Illinois Injury Lawyer Blog

Last year, the Illinois personal injury lawyers at Levin & Perconti read about too many heart wrenching cases of injured children involving dangerous pools. These injuries to children could have been prevented! Many children who drown in swimming pools were not neglected – they had only been seen moments before. Unlike what some people may expect, drowning is a silent killer. Water fills a drowned person’s air passages so they are unable to make a sound or scream for help. Unfortunately, fifteen percent of children admitted for near-drowning die in the hospital. Recently, the Chicago Tribune ran an article about pool safety tips and we wanted to highlight some of the suggestions to our readers.

In order to avoid such tragedy, you should always watch children closely; never leave them alone, even for a moment. Remove all toys from the pool after everyone is out so children aren't tempted to reach for them. You should also consider installing a fence that rises at least four-feet high around the pool. In order to work most effectively, the fence should separate the pool from the house and play area of the yard. You want to use gates that self-close and self-latch, with latches higher than your children's reach. You should also install door locks and alarms – the lock should be high enough that it would make it difficult for a child to get out. Additionally, a pool alarm will notify you if someone has gotten into your pool, even neighborhood kids. Be sure to keep safety rescue equipment and a telephone by the pool. Of course, call 911 immediately in an emergency.

For more information about pool safety.

Chicago wrongful death lawyers at Levin & Perconti were extremely saddened to read in the Chicago Sun-Times today that a young Chicago boy was wrongfully killed by a drunk driver in the Rogers Park neighborhood this morning. The 10 year-old boy was walking with his father and was between two vehicles when a vehicle driven by a suspected drunk driver hit one of the vehicles. The Chicago boy was crushed between two cars and died at 7:41am at St. Francis Hospital in Evanston, Illinois.

The 10 year-old Chicago boy was with his father and his three year-old sister who witnessed the wrongful death car accident. At the time, the young Chicago boy was heading to his aunt’s and uncle’s house while his parents went to work. Chicago area police are questioning the driver who smashed into the vehicle, killing the boy. Alcohol is suspected in the crash.

Wrongful death is a legal term used to describe a death that has been caused by the fault of another individual. For example, deaths caused by drunk driving or a defective product may be considered “wrongful death” under the law. Generally, wrongful death lawsuits are filed by family members of the decedent. Levin & Perconti has handed numerous wrongful death lawsuits and has recovered millions of dollars in verdicts and settlements for victims and their families.

More information about the Chicago 10 year-old boy’s wrongful death is available here.

A Cook County injured plaintiff has filed a Cook County premises liability lawsuit against NBC Universal, Inc., PE Productions LLC and Universal City Studios LLLP, and other unknown defendants. According to the Illinois injury lawsuit filed in Cook County Circuit Court, the Chicago injured pedestrian tripped and fell on fake trolley tracks.

As background, movie crews for the 2009 movie Public Enemies transformed Chicago city streets to look like the 1930s. Movie crews installed rubber cobblestones and trolley tracks around the history Biograph Theater in Chicago, where Dillinger was gunned down in July 1934. The Chicago injury plaintiff was crossing Lincoln Avenue at the Fullerton and Halsted intersection in May 2008, when he walked over the fake rubber cobblestones and received injuries. The Chicago injury lawsuit claims that the plaintiff’s feet sank into the rubber and his left foot got caught underneath metal trolley tracks. The Illinois man fell and received severe and serious personal injuries, according to the Cook County lawsuit.

The Cook County premises lawsuit does not detail the extent of the Chicago man’s injuries. However, it states that no signs, barriers, or other warnings existed to alert the plaintiff to the fake stone and tracks. The Chicago personal injury lawsuit seeks damages in excess of $50,000 for the plaintiff’s permanent physical injuries.

Premises liability law is the law that makes the individual in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises. As for public roads and sidewalks, premises owners are typically charged with clearing public sidewalks in front of their premises. Further, they are responsible for maintaining their premises so as not to pose a danger to members of the public who are passing by on a public street or sidewalk.

Click here to read more about the Chicago personal injury lawsuit.

Chicago injury lawyers at Levin & Perconti read about the recent product recall involving injuries to children and wanted to share the important recall information with our readers. The asphyxiation deaths of two boys, including one Chicago wrongful death, have prompted the government to announce a product recall of 1.8 million toy dart guns. The Consumer Product Safety Commission (CPSC) stated that a 9 year-old boy in Chicago and a 10 year-old boy in Milwaukee both died after they chewed on the one-inch soft plastic darts, which slipped into their throats. The small suction cup part of the dart cut off the children’s breathing. The dart guns were sole nationwide extensively at Family Dollar stores.

Consumer Product Safety Commission chairman warned that parents should know about the risks to children during the preteen years that can come from aspirating these toy darts. The dart gun sets were imported by Henry Gordy International in New Jersey. CPSC stated that the New Jersey company refused to issue a product recall for the dart set, so Family Dollar worked with the agency on recalling the product. Family Dollar stated that the company has not sold the dart sets in more than a year, but wanted to issue the product recall so that customers who purchased the product in the past would be alerted. The agency advises people to immediately take the toy dart gun sets from children and discard them. Family Dollar will offer a refund. Chicago accident lawyers urge parents and guardians to examine the toys that their children have for toys that are potentially injurious.

To read more about the product recall affecting children, click the link.

Chicago injury lawyer Susan L. Novosad recently obtained a $1.2 million Illinois premises liability settlement on behalf of an Illinois injured victim. In 2002, the plaintiff was employed by the defendant as a general handyman on the estate. The injured plaintiff was gardening on the property near a greenhouse when a large selection of the façade of the greenhouse fell onto the plaintiff, causing him to suffer severe and permanent injuries. He suffered crush injury, lumbar plexopathy, radiculopathy, hip and back pain, sensory numbness, impairment, weakness, concussion, and depression.

Third party defendants were hired by the defendant to evaluate the greenhouse structure and found that the greenhouse was structurally unsound and in an unstable condition. However, the third party defendants failed to notify the city in which the defendant’s estate was located of the greenhouse’s inhabitable condition. The third party defendants also failed to secure the site around the structure to prevent personal injuries to people lawfully on the premises, like the personal injury plaintiff. The defendant estate owner was aware that the greenhouse structure was unsafe and unfit, but failed to fix the condition of the greenhouse and failed to take appropriate measures to prohibit the Illinois premises liability plaintiff from accessing the area near the greenhouse. But, the defendant chose to make no repairs to ensure the safety of others due to the costly nature.

The Illinois product liability attorneys at Levin & Perconti realize that our readers are likely worrying about whether the lettuce they have bought is safe to eat, due to the recent E. coli outbreak and recalls. The Centers for Disease Control and Prevention has expanded the E. coli outbreak to four states – the outbreak involves potentially deadly food-borne illness linked to tainted lettuce. The E. coli outbreak has sickened at least twenty-three people in four states, but luckily, no deaths have been reported. According to a recent CNN.com article, the current product recall involves companies that distribute lettuce supplies to wholsesale and food service outlets. Experts suggest you abstain from eating lettuce at salad bars because of the fact that this current recall involves the lettuce distributed wholesale. Additionally, salad bars generally have the potential for more contact with lots of hands and people.

Grocery store whole lettuce is relatively safe, according to the expert consulted by CNN.com. Freshway Foods and Vaughan Foods have issued a product recall for bagged lettuce products. Production practices, harvesting, packing, processing, and food handling have all been linked to illnesses associated with leafy greens.

The Food and Drug Administration has offered food safety tips to assist in food safety. 1) Clean –make sure you wash your hands and everything else that comes into contact with good, including utensils, countertops, and tableware. 2) Separate – keep uncooked food from contaminating other food with dangerous bacteria. 3) Cook – keep food safety by cooking it thoroughly. 4) Chill – keep foods cold and chill leftovers quickly.

Click this link to read more about the E. coli outbreak and how it affects your lettuce.

The Chicago Tribune is reporting that an Illinois man hired to work at Medieval Times as a king has filed an Illinois personal injury lawsuit against the companies that operate the entertainment venue after he was thrown from a horse. Last year, the Illinois personal injury plaintiff was hired last year to play a king at Medieval Times and had to ride a horse and speak at the dinner and tournament show. The Cook County injury lawsuit was filed last week in Cook County Circuit Court.

For those of you who are unfamiliar with the Medieval Times entertainment show in Schaumburg, Illinois, actors hired as knights, kings, princesses, and others perform during the show in simulated combat, jousting, horsemanship, and falconry. At the time, paying guests dine on a four course meal.

The Cook County plaintiff alleges in his personal injury lawsuit that he had no experience riding horses prior to working at Medieval Times. He contends that he was being trained by a fellow cast member who was not present on the date of the fall. When the plaintiff was sitting on the horse, the horse came to a stop and then reared. The injury plaintiff fell backwards onto the ground and the horse landed on top of him. His Cook County attorneys are suing Medieval Knights LLC and Medieval Times U.S.A. Inc. for negligence and failing to control the horse. The plaintiff seeks more than $50,000 for his personal injuries. Accordingly, the Cook County injury lawsuit was filed in the Law Division at the Cook County Circuit Courthouse in Chicago, Illinois.

Click the link to read more about the Cook County personal injury lawsuit.

Callaghan v. The Village of Clarendon Hills, No. 2-09-0482 (4-29-10) affirmed a case that found that the plaintiff was injured when she slipped and fell on ice and snow while walking on public sidewalk near a public park within a residential area. Court properly dismissed negligence count, as Tort Immunity Act contemplates determination of immunity for bounded public property, and sidewalk here was immediately adjacent to a park; and Park District maintained it, indicative of intended use for recreational purposes. Court properly dismissed willful and wanton count, as facts alleged do not support inference of willful and wanton conduct; Defendants did not do anything to protect some persons and not others, and did not intentionally remove any safety device. This Illinois case will impact slip and fall cases.

Recent findings are showing that the safety and quality violations that led to the Tylenol plant shutdown were extremely serious and can lead to extremely tough action by United States regulators on drugmaker Johnson & Johnson. Last week, the Food and Drug Administration (“FDA”) released an inspection report on the facility in Pennsylvania where the product recall stems from, which a professor of pharmaceutical manufacturer called “absolutely shocking.” According to the professor at Temple University, the inspection report “is pretty close to being the worst [he’s] seen. It suggests that basically the FDA found an issue with almost every system at the plant.”

Earlier this month, a division of Johnson & Johnson recalled nearly fifty children’s versions of non-prescription (over-the-counter) drugs, including Tylenol, Motrin, and Benadryl. Since then, Johnson & Johnson has suspended all production at the plant. The FDA report listed twenty violations, including dozens of consumer complaints on the products recalled. However, Johnson & Johnson has not revealed details of those complaints. Congress has opened a product liability investigation into the product recall and lawmakers gave Johnson & Johnson and the FDA a deadline of today (May 17) to hand over details about consumer complaints. The Illinois product liability attorneys will keep our readers posted as the details of this product recall involving millions of consumers unfolds.

Chicago injury attorneys at Levin & Perconti want to remind you that you can dispose of pharmaceuticals. The City of Chicago and the Chicago Police Department have partnered to provide a place for the safe and proper disposal of unused or expired prescription and over-the-counter medications.

Where to dispose of recalled and expired prescription and over-the-counter medications.

To read about the shocking conditions at the product facility.

Illinois Trial Lawyers Association President Peter J. Flowers recently authored an editorial that appeared in the Madison County Record and The Southern Illinoisan in response to an editorial by Travis Akins. Akins’ article claimed to have found the real root of Illinois’ economic problems – he pinpointed the blame precisely on consumer driven lawsuits. Akins attempted to argue that the State of Illinois’ 13% unemployment is so high because businesses avoid Illinois because of “jackpot justice.” According to Akins, the Illinois personal injury court system is so unruly that no new business wants to open up shop here. Of course, Akins has a ready audience in those special interest groups who wish to shut the courthouse doors to the average citizen.

Mr. Flowers first addressed the article by stating that using the term "jackpot justice" to describe awards given to victims of Illinois medical malpractice or corporate negligence shows these special interest groups’ contempt for the pain and suffering those victims endured. As the Chicago injury attorneys at Levin & Perconti are too familiar with, most parents of a child permanently disabled by someone’s negligent behavior may hardly feel like they have won anything at all after a successful verdict.

Mr. Flowers pointed out that the most common and largest flow in Akins and his supporters’ logic is how they blatantly ignore how the court system works. Trial lawyers like those at Levin & Perconti are only one element – courts also include a judge, a jury, and opposing counsel. No Illinois personal injury or Illinois medical malpractice award is given to any victim until all of the facts have been argued and a judge and jury weigh in. As Mr. Flowers summed up quite nicely, this is precisely the system our Framers envisioned, and the words of that vision are carved above the entrance to the U.S. Supreme Court show that: "Equal justice under the law."

Hemminger v. Nehring, No. 3-08-0751 (4-8-10) affirmed a case where a plaintiff filed a wrongful death suit on behalf of his wife. This was based on a misinterpretation of Pap smear and failure to diagnose cervical cancer, which was diagnosed as Stage III six months later. Pap smear is "screening test" that is part of the diagnostic process, thus immunity provisions of Sections 6-105 and 6-106 of Tort Immunity Act apply. The court found that the summary judgment proper as to Defendants cytotechnician and physician, who were employed by municipal hospital and were within scope of their employment. This case will impact wrongful death law in Illinois.

Green v. Northwest Community Hospital, No. 1-09-2233 (4-28-10) reversed the Circuit Court decision and found that voluntary dismissal order falls within exception to general rule against claim-splitting, where court's order stated "plaintiff is granted leave to voluntarily dismiss with leave to reinstate as a matter of right", and thus clearly and unmistakably granted leave to refile the action. Court properly dismissed claims for wrongful death, survival, and loss of consortium, which reached final judgment in first action, but erred in dismissing consumer fraud and health care fraud claims, which did not reach final judgment in first action because order expressly reserved right to refile. This Illinois case will impact wrongful death law.

Green v. Northwest Community Hospital, No. 1-09-2233 (4-28-10) reversed the Circuit Court decision and found that voluntary dismissal order falls within exception to general rule against claim-splitting, where court's order stated "plaintiff is granted leave to voluntarily dismiss with leave to reinstate as a matter of right", and thus clearly and unmistakably granted leave to refile the action. Court properly dismissed claims for wrongful death, survival, and loss of consortium, which reached final judgment in first action, but erred in dismissing consumer fraud and health care fraud claims, which did not reach final judgment in first action because order expressly reserved right to refile. This Illinois case will impact wrongful death law.

The St. Clair Record reported that a recently filed Illinois wrongful death lawsuit alleges that the man died while swimming in a crowded Madison County Illinois lake after a lifeguard failed to provide him adequate assistance. In fact, the Illinois negligence lawsuit further contends that the lifeguard was allegedly talking and texting on her cell phone at the time of the incident.

The special administrator of the deceased man’s estate reported that the 45 year-old man visited Holiday Shores in July with his family. He decided to enjoy a swim in a designated beach area located in Edwardsville, Illinois. He was not alone – a number of other guests had also decided to swim in the same area that day. The wrongful death lawsuit alleges that the club should have had two lifeguards on duty because of the significant number of guests, instead of only one.

The Illinois drowning lawsuit also states that the 45 year-old decedent was swimming in the lake and began coughing and needing assistance. Friends and witnesses yelled and requested help, but the lifeguard did not reply in a timely fashion. The lifeguard had been on her cell phone throughout the day and was using her celphone at the time the incident occurred. Because of the lifeguard’s negligence, the lawsuit alleges, the victim’s deceased body was not discovered for more than one hour! The Illinois wrongful death lawsuit seeks a judgment of more than $150,000.

Click here to read more about the Illinois drowning lawsuit.

According to a recent Chicago Breaking News Center article, federal regulators at the U.S. Consumer Product Safety Commission (CPSC) have issued a product recall for another 170,000 cribs. The cribs were recalled for being a potentially deadly hazard to children. This crib recall is the latest in a string of several dangerous cribs recalled from the market. The recalled cribs, Sorelle and Golden Baby cribs, have sides that drop down to allow easier access to the babies in the cribs. However, the danger is that the drop-side hardware can disengage, which allows the side to separate from the tracks. This can be deadly and at the very last very dangerous for children because babies can slip into that gap and suffocate, strangle, or fall out of the crib.

The cribs have been sold at children’s product stores nationwide for the past 10 years for between $300 and $600. The distributing company received reports of 104 incidents where either the drop-side or crib slates became unattached, creating a dangerous gap. Six children received personal injuries of cuts or bruises; another five fell, but luckily received no injuries. No children were reportedly killed by this dangerous crib, but babies have died in cribs made by other manufacturers after the drop-sides separated.

The Chicago personal injury attorneys at Levin & Perconti encourage our readers to consult this recalled crib list of photos and model numbers to see whether any of the dangerous cribs are in their houses. Please make sure that your cribs are safe!

Click the link to read more about the baby crib recall.

The Food and Drug Administration (FDA) has released a scathing report slamming the conditions at the factory linked to producing the recalled children’s Tylenol, Motrin, Benadryl, and other over-the-counter drugs that were recalled last weekend. The seventeen page FDA inspection report conducted last month detailed lapses at the facility. The FDA is considering many actions, including potential criminal penalties against the company. In the mean time, Johnson & Johnson is temporarily suspending production at the plant – the company’s only plant that manufactures its liquid pediatric drugs. The company has expressed its concern for the potential to injure children. According to a recent CNN.com article, the federal agency cited the facility for not following quality controls and for not maintaining adequate lab facilities for testing and approval of components and drug products. The FDA’s findings also show that the company bought contaminated raw material from its vendors that tested positive for a type of bacteria that is yet to be identified by the FDA. However, the agency said that the company’s testing showed that the contamination did not reach its finished products.

The company recalled about fifty children’s versions of non-prescription drugs over the weekend for quality concerns. The injury attorneys at Levin & Perconti strongly encourage our readers to follow the FDA’s instructions to immediately discontinue the use of any recalled products. Disposing of the recalled products became a little less confusing in Chicago, with the City of Chicago and Chicago Police teaming to create multiple locations where residents can dispose of expired and/or recalled pharmaceuticals and over-the-counter products.

Read more about the FDA's scathing report about the Tylenol product recall.

The Chicago product liability attorneys at Levin & Perconti have blogged frequently about the recent Tylenol and other over-the-counter drug recalls from Johnson & Johnson’s drug manufacturing division. Now, CNN.com is reporting that lawmakers have announced that began an investigation into the recent product recall of Children’s Tylenol, Motrin, Benadryl, and other over-the-counter drugs. The House Committee on Oversight and Government Reform is asking the Food and Drug Administration (FDA) and Johnson & Johnson’s drug manufacturing division to disclose information on the drug recall and tell what prompted the recall. Important to potential injuries to minors and children, the House is also requesting that they disclose the severity of the impact would be to children who may have taken the recalled over-the-counter drugs.

The Illinois product liability attorneys think this a good action – especially considering that this recent product recall is the third to include Tylenol products this year. Lawmakers are hoping that the investigation will shed light on whether FDA’s inspection procedures are effective. Additionally, the investigation will also determine whether the division neglected to explore consumer complaints about the problem.

Chicago injury attorneys at Levin & Perconti also came across a helpful Chicago link regarding where you can find a location to dispose of pharmaceuticals. With all of the recent recalls of popular products that consumers use, the link will undoubtedly be helpful. The City of Chicago and the Chicago Police Department are partnering to provide a place for the safe and proper disposal of unused or expired prescription and over-the-counter medications.

To read more about the federal investigation into the recent drug recalls.

Click the link to determine where to dispose of recalled products, including expired prescription and over-the-counter medications.

CNN.com recently reported that Johnson & Johnson, the maker of several over-the-counter drugs, is taking corrective actions at its American plant after almost forty children’s versions of drugs were recalled for quality concerns. Product recalls included Tylenol, Motrin, and Benadryl – all popular over-the-counter options when one’s child is sick. If you’re thinking this is déjà vu, you are not completely off base. This latest product recall is the fourth recall in seven months for this division of Johnson & Johnson.

The division of Johnson & Johnson responsible for these drugs said that it took action in the form of a product recall as a precautionary measure because some of the products could have problems with their ingredients while others could contain tiny particles. The “tiny particles” may be solidified product ingredients or manufacturing residue such as tiny metal parts.

The four product recalls in the past seven months began in November 2009, when the company recalled five lots of its Tylenol Arthritis Pain 100 count due to reports of an unusual moldy odor that led to cases of nausea, pain, vomiting, and diarrhea. The next month, the product recall was expanded to include a different lot of the same pill. Then, in January, an undisclosed number of containers of Tylenol, Motrin, and other over-the-counter drugs were recalled after consumers complained of feeling sick from the unusual odor. Now, the company recalls children’s versions of popular drugs.

To read more about the current product recalls affecting children’s products, click the link.

With the hospitalization of Bret Michaels in the news, the Illinois brain injury attorneys at Levin & Perconti appreciated CNN.com piece about brain hemorrhages. Although we have blogged about several different brain injuries and their devastating effects, we thought our readers would also be interested in an in-depth explanation of brain hemorrhages.

Doctors say that the feeling of blood hitting the brain’s sensitive covering can cause the injured person to experience the worst headache of his or her life, which is what singer Bret Michaels may have experienced prior to his admission at the hospital. Subarachnoid hemorrhages occurs when blood enters the space between the brain and its transparent web-like tissue covering, the same location where spinal fluid is located. About 65,000 brain hemorrhages occur yearly in America, according to the chairman of neurosurgery at the Hospital of University of Pennsylvania.

When an individual experiences a brain hemorrhage, many things can happen. Some people experience the onset of the worst headache of their life and can still be awake and alert; these are referred to thunderclap headaches. These patients often have good recoveries and do not have recurrences. The most common cause of a hemorrhage is a physical injury, such as a car accident or a fall taken by an elderly individual. However, for spontaneous subarachnoid hemorrhages, a brain aneurysm is the likely culprit. An aneurysm is a bulging of a blood vessel in the brain. About half of the people with a ruptured aneurysm unfortunately die from the rupture itself. While hospitalized, people suffering from hemorrhages have an angiogram, a test that helps to visualize the blood vessels. But, sometimes aneurysms are not visualized because clotting can fill the aneurysm.

In addition to the “worst headache of your life,” other symptoms of brain hemorrhages include sudden loss of consciousness or diminished consciousness, nausea and vomiting, seizure, stiff neck, vision problems and mood changes, according to the National Institutes of Health.

Click the link to read more about brain hemorrhages.