Illinois Injury Lawyer Blog

The Chicago Tribune is reporting that two people remain hospitalized and several more are recovering from Illinois personal injuries after a salmonella food poisoning outbreak at the Skokie Country Club in the suburb of Glencoe in Illinois. Cook County health officials are still investigating the nature and cause of the Illinois salmonella outbreak. While the Department acknowledged that finding the source of the outbreak is unlikely, they will continue to investigate.

According to MayoClinic.com, there are more than 2,000 varieties of salmonella bacteria, but only a dozen of them cause personal injuries in people. Most of the illnesses fall under “gastroenteritis,” but some can result in typhoid fever. Salmonella-induced gastroenteritis is most often caused by eating raw or undercooked meat, poultry, eggs or egg products. Signs and symptoms may include: nausea, vomiting, abdominal pain, diarrhea, fever, chills, headaches, muscle pains, or blood in the stool. Infants, the elderly and people with weakened immune systems are at higher risk for more severe illness.

In the case of the Illinois salmonella infections, the Department of Health has updated the number of those hospitalized due to salmonella to eight; six have been discharged. There have been 37 confirmed cases of salmonella poisoning and the Department has received reports of symptoms in 50 other cases. The kitchen of the country club remains closed since the outbreak began June 12.

For the latest information on the Illinois salmonella poisoning, click the link.

The Wall Street Journal reported last week that the House Judiciary Committee approved a bill that would repeal the Limitation of Liability Act of 1851, making it easier for families of those killed in the Deepwater Horizon explosion through wrongful death lawsuits or personal injury lawsuits to sue for punitive damages. The Committee rejected an amendment that stipulated that the bill would not apply retroactively.

Several other interesting news arose last week regarding the BP Deepwater Horizon oil spill. For example, the New York Comptroller has hired attorneys in his effort to become the lead plaintiff in a federal class-action lawsuit by investors against BP over the Gulf spill. “The Energy Source” blog at Forbes took a stab at guesstimating BP’s total liability for the oil spill and estimated a total of $60.9 billion by breaking up the costs into three buckets – the $20 billion escrow fund, clean up and compensation, and fines and penalties.

The 150-plus personal injury lawsuits and other legal challenges face significant complications in the Gulf Area due to recusals and judges’ financial interests. The Los Angeles Times reported last week that federal judges in Gulf states have been extensively invested in the oil and gas industries for decade and those interests threaten to create a logjam for these Gulf spill personal injury lawsuits. Seven of the twelve federal judges of the Eastern District of Louisiana have already cited potential conflicts of interest in bowing out of cases bought by fisherman, charter operators, tourist services, and those wrongful death lawsuits brought by those killed in the Deepwater Horizon explosion rig in the Gulf of Mexico.

You can read more about the Gulf Coast oil spill updates on the American Association for Justice website.

In a letter to Boyd Haley, a retired Kentucky chemist who produced OSR #1, the U.S. Food and Drug Administration (“FDA”) warned that the product promoted to parents of children with autism is not a harmless dietary supplement as claimed. Rather, the FDA states that the product OSR #1 is a toxic unapproved drug that lacks adequate warnings about the product’s potential side effects. The product’s potential dangerous side effects include hair loss and abnormalities of the pancreas. The product liability letter from the FDA details five product violations of the Federal Food, Drug and Cosmetic Act and failing to correct such violations can result in fines, seizure of products, and even criminal prosecution.

In January, The Chicago Tribune reported that OSR #1 had originally been developed to treat mining wastewater and had not undergone rigorous testing to ensure its safety and effectiveness. The website for the product promotes it as a “toxicity free, lipid soluble antioxidant dietary supplement,” which one is able to order through an online pharmacy. The retired chemist reportedly told the Tribune in an interview that the product had been tested on rats and a safety study was conducted on 10 individuals. Contrary to the developer’s contentions, the FDA letter lists side effects recorded during the animal studies, including soiling of the anogenital area, alopecia on the lower trunk, back and legs, a dark substance on the lower truck and anogenital area, and abnormalities of the pancreas.

The Chicago product liability lawyers at Levin & Perconti are worried about the potential harmful effects of this product that has not been rigorously tested. Particularly concerning, the product has been promoted to parents with autistic children, who are anxious for any product that may safely help their children. OSR #1 has been promoted on websites such as Age of Autism, where the managing editor said that she had sprinkled the product on her daughters’ food and saw some nice “wows!”. For your safety, please be sure to check whether any products you use are FDA approved.

Click the link to read the Chicago Tribune OSR #1 product liability article.

Illinois Trial Lawyers Association (“ITLA”) President Todd A. Smith recently wrote a poignant letter to the editor that appeared in The (Springfield) State-Journal Register earlier this week. In the letter, Mr. Smith faced the facts that Illinois has serious issues as we are in the midst of a state budget crisis. Mr. Smith stated that the nation’s economy has been in the grips of one of history’s worst recessions. However, a spokesperson for an anti-consumer group, blames citizens exercising their right to seek justice.

Mr. Smith stated that anti-consumer groups rely on false claims, distorted facts, and worthless surveys. For example, they cite a recent “report” done by the Pacific Research Institute, which is released every other year and has been discredited as entirely bogus and having no methodology or academic basis for its results. The personal injury attorneys at Levin & Perconti agree that these reports are simply schemes by powerful corporations to escape culpability in the courtroom. You see, the Pacific Research Institute is funded by big business, tobacco, big oil, insurance and pharmaceutical companies. These corporate special interests are upset that they do not dominate the Illinois justice system, so they seek to take away your rights by trying to evade accountability in the Illinois civil courts. Mr. Smith implores you not to be fooled by these anti-consumer groups: there is no correlation between Illinois’s economy and the civil justice system.

The Chicago injury lawyers at Levin & Perconti applaud Todd Smith for addressing this pressing issue about corporate influence on the civil justice system. Further information about anti-consumer groups’ attempts at evading accountability in Illinois civil courts is available on the ITLA website.

Chicago news authorities reported that a fire in the Chicago Transit Authority (CTA) red line subway station caused many passengers to experience Chicago personal injuries Sunday after suffering smoke inhalation or respiratory problems. Nineteen terrified Chicago red line riders went to hospitals after a fire apparently caused by an electrical spark between two rails that ignited a greasy lubricant sprayed on train wheels. The train traveled through flames before making it to a Chicago platform, where passengers walked through dense smoke to exits leading to street level. But, by passing through the station, the train dragged the smoke further in the subway. Two people remained hospitalized with personal injuries as of Monday.

The Chicago Tribune reported that CTA officials yesterday blamed antiquated train technology and a perennial funding shortfall for the subway fire, but rail experts said relatively inexpensive fixes would greatly enhance safety and pay for themselves by significantly cutting rail-car repair costs. Investigators are examining video of the Chicago incident and are interviewing the crews operating three trains as well as riders to determine whether the CTA passengers got timely information and instructions in the emergency.

Although this fire resulted in several Chicago personal injuries, it could have been much more devastating. Ridership numbers from 2009 showed that the CTA had over 500 million rides throughout the year. The Chicago injury lawyers at Levin & Perconti hope the CTA fire victims a speedy recovery and hope that improvements are made to the public transit to prevent such problems in the future.

More information about the Chicago Transit Authority fire is available by clicking the link.

Early yesterday morning, three individuals received personal injuries in a Chicago car accident on the Dan Ryan expressway (“The Ryan”), which is Interstate Highway 90/94. Chicago Breaking News Center reported that the three Chicago car accident victims were all taken to area John H. Stroger Hospital of Cook County (“Stroger”). Stroger Hospital is located on the near west side at 1900 W. Polk Street. Initially, all were thought to be in critical condition, but one state trooper speaking at 3:00 a.m. reported that one was in critical condition. The car crash was a single-vehicle rollover crash and happened at about 1:00 in the morning on the northbound Dan Ryan at 63rd street.

The Chicago Sun-Times is reporting that the crash occurred when the vehicle apparently “tried to take the exit ramp too quickly.” Two of the injured individuals were ejected from the vehicle and one had to be extricated from the vehicle. An Illinois state police accident reconstruction specialist responded to the Chicago car accident scene. All of the northbound lanes of the Ryan were closed to traffic for nearly an hour following the crash, but traffic was moving as of 3:00 in the morning.

The deadliest risk facing occupants of SUVs, minivans, and trucks is a rollover car accident. According to the National Highway Traffic Safety Administration (NHTSA), more than 280,000 rollover accidents are reported yearly, claiming more than 10,000 lives annually. According to HowStuffWorks.com, rollover car accidents are directly related to a vehicle’s stability in turns, influenced by the relationship between the center of gravity and the track width. A vehicle is more likely to become unstable in fast turns or sharp changes of direction, which may have happened in the Chicago car accident.

More information about the Chicago car accident and the individuals' personal injuries is available by clicking the hyperlinks.

According to the Madison-St. Clair Record, Linda Cordes of St. Clair County claims her former physician failed to inform her of a mass on her kidney which she later discovered to be cancerous. Dr. Brad Ringhofer served as the primary care physician for Cordes from June 9, 2006, through August 31, 2009. During that time period Cordes underwent a CT scan of her abdomen and pelvis at Memorial Hospital. Ringhofer allegedly failed to inform Cordes of the results of the CT scan which revealed signs of a right rental cystic lesion. Additionally, Ringhofer allegedly failed to perform an ultrasound on Cordes for better evaluation.

On June 13, 2007, Cordes underwent another CT scan of her abdomen and pelvis and once again the scan recommended further evaluation but Ringhofer allegedly failed to take action. Cordes changed physicians and the new physician diagnosed her with renal cancer. On October 15, Cordes underwent a laparoscopic right radical nephrectomy and her kidney was removed.

Cordes alleges medical malpractice against Ringhofer stemming from his failure to inform her of test results and failure to order follow-up examinations. Cordes seeks a judgment of more than $75,000.

To learn more about the issues surrounding delayed diagnoses, follow this link.

Failure to treat a medical condition in a timely manner is a common medical malpractice claim. If a doctor or a healthcare provider delays either your diagnosis or your treatment, he or she is putting your health at serious risk. If you believe that your healthcare provider has committed a medical error by delaying your treatment, please consulting a Chicago medical malpractice attorney.

One individual received serious personal injuries in a pin-in car accident in the Loop on Tuesday afternoon. The accident happened during the lunchhour, shortly after noon near 10 West Jackson Boulevard. The individual who received personal injuries was taken from the scene in serious to critical condition to Northwestern Memorial Hospital.

Stay appraised of this Chicago automobile accident by clicking the link.

Pin-in accidents, like many car accidents, can be fatal. The Chicago injury lawyers at Levin & Perconti hope this victim recuperates fully from Tuesday’s accident. Just late last month, five Chicago people received serious personal injuries after a multi-vehicle pin-in accident that occurred on the Northwest Side of Chicago. That accident resulted in an “EMS Plan 1,” which automatically sends five ambulances to the scene of the accident. All of the victims were taken in serious to critical condition to two area hospitals, Advocate Illinois Masonic Medical Center and Advocate Lutheran General Hospital.

USFRA.org showcased this video demonstrating what the Chicago Fire Department does to extricate victims in pin-in automobile accidents. Our readers can watch the video below.

An Illinois motorcycle accident resulted in two people killed Sunday night in Elk Grove Village, a northwest suburb of Chicago. Chicago Tribune reported that based on the Elk Grove Village press release, Illinois police officers responded Sunday evening around 7:40 p.m. to a call of a crash of a black Harley Davidson traveling westbound on Higgins Road. The 31-year old motorcycle driver was pronounced dead at the scene; he was identified as a Schaumburg resident. According to the Cook County medical examiner’s office, the motorcycle accident victim died of multiple injuries. The driver’s girlfriend, a 32 year-old Schaumburg resident, also died of multiple personal injuries sustained in the Illinois motorcycle accident Sunday night. She was pronounced dead at local Alexian Brothers Medical Center. Police indicated that the cause of the deadly Illinois motorcycle accident is still under investigation.

The Illinois personal injury lawyers at Levin & Perconti are devastated to acknowledge that this is the second deadly Illinois motorcycle accident we have read about this month. Just last week, we told our readers about the deadly motorcycle accident near Oak Forest, Illinois on I-57. As we mentioned last week, more than 38,000 motorcyclists have died in single vehicle motorcycle crashes between 1975 and 1999. From 1990 to 1999, there were a total of 11,038 fatal single vehicle motorcycle crashes. In 2008, Chicago alone had 156 fatal Chicago car crashes. Click this link (the Illinois Department of Transportation’s website) to find out how many Illinois fatal car crashes were in your city and county in 2008.

More information about the deadly Illinois motorcycle accident is available here.

Tennehill v. Costello, No. 1-09-0868 (5-10-10) affirmed a case in which the plaintiff sued her neighbor for shoulder injuries sustained while helping neighbor walk to her car after Defendant had a medical emergency and insisted that Plaintiff drive her to the hospital rather than call ambulance. Rescue doctrine, which may be asserted by a rescuer to recover damages from a defendant who places herself in danger, is inapplicable as this Defendant did not place herself in a dangerous situation where she knew others might or could attempt to rescue her, but instead asked or insisted that Plaintiff drive her to hospital. Plaintiff failed to establish any duty of Defendant, and injury to Plaintiff was not foreseeable, thus summary judgment for Defendant properly granted. This Illinois case will impact personal injury law.

CNN.com is reporting that a possible medical product liability study published in a British medical journal found that certain blood pressure medications may be linked to an increased risk of cancer. While researchers cannot say the exact risk of cancer for each drug, they are calling for more research to be sure of the risks. The blood pressure drugs are called angiotensin-receptor blockers and they block the chemical angiotensin II from having any effect on the heart and blood vessels, which prevents blood pressure from going up. The study is especially worrisome because the drugs are often prescribed to individuals with hypertension (high blood pressure), heart failure or disease, and diabetes-related kidney disease.

One heart failure expert told CNN.com that these studies have found a 1.2 percent increased cancer risk for taking these high blood pressure drugs over a four year span. The current data suggests an overall 10 percent increase in the risk of cancer diagnosis in patients on these drugs compared to placebo. The study concluded that the risk for lung cancer was the highest, but the study authors could not explain why these drugs may be causing cancer. Some experts question the study – one expert stated that these data raise a question regarding the drugs and the risk of cancer. But, the data showed only non-small cell lung cancer was statistically increased and the extent of the increase was quite modest. He compared this study’s data to a “hint” rather than a “signal.” The experts recommend that any patients currently taking the drugs to continue taking the drugs and talk to their doctors about any concerns.

More information is available about the blood pressure drug interaction study on CNN.com.

Wilfong v. L.J. Dodd Construction, No. 2-09-0347 (5-27-10) affirmed that a a project manager on elementary school construction project, was injured when he fell while walking across ruts on muddy construction site, while talking on his cell phone about his work. Summary judgment properly granted, as ruts were open and obvious, given Plaintiff's testimony that tops of ruts were unstable and he was looking at ruts to determine his next step and was familiar with how to avoid ruts on jobsite. Distraction exception did not apply as distraction was solely within Plaintiff's own creation, because Plaintiff chose to continue walking on ruts while on his phone, and distraction was not reasonably foreseeable by Defendants. Court did not err in giving little or no weight to expert's statement offered with motion to reconsider, as no indication that statement was not available prior to summary judgment hearing. This case will impact premises liability in Illinois.

An Illinois motorcyclist died early Friday morning after he crashed on Interstate Highway 57 in the south suburbs near cities of Oak Forest and Country Club Hills, according to the Chicago Breaking News Center. Around 11:30 p.m. on Thursday evening, Illinois State Police responded to a motorcycle crash in the right hand southbound lane of I-57 north of I-80. The Cook County medical examiner’s office identified the victim as a 51 year-old Chebanse man, who was pronounced dead at St. James Hospital in Olympia Fields. The Illinois man was riding south when he attempted to pass a vehicle in a construction zone. The front motorcycle wheel left the pavement and a 3-inch drop in the pavement caused the Illinois man to lose control of the motorcycle and crash. The Illinois motorcycle accident victim was not wear a helmet at the time and struck his head on the pavement. Oak Forest paramedics transported him in critical condition to St. James. No other vehicles were involved.

It is always heart-wrenching to read about fatal motorcycle accidents, which seem to happen far too often. Single vehicle motorcycle crashes account for almost half of all motorcyclist fatalities. More than 38,000 motorcyclists have died in single vehicle motorcycle crashes between 1975 and 1999. According to one report, from 1990 through 1999, there were a total of 11,038 fatal single vehicle motorcycle crashes. During that same time period, there were an estimated 294,000 non-fatal single vehicle motorcycle crashes. Of those, an estimated 39,000 involved property damage only and 225,000 involved personal injuries.

More information about the motorcycle accident is available at Chicago Breaking News Center.

Chicago Breaking News Center reported that a 50 year-old Chicago man received personal injuries after coming into contact with the third rail at a Chicago Transit Authority (“CTA”) Blue Line station at Kedzie this afternoon at about 12:45 p.m. The Chicago train injury accident occurred on the northbound side of the tracks. The Chicago man was taken by the Chicago Fire Department paramedics to Cook County Stroger Hospital where he was listed in fair condition.

A third rail is a method of providing electric power to a railway train, through a continuous rigid conductor placed alongside or between the rails of a railway track. Third rail systems presents a serious hazard for individuals who may fall into the tracks. The risk should be minimized by using platform screen doors or ensuring that the conductor “third” rail is on the side of the track away from the platform. Third rail systems must be fully grade separated or must implement some kind of mechanism to effectively stop pedestrians from walking onto the tracks at grade crossings. In 1992, the Supreme Court of Illinois affirmed a $1.5 million personal injury verdict against the Chicago Transit Authority for failing to stop an intoxicated man from walking onto the tracks at a grade crossing and attempting to urinate on the third rail.

As you can see, third rails can be extremely dangerous. Chicago area residents need to be vigilant when using the Chicago Transit Authority rail lines and avoid contact with the “third rail” to prevent serious personal injuries.

To read more about the Illinois train accident injuries.

The Chicago injury lawyers are watching the heart-wrenching stories stemming from the BP oil spill in the Gulf that is devastating the environment, citizens, and animals. The New York Times is reporting now that BP shareholders are fleeing the company’s stock amid concerns about the ultimate bill for cleanup costs, injury lawsuits, fines, and damage to BP’s reputation. The stock is falling as the largest oil spill in America history continues to move on with uncertainty.

Last week, the United States Attorney General Eric H. Holder, Jr. announced that federal authorities have begun opening civil and criminal investigations into the Deepwater Horizon explosion. BP officials stated that they have already paid $36 million to settle claims of economic loss and damage under the Oil Pollution Act, the 1990 law that was initiated after the Exxon Valdez disaster. More than 26,000 economic loss claims have been submitted. The law caps some varieties of damages at $75 million, which is a source of obvious contention. A Democrat has drafted legislation to raise that cap. While BP continues to be a strong corporation, but BP could potentially turn into a takeover target if the stock slide continues. Additionally, the company has insisted that they are well prepared to spend more than $75 million and already have.

Clearly, injury lawyers are planning injury and every other type of lawsuit in federal and state courts alike, seeking justice for victims of personal injury, lost business, and environmental damage. Under tort law, the injury lawsuits are not limited or barred by the Oil Pollution Act.

Click the link to read the entire article about the injury lawsuits that BP will face.

A personal injury lawsuit settlement has been reached in one of the hundreds of personal injury lawsuits filed against Yamaha and its Rhino utility-terrain vehicle (UTV) for saety problems and product liability concerns. This is the first successful case against Yahama in connection to the UTV product liability problems. The injury victim in the settlement filed the injury lawsuit after sustaining a crushed left leg during a low-speed rollover event. The UTV was being operated at a low speed on a relatively flat and grassy area. The vehicle tipped during a right turn, falling onto the driver’s side, trapping the victim’s leg under the UTV. The injuries sustained were severe and permanent.

ATVs are all-terrain vehicles, vehicles that travel on low pressure tires with a seat that is straddled by the operator, along with handlebars for steering control. They were first introduced in the early 1970s and almost immediately resulted in alarming personal injury rates for adolescents and children. Statistics released by the Consumer Product Safety Commission show that in 2005, there were an estimated 136,700 personal injuries associated with ATVs treated in United States hospital emergency rooms. In 2004, 767 people died in ATV-associated incidents.

A UTV, on the other hand, is a “side by side” where 2 or 4 people can drive off-road. The majority of UTVs come with a roll over protection system. Many may also come equipped with hard tops, windshields, and even cab enclosures. However, the Consumer Product Safety Commission stated that the vehicle may exhibit inadequate lateral stability, undesirable steering characteristics, and inadequate occupant protection during a rollover crash. Between 2003 and 2009, 116 deaths occurred in UTV accidents.

CNN.com reported that NFL medical heads recently met to discuss brain injuries, which can seriously affect football players both short-term and long-term. Even without symptoms, neurologists warned at the meeting that blows to the head can be deceptively severe. One doctor at Johns Hopkins University stated that blows to the head “can lead to long-term consequences or later emergence of symptoms.” The doctor added that symptom severity is not a clear indicator of how badly the brain is injured.

The NFL has been accused in the past of minimizing evidence about the dangers of football concussions and blows to the head. One brain injury study showed that an average college football player endures nearly a thousand blows to the head during a season. Physicians opine that duress on the brain – such as over and over during a season – can accumulate over time. Some helmet technology allows for real-time monitoring of the impacts of hits to the head, which the Chicago brain injury attorneys at Levin & Perconti should be utilized. This is a serious problem – last year, CNN.com reported that dead athletes’ brains show serious damage from concussions.

During the meeting, four major topics were discussed, including (1) asymptomatic effects of blows to the head and their consequences, (2) head injuries and their relation to cognitive dementia, decline, and depression, (3) chronic traumatic encephalopathy, repeated head injury, and (4) how long it takes for the brain to recover after a significant hit. We hope that these topics remain on the forefront of NFL officials. In the meantime, players continue to take blows to the head and may be suffering long-term brain injuries.

Click the link to learn more about the brain injury meeting.

Charges have been brought against a Chicago doctor specializing in gynecology alleging sexual assault. Assistant Cook County State’s Attorney states that for almost eight years, police did not use DNA evidence in a case against a Chicago-area gynecologist who continued to practice gynecology despite multiple rape allegations made by patients. The Assistant Cook County State’s Attorney announced at a bond hearing that a rape examination of one of the alleged victims in 2002 turned up semen, but Chicago police did not request a DNA sample from the accused doctor.

The Assistant Cook County State’s Attorney announced that investigators recently finally secured a DNA sample from the accused doctor and the Illinois state crime lab determined that the accused doctor’s DNA profile matched the semen sample. The accused doctor was charged last week with sexual assault and turned himself into Chicago police. His defense attorney stated that the accused doctor plans to plead not guilty. The accused doctor has worked at several Chicago-area hospitals before moving his practice to Streator.

To read more about the alleged sexual assault by the Chicago gynecologist.