Illinois Injury Lawyer Blog

The National Consumer Voice for Quality Long-Term Care recently announced the results of its 2010 election at the 35th Annual Meeting and Conference. The new leadership elected to the Leadership Council included Chicago injury attorney Steven Levin of Levin & Perconti. The Leadership Council is responsible primarily for providing input on long-term care issues related to the National Consumer Voice for Quality Long-Term Care organization’s policy and programmatic agendas. The National Consumer Voice for Quality Long-Term Care is a 501(c)(3) nonprofit organization, originally founded as the National Citizens’ Coalition for Nursing Home Reform in 1975 by Elma Holder. The long-term care rights organization represents the consumer voice at the national level for quality long-term care, services, and supports. They work to advocate for public policies that support quality care and quality of life responsive to consumers’ needs in all long-term care settings. They also empower and educate consumers and families with the knowledge and tools they need to advocate for themselves. The National Consumer Voice for Quality Long-Term Care also trains and supports individuals and groups that empower and advocate for consumers of long-term care. Additionally, they promote the critical role of direct-care workers and best practices in quality-care delivery.

Continue reading "Steven Levin elected to the National Consumer Voice for Quality Long-Term Care Leadership Council" »

An Illinois hospital and physician have agreed to a $6.5 million present cash value settlement for a young girl who suffered a brain injury during birth. The brain injury resulted in debilitating cerebral palsy with mild to moderate mental retardation and occurred when the Illinois hospital physicians failed to timely perform a Cesarean section. The Illinois birth injury settlement was reached during mediation and was approved in the Circuit Court of Cook County. Cook County injury attorneys John J. Perconti and Patricia L. Gifford represented the injured child and her family.

More than ten years ago on September 26, 2000, Denice Cisneros of Chicago went to an Illinois hospital in labor after having a normal and uncomplicated pregnancy with her first child. During her pregnancy, Denice heeded her doctor’s advice and expected a normal delivery. During a prolonged second stage of labor, the family practitioner and labor and delivery nurse failed to determine the presentation of the baby’s head and failed to diagnose cephalic pelvic disproportion, a condition occurring when the baby’s head is too large to fit through the mother’s pelvis. The Illinois medical malpractice also involved the physician and nurse misreading fetal monitoring strips and giving Denice a medication used to induce labor though her contractions were adequate. Yet, despite a four hour second stage of labor, the baby did not descend. When an obstetrician consulted, he witnessed late and variable decelerations on the fetal monitoring strips, but did not order an emergency C-section.

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A company seller of housewares over the Internet has issued a product recall of 523,500 window blinds after a child was strangled by a pull-cord, the United States Consumer Product Safety Commission said. The product recall covers both Roman shades and roll-up blinds sold by Hanover Direct through its Domestications, Company Store and Company Kids brands. The Consumer Product Safety Commission Chairman told the window-covering industry yesterday that it needed to speed up efforts to write tougher design rules as the number of strangling deaths increase. This is an expansion of a previous product recall from October 2009 of about 90,000 roman shades.

The wider product recall comes after the death of a toddler who strangled in a window shade cord. The 22-month-old boy became trapped in the pull cord of a roman shade in May; he was found hanging by his neck and was rescued by his father. However, he later died at a hospital. The Consumer Product Safety Commission estimates that one child dies monthly after strangling on the cords of blinds or roman shades! While there have been product recalls for blinds and shades in the past several years, safety advocates say that fatality rates have not improved much and the process for companies to move to safer designs has been slow. The problem with the cords on the blinds is that young kids can get tangled and trapped in the cords, leading to personal injuries and wrongful deaths. Consumers can contact the company at 800-453-1106 or www.domestications.com and www.hanoverdirect.com for more information.

Read more about the product recall for the blinds by following the link.

Two of our Chicago injury attorneys, Steven Levin and Margaret Battersby, recently reached a $17.7 million settlement agreement with the UIC Medical Center and a nursing agency on behalf of a victim of medical malpractice.

In February of 2005 the victim was brought to the Neurosurgical Intensive Care unit at the University of Illinois Chicago Medical Center after suffering a stroke. The patient was a police officer whose stroke was believed to be caused by an injury inflicted while attempting to make an arrest. When the officer arrived at the hospital doctors inserted an EVD device into his body to drain excess fluid from his brain.

The malpractice occurred a little over a week later when nursing staff members were testing the drain to determine if it should be removed—a task known as an EVD challenge. During the testing process the staff failed to properly monitor the victim’s intracranial pressure. This is a well-known and vital monitoring process, because if the pressure levels get too high the patient could suffer permanent brain problems. In this case, the pressure reached dangerous levels, but the nursing staff failed to notify anyone of the problem. Over that night the problem caused the patient to suffer worsening neurological conditions, but the staff again failed to take any notice.

As a result of the failure to monitor the pressure and the change in condition the victim suffered a catastrophic brain injury. Specifically, the medical negligence led to a brain stem herniation. He now suffers from quadriplegia, cannot eat or speak, and communicates only through eye movements and head shaking.

The victim sued the hospital and nursing staff for their malpractice. This week on the eve of that trial the UIC Board finally approved settlement in the case—agreeing to pay $16.2 million. The nursing agency involved will pay an additional $1.5 million for its role in the tragic event. Now the family must wait for the Court to officially approve the settlement order in the coming weeks.

Continue reading "$16.2 Million Malpractice Settlement Approved By UIC Board" »

Recent reports have indicated that Tasers have resulted in personal injuries and even wrongful death. Now, two Taser personal injury lawsuits against police officers have been allowed to proceed, including one in the Midwest. One legal case against the Frederick County Sheriff’s Office that has been brought by the family of a 20 year-old Frederick man who died after being Tasered in 2007 has been allowed to proceed as a result of a federal appeals court ruling last week. The personal injury victim died in November 2007 after being Tasered two times by an officer as the victim was trying to break up a fight. This federal ruling comes two weeks after a 3-judge panel for the 4th Circuit heard arguments in the case from the wrongful death attorneys representing the victim’s family. The family is seeking $145 million in damages due to the victim’s wrongful death.

Additionally, a federal appeals court on Wednesday ruled that the parents of a 29 year-old man who passed away after being Tasered by police in 2006 can proceed with their wrongful death lawsuit against the officers, the village, and the town. The wrongful death victim died in July 2006 after police officers fired a Taser at him repeatedly when he was trespassing at a home under construction. The young man suffered from mental illness, was known to the police officers, and had been reported missing. These recent court decisions demonstrate how future Taser injury lawsuits will proceed.

Follow the hyperlink to read more about the Taser injury lawsuit rulings.

See our related blog post:
Tasered Illinois man files personal injury lawsuit.

The U.S. Health and Human Service’s Agency for Healthcare Research and Quality announced that it will be giving $34 million doctors to projects working to prevent healthcare-associated infections in long-term care facilities, hospitals, ambulatory care settings, and end-stage renal disease facilities. According to the Centers for Disease Control and Prevention, there are an estimated 2 million cases of healthcare-associated infections in hospitals every year. These result in nearly 100,000 deaths! The Agency for Healthcare Research and Quality is working with other agencies, such as the Centers for Medicare & Medicaid Services, the CDC, and the National Institutes of Health, to get a sense of where the funds will be best spent. The officials say that the growing body of research and information address how the infections are spread in hospitals, but the research is lacking in other settings such as ambulatory clinics and long-term care facilities like nursing homes.

Infections can occur in any health care setting, but the new projects are working to reduce infections in other settings and help patients feel confident that they are in safe hands. Infections in health care settings can result in medical malpractice lawsuits and nursing home neglect lawsuits.

Continue reading "$34 million awarded to nursing homes and other settings to fight healthcare associated infections" »

Product liability lawyers representing thousands of homeowners in a federal corrosive drywall case have dropped their opposition to a proposed settlement that Lowe’s Home Centers reached. The apparently turning point happened after a change in the settlement terms that increased the maximum payment from $4500 to $100,000. The lawyers criticized the original deal as paying too little to consumers and too much to the product liability lawsuits who negotiated it. And, when the change in the settlement terms increased, they quietly dropped their demand that it be blocked from th federal case. Instead, they got a judge to suspend all federal dry-wall related claims against the retailer while the settlement is in effect.

Thousands of homeowners in Florida and elsewhere have lodged complaints with states and federal agencies, primarily against drywall imported from China between 2001 and 2007. Thousands of product liability lawsuits have been filed over the product and have been consolidated into a single federal proceeding. The Chinese drywall has caused people significant personal injuries.

More information on the drywall settlement is available here.

See our related blog posts:
Drywall complaints reach 6300
Guidelines issued on problem drywall

The United States is planning to join the ranks of more than 30 countries that require cigarette packages to carry large graphic photographs depicting the consequences of smoking. Studies consistently show that these disturbing images are effective at exposing the health risks, discouraging individuals from starting to smoke, and getting current smokers to quit smoking. The FDA has proposed that cigarette packs be designed to shock, meaning that they will not just say “smoking can kill you.” And for anyone objecting the images are too graphic, the FDA’s answer was “good.” They want to make sure that every individual who picks up a pack of cigarettes is going to know exactly what the risk they are taking is. The images could start appearing in two years.

Cigarette manufacturers have been the subject of many product liability lawsuits. Some tobacco product liability claimants suffering from lung cancer have been quite successful in claiming compensation from manufacturers. But, claiming product liability compensation for heart disease caused by tobacco is considerably more difficult because heart disease is so common in the western world. Now, once graphic images are placed on cigarette packages, there will be a clear warning of what cigarettes will do to the user’s bodies and health. One who then receives those after using cigarettes that come in such clearly marked containers may be described as having “assumed the risk,” which is a defense in the law of torts and bars a plaintiff from recovery if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks.

Click on the hyperlink to read more about the new cigarette packing.

A recent article written by Gibson Vance, President of the American Association for Justice, in the Huffington Post addressed the possibilities that consumers may face if Supreme Court decides in favor of AT&T in AT&T Mobility v. Concepcion. An eample posed by Mr. Vance put the readers in a familiar situation – say a wireless company promises you a free phone and you go for it, but then get charged an undisclosed $30. One would think that is not free, right? But, would you really go to court to sue AT&T for that $30? Probably not. But when you think about everyone who is getting cheated out of that $30, it probably adds up to hundreds of millions of dollars each year that the company is making in unlawful gains due to its tricky advertising. There must be some way to hold the corporation accountable, right?

Well, an upcoming Supreme Court decision will determine what people can do when situations like the above arises. The Supreme Court recently heard oral arguments for AT&T Mobility v. Concepcion and if it rules in favor of AT&T, corporations will be allowed to use abusive, take-it or leave-it forced arbitration clauses as a tool to wipe out class action lawsuits. These are the types of clauses that corporations insert into their contracts stating that all disputes will be resolved in forced, binding arbitration, on the corporation’s terms, and not in court. The implications for worker and consumer rights – including situations of product liability – are huge. The Arbitration Fairness Act of 2009, which was introduced in both the House and the Senate, would ban forced arbitration in employment, consumer, franchise, and civil right disputes. If the Supreme Court rules against the consumers, it will be up to Congress to make it right.

Follow the link to the Huffington Post to learn more about the SCOTUS decision on forced arbitration.

See our related posts:
Saying goodbye to forced arbitration?
Uniform Arbitration Act

As our readers are aware, DePuy Orthopedics issued a product recall for two of its metal-on-metal hip implant devices due to a device malfunction causing a high rate of revision surgeries and metal debris from the devices’ components spreading throughout a patient’s body. Studies confirm that any individual who has received one of these hip replacements have a potential DePuy hip replacement lawsuit against DePuy. In an effort to limit DePuy’s exposure and figure out how many potential product liability claims exist, DePuy has encouraged patients to sign consent forms, which provide DePuy the opportunity to obtain valuable information about that individual patient’s case before a product liability lawsuit is filed. In many situations, DePuy has actually sent form letters to the orthopedic physicians who have performed the surgeries in order for the doctors to send the letter to their patients.

The form letters sent to patients who received DePuy hip implants request patients to contact DePuy in order to obtain a claim number and consent form for patients to sign. In some particular instances, the treating surgeon has ‘required’ their patients to contact DePuy in order to get a claim number before the surgeon agrees to see their patient for a follow-up appointment. However, patients must be aware that if they sign this consent form and subsequently decide to purse a product liability lawsuit against DePuy, they may have negatively affected their claims. However, they can revoke their consent at any time by notifying in writing the person or organization that provided the consent form. DePuy is working with Broadspire to obtain consent forms, but these provide little in return and should be avoided.

See our related blog posts:

Important Information for DePuy Hip Implant Patients

Illinois Supreme Court Justice Thomas Kilbride was recently retained after a heavy corporate press to vote “no” during Justice Kilbride’s election for retention. The judge’s only “sin” was siding with the Illinois court’s majority in striking down an unconstitutional “cap” on compensation for victims of Illinois medical malpractice. That one act against the so-called “tort reform” advocates provided the impetus for an onslaught of sleazy, inaccurate “anti-crime” ads run against him funded by state and national corporate-backed tort reform groups. The Chicago Tribune reported that Justice Kilbride was portrayed as soft on crime in visceral radio ads that featured actors portraying rapists and murderers. The campaign may have had an opposite effect – it prompted a backlash from other judges, lawyers, and legal scholars who pointed out Kilbride’s opinions were based on legal procedures and points of law. Justice Kilbride was endorsed by the Illinois State Fraternal Order of Police and the Illinois and National Rifle Associations. The Illinois State Bar condemned the attacks on Justice Kilbride.

The campaign focused on what Justice Kilbride referred to as “gross distortions” of his judicial record. The focused and acknowledged aim of the “Illinois Civil Justice League” was to dump ajudge that they saw as unwilling to stop large jury medical malpractice lawsuit and Illinois negligence lawsuit awards given to plaintiffs. Justice Kilbride was retained; the negative attacks were unsuccessful. This will not stop the “Illinois Civil Justice League.” The League president announced that they will continue to try and unseat judges they view as opposed to jury award limits.

Follow the link to thepoptort.com to read more about the failed attempt to unseat Illinois Supreme Court Justice Thomas Kilbride.

A recent article highlighted the damages that Notre Dame may face in negligence lawsuits flowing the tragic death of student Declan Sullivan. The 20 year-old Notre Dame victim passed away while he was videotaping the football practice during 50-mph winds when the lift he was standing on collapsed to the ground. Chillingly, the victim’s “tweets” prior to his untimely death conveyed his awareness and concern about the horrific weather and dangerous situation he was about to enter. It remains to be seen whether the 20 year-old victim’s death was an unfortunate accident or a wrongful death for which Notre Dame is liable.

A wrongful death is one that is caused by the negligence or misconduct of an individual or company. The Chicago injury lawyers at Levin & Perconti have pursued wrongful death lawsuits on behalf of the families of victims of car accidents, medical malpractice, and nursing home abuse. Most recently, Chicago injury attorney at Levin & Perconti achieved a 6.5 million Illinois trucking accident lawsuit settlement on behalf of a victim’s loved ones.

In order to determine if the University of Notre Dame is liable for the wrongful death of the young victim, one has to figure out if Notre Dame officials acted negligently in allowing the young man to continue his videography of the football practice during 50-mph winds. If the legal system ultimately concludes that the school’s negligence was largely at fault for the young man’s untimely death, the next step would be to determine compensatory or punitive damages.

To read more legal analysis on the potential wrongful death liability that Notre Dame may face, please follow the link.

Our Chicago personal injury lawyers are very familiar with the faulty DePuy hip implants and found it interesting to learn that the first DePuy hip implant lawsuit was filed in Hawaii this week. A 51 year-old woman has filed a DePuy product liability lawsuit over problems she is having with the recalled DePuy implant. The woman had surgery in August 2009 to replace her left hip; she started feeling pain only three months later.

According to the product liability plaintiff, the hip implant hurt significantly, causing her to be unable to stand or sit up on a chair without pain. She added that she required medication in order to sleep at night. As our readers are aware, DePuy issued a preoduct recall for their hip implant in August of this year. The DePuy hip replacement lawsuit plaintiff is having replacement surgery next month to replace the recalled implant.

The product was recalled after data showed that an outstanding 1 in 8 patients who received the implants needed corrective surgeries within five years. The devices were expected to last 15 years before needing correction or replacement. Almost 100,000 patients worldwide have received the faulty recalled implant. The hip implant is not durable because the metal ball-and-socket joint wears prematurely, creating debris that can cause damage to the surrounding bone and tissue.

Click the link to read more about the DePuy hip implant lawsuit.

Recent reports from the National Safety Council estimate that 200,000 crashes yearly are caused by drivers who are texting while driving. Further, a recent study conducted by Car and Driver Magazine concluded that texting and driving was more hazardous than drinking and driving – with texting drivers having three to four times slower in their response rates than drivers under the influence! More than ever, Americans are using their cell phones to conduct business while driving – receiving and sending documents, e-mailing, text messaging, even researching! But, this convenience and always “on the clock” mentality comes with a price to all business owners – distracted drivers who hurt or cause the wrongful death of another expose their employer to possible personal injury liabilities for their mistake.

One example of such a liability came in 2004 when one law firm ultimately settled a wrongful death lawsuit with the family of a teenage victim who was killed while a Virginia attorney/driver was using her cell phone to conduct firm business. Employers may be liable for personal injury damages under the following theories of liability. First, respondeat superior holds that employees driving to and from work, to and from lunch, and otherwise not engaged in traditional business-related activities was not acting in the course of business. But, as addressed above the scope of “course of business” is changing drastically with the increased availability and use of cell phones. Second, direct negligence comes into play because an employer has a duty to exercise reasonable care for the safety of the public whenever its employees are acting within the course and scope of their employments.

Read more about the cost of unsafe driving to employers at Miami Herald.