Illinois Injury Lawyer Blog

September 24 of this year, a female patient at Alta Bates Summit Medical Center in Oakland, California, died due to what the hospital has called a “medical error” that occurred while a replacement nurse filling in during a labor strike was treating her.

Medical errors are defined as preventable adverse affects of care, whether or not the mistake causes harm to the patient. Examples of medical errors include inaccurate or incomplete diagnosis or treatment of a disease, injury, or other ailment. In 2000, the Institute of Medicine estimate that medical errors result in 98,000 preventable deaths and 1,000,000 excess injuries each year across the country.

According to the San Francisco Chronicle, the nurse gave the woman a fatal dose of medication. Though officials believe the medication error was an accident, the nurse was taken in for questioning by the Oakland Police Department, and an internal investigation is under way at the hospital.

The incident occurred while most of the hospital’s usual staff was locked out of the hospital after a one-day strike the Thursday prior. Following the strike,
Sutter Health, the company that operates the Alta Bates Summit Medical Center in Oakland, hired replacement nurses on five-day contracts. As a result, the nurses who participated in the strike were locked out of the hospital until the temporary contracts expired on September 27.

As per the San Francisco Chronicle’s report, as many as 23,000 nurses at 34 hospitals across Northern and Central California participated in the strike. Subsequently, union officials filed a complaint with California’s Department of Public Health, alleging that a number of the replacement nurses lacked the proper certification for the jobs they were doing

Ann Demoro, executive director of the California Nurses Association-National Nurses United, has said that replacement nurses often have less experience and less familiarity with the hospitals than the standard nurses. Temporary nursing staff are required to maintain all the appropriate certifications, but accidents such as this one occur when the replacement nurses are unfamiliar with their surroundings, or haven’t had nearly enough practical experience to be properly qualified.

The victim’s family may be entitled to file a medical malpractice lawsuit against both the nurse who was responsible for the misadministration of medication, as well as the hospital, who bears responsibility for her actions. In cases such as this, the hospital has the obligation to ensure that nurses it employs are adequately proficient, and has the duty to supervise the work of all employees.

When the treatment provided falls below the accepted standard of care in the medical community and causes either injury or death to a patient, healthcare providers and the hospitals supervising them are liable. Our Illinois medical malpractice attorneys have handled numerous cases similar to this case, and have the diligence and understanding required to fight for their client’s rights. In fact, our malpractice lawyers obtained a $17.7 million Illinois medical malpractice settlement for a patient who suffered a life-altering brain injury due to nursing staff negligence at a Chicago hospital.

If you or a loved one have been harmed because of an error in nursing negligence, please contact an attorney immediately to better understand your rights.

Our Chicago litigation attorneys know that Illinois medical malpractice cases can arise based on negligent actions health care providers take, but also when doctors and hospital workers fail to take action as well.

After a tragic series of events earlier this month, a Chicago family is left devastated after their seven year-old son died suffering an asthma attack. According to ABC News, the young boy was taken to three different hospitals in the 11-hour span following his attack, and the lack of proper care contributed to cause his death.

Asthma is a common chronic inflammatory disease of the airways that gives its sufferers trouble with respiration, and often appears in the form of short, yet serious, fits in which the patient has exacerbated difficulty breathing.

The boy, who regularly suffered from asthma, had the asthma attack at his suburban home earlier this month. His parents initially took him to St. James Hospital in Olympia Fields, where they were told that the hospital did not have the proper equipment to treat his condition. Instead, the hospital transferred him to St. James Hospital in Chicago Heights, where he was hospitalized for almost eight hours.

Nevertheless, St. James Hospital in Chicago Heights ultimately determined that they, too, lacked suitable tools to treat the boy so he was transferred once again to St. Joseph’s Hospital in Joliet; according to ABC News the trip is a 45-minute stretch in Chicago rush-hour traffic, and there are numerous hospital facilities much closer to which he could have been transferred.

Allegedly when the ambulance team arrived for the victim’s final transfer, they found him to be extremely unstable, and questioned whether he should be moved at all.

During the ambulance trip to St. Joseph’s Hospital in Joliet, the boy’s respiratory system shut down. Although paramedics tried to insert a breathing tube it didn’t work, and the boy was pronounced dead at the hospital in Joliet. ABC News discloses that a nurse's narrative stated that the boy’s last words were, "I am tired of breathing."

In Illinois medical malpractice cases there is what is known as the doctrine of Lost Chance. The Lost Chance rule allows families of victims to recover when a healthcare provider’s negligent actions or lack of actions deprive a patient of either the opportunity to get better or to avoid future harm. Doctors and nurses are under a duty to do their best to care for their patients, and when they negligently or recklessly create a situation that leaves the victim worse off, they can be held liable.

That seems to be the case in this unfortunate set of circumstances. Instead of keeping the young boy in a stable hospital environment or planning to transfer him to a nearby hospital, health care workers deprived him of the chance to be treated and make a full recovery from his asthma attack. In situations like this, the results can be devastating.

Our Illinois personal injury attorneys understand how devastating it is to lose a loved one as a result of another person’s negligence. If you have suffered as a result of negligent treatment by a nurse, doctor, hospital, or other health care provider, an attorney may be able to advise you of your rights under the law.

Attorneys from Levin & Perconti have just settled two large Illinois nursing home negligence cases against ManorCare Health Services. In both cases, elderly patients of ManorCare in South Holland, Illinois suffered bedsores as a result of the facilities being understaffed, and negligence on the part of nursing home workers. “This negligence caused our clients’ conditions to deteriorate, and forced them to endure significant pain in their final years,” said attorney Steve Levin.

Bedsores, also known as pressure ulcers, are often-fatal sores that are frequently caused by unrelieved pressure when an individual remains in the same position for an extended period of time and blood is allowed to pool under the skin. The lesion will initially appear as a red, painful area which ultimately may turn purple; if left untreated and allowed to worsen, the skin may tear open and become infected.

Bedsores are preventable, but when they do occur, they generally occur on bonier parts of the body such as the sacrum, elbows, knees, and ankles. They sometimes arise as a symptom of malnutrition, and if found early, they can be treated. Nursing homes and hospitals generally have programs in place to prevent the development or worsening of bedsores in bedridden patients, but when nurses and caregivers are negligent, the victims suffer greatly.

The totaled $1.75 million verdict came from two separate lawsuits brought by the families of victims who developed severe pressure sores because staff at ManorCare failed to provide adequate care. The first settlement for $1 million was approved earlier this month, and the second settlement was approved last week for $750,000.

The initial $1 million settlement was won on behalf of the family of an 80 year-old resident who, during her five-month stay, developed multiple infected pressure sores which contributed to cause her death nearly two years after she was first admitted to the facility. The Illinois nursing home negligence lawsuit alleged that, in addition to failing to prevent or properly treat the elderly woman’s bedsores, the staff caring for her engaged in false charting, drug abuse and negligent hiring.

The second settlement was reached for the family of an 82-year-old woman who entered the nursing home for rehabilitation purposes and was expected to return home. Instead, during her admission to ManorCare she developed a necrotic pressure sore that required surgery and took over two years to heal. She also became malnourished and immobile. After six weeks, the victim’s family moved her out of the facility, but she was unable to ever fully recover from her injuries caused by neglect at the South Holland facility.

“During our investigation, a former wound care nurse testified that during the time of our client’s admission, the facility was understaffed and unable to provide adequate care to residents. If staff complained or raised concerns with the Illinois Department of Public Health, they were reprimanded by their superiors,” noted Levin. “Due to insufficient staffing, the nursing staff could not deliver proper care to residents. The wound care nurse testified to witnessing many residents lying in their own urine or feces and residents with pressure sores not being turned or repositioned.”

In cases like this, Chicago personal injury lawsuits may be filed to help cover the costs of medical expenses incurred as a result of the healthcare provider’s negligence, and to compensate the families of the victims for the time lost with their loved ones, as well as the pain and suffering the victims experienced prior to death. But perhaps more importantly, these cases serve to expose negligent practices on the part of hospitals and healthcare providers. "The victims’ families filed lawsuits to draw attention to the problems at ManorCare South Holland, with the hopes of preventing this from happening to future residents,” said Levin. “Our clients’ cases illustrate that there were serious systemic issues at the facility.”

Illinois nursing home negligence cases and Illinois personal injury cases can be absolutely devastating both physically and emotionally. Levin & Perconti is a nationally renowned law firm concentrating in all types of personal injury, medical malpractice, and wrongful death litigation. If you or a loved one have suffered as a result of a negligent healthcare provider, contact an attorney immediately to better understand your rights under the law.

Our Illinois personal injury attorneys were interested to learn that one of the highest medical malpractice verdicts in the history of the United States was awarded earlier this month.

On September 16, a Pennsylvania woman was awarded more than $23 Million by a Lehigh County jury. The 55 year-old victim had brought a lawsuit against St. Luke’s Miners Memorial Home Care after a neglected infection led to a double leg amputation as well as a finger amputation.

The Lehighton woman had originally been admitted to the hospital’s care for treatment with complications related to Chrohn’s Disease, but when a nurse failed to notice and failed to report a bacteria-infected catheter, the woman almost died from the infection as it spread throughout her body. Nevertheless, as a result of the deadly contagion, the woman had both of her legs amputated below the knee, as well as a finger from her left hand.

The trial took all of seven days, and the medical malpractice verdict came back as one of the highest ever in the country. The jury found that the nurse’s negligence, as well as the nurse’s employer, St. Luke’s Miners Memorial Home Care’s negligence, ultimately led to the need for amputation. In Illinois medical malpractice cases a hospital or employer can be found to be liable for improperly training or supervising the nurse to ensure that he or she performs his or her duties. Had the hospital taken the steps to make sure that the victim received the proper care, the woman would not have had to undergo the amputations, the lawsuit alleged.

The victim was awarded $23.12 million for medical expenses, lost earnings and damages for pain and suffering. This case provides a fantastic example of the fact that, in medical malpractice lawsuits where the wrongdoing has been especially egregious, juries occasionally bestow large-scale verdicts in favor of the injured party in order to send a message to negligent healthcare providers.

Unquestionably the woman’s injuries and permanent disability and disfigurement merited a large damage award, but the amount conferred went beyond payment of her medical bills. Indeed, the lead attorney on the case said in announcing the verdict that the victim “hopes that the verdict will result in St. Luke's redoubling its efforts to help prevent catheter-related bloodstream infections in the home-care setting.”

Our Chicago personal injury lawyers understand how difficult medical malpractice cases can be, and understand the emotional and physical pain that they entail. Although cases that result in $23 million verdicts are relatively rare, our attorneys did win a $17.7 million medical malpractice settlement for a former police officer who suffered a life-altering brain injury due to nursing staff negligence at a Chicago hospital, and a record high $14 million verdict against a doctor and hospital for not following and ignoring abnormal chest X-ray results, which caused a substantial delay in the diagnosis of lung cancer.

If you or a loved one have been the victim of medical negligence, contact an attorney immediately to better understand your rights.

Our Illinois personal injury lawyers read with horror that on October 8, 2010, a Tangipahoa Parish, Louisiana man watched his father fall more than 40 feet to his death.

According to the Louisiana Record, the two were employed by a Louisiana construction company, and were working on St. Michael's Church in Convent, Louisiana, when the man fell 42 feet after attempting to climb the site's defective scaffolding.

The surviving son who witnessed his father’s death, along with his brother, has filed a wrongful death lawsuit against Paramount Scaffold Gulf Region Inc., the company who constructed the scaffolding on the job site. The lawsuit alleges that the scaffolding was improperly erected, and that the company failed to provide the man with safety lines.

In general, owners and operators of construction sites have the responsibility to maintain safe premises, and if they fail to do so, can be held liable for injuries that occur on the site. Premises Liability Law is the body of law that holds a person responsible for injuries that occur on his or her property. However, in this case, what is more pertinent is Product Liability Law, which holds corporations responsible for defects that occur in the products they manufacture and distribute to the public. As a result, in this situation the surviving victims have the right to file suit against the scaffolding company’s owners and operators because, by failing to provide and maintain safe provisions, the owners and operators are responsible for the death caused by the faulty scaffolding.

The case was originally filed in St. James Parish District Court in Louisiana, but has subsequently been removed to federal court in New Orleans. The defendant company is facing a number of charges in the claim, including
• negligence in constructing the scaffolding in an unsafe manner;
• failing to properly inspect the scaffold or its parts for defects or hazards;
• failing to repair any defects or hazards of the scaffolding;
• failing to comply with industry safety standards in construction of scaffolding;
• failing to adequately warn users of the scaffolding's defect in construction; and,
• failing to provide safety lines to the workers.

The sons of the victim are claiming that all of these alleged acts on the part of the defendant scaffolding company either caused, or contributed to cause their father’s death. They are seeking damages for wrongful death, and the loss of their father’s companionship, as well as court costs. The son who witnessed his father’s death is also seeking damages for physical and mental anguish as a result of having been forced to watch his father’s death.

Our Illinois personal injury attorneys understand that wrongful death cases can be emotionally exhausting and devastating for the survivors of the victims, and they fight tirelessly for their client’s rights.

Our attorneys won a $5.7 million settlement for a 27-year-old Joliet, Illinois roofer who was paralyzed in a workplace accident when he fell from a roof as a result of the general contractor's failure to provide appropriate safety devices. Additionally, our Chicago injury lawyers acquired a $1.2 million premises liability settlement for a Mundelein handyman who was seriously injured while working for the defendant. The defendant was aware of the unsafe conditions on her property but failed to remedy the conditions or warn or prohibit the plaintiff from accessing the area.

If you have a loved one who was injured or killed in a workplace accident, contact an attorney immediately to better understand your rights.

Our Illinois personal injury attorneys recently read about a lawsuit filed earlier this month against a casino in Alton, Illinois. The Alton Gaming Company is the owner and operator of the Argosy Casino in Alton, and a woman has claimed that she slipped and fell in a pool of water that was on the floor of the women’s restroom in the casino.

At the time of her fall, the woman was a customer at the casino. According to the Madison St. Clair Record, the woman sustained serious, permanent injuries from the fall, and was unable to go to work for a period of time after the incident. She is claiming damages for the pain and suffering, as well as medical costs, care for a permanent disability caused by the fall, and the amount of lost wages from being unable to work after the fall.

As a general rule, owners and managers of properties are responsible for maintaining safe premises, and when they do not, they are liable for any injuries that occur on the properties due to their negligence. This is especially true when the owners of the premises invite people onto the property, as the Argosy Casino did when it opened its doors for customers. This body of law is known as Premises Liability Law, and it entitles the woman in this case to maintain an Illinois personal injury lawsuit against the casino.

The case, filed in the Madison County Circuit Court, alleges that the Alton Gaming Company failed to safely operate the premises in that it allowed the hazard to exist. Additionally the suit alleges that the owners and operators of the property failed to either erect barriers around the pool of water, clean it up, or warn customers of the water on the floor. In essence, the casino, through its employees, had the duty to make sure that no such hazards were present, and they negligently failed to do so.

Our Chicago personal injury lawyers have handled many premises liability cases, and are extremely familiar with the intricacies of Premise Liability Law cases. Our attorneys won an $850,000 settlement for the family of an 88-year-old Chicago man who died after suffering serious injuries from a fall at a Jiffy Lube service center.

Additionally, our Illinois injury attorneys acquired a $225,000 premises liability settlement against a municipality, on behalf of a 79-year-old client who tripped and fell on an uneven sidewalk. Because of the fall, the client suffered a shoulder fracture, which ultimately required the surgical insertion of a shoulder prosthesis. Prior to our client’s fall, other residents had asked the defendant town to repair the sidewalk and nearby sidewalks in the subdivision, but the Village failed to make the repairs to this sidewalk.

Premises liability can find companies, people, and towns liable for injuries that occur when the respective defendants fail to keep their property safe. If you or a loved one have sustained an injury because of unsafe conditions on another’s property, a lawyer will be able to advise you of your rights.

Steven M. Levin is representing Camille Robinson in the investigation of Kevin Robinson’s death on April 4, 2011. Camille, former wife of the Chicago police officer, is the executor of his estate and guardian of their two children, Cidney, 15, and Kyle, 13.

The father of two was a 15-year Chicago police veteran. After inhaling fumes from an aerosol-sprayed cleaning chemical at the Chicago police station at which he worked, the 42 year-old was admitted to the hospital for breathing problems. He was placed in a medically induced coma, and died in early April. Autopsy results from the Cook County Medical Examiner’s office, released September 20, stated that Robinson had died of a lung illness from inhaling the toxic fumes, and ruled his death an accident.

“We are launching a thorough investigation to find out what happened, and to determine who is responsible for this unimaginable tragedy,” said Levin. “Camille has retained our firm to take whatever action is necessary in the best interest of her children.”

Related Links:

Chicago Tribune: Autopsy: Fumes Killed Chicago Police Officer

Chicago Sun Times: Cop’s Death Blamed on Cleaning Supply Fumes Sprayed at Station

Punitive damages seem to be at the center of the tort-reform debate, but they are rarely properly understood. Punitive damages are awards given in a civil or tort case that are intended to send a message to the defendant – and others engaging in similar conduct – that the defendant's behavior is unsafe or inappropriate.

The legal system is one of the most important ways that society is able to promote public safety, and our Chicago personal injury attorneys understand that punitive damages are an integral part of this process.

Punitive damages are awarded very rarely, but juries or judges may choose to include them in a verdict. There is no maximum dollar amount of punitive damages that a defendant can be ordered to pay. Although the purpose of punitive damages is not to reimburse the plaintiff for his or her injuries, but rather to punish the defendant for wrongdoing, the plaintiff may receive all or some of the punitive damage award. Sometimes a portion of the award may go to charity, or to help other victims who have been injured in a similar manner as the defendant. Nevertheless, punitive damages are only awarded in special cases where the defendant’s conduct was especially egregious or hazardous.

Sometimes punitive damages may be awarded when other aspects of the verdict in an Illinois personal injury lawsuit don’t seem to be enough of a remedy to compensate the plaintiff. This, however, has sparked a lot of debate. When multi-million dollar lawsuits are publicized in the media, punitive damages get criticized because many feel that the extra award is excessive.

In response to this allegation, the Center for Justice and Democracy has taken a stand. In a recently-released statement, the Center for Justice and Democracy has said that having the availability of punitive damages is “critical in the fight against reckless corporate behavior.” According to the Center for Justice & Democracy’s Executive Director, Joanne Doroshow, the importance of punitive damages comes from their “signaling to big companies that the financial consequences of acting recklessly can be severe.”

So where does the controversy stem from? Many lawmakers argue that punitive damages should be capped because they provide what these legislators sometimes term as excessive awards. Nevertheless, these policymakers fail to take into account both the fact that punitive damages serve a very important function in society, and the fact that they are relatively rare. According to the Center for Justice and Democracy’s report, “punitive damages are rarely sought and rarely awarded (5 percent of civil cases, 3 percent of tort cases with plaintiff winners). Most punitive damage awards are quite modest ($64,000 median in civil cases; $55,000 median in tort cases).”

The reason we hear about big verdicts, then, is because the message sent to the wrongdoers reaches far and wide. We only hear about large verdicts, and the media never reports smaller wins.

Our Chicago personal injury lawyers understand the physical and emotional suffering that comes with an injury or wrongful death caused by another. They have handled many cases in which punitive damages were used to send a message to large corporations that they cannot continue to engage in dangerous behavior.

If you or a loved one has suffered an injury as a result of another person or company’s negligence, please contact an attorney immediately to better understand your rights.

To date, seven people have become the victims of severe finger- and hand-lacerations from Target’s Chefmate blenders that came apart during operation.

Target stores, who are the distributers of the blender manufactured under the brand name Chefmate, have voluntarily recalled approximately 300,000 of these blenders after a series of more than a dozen accounts detailing situations in which the rotating-blade assembly separated from the blender’s pitcher. The six-speed blender was made in China by Select Brands, and sold exclusively at Target stores between September 2007 and February 2011.

According to a report by the Consumer Product Safety Commission, while the blender is operation, the plastic pitcher can separate from the rest of the device, which in turn exposes the rotating blades. Not only are the blades extremely sharp, but when they’re moving at high rates of speed they have the potential to cause serious physical injury.

The branch of Illinois personal injury law that encompasses Illinois product liability lawsuits covers situations in which manufacturers, distributers, suppliers, retailers, and others who distribute products to the public, are held responsible for injuries caused by defects in those products. Often companies with knowledge of problems with a product will issue a recall for the merchandise in order to limit injuries and the resulting legal penalties that come with the injuries. That is what happened in this situation.

The blender at issue is six inches tall, and has a white electrical base with the word “Chefmate” printed in black on the front, and a clear plastic pitcher. It was sold at Target stores for $14. Consumers are advised to stop using these blenders and return them to any Target store immediately; The Consumer Product Safety Commission says that Target will issue a full refund for any of these blenders to customers who bring them back to the store.

Personal injury and Product Liability lawsuits - such as ones that may be filed in this situation for the injuries from the blender’s blades - serve a number of purposes. They cover the costs of medical expenses incurred as a result of a product manufacturer’s negligence, and they help the families of the victims who, but for an accident, would have been able to provide support to his or her family through his or her employment. They also compensate the injured parties for pain and suffering, and disability and disfigurement caused by faulty products.

But that’s not all that Chicago Product Liability Lawsuits do. Perhaps just as importantly, these types of cases focus attention on potentially dangerous products, and encourage other stores and manufacturers to engage in more careful behavior, in the hopes of avoiding future litigation.

If you've had an incident with a product that caused an injury, or have a loved one who may have died from the use or exposure to a dangerous or defective product, it's important that you know your rights under the law. Our Chicago personal injury attorneys have the experience and compassion to help you fight for your rights.

Our Chicago personal injury attorneys have a new concern regarding public safety: Avocados.

According to a press release issued by the Food and Drug Administration (FDA), Fine Mexican Food Products, a company out of Ontario, California, is recalling 1,423 cases of frozen avocado pulp and 1,820 cases of avocado halves because they may be contaminated with Listeria Monocytogenes.

Although to date no cases of illnesses have yet been reported, the FDA’s news release states that the avocado products were recalled because multiple sample tests conducted in the manufacturing facility turned up positive for Listeria Monocytogenes. Nevertheless, despite the fact that no cases of severe illness have arisen out of this situation, Fine Mexican Food Products is responding to the crisis by taking their products off the shelves before any consumers are harmed.

Listeria Monocytogenes is a potentially deadly food poisoning bacteria that causes a condition called Listerosis. Listeriosis affects mainly pregnant women, newborns, the elderly, and adults with lowered immune system, and when pregnant women are infected with Listeria Monocytogenes the infection can result in premature delivery, miscarriages, or stillbirth. Additionally, if a pregnant woman is exposed to contaminated food during pregnancy, the child can be born with Listeriosis.

Listeria Monocytogenes carries a potential risk of death; according to a report published by the University of Wisconsin-Madison Department of Biology, though Lysteria is a fairly uncommon disease, when a severe form of the infection takes hold, the case fatality rate may approach as much as 25% (Salmonella poisoning, in comparison, has a mortality rate estimated at less than 1%).

The avocado products in question were distributed between June of this year and September of this year. In response to the outbreak, Fine Mexican Food Products has ceased production, importing, and distribution of the product, which is manufactured in their facility in Peru. Currently Fine Mexican Food Products and the United States Food and Drug Administration are conducting an investigation into what sparked the outbreak.

According to the FDA’s most recent press release, the recalled products include:
• Frozen avocado pulp that has an FMP white label on the corrugated shipping carton. The package size is a 2.2 lb. bag; and,
• Avocado halves that are in 3 lb. bags with the product code 00131.

If you have purchased either of these products, do not consume them. Either throw them away, or return the product to distributors as soon as possible. Additionally, if you or a loved one fear that you may have become infected by these contaminated avocado products, please seek medical attention immediately.

Symptoms of Listerosis include fever, muscle aches, nausea, diarrhea, and other flu-like symptoms. If the bacteria is allowed to spread to the central nervous system, the individual may experience symptoms such as headache, stiff neck, confusion, loss of balance, or even convulsions.

A doctor will be able to diagnose if you have been infected with Listeria, and if caught in time, it is treatable. However, if you or a loved one have suffered serious injuries as result of having been exposed to contaminated foods, our Chicago personal injury lawyers may be able to help you determine your rights. Our Illinois food poisoning attorneys have the diligence and experience to fight for your rights.

Errors in prescribing and distributing medication may be potentially deadly. Our Illinois personal injury attorneys are aware of the latent dangers attributed to the misadministration of medication, and read with great concern that a number of oral contraceptive (“birth control”) pills have been recalled from the market because of packaging errors. These mistakes carry the possibility of not only incorrect dosing and resulting adverse effects, but may also lead to unintended pregnancies as well.

A medical error giving rise to a potential Illinois medical malpractice lawsuit is defined as a preventable mistake in care, whether or not its effects are outwardly harmful to the patient. However, negligent behavior on behalf of the distributor of the drug may lead to adverse effects such as injury, unexpected effects, infections, and sometimes death. Errors in administrating medication, mistakes filling medication prescriptions, and the failure to properly advise patients on proper use of the medication all fall within the scope of medical malpractice.

Qualitest Pharmaceuticals, the company responsible for the misadministration of the pills, is an American pharmaceutical company headquartered in Huntsville, Alabama, whose more than 600 brands of medications are distributed to all parts of the United States.

Qualitest is recalling multiple lots of oral contraceptives because of packaging errors that caused the weekly tablet orientation to be reversed, and obscured the lot number and expiration date on certain packages. The recall affects birth control manufactured under the brands Cyclafem, Emoquette, Gildess, Orsythia, Previfem, and Tri-Previfem.

According to a spokesperson on behalf of the drug manufacturer, “the source of the error is currently under investigation, and the company is committed to rectifying the issue in a timely manner.” Nevertheless, since many of the medication packages have already been disseminated to consumers, this may not be enough to rectify the damage.

The factory error resulted in pills being in the wrong places inside the plastic packages. If women take the pills as they are laid out inside the container, they may be getting the wrong pills during the month, leaving them without adequate contraception, and at risk for unintended pregnancies.

According to the Institute of Medicine, reports indicate that in the United States alone, between 400,000 and 1.2 million medication administration errors led to deaths between 1996 and 2006 across the country. When a medication error occurs, the effects can be potentially devastating to both victims of the misadministration and their families.

Our Chicago medical malpractice attorneys have represented numerous clients in claims arising from the misadministration of medication, including a recent $650,000 settlement against a Chicago-area doctor, medical group, and pharmacy for adverse effects based on medication error.

Because these errors can lead to serious medical complications requiring further medical treatment, or even the possibility of death, it is imperative that victims understand their rights in order to receive reasonable and fair compensation for their injuries or loss. An attorney may be the best person to advise you of your rights.

Our Chicago food poisoning attorneys read with concern about a recall issued this week for cantaloupe melons. So far the Center for Disease Control has linked 2 deaths and 22 illnesses across 7 states to a crop of cantaloupes contaminated with Listeria Monocytogenes.

Listeria Monocytogenes is a potentially deadly food poisoning bacteria that causes a condition called Listerosis. Listeriosis affects mainly pregnant women, newborns, the elderly, and adults with lowered immune system, and when pregnant women are infected with Listeria Monocytogenes the infection can result in premature delivery, miscarriages, or stillbirth. Additionally, if a pregnant woman is exposed to contaminated food during pregnancy, the child can be born with Listeriosis.

Because Listeria is generally found in uncooked meats, processed foods, and other foods derived from animal products, this particular bout of contamination came as a surprise. In fact, this is the first time that an outbreak of Listeria has been linked to whole, unsliced cantaloupes. The bacteria does not generally affect fresh produce, and the FDA’s Coordinated Outbreak Response and Evaluation (CORE) Network has been working in conjunction with the Center for Disease control to investigate the source of the contamination.

Listeria Monocytogenes is sometimes found in soil, stream water, and sewage, which is potentially how the melons became infected. However, because the skin of cantaloupes is rough and porous, it’s also possible that they became contaminated during handling, or from being grown in and on contaminated soil, where the bacteria became lodged in the melon’s rind.

At this point, the cantaloupes have almost certainly been traced back to Jensen Farms, a grower of cantaloupes located in the Rocky Ford area of Colorado. The state of Colorado is also working with the Center for Disease Control to contain the outbreak and prevent it from spreading further. Major grocery store chains have removed the Colorado-grown cantaloupes from their shelves, which has, to date, totaled almost $8 million worth of produce lost.

According to the Center for Disease Control, the cases of Listerosis confirmed to be a result of the cantaloupe outbreak include 11 individuals from Colorado, 2 from Texas, and one each in Indiana, Nebraska, and Oklahoma. Nevertheless, the cantaloupes were also shipped to grocery stores in Illinois, Wyoming, Tennessee, Utah, Colorado, Minnesota, Kansas, New Mexico, North Carolina, Missouri, Arizona, New Jersey, New York and Pennsylvania, so more cases may develop.

Listeria Monocytogenes carries a risk of death, and at least 15 of the individuals who have been affected have had to be hospitalized as a result of Lysteria complications. According to a report published by the University of Wisconsin-Madison Department of Biology, though Lysteria is a fairly uncommon disease, when a severe form of the infection takes hold, the case fatality rate may approach as much as 25% (Salmonella poisoning, in comparison, has a mortality rate estimated at less than 1%).

Symptoms of Listerosis include fever, muscle aches, nausea, diarrhea, and other flu-like symptoms. If the bacteria is allowed to spread to the central nervous system, the individual may experience symptoms such as headache, stiff neck, confusion, loss of balance, or even convulsions.

The contaminated cantaloupes may be labeled with either a grey, yellow, and green sticker that reads “Jensen Farms-Sweet Rocky Fords,” or a green and white sticker that reads “Product of USA- Frontera Produce-Colorado Fresh-Rocky Ford-Cantaloupe.” If, however, you come across an unlabeled cantaloupe, either contact the store at which the melon was purchased to determine its source, or throw it away. These cantaloupes should not be eaten.

A doctor will be able to diagnose if you have been infected with Listerosis, and if caught in time, it is treatable. However, if you or a loved one have suffered serious injuries as result of having been exposed to contaminated foods, our Chicago personal injury lawyers may be able to help you determine your rights. Our Illinois food poisoning lawyers have the diligence and experience to fight for your rights.

Our Illinois personal injury attorneys understand how important it is to fight tirelessly for the rights of the families of victims of wrongful death. Often their hard work and diligence pays off.

On July 1, 2007, 24 year-old Sean Heflin fell from a porch railing at his girlfriend’s house. As a result of the fall, Sean suffered a traumatic brain injury, which ultimately lead to his death in January of 2008. Even more devastating than the untimely death of the young man was the fact that his death could have been avoided had landlords complied with Chicago Building Code requirements.

The lawsuit, filed in January 2008 immediately after Sean’s death, alleged that the porch railings were approximately 10 inches lower than the 42 inches required by Chicago Building Codes. Had the rails been the appropriate height, the lawsuit further alleged, Sean’s fall would have been avoided, and his resulting death would never have occurred.

According to Steve Levin, one of our Chicago personal injury attorneys who handled this case, "the Chicago Building Code requires building owners and landlords to maintain porches in a safe condition. Stammich Management had a duty under the law to maintain its building in a reasonably safe condition for the safety of their tenants and their guests.” As a general rule, owners and managers of rental properties are responsible for maintaining safe premises, and when they do not, they are liable for any injuries that occur on the properties due to their negligence.

On September 12 of this year, the Honorable Judge Kathy Flanagan approved a $975,000 settlement in favor of the victim’s family. The Chicago wrongful death suit was brought against Stammich Management, L.L.C, which owned and managed the apartment building located at 1909 North Bissell Street where Sean fell from the second floor balcony and landed on the concrete below.

Personal injury lawsuits and wrongful death claims serve a number of purposes. They cover the costs of medical expenses incurred as a result of another’s negligence, and they help the families of victims who, but for an accident, would have been able to provide support to his or her family through his or her employment.

But perhaps just as importantly, these types of cases focus attention on potentially dangerous situations, and encourage others to engage in more careful behavior, in the hopes of avoiding future litigation. “We hope that Sean’s case will set an example for other landlords in Chicago, and will motivate them to maintain their properties in accordance with the City Code to prevent future accidents,” said attorney Steve Levin.

Devastatingly, the accidents that give rise to wrongful death cases cannot be predicted. Our Chicago wrongful death attorneys understand the emotional trauma associated with losing a loved one due to another’s negligence, and are equipped with the compassion and understanding needed to guide their clients. If your loved one has been killed in a situation that you believe may be a wrongful death, please contact an attorney immediately to be advised of your rights.

Our Chicago food poisoning attorneys understand just how serious injuries from contaminated foods can be. Last month, the Minnesota food company Cargill recalled 36 million pounds of ground turkey due to a salmonella outbreak in the facility. This month, the story is the same: Cargill has just recalled an additional 185,000 pounds of ground turkey for the same reason.

Although Cargill representatives have insisted that this month’s recall is voluntary, according to the Los Angeles Times, as of this past August, the strain of salmonella causing the meat recall has led to 111 illnesses in 31 states, and at least one death.

Nevertheless, the initial recall was prompted by reports of consumers becoming ill after eating the product, whereas the withdrawal of the turkey from the market this month happened after Cargill’s own test results indicated that the product was still contaminated.

The meat recalled was produced in Cargill’s Arkansas plant, but the turkey was shipped all across the country. Federal health officials from the U.S. Department of Agriculture’s Food Safety and Inspection Service are claiming that the strain giving rise to this month’s recall is the same salmonella strain that instigated the retraction last month. Cargill has stopped production until the source of the salmonella can be found and the problem can be cured.

The meat recalled from stores included both fresh and frozen turkey under the brand names Honeysuckle White, HEB and Kroger, and packages include a label with the establishment number P-963 inside the USDA mark of inspection. Cargill is urging consumers who have purchased packages of the recalled meat to return them to the stores at which they were bought, for a full refund.

Every year, approximately 40,000 cases of food poisoning by salmonella are reported in the United States. Young children, older adults, and persons with impaired immune systems are most likely to suffer from salmonella infection, and are also most prone to have severe symptoms. Salmonella poisoning may cause diarrhea, fever, and abdominal pain. Although some people are able to recover without extensive medical treatment, for others diarrhea and dehydration may cause the individual to require hospitalization. A doctor can provide a diagnosis with regard to whether an individual has been contaminated by salmonella.

Food poisoning by salmonella may lead to serious injury, hospitalizations, pain and suffering, or even death. Victims may be able to seek compensation by way of an Illinois personal injury lawsuit against the company disseminating the product. In cases where food poisoning leads to death, the family of the victim may be able to bring a claim for wrongful death, loss of companionship of the deceased family member, and the loss of wages that the victim would have otherwise contributed to his or her family’s well-being.

Our Illinois personal injury attorneys understand how devastating food-borne illnesses can be, and have extensive experience in helping victims achieve justice. Our attorneys won a $4 millions settlement for three convention attendees who contracted salmonella poisoning that led to crippling arthritic injuries. If you or a loved one have suffered as a result of food poisoning, an attorney may be able to help you understand your rights.

Our Illinois personal injury attorneys know that the Jones Act allows injured sailors to make claims against their employers for personal injury that occurs in the course of their employment at sea. The Jones Act extends personal injury liability to incidents that occur in maritime jurisdiction, ensuring that accountability may be held against a ship owner, captain, or fellow members of the crew whose negligence leads to injury of others.

The Jones Act was originally implemented to rectify the problem that common international maritime law does not otherwise afford the right to maintain an action for damages at law based on personal injury. With the Jones Act’s passage in 1920, any person who is injured at work now has the right to bring a claim if the injury is caused by another’s recklessness or negligence. Personal injury lawsuits allow individuals to recover the costs of medical expenses and wages lost as a result of the damage, as well as pain and suffering incurred.

In particular, Jones Act settlements are available to any worker who spends at least 30 percent of his or her time working on a vessel in navigable waters. Lawsuits for any other type of workplace injuries may, however, be brought regardless of the amount of time spent at a job site. The reason behind the differentiation is that the Jones Act provides rights not otherwise afforded by maritime law, and because the exception is significant, the law must ensure that it applies to persons who spend a significant amount of time at sea.

According to The Louisiana Record, a Louisiana deckhand is suing his employer, American Pollution Control Corporation, after two separate incidents that left him injured. During the first incident, the deckhand was hurt when an unexpected movement of the vessel sent him overboard, trapped between two pilings. He claims the ship was operated negligently, and the fact that it was improperly controlled caused him to fall overboard.

The worker alleges that the second injury occurred when he was carrying an anchor and tripped over other anchors on the boat. Because the company failed to keep the deck clear of obstacles, they can be held liable as a result of the fact that the deckhand fell on the negligently placed impediments.

Following these injuries, American Pollution Control may be accountable for general negligence for failing to provide a safe working environment, failing to adequately equip its boats with proper equipment, and failing to properly supervise its employees. According to general principles of workplace liability, employers are responsible for maintaining a safe work atmosphere, and are liable for any injuries that occur as a result of a lack of safety.

Our Illinois personal injury attorneys understand the emotional and physical toll caused by workplace injuries, and have both the compassion and experience to fight for the rights of individuals harmed in the course of their employment. Our attorneys won a $4.5 million Illinois Jones Act settlement for a deckhand whose leg was crushed between two barges, which resulted in an above-the-knee amputation.

If you or someone you love has suffered an injury at work or at sea, an attorney may be able to advise you of your rights.

Our Chicago personal injury attorneys read with great pleasure that justice had been delivered to a young Deer Creek man who lost his leg due to a machine manufacturing company’s negligence.

In November of 2008, the 19 year-old was working as a roofing truss builder when he was run down by a MiTek Roof Glider machine. The man was hammering roof trusses and the operator of the MiTek machine failed to notice that the man was working in the path of machine, which was stamping down metal plates.

Initially the worker tried to get out of the way, but as the machine reached him, he pushed a safety bar on the machine that was intended to function to immediately stop the machine. Instead, however, the emergency stop failed, and the machine pinned the man and crushed his leg. Apparently the screws connecting the stop-bar to its pivot arms had become loose during the machine’s normal vibrations, which in turn ultimately caused the man’s devastating injury.

MiTek had redesigned this particular model of the machine, and in doing so replaced what had been a welded attachment of the safety bar, with a safety bar held on by a C-collar and screws. According to the Peoria Journal Star, after making the change, Mitek never bothered to test the new safety design, and they were “ignorant of the fact” that the machine’s normal vibrations could loosen the screws required to make the emergency stop work properly.

After the machine crushed the 19 year-old’s leg, a fellow worker used his belt as a tourniquet as rescue workers had to use the Jaws of Life to free the young worker. Ultimately he lost his leg above the knee.

After a 10-day trial for the young man’s Illinois personal injury lawsuit, a jury awarded him a total of $13,544,173. The jury cited MiTek as having 71 percent of the blame for the accident and resulting injuries, and the other 29 percent was affixed to the Deer Creek company for whom the man was working at the time of the accident. According to the Peoria Journal Star the verdict included $5 million for pain and suffering, $5 million for his disability and disfigurement and approximately $3.4 million for future medical expenses. The jury’s award was by far the largest liability verdict in the history of Tazewell County, in which the case was heard, and was a big step forward in bringing justice to the victim.

Attorneys for the young man said that the jury’s verdict is similar to others awarded throughout Illinois, and in other Illinois personal injury cases. Our Illinois personal injury attorneys have extensive experience in handling workplace and liability cases, and even obtained a $4.5 million Illinois record Jones Act settlement for a deckhand whose leg was crushed between two barges, resulting in an above-the-knee amputation.

If you or someone you love has been the victim of a workplace or products liability accident, please contact an attorney immediately to better understand your rights.

What is commonly referred to as “tort reform” is a scheme to limit the amount of non-economic damages that may be awarded to the individuals who have suffered personal injury, or the families of victims of wrongful death. Non-economic damages compensate sufferers for harms that can’t easily be quantified by a dollar amount, but that nevertheless are very real grievances. Examples of non-economic damages include harms such as severe pain and suffering, physical disability or disfigurement, the loss of a loved one’s company, as well as many others.

Tort reform seeks to arbitrarily limit the amount of money that may be paid to the families of victims who have died, or persons who have suffered severe injury.

Right now, eight years after state legislators placed a cap on damages in medical malpractice lawsuits, Florida lawmakers are preparing for what may turn out to be a monumental change in Florida judicial proceedings. A case may soon reach the Florida Supreme Court regarding the constitutionality of a cap on legal damages, and either way, the decision will be tremendously significant.

The case arises from the death of a 20 year-old Florida woman, shortly after she gave birth. After a court ruled that the family of the deceased should receive $3 million, including $2 million worth of non-economic damages, the award had to be reduced to $1 million because of the 2003 tort reform overhaul.

The cutback was appealed, and the 11th U.S. Circuit Court of Appeals ruled that the cap on damages does not violate the Federal constitution, but given the appellate court’s decision, it is likely that the case will move up to the State Supreme Court for further review.

Proponents of damage caps claim that a reduction of awards may make medical malpractice insurance more affordable to doctors, which in turn would make health care more affordable. But what about the families of victims? Is it fair to ask the relatively few of them to be punished a second time by absorbing the cost of the public benefit?

Beyond the fact that non-economic damages provide remuneration for individuals who have suffered a loss as a result of someone else’s negligence, large awards often also serve to send a message to the public, teaching them the risks associated with their potential negligence, and drawing attention to common problems.

From a purely constitutional perspective, opponents of caps on damages in personal injury lawsuits and medical malpractice cases cite three main portions of the constitution that are violated by these damage caps:
1. Challengers of tort reform allege that setting a limit to the amount of money jurors can award to victims violates an individual’s constitutional right to a trial by jury.
2. Critics of damage caps assert that when one branch of the government – the legislature – tells the court how to act by imposing these caps, it infringes upon the separation of powers.
3. And finally, criticizers of tort reform contend that the fact that each state sets different caps on damages violates the Equal Protection Clause, which is supposed to ensure fair treatment across each state. The question that is asked is, if the same exact injury occurs in two different states, why should one victim be limited by damage caps while the other is not.

The American Bar Association has made a public claim that it opposes non-economic damages, and fortunately damage caps are not in place in Illinois. If you or a loved one have suffered a serious personal injury, or if you have lost a loved one due to another’s negligence, an attorney may be able to advise you of your rights.

Since 2008, the National Center for Child Death Review has analyzed 14 reports of suffocation caused by crib bumper pads. As a result of the recent press concerning this tragedy, as well as inaction by federal regulators, Chicago Aldermen have decided to take action. At this point it’s not certain exactly how many infants have died as a result of suffocation from being pressed up against the bumper pads, but even one child’s wrongful death from a hazardous product is one too many.

Crib bumper pads, which wrap around the inside of a crib and tie to crib slats, were originally designed to protect the child from bumping his or her head against the hard bars of the crib. However, at such a young age, babies often have not yet developed the necessary motor skills to move their heads or turn away if they roll against something that obstructs their breathing.

Chicago may be about to take the first step in becoming the first city in the United States to ban the sale of crib bumper pads. Though they were originally intended to be safety devices to prevent the child from hitting his or her head on the bars of the crib, the Chicago City Counsel is expected to vote on the ban of these pads. The dangers caused by having them in place seems to far outweigh any benefit they may provide.

Although federal regulators have not made a concrete determination that there is a scientific link between the bumper pads and incidents of infant suffocation, a December article in the Chicago Tribune reported that federal regulators knew of the potential risk, yet did not report findings to the public. Chicago aldermen are responding to the investigation by the Chicago Tribune by taking affirmative steps to ban the sale of these products.

In addition to the Chicago Tribune’s investigation, the Canadian government’s health department issued a statement advising parents not to use crib bumper pads, stating that the “presence of bumper pads in a crib may also be a contributing factor for Sudden Infant Death Syndrome (SIDS). These products may reduce the flow of oxygen rich air to the infant in the crib. Furthermore, proposed theories indicate that the rebreathing of carbon dioxide plays a role in the occurrence of SIDS.”

In general, the task of regulating and banning unsafe products usually is in the hands of federal regulators, but as steps have yet to be taken, Chicago aldermen have taken the responsibility into their own hands. At the same time as Chicago aldermen are tackling the prohibition of bumper pads, the State of Maryland is likewise contemplating enacting a similar ban on the sale of these products.

In the meantime, what can be done? According to the American SIDS Institute, product safety experts advise against using pillows, sleep positioners, bumper pads, or other in-crib implements and instead recommend dressing the child warmly and keeping the crib "naked."

Devastatingly, injuries caused by unsafe products can happen to anyone. Our Chicago personal injury attorneys have experience in handling Illinois personal injury lawsuits, and have represented numerous plaintiffs who have brought claims against corporations or manufacturers who have sold or manufactured unsafe products.

If you or a loved one have been the victim of an injury caused by an unsafe or defective product, an Illinois personal injury attorney may be able to help you determine your rights.

On September 13, 2009, a graduate pharmacology student of Yale University was murdered in a school laboratory, five days before she was to be married.

The victim was found dead on what was supposed to have been her wedding day. She had been strangled, and her body was hidden behind a wall in the basement of the Yale School of Medicine research lab. Raymond Clark, a lab worker who cleaned mouse cages in the research lab, pleaded guilty to murdering the student and attempting to sexually assault her; he was sentenced to 44 years in prison.

Nevertheless, despite Clark’s confession, the victim’s family is holding Yale University responsible. The wrongful death lawsuit alleges that the school was negligent in hiring and retaining Clark, and that their negligence was a significant factor contributing to the student’s death. Yale gave Clark a position that allowed him unsupervised access to students, and Yale was negligent in monitoring Clark’s activities while he was at work.

As a general rule, facility owners and managers are responsible for maintaining a safe workplace environment, and when they negligently fail to do so, they are responsible for the injuries caused from the unsafe conditions.

According to Bloomberg Online, Clark had previously demonstrated “aggressive behavior and a violent propensity towards women,” and Yale University knew or should have known that he posed a potential threat to students in the research laboratory. The complaint in this particular wrongful death case alleges that Yale University ought to have been aware of Clark’s potential threat, and as a result is liable for the damage he caused.

Wrongful death cases can be emotionally devastating, and our Chicago personal injury attorneys have extensive experience helping families of victims not only navigate the legal system, but obtain closure after a loved one’s wrongful death. If someone you love has been killed as a result of another’s negligence, an attorney may be able to help you determine your rights.

According to the Bureau of Labor Statistics, there are more fatal work injuries in the construction industry than in any other industry in the United States. In fact, in 2010 alone, there were 751 construction deaths across the United States, and these deaths leave behind mourning family and friends.

In Illinois, the statistics are even more frightening. According to the Center for Justice and Democracy, Illinois has the 5th highest construction employment in the nation, and in 2006 the Illinois construction industry alone accounted for 46% of the fatalities investigated by OSHA.

Although the number of construction-related fatalities is down from previous years, the numbers may be deceiving. As a result of the country’s weakened economy, the number of hours worked in the construction industry has decreased as well. Although the overall number of deaths has declined, the per-capita rate, as compared to hours worked, has remained at the same level.

Nevertheless, the Associated General Contractors of America wants to give credit for the decline in the number of construction fatalities to the construction industry’s increased safety planning and training efforts. Additionally, the number of workplace deaths – spanning all fields – is down significantly from the estimated 14,000 deaths in 1970 when the Occupational Safety and Health administration was founded. Nevertheless, even one killed or injured worker is one too many.

Because a focus on improved safety considerations seems to have had a significant positive impact on workplaces, these programs need to continue to be implemented. Furthermore, every wrongful death lawsuit filed on behalf of the family of an individual whose death occurred as a result of a work injury, sends a message to site owners that negligence will not be tolerated. When site owners or managers negligently fail to maintain a safe premise, they are liable for any injuries that occur on the site.

Our Chicago workplace injury attorneys have a lot of experience handling construction site injuries and fatalities. If you or someone you love has been harmed in a work accident, an attorney may be the right person to help you determine your rights.

Every year, thousands of injuries occur across the country as a result of unsafe working conditions. As a result, a number of these injuries generate personal injury lawsuits because company owners and managers fail to maintain a hazard-free working environment for employees.

Recently an employee of the Texas-based company Petrohawk Energy Corporation has filed a workplace injury lawsuit stemming from an on-site injury that caused him to undergo major lower-back surgery.

The lawsuit alleges that Petrohawk failed to properly prepare the site for drilling, and when the worker dismounted a forklift, his foot stuck in the mud, and he sustained a fall that caused serious back injury. He continued as directed by his supervisor, and attempted to pick up a tool that had fallen in the mud, but this action further aggravated the back injury. The worker claims that Petrohawk rushed through the site preparation to avoid additional costs and delays, and in doing so, left deep ruts in the ground surface that allowed water to accumulate and turn the dirt into thick mud.

The ground condition caused a substantial risk of harm to employees working on the site, and as a result, the owners of the company are liable for injuries caused.
The company has the responsibility of maintaining a safe work environment, as well as providing proper equipment and tools, and proper training to employees to prevent injuries.

Personal injury lawsuits such as this one allow injured workers to recover for damages such as physical, mental, and emotional injuries, physical pain, physical impairment, medical expenses, and diminished earning capacity, among other things. Our Chicago personal injury attorneys have extensive experience handling workplace injury cases, and understand the emotional and physical pain that accompanies them. Our Illinois workplace accident lawyers won a $5.7 million settlement for a 27 year-old roofer in a workplace injury case, who was paralyzed when he fell from a roof as a result of the general contractor’s failure to provide appropriate safety devices. If you or someone you love has been harmed as a result of an unsafe working environment, an attorney may be the best person to help you understand your rights.

On July 8, 2011, a decorated Iraq ware veteran died after flying out of a roller coaster at Darien Lake Amusement Park in New York. The 29 year-old army veteran lost both legs an a hip in a roadside bombing in Iraq in 2008. When boarding the coaster called Ride of Steel, the park employees in charge of safety checks failed to follow the rules, and as a result, the veteran was unsecure in the roller coaster seat.

According to an attorney speaking on behalf of the veteran’s family, employees were negligent when they allowed the double amputee to ride the coaster. He was visibly unable to be properly secured into his seat because of his condition, and employees failed to follow Darien Park’s safety rules when they allowed the veteran to ride the roller coaster.

Sometime during the ride, he was thrown from the 208 foot-high roller coaster. The veteran was ejected from the front care of the ride, as the ride plummeted down the ride’s last hill.

Although the family of the deceased originally made a public statement claiming that they did not blame the park for the veteran’s death, following a better understanding of the park employees’ negligence, the veteran’s family has decided to file a wrongful death lawsuit against two companies associated with the park who had responsibility for training employees and ensuring that employees followed safety rules. New York State Labor Department investigators cited Darien Lake Amusement Park, stating that “operator errors” were factors in the veteran’s death.

To date, the amusement park has not been charged with any other criminal penalties, but it has been noted that an Olean man was awarded $4 million by a jury following an accident on the same roller coaster, in 1999.

The deceased leaves behind two young children, and other members of a devastated family. The wrongful death suit, filed on behalf of the veteran’s estate, was brought against CNL Income Darien Lake LLC, which is the real estate firm who owns the theme park property, and Herschend Family Entertainment, which is the company that manages the amusement park. Both companies have responsibility in ensuring that employees are properly trained and follow safety rules.

Wrongful death lawsuits allow families who have lost loved ones to recover for the loss of monetary support that the individual would have contributed through future work, as well as for the loss of companionship, or the time that the family would have had to spend with the person. Our Chicago personal injury attorneys have extensive experience in handling these types of cases, and understand the emotional difficulties that follow tragic accidents. If you have a loved one who was killed by another’s negligent acts, an attorney may be the best person to help you understand your rights.

To date, seven people have been killed, and another 45 injured from a stage collapse that occurred at the Indiana State Fair on August 13, 2011. According to CNN, an audience of about 12,000 was gathered waiting for the country music band Sugarland to take the state, when high winds caused stage scaffolding to collapse. The structure supporting the stage lights fell onto fans in front of the stage, and stage rigging came crashing down on fans.

Initially dozens were sent to area hospitals, and four others died at the scene. The incident has claimed the lives of seven people so far, including students from universities across Indiana.

The first wrongful death lawsuit was filed last Friday, alleging that the defendants were responsible for improperly constructing and maintaining the stage. A subsequent lawsuit filed by the family of another individual who was killed in the incident alleges gross negligence and recklessness on the part of the state, and by the promoters and producers of the event for failing to properly warn concertgoers of the potential stage collapse and subsequent danger that occurred as a result of an impending storm.

One of the lawsuits also asks for a temporary injunction that prevents the state from moving what’s left of the stage, until it can be preserved as evidence for future lawsuits. Following the initial filing, several others have given notice that they intend to file suit against the state and against Mid-America Sound Corporation, the company responsible for constructing the stage.

So far, $263,000 has been donated to a fund to help victims. The money was donated by bands that performed at the State Fair, and by students of the University of Indiana. Additionally, $55,000 worth of concert proceeds has been donated by the bands Train and Maroon Five, which has not yet been included in the fund. The payments from the fund are considered charitable gifts, and are not considered compensation for any injuries sustained during the accident. The fund, while intended to assist victims of this tragedy, must be divided amongst the dozens of fans who were injured in the stage collapse, and would not serve as adequate compensation for the lives lost during this unfortunate event.

Although money can never bring a loved one back, wrongful death lawsuits can allow families to recover for the loss of companionship that the family member would have provided, and for the lost wages that the individual would have contributed to help provide for his or her family. Moreover, legal action, in and of itself can bring attention to issues, and send a message to others to prevent negligence. Hopefully in the future, the people who run, organize, and build fixtures for State fairs will be more careful in their actions, and will be quicker to warn people of potential dangers.

Unfortunately tragedies such as the one that occurred in Indiana cannot be predicted. However, when tragedies do occur, an attorney may be the best person to advise you of your rights. Our Chicago personal injury attorneys have experience handing cases that arise as a result of unforeseeable circumstances, and have the compassion and experience to help you fight for your rights.