Illinois Injury Lawyer Blog

Chicago personal injury lawyers are just one of a growing chorus of voices that continue to call for changes to address the deadly problem of distracted driving. Last week saw even more advocacy for driving safety as a My Fox Chicago author published a story raising increased attention on the distracted driving issue. The article pointed to the large number travelers who have been injured and even killed following these accidents.

On top of that the Chicago area was recently the home a gathering that specifically address the deadly roadway problem. The Illinois Distracted Driving Summit drew a wide range of safe driving advocates ad policymakers. The speakers at the gathering put the problem into perspective. For example, cell phone use remains the most common form of driving distraction. As it now stands twenty five percent of all car crashes are caused by a driver who is on a cell phone and not paying attention to the road. Expectedly, the drivers who send text messages while behind the wheel are the most likely to be involved in a traffic accident.

One of the summit attendees, U.s Secretary of Transportation Ray LaHood explained how he believed that distracted driving has reached epidemic proportions. Legislation may be needed to curb the dangerous problem. The Illinois General Assembly is considering dual legislation that calls for a two-year study. Many advocates deem the legislation too little too late. Less studying and more action is needed.

As the problem grows a variety of sources are seeking innovative ways to help improve road safety. For example technology already exists that sends cell phone calls directly to voicemail when the phone is in a moving vehicle. While not yet capable of distinguishing between drivers passengers, the technology is a step in the right direction. Of course a perfect solution to the problem exists right now without any tech improvements necessary: the will to turn off cell phones whenever one is behind the wheel of a moving vehicle.

Continue reading "Chicago Injury Victims Continue To Grow Following Distracted Driving" »

A middle-aged man faces DUI charges after his vehicle hit a motorcycle, injuring a grandfather and his 6 year-old granddaughter. The car accident resulted in personal injuries to the two individuals and the driver was arrested and charged with aggravated driving under the influence. Local police stated that the man was crossing a center line where the car crash occurred and neighbors describe that the area is tricky with “blind curves.” Blind intersections are not uncommon in the Chicagoland area – often times, buildings, trees, walls, or other features may prevent us from seeing cars entering the intersection. Sometimes even traffic can “screen” out oncoming traffic, creating a large curved wall you cannot see beyond.

In this motorcycle accident, the grandfather was taken to the hospital with leg injuries and chest pains; his six year-old granddaughter was transported to a Children’s Hospital with a serious leg injury. The driver charged with the DUI called 911 himself and was remorseful about the car crash. Motorcycle accidents are always especially worrisome because passengers on motorcycles are so vulnerable, not protected by any sheets of metal forming car walls. As our Chicago car accident lawyers recently reported, studies showing decreases in motorcycle deaths may be misleading. Wrongful deaths due to motorcycle accidents dropped two percent, but that may only signal a blip in the safety trend and not a lasting improvement in motorcycle safety. Fatalities started to climb during the last three of the nine months reviewed, which has safety advocates worried.

In 2009, there were 130 motorcycle fatalities in Illinois, which is far too many. Start Seeing Motorcycles.org offers several resources, information, and training needed to make motorcycling experiences safer, more pleasurable, and help reduce fatalities and personal injuries. Next month, May 2011, has been proclaimed Motorcycle Awareness Month in the State of Illinois to keep Illinois roadways safe through proper motorist awareness.

Visit My Fox to read more about the injured child.
To read more about Illinois motorcycle safety, visit Startseeingmotorcycles.org.

There are few cases on which a Chicago personal injury lawyer will work that involves more emotion that than the death of a young child. Unfortunately, accidents that take the life of infants occur with starling frequency.

The New York Times reported last week on one common household product that claims the life of an average of one child every month: window blinds. More specifically, the cords on many window blind systems are dangerous choking hazards for infants. The article recounts the story of one mother who ran into her two-year-old’s bedroom only to find him hanging lifeless inches from the ground. The child had a blind window cord wrapped around his neck. He ultimately died from the asphyxiation.

Similar deaths have occurred for the last quarter century. However, the federal government is now taking a closer look at the safety hazard and is asking blind manufacturers to eliminate the risks posed by these cords. If manufacturers fail to take steps to eliminate risks, federal regulators at the Consumer Product Safety Commission may institute new mandatory regulations.

Consumer safety advocates have long complained that the manufacturers of these products have done little to address the problem. More specifically, there remains a very simple way to eliminate the problem completely: cordless blinds. However these blinds are more expensive to manufacture and sell. Besides that option, manufacturers also can create retractable cords or covered cords that are inaccessible to children. Each of those alternative options are cheaper to manufacture than entirely cordless blinds.

Continue reading "Chicago Personal Injury Lawyer Shares Concern Over Window Blind Safety" »

Fortunately, no personal injuries have been reported after a Southwest Airlines flight at Chicago-Midway Airport slid off of a runway and into a patch of mud Tuesday afternoon. The flight, which was coming in from Denver, was carrying 134 passengers including five babies in addition to five crew members. According to the Federal Aviation Administration (“FAA”), the plane landed on the runway at a little after 1:00 p.m., sliding off of the left edge near the end of the runway. It came to a stop on a grassy area near the Chicago intersection of Cicero Avenue and 63rd Street, about 150 feet from a wall that separates the airport grounds from the street. The nose was pointed directly at a White Castle drive-through across Cicero Avenue.

The unharmed passengers were taken off of the plane down a wheeled stairway and the runway involved was shut down. The other runways at Chicago Midway Airport remained open. Tuesday’s weather was wet, rainy, and windy. The runway was also wet and winds were 15 knots gusting to 21 knots, according to the Chicago Tribune who had received the information from an aviation source. Passengers Tuesday evening recounted that the landing felt different than most - one passenger involved in the Chicago flight landing accident described that it felt like the plane was landing in a lake because of the water on the runway. Many of the passengers credited the pilot for their safety, saying that he landed in the best way possible, despite the difficulties.

Continue reading "Chicago-bound flight slides off runway" »

A Chicago woman has recently been charged with upgraded charges of felony drunk driving after her involvement in a crash last year that resulted in the wrongful death of two passengers. The victims, a mother and her teenage son, were headed home from a funeral for the boy’s grandmother in Chicago. They were hit by a Chicago woman who was driving her 1997 Oldsmobile at a high rate of speed when she swerved to get around a stopped vehicle and her car went out of control, flipped onto its side, and struck a tree and light pole. They were riding in the back seat of the driver’s car, pinned in the wreckage, and pronounced dead at the scene. A third passenger was not injured and the driver was treated for minor injuries where tests showed that she had a blood-alcohol content of 0.17 percent.

The Chicago woman accused of being culpable for the Illinois wrongful death had initially been cited with misdemeanor driving under the influence after the deadly crash in Chicago. But when she appeared in court on Tuesday, she was arrested and charged with upgraded felony charges – two counts of aggravated DUI involving a death. The Chicago defendant’s charges were upgraded after laboratory tests matched her DNA to blood found on the driver’s side air bag, which proves that the Chicago woman was behind the wheel of the car at the deadly scene.

Continue reading "Chicago woman faced with felony after fatal DUI" »

This week we have shared many developments related to the ongoing criminal trial in the “Angel of Death” killings at the Woodstock Residence, a nursing home in a northern Chicago suburb. Blog readers also know that our firm is the Chicago personal injury attorney representing the family of one of the victims, Virginia Cole.

Our representation is in the civil lawsuit, not the criminal matter currently at trial. However, the information in front of the jury in this criminal matter shines a spotlight on what actually went on at the Woodstock Residence in 2006. Six residents were killed at the facility after they were administered an overdose of powerful painkillers by a nurse with the implicit approval of her supervisor.

The Chicago Sun-Times reported on the nursing home trial. Their latest story explained the revelation that one of the victims was found to have died of a morphine overdose, even though he was not prescribed morphine. No plausible explanation exists as to how the painkiller could have been in his system at all, let alone at deadly quantities.

This week a pathologist testified at the trial and confirmed that the man’s death was caused by morphine intoxication, not other ailments from which he was suffering. Ms. Cole’s unexpected death occurred shortly later. The same pathologist explained how “none of her underlying natural disease processes would explain her dying at the time she did.” The report offers important validation to the sad reality that Ms. Cole was killed by her caregiver giving her an overdose of morphine.

In earlier testimony the criminal defendant’s co-workers explained how Ms. Cole’s morphine was suspiciously used up far too quickly right before her surprising death. Those co-workers reported their suspicions to their supervisor. Unfortunately, that managing nurse did nothing to stop the deadly conduct.

Continue reading "“Angel of Death” Trial Reveals Victim Not Even Prescribed Drug That Killed Him" »

If you have ever talked with an Illinois personal injury lawyer about a possible medical mistake they may have mentioned that even increased risk of future complication constitutes a form of injury.

Of course, most patients are never made aware of the fact that they’ve been victimized by a medical mistake until that error has resulted in physical harm to their bodies. However, in some cases the mistake does not immediately cause harm but instead only increases the risk that some injury will result in the future.

Malpractice occurs at the time the error is made—even if the injury is only speculative in the future. For example, mistakes like major radiation overdoses may increase a patient’s risk of developing cancer. That increased risk is an actual injury suffered by the patient unnecessarily.

It is important to understand that distinction when reading stories like one recently reported by NOLA News related to improper sanitation. It is explained how more than 200 patients were potentially exposed to endoscopes that were not properly sanitized, increasing their risk of contracting infectious diseases.

The devices are used in various gastrointestinal procedures, and they require an automated disinfection cleaning process. Unfortunately 222 patients received letters recently indicating that officials could not confirm that the device used during their own procedures were actually cleaned in this required manner. The result is that patients were at risk of contacting diseases like HIV and hepatitis.

Continue reading "Hundreds of Patients Exposed to Improperly Sanitized Endoscopes" »

Blog readers are appraised of our Chicago personal injury lawyers representation of the family of Virginia Cole. Ms. Cole was an Illinois nursing home resident who died after her supposed caregiver purposefully gave her a lethal overdose of drugs. The murder was one of several similar deaths at the Woodstock Residence in 2006. The nurse administering the overdose has been dubbed the “Angel of Death.” Both she and her complicit supervisor have been criminally charged for their conduct.

Our nursing home firm is advocating for Ms. Cole’s family in the civil matter connected to her death. For the past two week the criminal trial has been underway. Chicago Breaking News has been one of many newspapers following the developments of the case. They reported earlier this week on testimony at the nursing home trial. The information that has already been brought to light makes clear that the murders could have been stopped if the supervisors at the facility had acted as any reasonable manager would. Instead, the supervising nurse at Woodstock was made aware of the problem and chose to look the other way—allowing more of the residents in her charge to be killed.

For example, one nurse testified this week and explained that her supervisor was “cavalier” and “unconcerned” about the suspicions resident deaths. This was true even after it became clear that the death was caused by an employee tampering with resident drugs. The same former employee testified that she walked into Ms. Cole’s room immediately after she passed away and saw that her morphine seemed much too low. There was also a second suspicious vial of drugs near Ms. Cole’s bed. After reporting this to her supervisor nothing was done.

Ms. Cole died unexpectedly from complications that experts admit are frequently associated with drug overdoses. Those complications include confusion, hypothermia, and bradycardia. The very day before her death, her family had reported that Ms. Cole was visiting with fellow residents happily showing off her new hair style.

Continue reading "Supervisor’s Indifference At Heart of Woodstock Nursing Home Deaths" »

Yesterday a tragic Chicago nursing home fall took the life of a 57-year old resident. The Chicago Sun-Times reported on the unfortunate falling accident that occurred at the Woodbridge Nursing Pavilion, an Illinois nursing home in the city’s Logan Square neighborhood on the Northwest side.

The report indicates that the resident was awake much earlier than usual on Wednesday morning. A nurse saw that he was awake, however she did not investigate further. Instead she left and began her usual routine. A short time later facility staff members heard a loud noise coming from outside. After going out to determine the source, the resident was found crumpled on the ground. An ambulance was called and he was rushed to the nearest hospital, but his injuries were too severe. He was pronounced dead later that morning.

When nursing home officials looked closer at what happened, it became clear that the resident has sustained a fall of 10-20 feet from his bedroom window above. The resident had tied sheets together in an “escape” attempt only to fall to his death.

Unfortunately, this resident is not the first to die in this manner. Not long ago our Chicago personal injury attorneys at Levin & Perconti represented a victim in a similar case. A 54-year old Illinois nursing home resident died at the Lee Manor Nursing Home after falling from a window. In that case, the resident was suffering from chronic paranoid schizophrenia, was severely blind, and required ongoing supervision. Nursing home staff members were supposed to ensure that he not be allowed to flee in any way, but they failed in that regard. The windows in the man's room were allowed to be opened enough for his attempted escape.

Continue reading "Resident Falls to Death At Chicago Nursing Home Woodbridge Nursing Pavilion" »

Recent reports showing decreases in motorcycle deaths may be misleading. During the first nine months of last year, wrongful deaths due to motorcycle accidents dropped 2 percent, but the recent report by state transportation officials reflecting the lower fatalities may only signal a blip in the safety trend and not a lasting improvement in safety. From January to September 2010, there were 80 fewer motorcycle wrongful deaths than in the same period from the previous year. However, fatalities have started to climb again during the last three of those nine months reviewed, which has safety advocates worried. A report author – who also acts as a safety consultant – stated “[t]he drop is all in the front half of the year. It looks very much as if we’ve hit bottom and may be starting back up again.”

During the first three months of 2010, motorcycle fatalities were down 25 percent and still down 1 percent in the next three months after that. Then, the motorcycle fatalities went up 3 percent in the third quarter of the year. Since the late 1990s, annual motorcycle fatalities have more than doubled, peaking only three years ago at 4,312 motorcycle deaths. The motorcycle deaths plunged sixteen percent in 2009, correlating with the flailing economy. The cause of the drop in motorcycle deaths is a matter of debate. A spokesperson for the safety group indicated that recreational motorcycle riding appears to have declined while the recession was at its worst and that may explain why the number of deaths went down. This spokesperson is concerned that now that the economy is showing some signs of recovery, experts are concerned that a rebound in recreational motorcycle riding will lead to more wrongful deaths. Leadership of the Motorcycle Riders Foundation, however, disagrees. They say that the economy appears to have increased, not decreased, motorcycle use.

Read more about the rate of motorcycle deaths at the Southtown Star.

When a local resident feels ill after taking medication prescribed by their physician, a Chicago personal injury attorney is likely not the first call that they make. Many people are aware that medications have some side effects that must be dealt with as best as possible.

However, there is a clear difference between a side effect and an actual medication mistake that places the patient’s health in serious risk. In reality it is often difficult for more the non-medically trained to clearly understand when they are experiencing one over the other.

Unfortunately, the New York Times blog reported last week that actual medication errors were on the rise.

In the last few years the number of patients requiring hospital care because of incorrect medications, wrong dosage, and similar problems rose fifty percent—up to 1.9 million instances of error in 2008. This data was culled from a report issued by the Agency for Healthcare Research and Quality. Besides the potentially deadly physical toll, the errors also cost consumers and taxpayers more than $3.5 billion in additional healthcare and incidental expenses.

Individuals older than 65 who were victims of the errors were more likely to be hospitalized for the problem—this was likely the case because of their increased vulnerability and more frequent use of medication.

Continue reading "Chicago Personal Injury Lawyer Concerned with Rise in Medication Errors" »

Tort reform measures are opposed by advocates on all ends of the spectrum. Some local observers may roll their eyes when a Chicago personal injury attorney argues against tort changes. But a diverse range of individuals share concerns about unnecessary changes to our legal system.

For example, the 10th Amendment Center recently explained how a free-market constitutional scholar at the Independence Institute penned a long attack outlining the logical constitutional objections to the medical malpractice bill known as H.R. 5. The man admits that he has previously been a conservative Republican political activist and was at one time a Republican gubernatorial candidate.

The advocate explains his confusion that so-called conservatives would support H.R. 5, which he describes as “a measure based on a grossly overly-expansive view of the authority of Congress.” It is his position that it violates both the 9th and 10th Amendments to the U.S. Constitution. The proponents of the bill claim that Congress has the power to act pursuant to the “Commerce Clause,” but the subject matter at issue—civil court actions—have little no relation to commerce as the Founders intended. Alternatively, the “Necessary and Proper Clause” offers no congressional power mandate either.

Overall, H.R. 5 represents a disregard of American federalism and distortion of the role of the federal government and the states. It is important that our Congressional representatives be held accountable for their actions and words. All those who vocally support the limited role of the federal government should take policy positions consistent with that opinion, regardless of the particular interest group to which the policy appeals.

Continue reading "Conservative Constitutional Scholar Advocates Against H.R. 5" »

Our Chicago wrongful death lawyers were very sad to read yesterday about a Chicago-bound train collision that resulted in two deaths. A Chicago-bound coal train rear-ended a train carrying maintenance equipment Sunday morning, killing two crew members, shutting down the tracks, and upsetting Chicago-bound Amtrak train services.

Both trains were headed east when the deadly train accident happened at around 7:00 in the morning. The coal train was traveling with 130 loads of coal, set to be transferred to another line in Chicago and to be sent to an Eastern utility. The other train involved in the collision was hauling 34 cars of maintenance equipment belonging to the railroad. The conductor and the engineer on the coal train were both killed; the crew on the other train were not injured.

Initial reports from the deadly train accident indicated that 10 cars on the maintenance train derailed as well as one of the three locomotives on the coal train. Some cars were on their sides and maintenance equipment has been scattered. The crash also started a fire that affected the locomotives on both trains. Every day, these tracks are used by about 40 freight trains, but use of the tracks has been halted while emergency crews are at the crash site and an investigation is pending regarding the deadly train accident.

Continue reading "Chicago-bound train collision results in two deaths" »

Some of the saddest cases that a Chicago personal injury lawyer advances are those involving the death of a young child. Last week we reported on the death of an area boy following an amusement park ride mishap. A few days ago another tragic case made headlines when two siblings were killed in a train ride around an area park.

Besides accidents involved mechanical rides, at times youngsters are injured in sports accidents. Equipment failures are a common cause of those injuries. Football helmets can be incorrectly manufactured or heavy soccer goals can be poorly anchored to the ground. In fact, the latter issue was the subject of a new Illinois law that seeks to improve the safety of local soccer players.

NBC News reported that on Friday the Illinois House unanimously approved a bill colloquially known as “Zack’s Law.” The measure was spurred in large part by the tragic death of a six-year old suburban boy. The child was killed when an unstable, heavy metal goal toppled onto him. If it becomes law, the legislation would require that all parks use “tip resistant” soccer goals. In addition, all formal soccer leagues—like those run by park districts and soccer clubs—would be required to have a set of safety policies in place to properly anchor these pieces of equipment.

There have been at least 10 deaths caused by these errant goal posts. Advocates for the measure explain that “this is a situation where, absent the legislation, these goals are going to continue to be bought and sold in the state of Illinois, and then they’re put out there, and they’re ticking time bombs.”

Continue reading "New Illinois Child Injury Prevention Law Passes Illinois House" »

News is similar around this time each year as federal representatives debate budget proposals to guide the government in the upcoming year. The consequences of those debates—and the ultimate passed budget—have far-reaching ramifications for Illinois injury victims. Consequently, it is crucial for a worthwhile Chicago personal injury attorney to pay close attention to that budgetary process. Needed advocacy can then be provided in support of resolutions and alterations to the budget which respect the rights of injury victims throughout the state.

Injury victims have unfortunately been left in the cold in a recent proposal that is now working its way through the legislative process. The Consumer Voices reports that this week the U.S. House of Representatives passed the FY 2012 Budget Resolution. Unfortunately, the proposed budget takes a hatchet to all safeguards that have been carefully put into place to ensure there are less negligence victims, at nursing homes, hospitals, and elsewhere.

Illinois personal injury victims would suffer needlessly by passage of this proposal.

For example, the bill seeks to drastically cut the already minimal safety net created for those individuals who struggle every day to pay for the rising cost of their health care. On top of that, this legislative proposal would limit the total number of care workers, like nurses, who ensure that common medical errors and negligent acts are avoided. The development of bed sores, dehydration, and malnutrition, and many other preventable complications will likely strike more often, because there will be less trained personnel working to eliminate them. Even before these possible budget cuts there existed a crisis situation involving medical errors.

In sum, this proposal ignores the needs of negligence victims, including those at nursing homes and medical patients. By placing these vulnerable community members at the bottom of the priority list, it represents a large step backward. Years of bipartisan compromise and careful progress on these issues would be swept away with its passage.

Continue reading "Chicago Personal Injury Lawyer Shares Concerned About Budget Proposal" »

News about the defective hip implants given to patients by the DePuy company continues to roll in. This week the U.S. Senate Special Committee on Aging heard testimony on the Depuy recall as well as other medical device problems and complications. Mass Device reports that the hearing was part of a larger investigation by the federal legislative body into the approval process currently available for medical devices and the effect that process has on overall patient safety. As the DePuy hip recall made clear, devices that are rushed to the market and given to unsuspecting medical patients pose huge risks that circumvent the very purpose of the regulatory process.

The hearing put Johnson & Johnson--the parent company of DePuy--in the middle of the federal investigation evaluating that medical device approval process. Besides hearing from those executives, the committee was briefed on the situation by one of the victims of the recall—many Illinois patients found themselves in a similar circumstance to the victim who attended the hearing.

Following the first-hand account of hardship, a national researcher discussed her new data which indicates that there are more recalls of devices that are approved through the 510(k) pre-market notification program. The less stringent alternative process allows devices to reach consumers sooner abrogating many of the usual requirements of the Food and Drug Administration’s more comprehensive PMA protocol.

The subcommittee holding the hearing explained, “Internal reviews by FDA officials and other outside sources have found troubling lapses in the procedures by which a number of medical devices were approved. The results of these investigations caused procedural and management changes to be implemented at the Center for Devices and Radiological Health in recent months.”

Continue reading " Senate Holds Hearing to Investigate Defective DePuy Hip Implants" »

WYFF 4 News reported late last month on new legal developments related to an amusement ride accident involving a train derailment in late March.

The accident stemmed from the derailing of a train that was part of a ride at a local event sponsored by the Spartansburg County Parks Commission. The family involved in this injury lawsuit represents only five of at least 28 people who were on the train when it malfunctioned and came off the tracks. Most of the riders at the time were young children. One 6-year old boy was killed during the accident and four children remain hospitalized with serious injuries.

This amusement park lawsuit names five individuals as plaintiffs including a mother, father, and three children—one of whom suffered a head injury and was only recently released from the hospital. The involved parties explained that they are pursuing the lawsuit to recover reimbursement for medical expenses, lost wages, and pain and suffering.

In addition, it is hoped that more information will be culled from the investigations that will shed light on what went wrong in this case. For unknown reasons the train in question was going quite fast before the derailment. The conductor of the train also made questionable blog posts previously about the safety of the train and its potential problems, but nothing was done to address the risk. Questions also remain about the last inspection of the train by state regulators.

Continue reading "Children’s Train Accident Lawsuit File After Entire Family Suffers Injury" »

Our Chicago personal injury lawyers were concerned after reading in the Southtown Star that the extensive cemetery reforms put forth after the Burr Oak Cemetery scandal could be shoved to the side if a measure before the Illinois Senate is passed. After the tragic Burr Oak scandal, that is currently the subject of many Chicago lawsuits, the Cemetery Oversight Act was enacted following a governor-appointed Cemetery Oversight task Force. The reforms required a numeric tracking database for every grave in Illinois and also required Illinois funeral homes to witness burials and required the Illinois Department of Financial and Professional Regulation to license cemetery operators. Senator Emil Jones III has sponsored a proposal that would eliminate many of the regulations imposed on cemeteries. If approved, the stiffer regulations enacted after the Burr Oak tragedy would only apply to large, for-profit cemeteries.

A spokesperson for the Illinois Department of Professional and Financial Regulation responded that the goal of creating the Act was to make certain that there were “expectations of how the cemetery would treat the family and the remains.” If that did not happen, the Act made certain that the state of Illinois would be able to enforce the Cemetery Act. The spokesperson added that the cemeteries who do what they are supposed to do will find this regulatory process relatively painless.

Continue reading "Pending Illinois Senate measure could undo Burr Oak reforms" »

The Las Vegas Sun continued its investigations into hospital patient safety efforts with an examination of the benefits of hospitals that admit their medical mistakes. The discussion comes on the heels of one state’s debate about a bill which would require hospitals to publicly report patient harm.

The former CEO of the Beth Israel Deconness Hosptial offers a strong endorsement of the public reporting of medial mistakes. Several years ago the CEO began blogging about the errors that occurred as a result of problematic care at his facility. His goal was that discussion about the mistakes would help ensure that errors were not repeated. Following his lead, many other area hospitals began doing to same. Now even former opponents admit that transparency in the process has led to increased accountability and more attention to patient safety.

The new chairman of the Beth Israel explained the reasons that public reporting has led to improvement, “It’s not just fear of public embarrassment. It’s an easy way to show something is a priority and is deserving of attention.”

Unfortunately only 10 states currently require open reporting of hospital errors. Illinois has inched toward more openness in this area, but information of this kind is still far from complete. It is important to continue to push legislators to do what is necessary to hold negligent Illinois doctors accountable.

Continue reading "Hospitals That Admit Mistakes Better Protect Patients" »

Our Chicago medical malpractice lawyers were happy to read that the Illinois House of Representatives overwhelmingly passed a bill mandating that health care workers in Illinois would permanently lose their licenses if convicted of a sex crime or forcible felony. The bill would require health care workers in Illinois, including physicians, with charges pending to have chaperones with them if they keep treating Illinois physicians before their trials. The physicians at question would need to notify all of their patients in writing about any pending criminal allegations. Further, no individual whose name appears on a sex offender registry would be eligible for a medical license. Next up, the bill faces the Illinois Senate. Sponsoring representatives believe the bill will easily pass.

While our Chicago injury lawyers are happy to see this legislation make ground and realize the many hospital and future hospital patients this bill will likely help, we cannot help but wonder about those innocent hospital patients and nursing home patients who could have been protected by this bill a long time ago. For example, in May 2008 four hospital employees were charged with failing to report sexual assault after a stroke patient was sexually assaulted. The hospital did not inform the authorities nor did they take any action; the entire medical malpractice would have been forgotten if a hospital employee had not later reported the assault to the police.

Continue reading "Illinois House passes legislation pulling licenses of health care workers convicted of sex crimes" »

The Chicago medical malpractice lawyers are relieved to see patient safety issues finally being brought to the forefront. Our readers know that our Chicago injury attorneys have been well-aware of the hazards patients face when they get admitted to the hospital. Now, the government, over obviously strong objections from the hospital industry, has published data about things that can go wrong in hospitals, such as falls, objects left behind during surgeries, bloodstream or urinary infections associated with catheters, incompatible blood infusions, serious bed sores, and many more incidents of medical malpractice.

Published last week, this information is the first hospital-specific patient safety data to be released nationally by Medicare. It is derived from a review of hospital bills submitted for elderly and disabled patients between October 2008 and June 2010. Unfortunately, Chicago did not come out of the patient safety data clean. All of Chicago’s top medical centers are on the list of hospitals with medical safety issues in some way, shape, or form. For example, the University of Chicago Medical Center, the University of Illinois at Chicago Medical Center, and Rush University Medical Center all reported higher-than-average numbers of hospital-acquired bloodstream infections associated with catheters.

Continue reading "Patient safety under spotlight" »

Yesterday we discussed the testimony provided by advocates for medical malpractice victims at last week’s hearing on the bill known as House Resolution 5 (H.R. 5). We continue that discussion with additional overview of the analysis outlined in the Legal Times Blog.

We previously mentioned the advocacy of one member of the subcommittee in question, Representative Harry Waxman. Besides noting the dubious connection between tort reform and medical malpractice premium decreases, Representative Waxman also emphasized how the federal government should leave these tort law decisions to the states.

He explained quite eloquently that “regulation of insurance and the practice of medicine are quintessential state issues—they always have been. H.R. 5 would take away that or pre-empt that authority and that prerogative…But as this legislation makes clear, that guiding philosophy evaporates when it comes to protecting the interests of the insurance industry. No wonder the author of this legislation did not cite the 10th Amendment—the one that reserves power to the states—as the constitutional basis for its introduction.”

The sad reality is that far too many individuals, lawmakers, and policy advocates are willing to sacrifice basic principles of federal power in an effort to enact national rules being supported by insurance companies. The old political maneuvering games played by those with inside influence and money are clearly at work when it comes to this issue.

Instead of caving to the demands of big interests, it is important to re-focus the debate back to increasing patient safety. As representative John Dingell pointed out, much potential success exists in programs that make funds available for innovative patient safety programs. In that way, the real problem—the frequency of medical malpractice—is addressed. Misguided emphasis on the effects of those errors—the medical malpractice lawsuits—is nothing more than a red herring.

Continue reading "H.R. 5 Tort Reform Proposal Attacked By Advocates At Hearing" »

As we have frequently mentioned, a United States House of Representatives Energy subcommittee had a hearing this week related to H.R. 5—a medical malpractice piece of legislation. The Blog of Legal Times wrote an overview of the committee’s efforts. Of particular note, they provided a good summary of medical malpractice victim advocates’ testimony

The bill H.R. 5 would impose limits the private contractual relationship between lawyer and client, arbitrarily cap certain types of damages (nullifying jury decisions), alter pleading standards changes, and force upon states other barriers to the rights of medical victims to seek legal relief.

One of those testifying at the committee hearing was Brian Wolfman, a visiting law professor at Georgetown University. He emphasized the problems with the bill, including the infringement upon the private agreement between client and lawyer. The professor explained how the free market should be allowed to work, without artificial micromanagement by the federal government. His testimony also took issues with the unnecessary cap on damages. He explained how the $250,000 figure bears no relationship to the needs of medical malpractice victims or any other standardized, logical analysis. Instead, it is a random, low-ball figure that serves the interests of an insurance industry at the expense of all others.

During the hearing Representative Harry Waxman emphasized how claims about the impact of tort reform bear little resemblance to the truth. He used his own state as an example. In the first 13 years after California passed legislation with provisions similar to those in H.R. 5, medical malpractice insurance premiums actually went up by 45%. It took comprehensive insurance reform to actually influence insurance rates. The federal government would be wise to do the same.

Continue reading "Illinois Injury Lawsuit Watch: Overview of Latest H.R. 5 Committee Hearing" »

Blog readers are aware that Congressional hearings were conducted this week related to the federal bill known as H.R. 5—a unnecessary, illogical piece of legislation that was recently introduced in the House of Representatives. The bill is officially known as the “Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2011.”

This legislation would impose arbitrary caps on damages—taking away that decision from juries. On top of that, changes in statutes of limitation, pleading standards, and other areas would do immense damage to the rights of Illinois injury victims. Recently another major national organization joined the chorus of those advocating against the bill

The National Conference of State Legislatures (NCSL) sent a letter to the Congressional committee regarding the bill. The letter clearly outlined the group’s concerns and stated unequivocally that there was “strong bipartisan opposition to the passage of the latest federal medical malpractice legislation.”

The group pointed out that H.R. 5 would do direct damage to the rights of each state to make their own decisions in these matters. A one-size-fits-all approach to medical malpractice laws would essentially take even more power away from state legislatures and give it back to the federal government.

Attacks on states’ rights are in direct contrast to the important American tradition of federalism. Conservative thinkers rightly point out that the foundation of the country is steeped in the ability of individual states to decide their own unique policies. In that way, states act as “laboratories” where public issues are tested and the results available for all to view when considering their own decisions. H.R. 5 rejects that diversity. Instead, it ignores states’ right, preempts local laws, and cedes even more power to far-away federal decision-makers.

Continue reading "Illinois Injury Lawsuit News: States Organization Against H.R. 5" »

Our Chicago injury lawyers were saddened to read this tragic story of an infant’s wrongful death after a medical malpractice error at a Park Ridge, Illinois hospital. In response to the malpractice, a Chicago wrongful death lawsuit has been filed by the child's parents against a Chicago-area hospital for the death of their 6-week-old infant. The Chicago medical malpractice lawsuit reports that the hospital’s staff negligently gave the small infant an intravenous (“IV”) bag with approximately sixty times the dose of sodium that was ordered by the physician. The infant passed away only slightly over one month after he was born prematurely. The Cook County wrongful death lawsuit reports that the child was making good progress at the hospital until a pharmacy technician wrongly filled the physician’s order for the IV fluid.

According to a report in the Chicago Sun Times based on the Chicago injury attorney for the family of the deceased infant, the IV bag in question was initially properly labeled and noted the high level of sodium that it contained; however, at some point before the nurse administered it, a second label was placed over the first label. The second label incorrectly showed the amount of sodium that the physician ordered, so the nurse was unaware of the fatal dose. The Chicago-area hospital acknowledged the error. We hope that the family of the medical malpractice and wrongful death victim is able to recover full and fair compensation, but realize that nothing will bring them their precious baby back.

Continue reading "Wrongful death lawsuit alleges hospital’s negligence caused infant’s death" »

Today proponents of tort reform will continue their misguided attempt to take away the rights of medical victims with a piece of legislation known as House Resolution 5 (HR 5). Testimony will be heard today on the bill in the Health Subcommittee of the House Energy and Commerce Committee. This is the second committee meeting involving the legislation in the last month

Of course, we have often pointed out the problems with this legislation on the blog. Similar to other measures that have been rejected by common-sense decision-makers in the past, HR 5 seeks to enrich certain big businesses at the expense of ordinary community members who happen to get caught up in painful medical malpractice lawsuits. Drug manufactures, insurance companies, and similar interests are pushing the bill in an effort to ensure that regular citizens have even less ability to hold the conglomerates accountable for their actions.

HR 5 is the latest attempt to take away medical victim rights. Specifically, the bill involves the government making arbitrary decisions about all legal damages, taking away the constitutional requirement that juries make the decision. On top of that, if the bill passes, the statute of limitations would be shortened—with the likely outcome that more victims will unsuspectingly lose their right to sue their wrongdoer in a medical malpractice lawsuit.

This bill, like the many others before it, must be defeated.

Continue reading "Illinois injury Lawsuit Watch: H.R. 5 Hearing Today" »

The Consumer Product Safety Commission (CPSC) is coming under fire in a recent Chicago Tribune article questioning why the Agency failed to investigate the popular crib bumper pads that had trapped and killed infants. In 2006, one baby was determined by the medical examiner to have suffocated after being trapped against padding in the corner of the crib. Federal regulators never examined whether the baby’s death involved an unsafe product and that wrongful death was only one of at least seventeen cases where the CPSC did not investigate the child’s death, even though the CPSC had reports on file suggesting that the unsafe bumper pads played roles in the facilities.

The Chicago Tribune investigated some of the cases and found that the medical examiners and coroners reported that bumper pads were involved in the suffocations. Now, the CPSC is trying to decide if the popular nursery products are safe, but is doing the investigating without having investigated all of the wrongful deaths that involved bumpers. The American Academy of Pediatrics and other consumer protection and advocacy groups have urged parents not to use the crib bumpers because they present such a suffocation risk. Officials are examining if there is a scientific link between bumper pads and suffocations or if other factors, such as blankets, pillows, or medical issues, played the primary role in the babies’ deaths. In addition to the seventeen cases mentioned, the Chicago Tribune also found that officials have investigated at least a dozen infant deaths where bumpers appeared to play a role. The safety agency stated that in those fatalities, the bumpers were not clearly the culprit because of other factors.

Continue reading "Agency questioned for failing to investigate deaths related to crib bumpers" »

Fox 8 News reported this week on an injury lawsuit that was filed late last year against the Cleveland Indians. The suit stemmed from the death of a fan killed after a equipment malfunction at the team’s ballpark.

The victim, a 54-year old father, died after visiting the team’s baseball stadium last June. The man was there to visit a tribute that was set-up to honor well-known area baseball players. However, while walking around the exhibits a large inflatable slide came unanchored and fell on top of him. The slide was 25 feet tall and weighed over 400 pounds. According to the wrongful death lawsuit the man suffered several back fractures from the accident. After receiving some treatment at the nearby clinic, the man was released. He returned home and died the following week from complications from those injuries. His specific cause of death was listed a pulmonary embolism.

The Ohio Department of Agriculture has already conducted an investigation into the event, explaining that safety violations were found. During the day of the event at the ballpark, the weather was noticeably windy. However, the slide was not anchored. In addition, there was intended to be only 2-3 children using the slide at once, but 6-7 were actually on the ride at the time.

The family reports that it did not intend to file an injury lawsuit, but it was unable to receive any support from the negligent parties in paying for medical and burial expenses. The victim’s widow explains that the death has devastated the family—she is now raising the couple’s two teenage girls alone.

Continue reading "Wrongful Death Lawsuit Filed Against Baseball Team" »

Xfinity News reported today on a tragic Chicago accident that claimed the life of a 3-year old Dolton, Illinois child. The published information explains that the deadly accident occurred at “Go Bananas” an amusement park in Norridge—a small village surrounded by Chicago near the O’Hare airport.

The young child was apparently at the fun park on Saturday with his family. He was riding with his twin brother on a roller coaster ride known as the Python Pit. The two siblings were both in a car near the front of the train-like seating carts. A local police chief explained that the victim slipped underneath the safety bar that was supposed to latch on top of the children and secure them into the seat.

Upon slipping underneath the latch, the 3-year old fell off the seat and into the mechanics of the ride below. He suffered serious head injuries in the fall that took his life. The general manager of the amusement park explained remorse for the accident and is working closely with authorities in the investigation.

Unfortunately, accidents involving mechanical equipment and inadequate safety protocols occur with too much frequency. These types of fatalities often result in Chicago wrongful death lawsuits. The law provides legal options to the families of those who die because of inadequate safety conditions or any other negligent acts. It is important for those who lose a loved one to come forward and assert their legal rights.

Continue reading "Boy Killed in Chicago Roller Coaster Accident" »

The Chicago Sun-Times reported this weekend on a jury verdict that was recently upheld following a 10-vehicle truck crash on Interstate 55. The massive Illinois car accident killed two area men and permanently injured a third in early April of 2004.

The accident was caused by a 40-ton tractor-trailer that crashed into three cars near the Route 30 exit in Plainfield. Following the accident the negligent truck driver was found guilty of failing to reduce speed causing an accident and falsifying her logbook to mislead investigators into believing that she was not violating the law.

The driver was sentenced to 2.5 years of probation and loss of her commercial driver’s license. Surprisingly, the license loss only lasts two years, meaning she was fully capable of returning to the road once that time was up.

The family of one of the victims filed an Illinois wrongful death lawsuit after the crash against the negligent truck company which employed the driver and the company whose materials were being transported. That case reached trial and in March of 2009 a jury found against the companies, rendering a $24 million verdict for the plaintiffs.

The defendants appealed the decision, specifically arguing that the truck driver was not the agent of the company at the time of the truck crash. However, the Illinois appellate court rejected that argument, rightly noting that the employee was an agent while behind the wheel

Continue reading "$24 Million Illinois Wrongful Death Award Upheld" »

The Consumer Product Safety Commission (CPSC) latest annual figures show that at least 124.7 million products were recalled including children’s toys, Roman blinds, and chenille bathrooms. Overall, recalled products were associated with twenty-six deaths. Product recalls for some food and drug products hit record highs last year. According to Consumer Reports, many people do not do much to protect themselves and many companies do not take the necessary strong action to make sure that their customers are informed. There are websites (such as www.recalls.gov) that allow consumers to get information about product recalls of food, drugs, cosmetics, autos, and a wide range of other products. These sites are important because most consumers do not know whether the product they are using is safe or not.

Our Chicago product liability lawyers have long hoped that the CPSC website was more user friendly for individuals to search whether they had dangerous products. Fortunately, last month, the CPSC went live with a database where consumers can search for safety information on products they own or may consider buying: www.saferproducts.gov. Reporting product safety incidents through the database is simple and easy to use. Following procedures set up by law, CPSC will review all online reports and have five business days to transmit qualifying reports to the manufacturer where possible. Manufacturers then have 10 days during which they may respond and provide comments and/or claims. At the end of the 10-day period, if all requirements are met, the report and the manufacturer’s comments will be posted on the database website.

Visit the product safety database if you are concerned about any of the products you are using.