July 30, 2011

Charges Brought after Orland Park CNA Sexually Abused Nursing Home Resident

The core feature of the World Health Organization’s definition of elder abuse centers on harms to older adults where there is an "expectation of trust" held by the elderly person toward their abuser. Devastatingly, elder mistreatment is relatively common trend.

The National Center on Elder Abuse for the United States suggests that more than 30% of all nursing homes in America allow abuse to elderly residents to occur, and the Center for Medicare and Medicaid estimates that, despite governmental regulations, more than one million nursing-home residents are subject to elder abuse.

Though these statistics are heartbreaking, what’s worse is the fact that many more cases of nursing home negligence go unreported; experts for the Center for Medicare and Medicaid have said that for every one case of abuse reported, an additional five cases are unreported. Because many residents lack full cognitive functioning, it is nearly impossible for them to report any kind of physical, emotional, or sexual abuse.

Even more tragic is the fact that statistics show that 90% of elder abuse victims know their abuser. This may mean that friends and family are the ones taking advantage of the elderly, or doctors and nurses – the people to whom caring relatives eagerly place trust for the care of their loved ones – are abusing senior citizens.

This past Tuesday, the Chicago Tribune reported on a Chicago nursing home negligence lawsuit involving a 56 year-old male Certified Nursing assistant (CNA) who was charged with the criminal sexual assault of a 93 year-old patient at a Lexington nursing home facility in Orland Park.

The victim suffered from dementia, and was unable to consent to the sexual advances made by the CNA. Because the victim lacked the mental capacity to have protected herself from the assault, she is considered disabled in the eyes of the court, and as a result, the charge is more severe. Aggravated Criminal Sexual Assault is a Class X felony, and the CNA may receive a sentence of six to 30 years in prison, if convicted.

Elder abuse affects not only the victim of this heartbreaking crime, but families and loved ones of the victims. Our Chicago nursing home negligence attorneys understand the grief and despair that accompanies a case of elder abuse. If you or a loved one have been the victim of nursing home negligence or any other form of elder mistreatment, an attorney may be able to help you determine your rights.

July 29, 2011

Chicago lawsuit report called a PR stunt

A recent study highlighting the litigation costs that the city of Chicago endured in 2010 has been called a public relations stunt by the Illinois Trial Lawyers Association (ITLA). A recent study released by a group called I-Law (Illinois Lawsuit Abuse Watch) claims that Chicago spent almost $85 million for litigation in 2010. The organization’s Executive Director announced that the city’s litigation expenditure of just under $85 million could have been better spent on other things, such as public safety, health, education, senior services, and road projects. The Executive Director claimed that the city has earned a reputation as “The City That Settles” Chicago personal injury lawsuits, rather than the “City that Works.” The Illinois Trial Lawyers Association president aptly called the report slanted, pointing out that the I-LAW is an anti-consumer group and spins very limited information into a conclusion that fits their bias. ITLA president Mr. Latherow addresses that the I-LAW study fails to mention the type of Chicago lawsuits brought against the city and instead highlights one specific case that was a lawsuit between family members.

Of course, such attacks are not new to Chicago personal injury lawyers. Tort reform groups incessantly attack consumers and protect their big corporations avoid any liability, pointing out the most egregious cases and not focusing on the facts. Statistics can be twisted to paint a picture in any way one would like. In this case, I-LAW wants to paint an unfair and inaccurate picture of the courts in Cook County and paint our neighborhood to be one replete with Chicago personal injury lawsuits. But, in fact, as Mr. Latherow pointed out, many of the Chicago lawsuits filed involving the city of Chicago are eminent domain cases, zoning and other business matters totally unrelated to personal injury lawsuits and wrongful death claims. They also neglect to account for the hundreds of lawsuits filed in response to the police torture from years ago.

Read more about the Illinois personal injury lawsuit report at the Madison Record.

July 27, 2011

Congressman’s letter to Senator highlights importance of medical safety

Iowa’s 1st District Democratic Congressman Bruce L. Braley drafted an eloquent letter to the Honorable Patrick Leahy, urging the Senator to prioritize patient safety and ensure that any medical malpractice reform in the budget discussion is focused on the most effective way to reduce medical malpractice cases in America: by reducing medical errors! Representative Braley pointed out that the most significant way to reduce the overall costs of medical malpractice is to emphasize patient safety. As we just blogged about on Monday, the WHO reported that out of every 100 hospitalized patients at any given time, seven individuals in developed countries and ten in developing countries will acquire at least one health-care associated infection. Costs associated with medical negligence claims here in the United States account for only 1.36% of all spending for health care in 207, yet by reducing the number of preventable medical errors, we can realize a major impact on public health and cost. The Institute of Medicine (IOM) reports that every single year, preventable medical errors cause the wrongful deaths of as many as 98,000 Americans.

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July 25, 2011

Going the hospital – riskier than flying? A new report out on medical malpractice

Our Chicago personal injury lawyers read a recent report issued by the very credible and recognized World Health Organization (WHO) that seems to indicate that yes, going into the hospital is far riskier than flying. The surprising statistic is due to the millions of deaths caused yearly from medical errors and infections linked to health care and being admitted to the hospital. The WHO’s newly appointed envoy for patient safety announced that “If you were admitted to the hospital tomorrow in any country… your chances of being subjected to an error in your care would be something like 1 in 10. Your chances of dying due to an error in health care would be 1 in 300.” Despite our expertise in the field, the Chicago medical malpractice lawyers were shocked at those statistics… especially in comparison with the risk of dying in an air crash of only about 1 in 10 million passengers! This report does show that health care generally around the world still has a long way to go.

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July 23, 2011

Personal injury lawsuit filed after Illinois man falls off school’s roof

An personal injury lawyer has filed a lawsuit for a client against the Cahokia School District after he sustained severe injuries to his back, right pelvis, and left hip in a fall from the top of a school roof. Cahokia is a village located in St. Clair County, located close to St. Louis. The Cahokia school district operates 9 schools in the area. The Illinois personal injury plaintiff alleges that he was working on top of the roof at 800 Range Lane in Cahokia, operated by the Cahokia School District, about a year ago when he fell through the roof. His body hit machinery as he fell and eventually landed on the school’s floor.

The Illinois personal injury victim has experienced a great deal of physical pain in addition to his actual physical injuries. Further, he has had suffering and emotional distress. Additionally, according to the complaint the personal injury victim filed last month in St. Clair County Circuit Court, the personal injury plaintiff incurred medical costs, suffered disability, lost his normal life, and lost wages. The lawsuit further alleges that the Cahokia School District negligently allowed its roof to exist in an unsafe condition, failed to maintain its roof, and failed to provide the Illinois workplace injury victim with a safe place to work. The Illinois workplace injury lawsuit further alleges that the school district failed to reasonably inspect its property, failed to warn the worker of the condition, and failed to barricade the unsafe section of the roof. The Illinois workplace injury lawsuit seeks a judgment from the Illinois school district of more than $50,000, plus costs and other just relief from the court.

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July 21, 2011

Train accident tragedy strikes Oak Forest, Illinois

Our Chicago personal injury lawyers were sad to read this afternoon about the Illinois train accident in Oak Forest, Illinois, the hometown of a member of our staff. Oak Forest is located less than thirty miles southwest of Chicago. The Rock Island train to and from Chicago passes through Oak Forest multiple times daily, making the Cook County suburb a popular location for Chicago commuters.

This afternoon, one of those commuter trains heading to Chicago was involved in a horrific train-car collision, killing two women in their eighties and sending eight passengers to local hospitals with train accident personal injuries. One passenger reported that he believed the train was going to tip over, which was what he was afraid of. All 89 passengers on board the Metra Rock Island train to Chicago, which was scheduled to arrive at 4:33 p.m., were evacuated safely.

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July 19, 2011

Workplace Accident Lawsuit Settles for $1.6 M

According to the Illinois Workers’ Compensation Commission, approximately 250,000 work-related accidents occur each year in Illinois alone. The statistics are overwhelming, and the injuries often devastating.

Recently in Wisconsin, a workplace accident lawsuit was settled for $ 1.6 million, after a former maintenance worker was injured by a manhole cover, which blew off a boiler and struck the maintenance worker in the head.

According to the Milwaukee Journal Sentinel, the accident occurred in 2009, and the corporations charged with liability were the company servicing the boiler – a company by the name of BurCon, and BurCon’s insurance company.

BurCon’s technician was negligent, which was the ultimate cause of the explosion. The boiler exploded causing the injury while the maintenance worker was following directions from a BurCon technician. Injuries included massive blood loss, traumatic brain injury, broken bones in his face, eye damage, hearing loss, facial nerve damage, and respiratory failure.

With injuries so extensive, even a large number such as $1.6 million doesn’t come as a windfall; according to the settlement agreement, about $90,000.00 has already been set aside for the worker’s future medical expenses. Without the personal injury lawsuit, he almost certainly wouldn’t have been able to cover the costs of his past and future medical bills.

Frequently these types of cases arise because of other workers’ mistakes or negligence, working in an unsafe work environment, failures on the part of people in supervisory positions to ensure safe surroundings in the workplace, and many other reasons.

Currently, our Chicago personal injury attorneys are handling a case in which an employee of the Cherry Valley, Illinois farm failed to exercise reasonable care while operating an auger to unload grain. That employee’s negligence caused severe injuries to our client’s right hand, which required multiple extensive surgeries, and continuing ongoing therapy.

Workplace injury is a serious matter. With so many cases occurring in Illinois each year, is essential for employers to maintain safe working environments, and for workers to follow proper safety procedures. When a worker is injured because of someone else’s negligence, it is important for victims to seek justice, not only to recover damages, but also to motivate employers to change their practices to avoid future litigation. If you or a loved one have been injured in an incident at work, an attorney may be the right person to help you determine your rights.

July 18, 2011

Assault Death at Glenview, Illinois Nursing Home Under Investigation

A nursing home resident at Maryhaven Nursing and Rehabilitation Center died in early July, and this past Friday, Glenview police ruled the 86-year-old’s death a homicide. The Chicago Sun Times reports that the resident’s fatal brain injuries were the result of a nursing home assault by another resident. The incident occurred in the nursing home’s dementia unit that handles residents with Alzheimer’s disease and dementia. According the Maryhaven’s website, the facility is participating in a study to improve care and the quality of life for people living with dementia.

Although the exact circumstances surrounding this assault are unclear and not reported at this time, both the police and the Illinois Department of Public Health are investigating. However, under the Illinois Nursing Home Care Act, facilities have an obligation to protect the safety and well-being of residents under their care. Unfortunately, many facilities operate at minimal staffing levels to save money, making it difficult for workers to provide the level of care necessary for elderly residents who are often battling complex health conditions.

We know that when nursing home staff members fail to properly supervise residents, a multitude of injuries and accidents can occur. Our Chicago nursing home lawyers have represented residents who suffered fatal injuries in nursing home falls because staff failed to provide proper supervision. We have also handled cases in which residents were left unsupervised and allowed to wander outside of the facility, including a case we settled for $950,000 for the family of an 85-year-old woman with dementia who wandered outside a nursing home and froze to death because of lack of supervision.

In this Maryhaven nursing home incident, the victim’s death was a result of abuse by another nursing home resident. Although the home is still trying to investigate the circumstances surrounding the victim’s death, we know that many of these resident-on-resident attacks can be prevented if a nursing home has properly trained staff sufficiently supervising all residents. We have represented families in cases such as this, including a case where an elderly resident was beaten to death by another resident. Illinois nursing home neglect lawyer Steve Levin helped the victim’s family settle the case with the home for $1.3 million.

When nursing homes in Chicago and throughout Illinois fail to properly supervise residents or maintain a safe environment for the people under their care, injuries or death may occur. When these tragic accidents occur, victims and the families of those wrongfully killed have the right to take action to hold all negligent nursing homes accountable for their failures. Illinois nursing home lawsuits compensate victims for their injuries or the loss of a loved one, but they also create awareness around the epidemic of nursing home abuse and neglect and send a message that families will not stand for substandard care. They also motivate negligent nursing home to change their policies and procedures to avoid future lawsuits.

July 17, 2011

Aurora man killed after workplace accident

Just like avoidable car accidents, our Chicago personal injury attorneys are always disheartened to see deadly Illinois workplace accidents that should have been prevented. Work environments should be safe, but the Southtown Star reported that for one 35 year-old Aurora man, the workplace was a deadly environment. This young Illinois man was killed in the South Suburbs this past week during an Illinois workplace accident. He was killed Wednesday in a workplace forklift accident at a Mokena landscaping business. He was pronounced dead before 8:00 AM at Silver Cross Hospital in Will County, Illinois from multiple injuries. The workplace accident occurred at Brickman Landscaping in Mokena where the Illinois victim had been moving equipment with a forklift. The vehicle flipped over and ejected the Illinois victim and then landed on him. The police reported that they turned the case over to the federal Occupational Safety and Health Administration, which investigates workplace accidents.

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July 15, 2011

Car trying to pass kills Illinois tractor driver

Our Chicago car accident lawyers encounter a lot of sad incidents of wrongful death resulting from Illinois car accidents, but the ones that could have been prevented simply make us incredibly sad. The Chicago Tribune reported on one such case this week. The Illinois car accident happened when a 66-year-old Illinois man was driving his tractor in an unincorporated area near Harvard, Illinois at around 11:00 AM. The 66 year-old man was ejected from his McCormick Farmall tractor as he was making a left turn after being hit by a 2006 Ford Taurus whose driver was trying to pass the tractor. The Illinois car accident victim was sent to the hospital, where he died. The other driver received no personal injuries.

Passing another vehicle is always dangerous and passing an individual so vulnerable in a tractor is even more so dangerous! The Illinois Rules of the Road, published by the Illinois Secretary of State, warns that a driver “must use caution when passing another vehicle.” On a two-lane highway, the left lane is supposed to be clearly seen and free of oncoming traffic for a distance great enough to permit passing. You are allowed to pass on the right of a vehicle when the car has enough room on a two-lane roadway and the vehicle that you are passing is about to make a left turn, like the Harvard car accident victim was.

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July 13, 2011

Trial by jury: an integral "check" on our system

A recent editorial by Ken Connor published in the Center for a Just Society delved into a heavy and interesting topic – the public opinion of jury trials following the acquittal of Casey Anthony in the murder charge of her child. As Mr. Connor pointed out, many of those individuals who watched the trial on TV and were not constrained from taking into consideration the mounds of inadmissible evidence or the overwhelming public sentiment against Ms. Anthony have been audibly critical of the jury’s verdict. The indignation of TV personas Nancy Grace and Bill O’Reilly have loudly shared the sentiment of those feeling that the not guilty verdict represents a gross miscarriage of justice.

As Chicago personal injury lawyers, our attorneys are frequently defending our nation’s right to a jury trial. Cases like this one call the value of trial by jury into question for some people. But, some critics need to take some important points into consideration. Here, in our great country, an accused wrongdoer is presumed innocent and the burden lies on the prosecution to prove guilt beyond a reasonable doubt. Where Chicago medical malpractice lawyers are concerned, the plaintiffs must prove liability by a preponderance of evidence. The jury, unlike those of us who just play jury by watching television, is not permitted to consider evidence that does not reach a certain level of reliability and they are not permitted to take into account matters outside the evidence. They cannot discuss the case amongst themselves or even form an opinion about the case until all of the evidence is in. Once the evidence is in, they cannot discuss the case with anyone other than their fellow jurors. If any reasonable doubt exists about the crimes charged, they cannot convict. The charges must be proved beyond a reasonable doubt.

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July 12, 2011

Chicago Injury Lawyers Obtain $4.5 Million Settlement

Last Friday, Chicago personal injury lawyers Jeffrey Martin and John Perconti received a $4.5 million dollar settlement for our client in a Cook County medical malpractice case. The case was settled with a fertility clinic and involved a failure to diagnose adrenocortical cancer in our 19-year-old client.

At the time of the misdiagnosis, our client had just begun college. Her menstrual cycles became irregular, she began gaining weight and her mood changed, so she went to an Illinois fertility center to see an endocrinologist. Her doctor diagnosed her with polycystic ovary syndrome even though he did not examine her or rule out cancer or Cushing’s syndrome. She received treatments for polycystic ovary syndrome for 14 months, and when our client noticed new symptoms, her mother talked about these changes with nurses at the center. Unfortunately, the nurses did not tell her endocrinologist about these changes, nor did they document them, and her adrenal cancer continued to go untreated. Because of this failure to diagnose cancer in a timely manner, our client's true condition was not treated for more than a year.

When a patient is faced with cancer, time is of the essence, and this lapse in treatment allowed our client's cancer to progress to a Stage 4. Because of the misdiagnosis and delayed diagnose of cancer, it metastasized to her liver and her lungs, making her prognosis much worse than if she would have been properly diagnosed when she first visited the fertility center. The settlement will never make up for our client's emotional stress and shortened lifespan, but it will help her with past and future medical expenses so she can continue to undergo chemotherapy and treatments.

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July 11, 2011

Medical malpractice damages caps still cause concern

Our Chicago medical malpractice lawyers hear a lot of talk about the “need” for medical malpractice lawsuit damages caps, which we consider as an absolute detriment to justice. We were happy to see an article revealing the real effects of medical malpractice damages caps. One medical malpractice lawyer recalled an interesting case that he was handling in a state with medical malpractice damages cap. The defendant doctor in the medical malpractice lawsuit had removed a boy’s colon instead of his spleen. The boy had a genetic disorder that was causing his spleen to limit his body’s red blood cell production. After his colon was mistakenly removed, surgeons had to attach the medical malpractice victim’s large intestine to his rectal stub. The surgeon who made the medical mistake was actually never sued. They never saw a courtroom. The surgeon was never given the opportunity to defend himself or herself and the victim was never able to see a courtroom. Instead, an insurance company simply handed the family of the victim $500,000. That is the maximum the family would have been able to receive if it went to court, given the state’s cap on non-economic damage awards in medical malpractice lawsuits.

As aptly described by the boy’s medical malpractice lawyer, the law limiting medical malpractice damages has succeeded only in giving bad doctors slaps on the wrists for committing malpractice, while also increasing insurance company profits by limiting their damage awards to victims of those same bad doctors. Proponents, as we are aware, allege that the law drastically reduces medical malpractice insurance premiums for doctors. According to a 2010 insurance commissioner report, the state averages 273 medical malpractice claims per year, down a mere 7 from 280 in 2008.

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July 10, 2011

Chicago 911 operator dies after fugitive hits her vehicle in Bucktown

Our Chicago injury lawyers read an article that the Chicago Tribune reported today about a 42 year-old 911 operator who was killed in a a Chicago car crash while driving home from work. The person who hit her vehicle was fleeing from the police in a stolen luxury SUV when he hit the woman’s vehicle in the Bucktown neighborhood of Chicago. The deadly Chicago car accident happened shortly after 6:00 a.m. near the intersection of Armitage Avenue and Hoyne Avenue. The accident victim was pronounced dead less than an hour later at Advocate Illinois Masonic Medical Center.

The driver of the stolen SUV was stopped at Blackhawk Street and Elston Avenue after the driver blew through a red light. After police stepped out of their vehicle, the suspect in the SUV reversed the car and struck the car of a police supervisor who was on the scene. The suspect then fled the scene in the vehicle. Chicago police officers followed the SUV, which was later reported stolen, as the suspect blew threw another stop sign and then struck the 911 operator’s vehicle when the Chicago car crash victim was traveling westbound on Armitage, only slightly over a mile from the original police stop.

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July 8, 2011

Pop star postpones Chicago show due to food poisoning

Pop star Katy Perry’s Chicago concert at the Illinois Allstate Arena has been postponed due to an attack of food poisoning leading to severe dehydration. The Chicago Tribune reports that the Chicago show has been rescheduled to late next month and all tickets purchased will be honored. Perry stated that she apologizes to all of her Chicago fans for not being able to perform this weekend, but she promised to give the very best show when she returns to Chicago.

According to 2010 estimates by the Centers for Disease Control and Prevention (“CDC”), 48 million people are sickened yearly by a foodborne illness. Even worse, over 125,000 people require hospitalization and 3,000 die yearly after consuming contaminated fruits, vegetables, meats, nuts, and processed foods in restaurants or in their homes. While many items may cause foodborne illnesses, the leading pathogenic causes of serious illness or death due to foodborne illness include E. coli, salmonella, norovirus, listeria, clostridium perfringens, and hepatitis A. The indications of a foodborne illness vary based on the source, but victims can suffer nausea, cramping, abdominal pain, and diarrhea. These food poisoning symptoms can lead to severe dehydration, which affected the pop star Katy Perry causing her to miss her Chicago concert. Older people, infants, and chronically sick people are more often affected by the food poisoning. In some cases, women have been shown to be more prone to show symptoms of food poisoning.

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July 7, 2011

Chicago May Ban Crib Bumpers to Prevent Infant Suffocation

According to the Chicago Tribune, City Council will consider an ordinance today that would ban the sale of bumper pads for children’s cribs. This comes after an investigation by the paper found a number of children died after suffocating on bumper pads. Our Chicago personal injury lawyers support this ban and hope that it will help prevent future deaths among infants and small children.

According to a Washington University School of Medicine study that appeared in The Journal of Pediatrics, the risk of injury or death from using crib bumper pads is greater than the benefits. These pads were originally designed to prevent children from falling out of cribs or getting their heads caught between slats, however subsequent regulations required manufacturers to design cribs so that the spaces were small enough to prevent children from falling out. Despite these changes, many people continued to use bumpers even though they were no longer needed.

Accidental injuries to children and death can occur from suffocation, strangulation or when a child becomes wedged in between the pad and side of the crib or mattress. Since young babies cannot roll-over or release themselves from these constraints, they are likely to suffocate.

Last December, Illinois Attorney General Lisa Madigan warned parents of the dangers of crib bumpers and recommended that families stop using them to reduce the risk of accidental suffocation or strangulation. We hope that if passed, the Chicago ordinance will help to raise public awareness further surrounding the dangers associated with bumper pad use. We also hope that other cities will follow suit and introduce similar bans.

In the meantime, our personal injury attorneys recommend that parents, grandparents, and all infant caregivers take steps to prevent these accidents from happening in the first place. We suggest that if you are currently using bumper pads, you should remove them from your child’s bed immediately. Since they serve no purpose and offer no protection to babies in cribs designed after the seventies, it is best to remove them to help reduce your child’s risk for suffocation, strangulation, or other serious personal injuries.

July 5, 2011

Injury Lawyer Alert: U.S. Chamber of Commerce continues to attack our courts

Illinois Trial Lawyers Association (“ITLA”) President Jerry A. Latherow recently responded in the Chicago Tribune to U.S. Chamber of Commerce commentary on McLean County, Illinois. Mr. Latherow addressed that the U.S. Chamber of Commerce is again attacking our Illinois courts, now setting the sights on McLean County. Our Chicago personal injury lawyers join Mr. Latherow in reminding readers that the U.S. Chamber has previously bred hostility for the courts in Cook, Madison, and St. Clair counties.

For our readers who are not aware, the U.S. Chamber of Commerce is funded behind the scenes by a “who’s who” of big business, hiding behind a seemingly innocuous title. It should not be confused with your local Chamber of Commerce; its funded by tobacco, big oil, insurance, pharmaceutical companies, and other big business. These corporate special interests are upset that they cannot dominate the judicial system in Illinois. So, every year, they spend millions of dollars provided by these big businesses, such as tobacco companies, waging public relations campaigns in our Illinois counties. They advertise with the intentions of generating negative sentiment for our courts, intimidating the judiciary and prejudicing jury pools. As ITLA President Mr. Latherow states, the U.S. Chamber of Commerce is attempting to craft a perception that the Illinois judicial system is too friendly toward plaintiffs and too open to abuse. But we, those of us who actually practice law and live in Illinois, should know better than these corporate interests, because nothing is further from the truth.

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July 4, 2011

Personal Injury Lawsuit Filed Against Negligent Midwife

Earlier this month, our Chicago personal injury lawyers read an article in the Sun Journal that reported on the conclusion of an birth injury lawsuit that was filed by a family following problems during the birth of their daughter. The lawsuit alleged that a midwife was negligent in her duties during the delivery, which lead to the young child suffering a series of permanent injuries.

The girl is now 10 years old and suffers from a rare genetic disorder known as Kabuki Syndrome. That already damaging medical issue was complicated by the mistakes made during her delivery. Lawyers for the girl’s family explain that the child suffered various problems because of a lack of oxygen to her brain during childbirth. They suggest that the midwife should have known that problems were developing that needed injury when the fetal monitor indicated that there was a problem. As a result of the error, the victim has severe mental retardation, is confined to a wheelchair, and requires a feeding tube to survive. The young girl is also blind and cannot verbally communicate.

Several years ago the midwife was ensnared in a similar lawsuit. That case involved the birth of a 5-year old who was born with cerebral palsy. As in the most recent case, the child suffered injury because of a lack of blood and oxygen to his brain. In each of these cases, the midwife should have recognized the signs of fetal distress and recommended an emergency Cesarean section. The family sued followed the mistake and the jury awarded them $6.71 million.

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July 2, 2011

Injured Illinois Woman Files Suit against Retirement Community

Recently, The Madison Record published an article detailing a pending Illinois personal injury lawsuit. According to the report, in the complaint filed with the court by her personal injury attorney, the woman alleges that she incurred severe injuries upon entering a Highland, Illinois retirement community. Due to a gaping four foot hole located in the floor, the plaintiff sustained injuries to both of her legs when she fell into the unmarked opening.

In addition to the physical injuries she sustained, the plaintiff is also seeking relief for the lost wages she incurred from her inability to work, medical costs, mental and physical pain, as well as, disfigurement that resulted from the injury. The woman states that the retirement community and the mechanical crew who created the hole both acted negligently in their failure to provide proper warning signs, in addition to, failure to prevent entry into the location of the hole. The plaintiff is seeking a $250,000 judgment for the total damages.

Unfortunately, these types of Illinois premises liability are extremely common. Last year, our Illinois injury attorneys settled a similar case in which a 91 year old woman sustained debilitating injuries from a fall as a result of a large parking lot hole. The woman required extensive surgery and rehabilitation for her broken hip that resulted from the fall. In both of these cases the property owners acted negligently by failing to maintain property conditions, in addition to, failure to provide proper warnings of hazardous conditions.

Property owners are responsible for maintaining a safe environment, or warning people when an unsafe area exists. When they fail to do so and someone is seriously injured or killed, victims have the right to seek justice, as well as fair and reasonable compensation for lost wages, medical expenses, as well as, physical and emotion suffering. Lawsuits also send a message to property owners that unsafe conditions will not be tolerated, thereby helping to make businesses, residential communities, and other public places much safer for others.

July 1, 2011

Chicago Injury Lawyer Alert:Candle Gel Burn Caused By Dangerous Product

Last week brought news of a new product recall as a series of fuel gels used to light candles has been pulled from shelves of a variety of stores across the country. The recall came just days after Illinois Attorney General Lisa Madigan had warned residents that the gel posed too high a risk of causing an Illinois burn injury. Our Chicago personal injury attorneys hope to get the word out about these potentially dangerous products.

After more reports of accidents began rolling in, the Consumer Product Safety Commission (CPSC) recalled the fuel gel sold by Napa Home & Garden Inc. The gels are poured into firepots and then used as candles—usually to keep away insects while outdoors in the summer. The CPSC ordered that the products be taken from shelves after receiving news of at least 37 accidents involving 23 burn injuries related to the product.

The CPSC also opened up an investigation into the matter. The product is new and only recently on shelves, and so it is important for the body to better understand the specific risks posed. The gels and firepots were previously found at a variety of stores including Bed, Bath & Beyond, Target, Meijer, and others.

The Decatur Tribune explains that after spreading news about the recall the Attorney General explained, “Illinois consumers should immediately stop using fuel gels in light of today’s recall. […] Fuel gels have proven to be extremely dangerous, in particular because consumers have been largely unaware of the product’s burn risk.”

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