm was retained in 2004 and filed suit for civil damage recovery, strict product liability and negligence lawsuit against various companies involved in the manufacture and sale of those chemicals; that suit dismissed as time-barred. Hernandez alleged that the Bernstein firm should have advised him that he had other ways to recover beyond seeking workers’ compensation benefits and should have advised that he file a legal malpractice action against the first law firm for its failure to file a product liability suit. In 2009 the circuit court dismissed on grounds of res judicata. The appellate court reversed. The Illinois Supreme Court affirmed, finding that the elements of res judicata had not been proven.View "Hernandez v. Pritikin" on Justia Law