Illinois Injury Lawyer Blog

Several people, including two children, were personally injured in a traffic crash involving three cars and a Chicago fire department ambulance on the Northwest Side of Chicago. After assessing initial reports, none of the personal injuries seemed to be life threatening. Three people were taken to area hospitals and are in serious-to-critical condition with personal injuries while two children were taken to Children’s Memorial hospital. Others, including two fire department personnel, were in fair-to-serious condition with personal injuries. According to preliminary reports, the ambulance was heading eastbound on Addison when it struck a vehicle heading south on Menard. The southbound vehicle then flipped over and slid into a vehicle heading north on Menard. At some point another vehicle rear-ended the northbound vehicle and fled. The ambulance was en route to a hospital with two patients. The two patients were then placed into another ambulance after the automobile crash and taken to the hospital. They are reported to have minor personal injuries from the automobile crash. To read the full story, click here.

Chicago suburban Wheeling firefighters found two seriously injured people lying in the grass outside their burning building when they responded to an apartment fire early in the morning. The first responders quickly tended to a man with second- and third-degree burns covering half of his body. They also found a woman who was severely bleeding after she leapt through a first-floor window to escape the fire. Both were taken to the hospital with personal injuries and the man is currently in the burn unit. The fire started in the first-floor unit and then spread into the upstairs apartment through the front balcony. The buildings roof caved in and both units were left charred and gutted. Residents said that it took about one hour to put out the fire and there is at least $500,000 worth of damages. The building is also uninhabitable because gas and utilities needed to be turned of. Although a fire alarm was in the building, there were no sprinklers. Although the cause of the fire is still under investigation, it appears to be accidental. At this time, no personal injury lawsuits have been filed. To read the full story, click here.

Divis v. Woods Edge Homeowners’ Association, No. 1-08-0411 (10/28/08) found that a plaintiff's personal injury complaint, for injuries which he sustained when he slipped and fell on condominium property because of the negligent partial removal of snow and ice, is barred by Snow and Ice Removal Act even though there was a contract for snow removal between the defendants. This Illinois Appellate Case will have a great impact on slip and fall cases.

Two workers are in critical condition with personal injuries after scaffolding collapsed on the side of a Chicago River North building seven stories above the ground, which lead to a dramatic mid-day rescue. 50 firefighters worked to save the two men, one of whom was pinned against the building while the second managed to climb to the top of the building. The scaffolding fell in the late morning, trapping the man. Rescue workers found one of the men hanging on the side of the roof of the building at 320 W. Ohio St. The man’s arm appeared to be trapped underneath a piece of scaffolding and his feet were resting on a piece of the building under renovation. It took firefighters more than a hour to free the pinned man, and the men needed intravenous fluids and oxygen while rescue personal worked. The man who had been trapped was bloodied and his head bandaged. Both workers suffered significant blood loss and major head trauma. Part of the collapsed scaffolding remained hanging from the side of the office building. To read the full story, click here.

The family of a boy who died after suffering a seizure in gym class is suing Chicago Public Schools and the Board of Education claiming the boy was not supposed to be participating in gym class in the first place. The young boy died after having a seizure and collapsing in gym class. The boy was a student at Reilly Elementary school had been diagnosed with syncope in 2005. Syncope generally causes someone to faint or pass out due to lack of blood flow to the brain. After hospitalization, the boy’s parents met with his teachers to discuss the child’s medical conditions. The suit claims that all parties involved decided to not to allow him to participate in gym class in the future, because participation could jeopardize his health. The boy suffered an episode on Oct. 23, 2007 that caused him to have a seizure and collapse in gym class. The boy was taken to the hospital and died that day. The suit claims that the Board of Education and CPS are responsible death of the child, claiming that they negligently and willfully allowed Garcia to participate in gym class despite his condition and their agreed upon arrangement. The family has asked for an unstated amount of money for their pain, suffering and loss of their loved one. To read the full story, click here.

Delta Enterprise Corp. will announce a recall Tuesday of 1.59 million cribs linked to two infant which continues a string of recent recalls of cribs and bassinets involving other manufactures. The spokesperson for the company said the recall stems from two different types of problematic hardware used on cribs sold from 1995 through 2005. The hardware, which includes safety pegs for one set of cribs and spring pegs for another, can create a hazard if not properly installed. A gap, which can entrap and suffocate infants, will be creating if the drop side of the crib falls and disengages. At the moment none of the cribs are in inventory at retailers, although they could be sold in secondhand stores. Additionally, Simplicity recalled 900,000 convertible bassinets after federal regulators linked the products to two infant deaths from strangulation. It is important to ensure that your crib is not one of the cribs that have been recalled as it may lead to the wrongful death of your infant. To read the full story, click here.

A Chicago man died Saturday after police used a taser gum when he approached them with a homemade knife. No officers were hurt during the confrontation and the incident was being evaluated by the Independent Police Review Authority.

For the full article.

A Chicago Chinatown neighborhood restaurant experienced severe damages after flames broke out in the eatery’s kitchen and spread through the building. Luckily, the Chicago restaurant was located right across the street from a fire station so they responded immediately. No personal injuries were reported.

For the full article.

A woman who miscarried after two officers failed to get her medical treatment has reached a settlement in her wrongful death lawsuit and personal injury lawsuit filed against the police. The lawsuits claimed that the officers caused the death of her child when they denied her medical care during a traffic stop in 2006.

For the full article.

A former student who had alleged three former student athletes of sexual assault has now filed a personal injury lawsuit against the university. The personal injury lawsuit alleges that various administrators attempted to cover up the alleged assaults. According to the lawsuit, the university did not take the necessary measures to prevent the assault.

For the full article.

A woman who defrauded the Workers’ Compensation Board of nearly $800K while working there as a case manager has received a prison sentence. She was sentenced to three years in prison. The severe prison sentence was because this was a theft of a very large scale from an employer who trusted her.

These types of horrible incidents where a breach of trust results in stealing money from employers sometimes occurs in nursing home contexts where nursing home employees steal from vulnerable nursing home residents. This is severe nursing home abuse and neglect.

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A man’s legal malpractice suit against a law firm and one of its former attorneys went to jury deliberation after a trial that has featured a parade of legal and medical experts that lasted over three weeks. The issue in the trial is whether the lawyer inappropriately accepted a $15,000 settlement offer from the University of Maryland Medical System on the patient’s behalf, three years after the man nearly drowned in a break boating accident on the Susquehanna River. The man suffers from peripheral neuropathy and other ailments and has not worked for the past five years. He claims that his ailments are a result of doctors releasing him too soon which caused subsequent renal failure and heart problems. The lawyer testified that it was up to the client to decide whether to accept the offer or file a claim. To read the full story, click here.

Protect Our Parks, a not-for-profit corporation just filed a three-count lawsuit claiming a soccer field in the Chicago area of Lincoln Park is toxic because the field’s artificial turf contains lead. The field is located at 1840 N. Cannon Dr. The lawsuit claims lead is a toxic metal. Since children are particularly susceptible to lead’s toxic effect, the lead is all the more harmful. The suit seeks to stop the construction of the artificial field and order the removal of all artificial turf. The suit claims artificial turf, which is comprised of rubber tire crumbs, can cause serious health problems for children and adults when the chemical compounds are released into the air and ground water. It claims the Park District have failed to design a drainage system that protects Lake Michigan. The field lies adjacent to Lake Shore Drive, and is designed to drain and discharge all runoff directly into Lake Michigan without treatment or waste processing. To read the full story, click here.

Eli Lilly and Company became the first major drug maker to commit to physician payment disclosure, representing the newest example of the pharmaceutical industry’s openness about its practices. Now Merck & Company announced it will be releasing such disclosures. Merck sponsored the bill entitled the Physician Payments Sunshine Act which would require such disclosures. Merck announced that it will begin “enhancing transparency of our grants to patient organizations, medical professional societies and independent professional education initiatives.” Merck plans to expand its disclosures to include other grants made by the company. This growing trend has prompted Pfizer and AstraZeneca to back the Sunshine Act. The act calls for firms to declare gifts over $500 a year made to doctors, revised from $25. Additionally, the revised bill reduces fines to $1,000-$50,000 from $10,000-$100,000 per violation. Drug companies typically compensate physicians for medical advice or when they give lectures about there drug products, prompting critics to say that such payments have been encouraging physicians to speak more favorably about the paying drug company’s products. Additionally, the report states that drug makers use educational classes to increase sales. To read the full story, click here.

A man has been charged with negligence after the car that he was driving flipped over multiple times as a result of his excessive speed while driving. The car had four passengers, two of which were ejected from the car in the crash. One of the two ejected was the driver, who was in the hospital for a week but is now out of the hospital. The other passenger that was ejected from the vehicle sustained brain injuries and is still undergoing treatment. The other two passengers that were not ejected did sustain minor personal injuries. None of the passengers were wearing their seatbelts. As of now there are no further details on the lawsuit. For the full story click here.

A family of five, including three children as young as 15 months, died in a blaze that filled an apartment with thick black smoke and kept the victims from escaping through the front door. One 10-year-old boy survived and is now in critical condition after the fire in a city’s public housing complex. The boy was found with two other family members in a back bedroom, while the rest of the family sought refuge in a full bathtub and underneath a bathroom sink. The fire began in the kitchen of a sixth-floor apartment and the cause has not been determined. The apartment’s smoke detector had been unplugged and the battery removed. The housing authority had stated that the smoke detector was inspected six months ago and was working. A 40-year old man, 34-year-old woman, and three girls ages 8, 3 and 1 were all killed in the fire. A neighbor heard banging but could her no noise. This fire is reminiscent of the Summit apartment fire that lead to a six million dollar settlement. This settlement was obtained by the lawyers at Levin & Perconti. To read the full story, click here.

In a concession to pediatricians, drug companies said today that children under four years old should not be given over-the-counter cough and cold medicines. Pediatricians have expressed doubt over whether the medicine works on kids and worry about potential product liability issues with the drugs being unsafe for kids. Pediatricians have been calling for a ban on marketing medicine to children under six years old, but do believe that this change is a step in the right direction. Problems with over the counter drugs send nearly 7,000 kids to hospital ERs every year, with symptoms ranging from hives to drowsiness.

For the full article.

Chicago city health inspectors are closing a West Loop Bar Louie restaurant. The restaurant was closed after inspectors found over 1,000 rat feces in a basement storage area. The restaurant was also cited for front and rear doors with gaps that allow access to rodents and insects, fruit flies in the kitchen, a poorly maintained outside garbage area, no sanitizing solution in the dishwashing machine and no hot water. The location will not be allowed to re-open until it has passed a re-inspection. The Bar Louie location in Hyde Park was shut earlier because of problems with mice, flies and housekeeping. At this time, no one has filed a premises lawsuit against the restaurant. To read the full story, click here.

On November 3, the Supreme Court will review the case Wyeth v. Levine regarding whether FDA approval of prescription-drug label precludes any state lawsuit based on a claim that a better label was needed to make a drug safer. The plaintiff, Diana Levine, lost her hand and forearm to gangrene after she improperly received an injection of the nausea medication Phenergan into an artery during a push IV injection. Even though the FDA approved the Phenergan label, Levine sued the drug maker, Wyeth, in Vermont state court, alleging the company failed to provide adequate warnings on the label about the risks of push IV injections. The jury awarded Levine $6.8 million .

In its appeal to the Supreme Court, Wyeth argues that FDA approval of medication labels precludes lawsuits in state courts filed over alleged problems with the labels. It contends federal rules — not varying state standards — should control drug safety. To read the full story, click here.

Eleven years after the drug hit the market and twelve years after a large study indicated that use of the drug increased risks for weight gain and diabetes, pharmaceutical manufacturer Eli Lilly has finally expanded its warning labels on its best selling product Zyprexa. The makers of Zyprexa finally bowed to pressure by the FDA and the warning labels now include risk factors for weight gain, high cholesterol, high blood sugar, and other metabolic problems. Zyprexa has been the subject of numerous product liability lawsuits.

For the full article.

An Illinois plaintiff who suffered a slip and fall at a Lowe’s has settled his Illinois personal injury lawsuit. The Illinois lawsuit claimed that the plaintiff was shopping for plumbing supplies just over a year ago when he tripped and fell on a piece of plywood that was lying on the floor.

For the full article.

The family of the woman killed when a Big Dig tunnel collapsed have settled a wrongful death lawsuit for more than $28 million. The woman was killed in 2006 when part of a tunnel ceiling collapsed on her car. The settlement resolves wrongful death claims against all fifteen defendants.

For the full article.

Pharmaceutical company Merck is facing lawsuits by numerous states over what they allege was deceptive marketing of the painkiller Vioxx. One state is seeking restitution for all money spent by state health programs on Vioxx, plus interest. Merck was the subject of numerous product liability lawsuits after research showed that Vioxx doubled the risk of heart attack and stroke.

For the full article.

A former high school student is suing the Board of Ed over an injury sustained two years ago. The personal injury lawsuit filed over summer claims that a game of freeze tag resulted in severe bodily injuries after she was pushed by another student into a lawn mower.

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Razor USA is voluntarily recalling over a hundred thousand three-wheeled scooters for fear of products liability. The undersides of the foot platforms can have sharp edges, posing a laceration hazard to children.

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Abruzzo v. The City of Park Ridge, No. 104935 (10/2/08) held that the limited immunity of Emergency Medical Services Systems Act, rather than total immunity of Tort Immunity Act applied to complaint by a mother for the wrongful death of her 15 yr. old son, who died as the result of the failure of City's ambulance squad, after responding to call by child's father, to assess, evaluate, treat, or transport his unresponsive son, or even prepare a run sheet. Statutory provisions are inconsistent; therefore the more specific legislation, the EMS Act, applies. This first district case will have a profound effect on wrongful death lawsuits in the future.

In a serious case of products liability, drug maker Cephalon, Inc. will pay $425 million in a settlement for illegally marketing a highly addictive lollipop painkiller and two other pharmaceuticals for non-approved uses. The company will plead to a criminal misdemeanor for its off-label marketing. The drug was marketed to doctors for maladies including migraines and injuries when it was a highly addictive narcotic approved only for cancer patients with severe pain.

For the full article.

A federal judge ruled this week that a products liability lawsuit filed by the parents of a 16 year-old boy who committed suicide while taking Paxil can proceed to a jury trial. In so deciding, the judge denied a motion by pharmaceutical company and Paxil manufacturer GlaxoSmithKline.

For the full article.

The government is urging consumers to thoroughly cook frozen chicken dinners after 32 people in 12 states were sickened with salmonella poisoning. The health warning cited frozen dishes in which the chicken is raw, but breaded or pre-browned, giving the appearance of being cooked. These meals include, “chicken cordon bleu,” “chicken Kiev”, or stuffed chicken breasts. USDA’s Food Safety and Inspection Service issued the warning Friday after Minnesota health officials found a link between the chicken dinners with salmonella illnesses reported in Minnesota and 11 other states. It did not name the states in its release, nor did it immediately respond to a message seeking that information. Symptoms of salmonella poisoning include diarrhea, abdominal cramps and fever within eight to 72 hours. It can be life-threatening, especially to those with weak immune systems such as children and the elderly. To read the full story, click here.

The Illinois Workers’ Compensation Commission adopted new regulations that will affect Illinois workers’ comp attorneys. The Commission met as a whole last week and adopted to submit proposed changes to fee schedules for ambulatory surgical treatment centers; hospital outpatient facilities; and more. Due to a lack of data, the original fee schedule did not include fees for these areas and payment was set at 76% of the provider’s charge.

For the full article.

In Illinois, the family of a former Illinois State University football player brought a wrongful death lawsuit against their doctor’s business. The business is an Orthopedic & Sports Medicine Center and OSF Health System. The suit was filed after the 22-year-old player died after knee surgery. The suit claims that the victim died as a result of negligent post-surgical treatment by the doctor and three nurses. OSF Health System was named in the suit because it reportedly employed two of the nurses in its Home Car center. Reports show that the victim suffered complications after the knee surgery and was found unresponsive at his home. He wrongfully died at the hospital the following day. As part of a settlement reached, the victim’s family received a $1.7 million payout which resolved the suit. To read the full story, click here.

An Illinois man brought a personal injury lawsuit against the Steam Plant Restaurant after he sustained injuries falling on a wet floor. The man claimed that he now suffers from an affliction that makes his bones susceptible to fractures, because the restaurant was negligent in putting up a proper warning sign. The victim broke his arm in several places and says he might require additional surgeries. As part of a personal injury settlement reached, a jury ordered that the victim be awarded $1 million, and his wife an additional $75,000. The week long trial included more than 20 witnesses who testified that they saw the floor being mopped. To read the full story, click here.

A city council has settled a personal injury lawsuit stemming from a broken sidewalk for $35,000. The city council will now be examining four claims for injuries caused by falling limbs from city trees.

For the full article.

American Economy Ins. Co. v. DePaul University, No. 106517 & 106831, presented the question as to whether the trial court properly found that plaintiff-insurance company had a duty to defend defendants (as additional insureds named in insurance policy) in underlying action alleging that defendants selected and installed certain fluorescent light fixtures without also installing protective filters? Appellate Court rejected plaintiff's claim that it had no duty to defend defendant where underlying complaint did not specifically name original insured named in policy. It also held that duty to defend arose where additional insured endorsement in policy provided coverage for liability arising out of original insured's work and where third-party complaint in underlying action accused original insured of failing to properly install subject fluorescent lights. This first district decision will have an impact on premises liability cases in regards to insurance.