Illinois Injury Lawyer Blog

The United States Supreme Court has decided that federal regulations allow product safety lawsuits over seat belts. A recent update from the Illinois Trial Lawyers Association addressed the recent decision by the U.S. Supreme Court. The Supreme Court ruled that federal regulations setting vehicle safety standards do not bar lawsuits seeking damages from automakers for installing lap-only belts. The unanimous ruling regarding a California product liability lawsuit against automaker Mazda Motor Corp. after a 2002 fatal auto collision involving a 1993 Mazda minivan. The wrongful death lawsuit involved the death of a passenger sitting in a rear seat and wearing a lap-only seat belt. The wrongful death lawsuit claimed that the minivan was defectively designed because it was lacking a lap and shoulder seat belt for the rear seat.

In response, the auto maker replied that it complied with safety regulations in effect at the time. A state appellate court ruled that the product liability lawsuit could not proceed, but the Supreme Court overturned that ruling. Justice Breyer, writing for the Court, stated that the federal safety regulation did not pre-empt state tort lawsuits claiming that the auto manufacturers should have installed lap and shoulder belts, instead of lap-only belts, on rear inner seats.

Continue reading "Supreme Court allows product safety lawsuit over seat belts" »

The Illinois Trial Lawyers Association just pointed out that a little-noticed provision in the food safety law signed by President Barack Obama protects food industry workers who become whistle-blowers against retaliation from their employers. The food safety overhaul came on the heels of numerous product recalls of unsafe foods, including salmonella in eggs and peanuts and E. coli in spinach and other leafy greens. One provision in the law protects workers at food companies regulated by the FDA from being demoted, fired, or denied promotions or raises if they “whistle-blow”/speak up about what they think are violations at the company. The FDA regulates most foods, except for meat and poultry products, food additives, infant formulas, dietary supplements, human drugs, vaccines, medical devices, electronic products, cosmetics, feed, drugs, and tobacco products. The new law protects workers if they reasonable believe an action violates the food safety act and for objecting to performing work that they reasonably believe is illegal. The Department of Labor and federal courts can reinstate fired employees and award back pay, interest, attorneys’ fees and other damage. The law only covers food businesses regulated by the Food and Drug Administration (FDA). Workers who are regulated by the US Department of Agriculture, such as those in the meatpacking industries, are not protected by this provision.

Our Chicago injury lawyers represent plaintiffs in the Chicago or greater Illinois area in food safety and product liability lawsuits against manufacturers or corporations who sold or manufactured unsafe products to consumers. “Products” include a wide range of categories, including food.

Read our related posts:

Protect your household against salmonella poisoning.

Passage of Food Safety bill urged.

As we have often mentioned on this blog, tort reform legislation (both at the state and federal levels) is an unnecessary intrusion into the Constitutional powers and rights given to the American people. The efforts to limit the ability of injured victims to seek fairness in the legal system is often nothing more than a power grab by big interests who seek to insulate themselves from the costs of injuring others in their quest for profits.

We have also pointed out that the traditional political subdivisions of conservatives and liberals are inadequate to understand the unique political dynamics at play in the lawsuit reform debacle. The truth remains that all those committed to preserving the balance of power and individual rights guaranteed by our Constitutional founders should stand arm-in-arm against the misguided efforts of those advocating tort reform.

It should therefore come as no surprise that a prominent conservative politician is stepping out in a southern state to oppose these dangerous proposals. Former Republican Presidential candidate Fred Thompson testified at a state house subcommittee hearing against a state tort reform proposal, according to Knox News.

The former U.S. senator explained that the “problems” sought to be fixed by these proposals are always grossly exaggerated. He likened the legislation to “killing a mouse with a bazooka.” Additionally, he stressed that the focus should be on limiting the egregious examples of death and injury caused by negligence—not tying the hands of those injured.

To make the point, Thompson spoke about various examples of tragic negligence. He mentioned a medical malpractice lawsuit filed after a girl died after being given five times the normal dose of drugs for a tonsil removal. The victim’s rights advocate also spoke about a truck accident lawsuit involving a mother and daughter who were burned to death after the semi crashed into their parked car. Stories of horrific nursing home abuse could also be added to the list of activities that need to be more prominently understood and prevented, instead of silenced.

Continue reading "Conservative Politician Comes Out Against Unnecessary, Dangerous Tort Reform Law" »

The Skokie Review published information on a two-vehicle Chicago car accident that left a man dead. The Illinois car crash struck last week around 10pm on Salem Lane, near Golf Road.

Investigations are ongoing. However authorities currently believe that a vehicle was traveling westbound on Golf Road in the center lane. For reasons yet unknown, the vehicle crossed the double yellow line and entered the eastbound traffic lanes. The errant car eventually smashed head-on into another vehicle.

Both cars suffered extensive damage in the crash, with one man requiring nearly 20 minutes to be extricated from the wreckage. That man was rushed to a local hospital, but he did not survive the accident.

Unfortunately accidents of this type occur with startling frequency on our roadways. It is for that reason that the law allows for wrongful death lawsuits. These are legal actions brought by the surviving family members of the victim. They seek to provide redress for their suffering and hold the negligent driver accountable for their conduct.

Continue reading "Skokie Car Crash Kills Chicago Man" »

The Chicago Tribune reported this weekend on troubling news about the lack of action taken against Illinois nursing home officials. New information has surfaced which indicates that those regulators charged with preventing Illinois nursing home abuse knew of trouble at a series of facilities run by the Graywood Foundation but failed to act quickly.

Specifically, 2009 memo written by a nursing home investigator listed conditions at the homes for the developmentally disabled as “totally unacceptable.” It was a year earlier that a resident was ruthlessly killed after being assaulted by staff members at the facility. The murder at the home obviously drew intense state scrutiny; however, little was done to actually ensure that no future problems arose at the homes.

In fact, resident families were never told about those problems—the death was only one of nearly 20 other allegations of abuse and neglect. The inaction meant that it was only a matter of time before another resident suffered a similar fate. That repeat occurred in January of this year when a 42-year old resident was killed at the facility following an assault by staff members. The victim’s ribs were shattered in thirteen places during the attack, causing his lungs to fill with fluid, leading to his death.

The beating, which lasted 45 minutes, was apparently a punishment for the developmentally disabled man stealing food. Other reports indicate that another common punishment at the home was for residents to be forced to hold their arms out as heavy books were placed in their hands.

Two employees at the facility have been charged with first-degree murder for the latest death. Following that action, the family of the victim filed an Illinois wrongful death lawsuit against Graywood.

Continue reading "Officials Knew of Illinois Nursing Home Abuse At Graywood Homes" »

Stories of hardship and suffering of those who were given defective DePuy hips implants continue to be heard across the country. The State Journal-Register recently shared the story of one Illinois hip recall victim whose life has been turned upside down by the medical device problem.

The 58 year old construction worker loves horseback riding and water skiing. However, it’s unclear whether he will ever be able to do those things again. His problems began last year when the Illinois victim had hip revision surgery in early March. Later that year he had blood tests performed which indicated dangerous levels of chromium in his bloodstream.

The metal particles had entered his body from the DePuy hip implant that he had gotten the previous March. The metal-on-metal device has since been discovered to have caused dangerous complications in thousands of patients who received the product.

The Illinois victim ultimately required a second hip implant operation—a dangerous revision surgery that itself poses complication risks. He is now unable to put any weight on that side of his body. The man hopes to attend therapy, but he must wait a few more weeks before further medical tests are taken to understand the best way to begin therapy.

The DePuy hip implants problem was uncovered last year, prompting the official recall in August of 2010. However, complaints about the devices go back to 2005. Nearly 100,000 patients received the specific metal-on-metal implant in question in the six years it was used. At least 12,000 of those patients will likely face severe complications as the device fails, requiring corrective surgery. Many of those patients may not be aware of their risk.

The failure of the devices caused metallic particles to be released in patient bodies. The particles then may enter the bloodstream ultimately risking a range of problems from deafness and dementia to heart failure. The consequences cannot be overstated.

Continue reading "Defective DePuy Hip Implants Continue to Affect Illinois Victims" »

Understanding the importance of the Illinois nursing home case Vincent v. Alden-Park Strathmoor, Inc first requires knowing the type of issue involved in the case.

All lawsuits involve two types of questions that a judge or jury is must answer. The first kind is known as a “question of fact” –what actually happened in a certain case? The second is known as a “question of law” –what rules apply to whatever happened in that case?

For example, a nursing home abuse case may have a question of fact like “Did the staff member actually treat the resident’s pressure sore wound in the proper manner?” Medical records, witness testimony, and other evidence would be examined to help answer that question. The same case may have a question of law such as “Can the nursing home company be held responsible for the negligence of the individual staff member?” In essentially all cases, the courts have answered the question in the affirmative.

Juries are only asked to answer the questions of fact. Judges (both at the trial and appellate levels) are the ones who must decide questions of law.

An important distinction is that questions of fact only apply to a single case, whereas questions of law may have implications for many different cases. The scope of the legal holding depends on the level of judge who reached the decision. For example, Illinois has three general levels of courts: circuit courts, appellate courts, and the Supreme Court. The state is divided into 5 different appellate courts, and so the ruling of one of those courts only applies in that part of the state. However, a decision by the Illinois Supreme Court applies in the entire state.

The legal issue in the Vincent case was recently heard by the Supreme Court, which means that whatever rule the court decides upon will apply to every single case that is brought in Illinois in the future. In that way it is critically important for all those who care about the rights of nursing home families to step up and seek a proper ruling on this question of law.

The analysis of this Illinois nursing home lawsuit will continue with a closer look at the specific question of law related to types of damages that the Illinois Supreme Court is considering.

Continue reading "Important Illinois Nursing Home Lawsuit Analysis: Questions of Law vs. Questions of Fact" »

A local boy – only five years old – and his mother received critical personal injuries in a Chicago fire that started in the boy’s home on the South Side of the city of Chicago in the West Englewood neighborhood. The child was rescued by Chicago firefighters and taken to Comer Children’s Hospital with severe burns and smoke inhalation. He is in critical condition and was transferred to the University of Chicago Medical Center’s burn unit. His mother’s condition has since stabilized. A Chicago police officer was also treated for smoke inhalation injuries. The family reported that they had no idea what started the fire.

Burn injuries always make Chicago injury lawyers question what could have been done to prevent the injuries. According to the American Burn Association, 1.1 million burn injuries require medical attention yearly. Seriously burned patients, like the Chicago child, often need expert medical attention to deal with the long-term physical and psychological affects of their burn injuries. Our Chicago burn injury lawyers understand that goals after such injuries are to make sure that the suffering is not exacerbated by lost wages or unpaid medical bills. We have successfully handled numerous burn injury cases and recovered millions of dollars in verdicts and settlements for our clients, including a $2.3 million settlement for a family whose two young children suffered severe burns and whose third child was killed in a fire that broke out in a Chicago Housing Authority building.

Read more about the child victim's Chicago burn injuries at Chicago Tribune.

CBS Local is reporting that the Illinois Department of Human Services (“DHS”) is finally moving residents from Graywood Foundation, a state-licensed group home in Charleston, Illinois, and working towards shutting down the facility. As Rich Miller of Capitol Fax says, this action is too late for the victims of Graywood. DHS has awarded this facility nearly $30 million in taxpayer dollars since 2001, despite allegations of Illinois wrongful death at the group home.

Dating back to 2003, state records revealed that there was 33 incidents of Graywood staff members abusing residential home residents. In one tragic instance, a forty-two year old Joliet man suffered a fatal beating. He was referred to as a gentle giant and functioned at the level of a 6 year-old. He was punched, kicked, and struck with a frying pan at his group home for reportedly taking a cookie. Two staff members at the group home have been charged in the brutal beating that led to the Illinois wrongful death. The other cases include sexual abuse, physical battery, and alleged coercion of residents to attack each other. In 2008, a resident was murdered by staff. The murder prompted an internal memo from the DHS Inspector General, warning that Graywood residents were at risk amid an increase of serious allegations of abuse and neglect.

DHS has revoked Graywood’s contract and is in the process of shutting down the home. A state lawmaker is calling for a criminal investigation into the facility and is working on legislation to protect residents of these facilities. Tragically, how many vulnerable Illinois citizens have been hurt while waiting for the government to step up and protect our state’s most vulnerable?

Visit CBS Local to read more about the tragic Illinois wrongful deaths. You can also read more about the Illinois group home abuse at CapitolFax.com.

The Madison-St. Clair Record reported last week on a medical malpractice lawsuit that was filed on behalf of a woman who died following questionable treatment by several doctors at two hospitals—St. Elizabeth’s Hospital of the Hospital Sisters of the Third Order of St. Francis and Belleville Family Medical Associates.

According to the details of the wrongful death lawsuit, the victim arrived at St. Francis in February of 2009 with severe neck pain. The victim had a history of diabetes and renal failure, but the doctor who saw her discharged her shortly after her arrival. Several days later the victim was back at the hospital after calling an ambulance with a string of problems including full body pain, abnormal vital signs, hyperventilation, and an inability to take fluids. She was also quickly discharged after this second visit.

The same day that she was discharged the woman visited her primary care physician at Belleville—however, she merely prescribed her pain medicine and sent her away. The next day the victim had received no improvement and went back to the hospital. It was only then that doctors discovered that she was suffering from pneumonia. The condition interfered with her oxygen flow—providing insufficient oxygen to her brain. She soon suffered an anoxic brain injury, sending her into a vegetative state.

The woman was placed on hospice care and died shortly after.

The grieving husband eventually filed this brain injury lawsuit against the negligent medical professionals who failed to take appropriate action after the repeated attempts by the women to explain her serious symptoms. Specifically, the suit cites the facility’s failure to notice the significance of the symptoms, run appropriate tests, and adequately diagnose her condition.

Continue reading "Wrongful Death Lawsuit Filed After Illinois-Area Medical Injury" »

Unfortunately, more sad news came for many Chicago families today. The Southtown Star reported that far more human remains were dumped in what was supposed to be an unused corner of Burr Oak Cemetery than were found previously during the Cook county criminal investigation two years ago. The Cook County Sheriff’s office announced the report on Monday the tragic news based on an archeological survey. “Crime Scene A” had been targeted as a place for new burials because it was believed to be the only part of the cemetery where bodies had not been buried. However, archeologists found layers of human remains and coffin pieces buried as deep as 8 feet below the surface. Some of the coffin pieces were charred. Cook County Sheriff Tom Dart announced that the archeological findings support his view that there should be no new burials in the two areas of Burr Oak identified as crime scenes in 2009. Sheriff Dart explained that he walked around the area and found bones everywhere.

Continue reading "More human remains found at Burr Oak cemetery" »

Chicago personal injury lawyers have noted recent articles on Illinois medical malpractice involving physicians accused of sexual abuse. Now, Illinois legislation if passed would require health care workers convicted of sex crimes and forcible felonies to automatically and permanently lose their medical licenses, revealing significant support in Springfield for major medical disciplinary reform. Victims advocates and medical regulators have pushed Illinois lawmakers to introduce a new round of measures to stop sex-offending doctors through sweeping reforms. The proposed measures would mandate criminal background checks of physicians and a far greater number of medical investigators.

A previously sponsored bill would have allowed medical regulators to retain discretion in disciplining health care workers convicted of sex crimes. Unlike the current proposed legislation, the prior legislation would not have automatically revoked the licenses of medical practitioners. Under the new legislation, a sex crime or forcible felony conviction would automatically trigger a revocation of license without input from regulators. No person required to register on the Illinois sex offender registry would be eligible to receive an Illinois medical license. The bill would also require that health care workers charged with such crimes to have chaperone present when seeing patients while their criminal cases are pending.

Earlier this year, a Chicago-Area psychologist was reported to sexually assault his patient. The abuse of power exhibited by professionals in positions of influence is always sad and shocking. Our Chicago medical malpractice lawyers understand the vulnerability of patients in a variety of settings, both at hospitals and mental health facilities. It is simply unacceptable for any professional to use their position of influence to appease their own personal desires.

Follow the link to the Chicago Tribune to read more about the Illinois legislation.

Read our other posts on this subject.

Chicago-area psychologist sexually assaults patient.

Doctor sexual misconduct needs to be explained to Illinois patients.

Earlier this month, the FDA ordered a product recall of nearly 500 prescription medications used for treating colds, coughs, and allergies from the United States market. The reason, according to the Food and Drug Administration (FDA), is that the drugs contain ingredients that have not been approved by federal regulators. These products had not been formally evaluated by federal regulators and is being referred to as the latest in a series of actions by the FDA to stop the sale of products sold without government authorization. The FDA stated that the agency was unsure if the drugs were safe or effective and believe that their existence on the market poses an untenable risk to US consumers. Hence, removing these unapproved products will reduce potential risks to consumers.

The unapproved drugs have been linked to some minor problems, such as drowsiness and irritability. However, the agency is concerned that medical problems associated with the drugs may be significantly underreported. Some of the products are labeled as suitable for children, but contain ingredients covered by a 2008 FDA advisory that warned against over-the-counter medications in children under the age of 2. Some of the drugs combine two varieties of the same ingredient that could cause excessive drowsiness. Agency officials do not know how many patients are taking the drugs that would be removed from the market. Over-the-counter medications, which are used more frequently than prescription drugs, are not affected by the FDA’s order. Many questioned whether physicians were aware that they prescribed a drug that was never approved by the FDA.

Visit the New York Times to read more about the FDA cold drug product recall.

CBS News Chicago shared the details of a tragic Chicago work injury this week that occurred in suburban Melrose Park.

According to published reports, safety officials are probing the death of an employee at a recycling facility following a forklift accident. The 34-year old victim was an employee of JKS Ventures and was working on Monday morning. Details on the specific cause of the accident are undetermined. However, it appears that the man became pinned between a forklift and a semi-tractor trailer. He was rushed to a local hospital, but doctors were unable to stabilize him before he succumbed to his injuries. His death was ultimately ruled a result of compression asphyxia.

Unfortunately the death is not the first workplace loss for the company—an employee died in 2007 at the facility. The company has previously been cited for unsafe work conditions. Some of those previous citations involved forklift concerns. In total, authorities have sanctioned JKS on three separate incidents. The 2007 death involved a worker who fell 23 feet off machinery that he was greasing. That incident led to 21 citations being issued. Two more citations were issued the following year.

These workplace fatalities often result in Chicago wrongful death lawsuits. The law provides legal options to the families of those who die because of inadequate work safety conditions, dangerous truck driving, or any other negligent act. It is important for those who lose a loved one to come forward and assert their legal rights.

Continue reading "Possible Chicago Injury Lawsuit Following Questionable Forklift Death" »

Many residents enter nursing homes specifically needing 24-hour, around the clock care. For these vulnerable seniors, the only way that they can ensure that professional help is available at a moment’s notice is to move into the facility and live surrounded by those paid to provide that intense care. Unfortunately, far too many seniors enter negligent nursing homes and do not receive the level of care to which they are entitled. That negligence leads to unnecessary suffering and death.

For example, an Illinois wrongful death lawsuit was recently filed by the family of a victim who died because of inadequate care at the Rosewood Care Center of Swansea. According to the suit, the victim died after a blood clot went untreated by the facility. The clot traveled to her lungs—known as a pulmonary embolism—which led to her death.

The victim’s family pursued the Illinois nursing home lawsuit specifically because they believe their loved one did not have proper supervision at the facility and consequently was not given the necessary medical treatment which could have saved her life. The nursing home resident was supposed to have 24-hour a day care, but they failed in this regard.

Continue reading "Illinois Injury Lawsuit Filed Against Rosewood Care Center" »

The 7th Amendment Advocate blog remains a good source of comprehensive, clear-sighted analysis of the tort reform debate. Last week a new post outlined the details of the latest misguided legislation aimed at taking away the rights of negligence victims.

The bill known as H.R. 966—or the Lawsuit Abuse Reduction Act (LARA)—essentially attempts to toughen rules of federal Civil Procedure, which would create disincentives to filing an Illinois injury lawsuit and add judicial sanctions on attorneys. The basics of the bill are similar to legislation that passed the U.S. House in 2005 but failed to be accepted by the Senate.

More specifically, LARA has three major elements. The first involves making judicial sanctions on attorneys mandatory rather than discretionary. Second, judicial sanctions would be deemed a “main objective” of the rule instead of mere deterrence. Finally, the bill would remove the “safe harbor” provision of the current rules, which allows an attorney the possibility of withdrawing a suit without exposure to sanctions. All of these measures are essentially an attempt to “scare” lawyers from brining certain cases forward for consideration.

The logical reasons to oppose the legislation remain potent. As with all tort reform bills, the law is an unwarranted intrusion into the civil justice system; it would only further chip away at the rights given to the judicial branch in our split governmental system. It is clear that the nation’s Founders intended the courtroom to be a fair, separate sphere of justice immune for overreach by the legislative branch.

Perhaps most disturbingly, the rule changes regarding lawyer sanctions would likely have the effect of squelching certain types of meritorious claims. Those include expected categories, like Illinois personal injury lawsuits. But the problematic effects are actually seen most notably in lawsuits alleging infringement of religious liberty. Statistics indicate that there has been a clear decrease in the number of suits brought forward to uphold the rights of citizen’s religious freedom when changes like these are enacted.

Continue reading "Latest Tort Reform Bill Infringes on Judicial & Religious Liberty" »

In 2006, a 51 year-old woman who had trusted two of her local health care facilities passed away from something preventable! The woman, who had cerebral palsy, died from multiple infected pressure ulcers on different parts of her body. The wrongful death victim was being provided weekly medical treatment from Hutcheson and round-the-clock care from Country Crossing Assisted Living. Nonetheless, she suffered such significant pressure ulcers that they ultimately caused her death. The wrongful death lawsuit alleged that the health care facilities were only treating one of the victim’s pressure ulcers.

Our Chicago wrongful death lawyers recognize that most pressure ulcers are preventable. The health care industry has developed ways to reduce and prevent pressure ulcer development by assessing those individuals who are at-risk for developing pressure ulcers and treating them accordingly.

In the wrongful death lawsuit following the 51 year-old woman’s death due to pressure ulcers, the jury found the owner of Country Crossing Assisted Living and Hutcheson liable in the wrongful death after a week-long trial. The jury awarded $4 million dollars to the victim’s family for pain and suffering and a $5.5 million dollar award for the wrongful death lawsuit. The jury also awarded $2,683.00 in funeral expenses.

Visit the Atlanta Journal-Constitution to read more about the wrongful death verdict.

The family of a severely injured father and son has filed an Illinois personal injury lawsuit against a negligent trucking company and driver, according to reports by the Journal Standard.

The truck crash occurred early last month in Stephenson County on Illinois Route 75. The father and son were traveling along Illinois Route 75 near Farm School Road when a semi-trailer owned by Schneider National Carriers was headed in the opposite direction on the same road. According to the suit, the truck driver was traveling far too fast for the snowy and icy weather conditions. The driver was unable to control the large machine. The semi-trailer ended up crossing the double-yellow line, jack-knifing, and slamming into the vehicle carrying the father and son.

The injuries following the Illinois truck crash were substantial. Both victims were rushed to a local hospital. The father’s injuries were particularly severe—he suffered significant brain trauma. A month and a half later he has only recently been released from intensive care, has undergone extensive surgeries, and is hoping to begin rehabilitation work. Needless to say, the medical bills have been significant and are mounting.

The company has acknowledged their role in the injury, explaining “we recognize our responsibilities in this accident…we hope to be able to work with the family through their representatives to appropriately further assist them.”

Continue reading "Illinois Injury Lawsuit Filed By Family After Truck Crash" »

An article in the Huffington Post last week emphasized a principle that we have discussed often on this blog: the effect tort reform will have on limiting valid Illinois injury lawsuits. The story attempted to provide context to the often misleading claims made by proponents of reform.

One tactic used to distort the effect of these reform efforts is to mention large verdicts reached by juries in a few isolated cases that seem unfair out of context. For example, the most high-profile case mentioned is that of the elderly McDonald’s customer who was awarded $3 million following horrific burns she suffered when an employee spilled boiling coffee into her lap. The award was deemed by some as a sign of “what was wrong” with the American civil justice system.

However, a closer look at that particular case provides a more appropriate filter though which to examine the personal injury lawsuit. The 82-year old victim’s burns were only inches from her private area, ultimately requiring a variety of skin grafts. She was certainly not the only person harmed by McDonalds in this way. Over 700 people had already made formal complaints to the company because of the coffee situation. However, those complaints had done nothing to change the McDonalds practice of serving coffee at temperatures up to 205 degrees Fahrenheit—sufficient to peel skin off bones in less than seven seconds.

The elderly victim in the original case only sought to have her medical bills paid for by the negligent company. Instead, after hearing the evidence, the jury decided that the only way to get the company to change its dangerous practice (because 700 victims apparently had no effect) was to hit the company in the pocketbook. The jury, made up of community members, therefore decided to award the $3 million in that particular case to emphasis the company’s extreme negligence in allowing victims to mount without implementing any changes.

Unfortunately, that back-story is rarely explained, allowing the myth of certain lawsuit oversteps to be perpetuated. The truth remains that tort reform efforts are pushed by big businesses seeking to insulate themselves from the responsibility of paying for the consequences of their behavior. Instead of accepting the duty to compensate victims of their negligence, these large companies, from medical providers to nursing home conglomerates, would rather rig the system so that legal rights are taken away from the people they harm.

Continue reading "Corporations Seek Tort Reform To Take Away Rights of Illinois Injury Victims" »

The Madison St. Clair Record has reported that an Illinois wrongful death lawsuit has been filed against Rosewood Care Center of Swansea, Illinois after a resident of the home developed a blood clot and subsequently died. The lawsuit, filed by the wrongful death victim’s family member, claims that the nursing home resident sustained a left hip fracture and went to the Rosewood Care center for treatment of her broken bone. While at the Care Center, the woman began to suffer from deep vein thrombosis (DVT), a blood clot. Unfortunately, the clot traveled to her lungs and she suffered a pulmonary embolism, which led to hear death in November 2009. The Illinois nursing home neglect lawsuit states that prior to her death, the victim suffered severe pain, mental anguish, emotional distress, and loss of dignity. She became further debilitated and disabled.

Seeking over half a million dollars in damages, the Illinois nursing home neglect lawsuit carries several counts, each examining the issues of neglect that the plaintiffs allege. The wrongful death lawsuit points to the Rosewood Care Center and its owners as defendants, claiming that they negligently failed to provide the resident with proper supervision, failed to protect the resident from neglect, and failed to provide the resident necessary treatment to keep her at the maximum level of functioning. Additionally, the defendants failed to provide 24-hour nursing services and failed to provide a proper nursing home plan based on the victim’s needs. Further, the nursing home neglect lawsuit reports that the defendants failed to timely notify the victim’s treating physician of changes in her condition. The Illinois nursing home neglect lawsuit complaint also explains that the defendants failed to keep the victim on Lovenox (an anticoagulant used to prevent blood clots) and maintain her on Teds Hose (high compression anti embolism stockings) after she fractured her hip.

Visit the Madison St. Clair Record to read more about the Illinois wrongful death lawsuit.

A wrongful death lawsuit has been filed in Madison County against the makers of a lathe that is reported to have killed her son. The mother has filed a lawsuit against a machinery company after her son was killed in a workplace death. According to the Illinois wrongful death complaint, the woman’s son, who was a minor, was working for a Madison County company in July 2009. While he was working and attempting to polish a steel bar with a high speed lathe built by a machinery company, the lathe allegedly malfunctioned causing the steel bar to become stuck in the machine. A lathe is a machine tool that rotates the workpiece on its axis to perform various workplace operations, such as cutting, sanding, knurling, drilling, or deformation with tools that are applied to the workpiece to create an object that has symmetry about an axis of rotation. Lathes are used in woodturning, metalworking, metal spinning, and glass working. They can also be used to shape pottery.

In this situation, the Illinois wrongful death complaint states that the young man was attempting to polish a steel bar with a high speed lathe when the lathe malfunctioned and caused the steel bar to get stuck in the machine. The steel bar then spun around and hit the wrongful death victim, causing his death. The wrongful death lawsuit accuses the company of negligence for knowingly building an unsafe lathe and for failing to warn its users of the dangers. The mother of the wrongful death victim is asking for more than $50,000 in damages for the loss of her son.

Read more about the wrongful death lawsuit is available at The Madison St. Clair Record.

The St. Louis Tribune shared a heart-wrenching story this morning of the death of two young girls killed by a pest exterminator’s professional negligence.

According to the wrongful death lawsuit recently filed, the disaster for the family of six began when an employee of Bugman Pest and Lawn owner arrived at the family home for what was intended to be standard pest extermination. Unfortunately, the exterminator was reckless in his work. In an attempt to rid the family yard of mice, the man placed dangerous aluminum phosphide tablets into animal burrows outside the home. He also applied a pesticide known as Fumitoxin near the home.

The fumes from the phosphide seeped into the home from outside, and the Fumitoxin was applied at far too high a level and placed much too close to the house. As a result of the egregious mistakes in using the chemicals, the entire family soon became very ill. The two youngest family members were especially affected by the deadly toxins—two girls, one 4 the other 15 months. Within a mere three days of the extermination both girls would be dead.

Besides filing the personal injury lawsuit to hold the negligent company accountable for its deadly mistakes, the local prosecutor is also considering the criminal sanctions against the negligent worker and company. The use of too many toxins in a way that creates a likelihood of death is a crime, punishable by up to a year in prison and a $250,000 fine.

Continue reading "Wrongful Death Lawsuit Filed After Pesticide Kills Two Children" »

The Illinois attorney general Lisa Madigan has asked state regulators to crack down on the nursing home neglect at Alden Village North nursing home in Chicago. The Illinois attorney general is asking the state regulators to more seriously look at doctors, nurses, and other licensed health care professions who are neglecting their patients at the Chicago nursing home. Attorney general Madigan asked the Illinois Department of Financial and Professional Regulation for the status of all complaints of nursing home abuse and neglect against Chicago nursing home staffers at Alden Village North and other facilities in the Alden nursing home chain. She also specifically asked the department to work with the Illinois Department of Public Health to discipline nursing home staff who are identified to mistreat patients in nursing homes in Illinois.

The action from the Illinois attorney general came following Chicago Tribune investigations that detailed a 10-year pattern of Illinois wrongful death and chronic nursing home neglect at Alden Village North in the Rogers Park neighborhood. The state of Illinois has taken steps to close the home because of its serious violations. Our Illinois nursing home abuse lawyers applaud the state’s action; we only wish that the nursing home victims did not have to endure the abuse and neglect for so long.

To learn more about the Chicago nursing home abuse and Illinois nursing home neglect, visit WGNTV.com, read the Chicago Tribune, or watch the video below.

An Illinois wrongful death lawsuit settlement was recently reported in The Madison St. Clair Record. The Illinois wrongful death lawsuit was approved recently in Madison County Circuit Court and now the woman’s wrongful death suit filed over the deaths of her husband and infant son in a tow-truck accident is now over. The judge entered the final approval of the confidential settlement on February 15, 2011. The Illinois plaintiff filed an Illinois wrongful death lawsuit against a tow truck driver, his employer, and the owners of a pub for damages in excess of $50,000. At one time, there was also a motion to add “punitive damages” to the Illinois wrongful death lawsuit. As an aside, punitive damages are often awarded where compensatory damages – the actual damages to compensate the claimant for loss, injury, or harm suffered - are deemed inadequate as a remedy. They are intended to reform and/or deter the defendant and others from engaging in conduct similar to that which formed the basis of the injury lawsuit.

According to the Illinois wrongful death lawsuit, the defendant had been drinking at two bars before he answered a tow call placed by the wrongful death victim. Another victim, the nine-month old son of the driver, had been a passenger in the car which had run out of gas. The two truck allegedly hit the stalled car, pushing it into the man who was outside of the vehicle. His nine month old son passed away shortly after from his injuries. The Illinois wrongful death lawsuit contended that the bars sold the driver the alcohol that led to the crash. The Illinois lawsuit defendant also faces criminal charges in connection with this tragic accident.

More information about the Illinois wrongful death lawsuit is available at The Madison St. Clair Record.

The Illinois newspaper Daily Herald has reported that an Illinois trucking company is now the subject of an Illinois car accident lawsuit. The Illinois newspaper indicated that the truck driver, who works for a Rock Island, Illinois based truck company and injured four people in a downtown Elgin car crash in March of last year may have been texting on his cell phone was driving. An Illinois car accident lawsuit has been filed in Kane County. The plaintiff, who is 26 years of age, filed the car accident lawsuit against a Rock Island based truck company and its driver for the personal injuries that she and three of her passengers suffered in a March 12 crash. The Elgin car crash lawsuit claims that the truck driver of Illinois was negligent because he was going too fast, following too close, and “negligently, carelessly, or improperly” driving a semitrailer while “texting and/or operating his cell phone.”

The Illinois car accident lawyer representing the 26 year-old plaintiff stated that he believes the driver defendant was distracted because the truck knocked the plaintiff’s vehicle out of the way. A traffic report indicates that the defendant’s truck moved from the center to the outside lane, pushing the plaintiff’s vehicle to a frontage road. The lawyer described that he suddenly swerved over in the lane of traffic as if he was distracted. The Illinois defendant received a ticket for improper lane use and pleaded guilty in April of last year. He paid a $125 fine and received a year supervision. The Illinois accident lawsuit is due in Kane County court in May 2011.

Visit the Daily Herald to read more about the car accident lawsuit.

WHEC.com recently announced a DePuy hip replacement recall lawsuit was filed by a man who required a second hip replacement surgery only a year and a half after the man received his hip replacement made by DePuy Orthopaedics. The man received a hip implant made of cobalt and chromium, but the metal rubbed together and the metal shavings made their way into his blood stream. He suffered from inflammation and muscle atrophy before receiving a letter informing him about the hip replacement product recall. The plaintiff’s DePuy hip recall lawyer said that the company wanted to continue to make money off of the hip implants as long as they could. As a result, a lot of people have received further injuries from the faulty hip implant and required multiple surgeries. More than 100,000 faulty hips were implanted worldwide. Accordingly, multiple DePuy hip product liability lawsuits are being filed across the country.

The hip replacement product recall was announced in August 2010 when DePuy Orthopaedics announced a voluntary recall of two hip replacement systems, the ASR XL Acetabular System and DePuy ASR Hip Replacement System. Studies involving the faulty hip implants found that many patients who received the DePuy hip implants suffer from pain, swelling, and difficulty walking in addition to other symptoms. Many have required revision surgery to correct painful issues with the implants. If you or a loved one received a DePuy hip implant and underwent further surgery or experienced other complications, contact an experienced products liability lawyer at Levin & Perconti at 877-374-1417 to discuss your legal options.

Read more about the DePuy product liability lawsuit at WHEC.com.

The Chicago Tribune recently exposed that dangerous doctors have been slipping through the cracks. The Chicago Tribune reported about a recent incident in Crestwood, Illinois. Crestwood is a southwest Illinois suburb of Chicago. One night, a Crestwood police officer was performing routine building checks when he noticed an open door to the office of a psychiatrist. When the officer stopped inside the cluttered office, he discovered several things out of order. He found roaming cats, a Colt AR-15 assault rifle and other guns, ammunition, military-grade smoke grenades, sex toys, and pornography. When Illinois regulators determined that the psychiatrist had engaged in sexual misconduct and committed other violations of the State Medical Practice Act, they suspended his license and proclaimed him a “danger to his patients.” But the truth is that the Illinois psychiatrist’s practice could have been shut down years earlier after an Illinois agency found that the psychiatrist committed inappropriate conduct with a female inmate and barred him from working in a prison. These are the type of incidents that are concerning about whether our regulations truly protect against Illinois medical malpractice.

Our Chicago medical malpractice lawyers agree that this case raises questions about the medical disciplinary system and its ability to protect Illinois citizens against Illinois medical malpractice. In a system that should protect, Illinois agencies and associations are required to report potentially dangerous and unprofessional doctors to medical regulators, who can bar the doctors from practicing and keep patients out of harm’s way. However, the mandatory reporters sound very few alarms and when they do, regulators rarely take action. Strikingly, 348 mandatory reports were filed with the state of Illinois in 2009, but only one case resulted in the Illinois Department of Financial and Professional Regulation by suspending the Illinois physician’s license. Such a disparity tends to show that the system does not work as well as it should.

Visit the Chicago Tribune to learn more about the problems with the Illinois medical disciplinary system.

Steve Levin of Levin & Perconti, a Chicago medical malpractice lawyer, recently spoke out against H.R. 5, the Help Efficient, Accessible, Low Cost, Timely, Health Care (HEALTH) Act of 2011. The HEALTH Care Act was recently introduced in the United States House of Representatives and approved by the House Judiciary Committee. The bill is a reincarnation of the HEALTH Act of 2005, which never became a law. Illinois medical malpractice lawyer Steve Levin opposes the bill and points out that the bill threatens patient safety. H.R. 5 proposes a cap (or limit) on noneconomic damages for victims of medical negligence at $250,000, taking aim at patients’ rights. It further aims to reduce the period time in which victims of medical malpractice have to file a claim from two years to only one year after the injury is discovered. Mr. Levin proposes an alternative to the bill, stating that Congress should instead turn its attention to decreasing preventable medical errors.

Statistics of medical malpractice show that these proposed changes will truly hurt victims. According to the Institute of Medicine, over 98,000 people die every year due to medical errors. Chicago medical malpractice errors are often preventable and costly. Reducing the medical malpractice errors would lower health care spending. Rather than denying patients full access to the courts to gain justice, Mr. Levin stated that Congress should focus on new approaches to prevent medical malpractice from occurring in the first place. Mr. Levin addressed that medical malpractice lawsuits allow victims to hold physicians, hospitals, and insurance companies responsible for their mistakes. Damages motivate health care providers to improve patient care to avoid being sued again.

Go to the Levin & Perconti website for more information or to contact us online.

Chicago police are currently questioning a Chicago motorist who struck two boys on Saturday afternoon in the West Pullman neighborhood on the Far South Side of Chicago. The motorist was reportedly on a cell phone when the car he was driving struck two boys Saturday afternoon. An 11 year-old boy and a 15 year-old boy were both on foot when a car hit them around noon at 119th Street and Harvard Avenues. Fortunately, the children were stabilized on the scene by paramedics and then taken to an Oak Lawn hospital. Witnesses on the scene described to police that the motorist was on a cell phone during the Chicago car accident.

The National Safety Council estimates that 200,000 car crashes yearly are caused by drivers who are using their cell phones while driving. Talking on a cell phone causes nearly 25% of all Illinois car accidents. Four out of every five accidents are attributed to distracted drivers, which is more than the statistics for accidents attributed to drunk drivers. Drivers talking on cell phones were 18% slower to react to brake lights.

Read more about the Chicago car accident by visiting the Chicago Sun-Times.