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May 30, 2008

Metra Train Strikes Vehicle and Causes Delays to the Chicago Commute

A Metra Train accident caused delays this morning along the North Central Service line to Antioch, Illinois. The freight train struck a car at a railroad crossing in Lake County, Illinois. The freight train accident happened near Belvidere Road and Illinois Highway 83 in Grayslake. Metra has reported delays along the line between Antioch and downtown Chicago. Injuries have not yet been reported. Rail crossings can be hazardous, especially during the morning rush, and have repeatedly been sources of train accidents and injuries.

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Posted In: Public Transit

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May 30, 2008

Crane Crashes into Chicago Building

Chicago, Illinois was the center of a building construction accident, last week, where a crane fell on a building construction site. Emergency crews were called to the construction site after the 700 foot crane smashed into a building. Chicago, Illinois is only one of many cities to recently experience accidents on construction sites. Construction crews must work carefully and be cautious as in locations like the Chicago Loop both buildings and pedestrian accidents are abundant and likely to result in personal injuries. To see the full article click here

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Posted In: Construction Injury

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May 28, 2008

CTA President Ron Huberman Admits that Driver Error Caused the CTA Green Line Derailment

CTA President Ron Huberman was quoted in the Chicago Tribune stating that driver error caused today’s CTA Green Line derailment accident near Washington Park. This CTA accident follows a long series of CTA troubles. In July 2006, the CTA Blue Line derailed and caught fire just west of the Clark and Lake station, an accident injuring more than 150 CTA passengers. More recently, a semi truck accident claimed lives at the Cermak Red Line platform. This summer, the Blue Line stalled and eventually led to all passengers evacuating. The worst CTA derailment accident was in 1977 when a rush hour loop train came off of the tracks and crashed into pedestrians below. There is no word if a personal injury lawsuit for train derailments has been filed in this case or if anyone will seek to sue the CTA for injuries arising from today’s CTA train accident.

Read more here.

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Posted In: Train Accidents

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May 28, 2008

CTA Green Line Accident Photos from the Scene Now Available

Photographs of the CTA Green Line accident this morning are now available online. The CTA train derailed near 59th street on the south side of Chicago. The train derailed at the junction where Green Line trains can go east or west to the 63rd and Ashland stations. The photos clearly show that the front two cars actually ended up on separate spurs after the driver ignored the red stop signal and deliberately drove the train, even though safety features shut the train down to prevent exactly this type of CTA train accident.

See the photos here.

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Posted In: Train Accidents

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May 28, 2008

CTA Train Derails During Morning Commute and Injures Ten People: Driver Error Blamed

A CTA Green Line train derailed and injured ten people this morning during the rush hour commute in yet another CTA accident. This Chicago Transit Authority accident comes after a troubled summer for Chicago transit. According to news stories, the CTA train derailed after the Motorman, or train driver, intentionally went through a red signal. CTA tracks have an automatic device that stops trains from going through red signals by stopping the train. However, the driver ignored the safety device and restarted the train. The train then derailed on the tracks but did not fall to the street. 14 people were taken to area hospitals and ten people were reported injured in the CTA accident. There is no word yet if any CTA derailment injury lawsuits or CTA accident lawsuits have been filed.

Read more here.

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Posted In: Train Accidents

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May 27, 2008

Chicago Man’s Family Files a Wrongful Death Lawsuit against the Chicago Police Department

The surviving family members of a man who died while in Chicago Police Department (CPD) custody have filed a wrongful death lawsuit against the Chicago Police Department. The CPD wrongful death lawsuit claims that the man was not properly observed or restrained while in police custody. He was able to climb on the top of the police wagon, through the roof, and onto the top of the vehicle. He fell to his death from the police wagon and landed on his head.

Read more here.

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Posted In: Wrongful Death

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May 21, 2008

Sears Holdings Corp. Named in Class Action Lawsuits over Negligent Installation of Dryers

Chicago-based Sears has been named in a class action lawsuit in the Northern District of Illinois alleging that the company was negligent when installing household dryers. The suit claims that Sears, and four other companies, were negligent in ignoring the fire hazards created by installing metal foil exhaust with plastic vents. The US Department of Homeland Security has data to show that dryers were implicated in 15,000 house fires that caused 15 deaths between 2002 and 2004. There was no report whether a products liability lawsuit, personal injury lawsuit, or wrongful death lawsuit was filed in conjunction with the class action.

Read the story here.

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Posted In: Products liability

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May 20, 2008

States Split $58 Million Settlement Payout from Merck Pharmaceuticals for Vioxx

Merck Pharmaceuticals will pay out a $58 million settlement to 29 states for their expenditures on Vioxx for state medical care programs. According to documents filed with the court, Merck failed to disclose the heath risks with Vioxx which was used to treat heart problems. Merck has also set aside a massive $4.5 billion settlement fund for private pharmaceutical liability lawsuits that individual people may have filed for their Vioxx injuries.

Read more here.

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Posted In: pharmaceuticals

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May 19, 2008

Heparin Deaths and Heparin Injuries at Forefront of Special Subcommittee Hearing

The House Committee on Oversight and Government Reform held a hearing entitled, “Should FDA Drug and Medical Device Regulation Bar State Liability Claims?” on Wednesday, May 14, 2008, in 2154 Rayburn House Office Building. At the hearing, Heparin deaths and heparin overdose injuries featured front and center. Notably, Dennis Quaid and his wife testified about their experience when their children were overdosed with heparin while in hospital. The Quaids have filed a heparin lawsuit in Cook County against the Chicago-based Baxter Healthcare which produces the drug.

Read the Quaids' testimony here and read more about the hearing here.

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Posted In: Products liability , Wrongful Death , pharmaceuticals

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May 13, 2008

Sidewalk Lawsuits Shed Light on Unsafe Conditions, Including Unsafe Renovations

Many people have heard of the requirements that the Americans with Disabilities Act (ADA) places on public sidewalks. Sidewalks must be accessible and easy to use for people in wheelchairs and other mobility devices. However, renovations and compliance can be done improperly, creating risks in the face of improvement. Sidewalks that are too steep, poorly graded, contain broken concrete, holes, craters and potholes can be extremely dangerous to pedestrians on foot and in mobility aides. Sidewalk injuries, sidewalk slip and fall injuries, and other accidents may be the responsibility of the local entity that supervises sidewalks.

Read more here.

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Posted In: Slip and Fall

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May 12, 2008

Jones Act Lawsuits: What Kinds of Vessels Are Covered?

Jones Act lawsuits are not limited to offshore vessels only; inland waterway seamen are also covered by the Jones Act and can seek fair and reasonable compensation for their injuries and medical expenses. The Jones Act applies to inland river workers as well as offshore workers and covers jackup rig injuries, semi-submersible ship or rig injuries, construction and lay barge injuries, drill ship injuries, tug/towboat injuries, crew boat injuries, drill ship injuries, dredge injuries, tanker and cargo ship injuries, fishing vessel injuries, chemical ship injuries, research vessel injuries, cruise ship injuries, other floating/movable structure injuries. The Jones Act does not require payment regardless of fault: in order for a worker to recover under the Jones Act, a worker must prove some negligence or fault on the part of the vessel's owners, operators, officers, and/or fellow employees or by reason of any defect in the ship or vessel, the gear, equipment or tackle.

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Posted In: Jones Act and Maritime law

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May 12, 2008

Questions about the Jones Act: What is it?

The Jones Act is a law Congress enacted to protect workers who are injured on a ship or vessel. The Jones Act governs the liability of vessel operators and marine employers for the work-related injury or death of an employee. It is a federal cause of action, meaning that the United States Congress intended for all seaman's injuries throughout the nation to be guided by the same liability standards of the Jones Act. Jones Act cases are different from normal Illinois workers' compensation lawsuits: in a Jones Act lawsuit, you may seek to recover past and future economic loss, pain and suffering, mental anguish, disfigurement, loss of capacity to enjoy life, loss of the ability to perform household services and take care of yourself, and other damages recoverable under the maritime law.

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Posted In: Jones Act and Maritime law

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May 7, 2008

4 Charged in Hospital Rape Case; Hospital Employees Failed to Report Abuse

Four hospital employees have been charged with failure to report sexual assault after a stroke patient was sexually assaulted while incapacitated. As police continue to investigate, more details come to light. The victim was incapacitated following treatment for a stroke and was not able to relate her hospital sexual abuse until almost a month later. However, the hospital did not inform the authorities or take any action: it was not until another month later that a hospital employee reported the assault to the police. This case shows an egregious example of hospital staff failing to report hospital sexual abuse.

Read more about this case here.

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Posted In: Medical Malpractice , Nursing Home Abuse

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May 7, 2008

Abused Child Gets $18.2 Million Settlement from the State for Negligence

A child who was irreparably injured and abused after being released into her abusive mother’s custody has received an $18.2 million settlement from the state to compensate for the state’s negligence in a personal injury lawsuit. The child was released to her mother after a hospital stay even though the state child welfare services had suspected child abuse in the home. Soon thereafter, the child was swung around by an abusive live-in boyfriend and suffered permanent brain damage as a result of the injury. The settlement will help to compensate the victim for her medical bills and pain and suffering resulting from the state’s negligence.

Read more here.

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Posted In: Injuries to Minors and Children

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May 5, 2008

Levin & Perconti File a Personal Injury Lawsuit in Cook County Against the City of Chicago

Levin & Perconti have filed a personal injury lawsuit against the City of Chicago seeking damages in excess of $50,000 after a woman was injured by a dangerous and improperly-maintained sidewalk on the city’s south side. The plaintiff broke her leg and sprained her foot, requiring surgery and extensive rehabilitation. Levin & Perconti claim that the City failed to maintain the sidewalk, that the City failed to inspect the sidewalk, and that the City failed to take reasonable steps to maintain the sidewalk in a safe and usable manner.

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Posted In: Illinois statutes and Chicago Municipal Codes

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May 3, 2008

Lawyer Tips: Accounting for Other Jurisdictions

Some cases, including a personal injury lawsuit or worker’s compensation lawsuit, you take may arise in other states but can be filed in Illinois. If you have a case like this, be sure to check the statute of limitation in the other state before you begin the representation. You must verify that the statute has not expired. Other states may have widely different statutes of limitations that can even vary, per claim, within one area of law. Be sure to verify the statute on paper or using an internet-based legal research tool as word of mouth may not be enough.

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Posted In: Tips for Lawyers

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May 2, 2008

Lawyer Tips: What to Do When You Need to Withdraw from a Case

If you decide to withdraw from a case, especially a personal injury lawsuit, or your client wishes to switch attorneys, you must be sure to make effective withdrawal. Simply ceasing to represent the client in name is not enough. Illinois lawyers should either withdraw their appearance or be certain that an order for substitution of counsel is entered. One easy way to tell if your withdrawal is effective is whether or not you still receive notices of motions and pleadings: if you do, check to verify that your withdrawal or order of substitution was entered. Failure to properly withdraw from a case may expose you to malpractice allegations or a judge could find that you are still counsel of record.

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Posted In: Tips for Lawyers

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May 1, 2008

Local Teacher Killed in Logan Square Bicycle Accident

A schoolteacher died in a Chicago bicycle accident yesterday in Logan Square. She was riding on Kedzie Avenue when she was struck fatally on her bicycle by a car. This is the second bicycle related death in Logan Square in the past ten days. Another cyclist was killed in a bicycle accident when he attempted to make a left turn in front of a car. This unfortunate bicycle accident shows that there are dangers to riding bicycles in Chicago that cyclists should know about. It is important to always wear a bicycle helmet, obey traffic signals, and always be vigilant around cars and trucks in hopes of avoiding a bicycle accident.

Read the full story here.

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Posted In: Bicycle Accidents , Motor Vehicle Accidents , Pedestrian , Wrongful Death

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May 1, 2008

Lawyer Tips: Vaccine Injuries

Vaccines are a very common part of life for all of us and certainly a least favorite experience for children. However, vaccines can also bring about personal injury lawsuit for vaccine injuries and may be a source of medical malpractice lawsuits medical malpractice lawsuitsIt is important that attorney be sure to advise their clients about the availability of compensation for a vaccine-related injury or death. Check the National Childhood Vaccine Injury Act of 1986 which governs this ethical obligation.

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Posted In: Tips for Lawyers

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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