Illinois Injury Lawyer Blog

Our Chicago personal injury lawyers read with concern the FDA’s latest report concerning the fact that regulators aren’t yet certain that AtriCure Inc.’s alternative to open-heart surgery to treat an irregular heartbeat, meets current safety standards.

According to Bloomberg Online, AtriCure’s device has already been approved by the FDA to destroy heart tissue during surgery, but now AtriCure Inc. is hoping to expand the use of the device to block electrical signals and restore a regular heartbeat – this would allow the device to be used as an alternative to a pacemaker or regulation device.

Allowing this use of the device would allow the corporation to market their product as an irregular heartbeat treatment would increase the value of the company’s stock. According to Bloomberg Online AtriCure made $59 million in revenue last year, and if allowed to market their product with a second use, revenue could potentially reach $79 million for 2012.

Nevertheless, the FDA report stated that there have been a number of deaths related to AtriCure’s device. The Wall Street Journal reports that that the FDA’s initial study of AtriCure’s device seems to have been a success, the FDA said that when considering nonsymptomatic patients, "neither the primary safety nor effectiveness endpoints are met, although the results are close."

The FDA has sought advice from an outside advisory panel, and last week held a hearing as to whether AtriCure studied its device system in an appropriate variety of patients before submitting it for approval to the FDA. The FDA has expressed concerns on whether the device could work to treat every type of atrial fibrillation, and whether if approved, it would be appropriate for use in a wide variety of patients. The FDA isn't bound by the recommendations of its advisory panels but generally follows their recommendations.

AtriCure filed for approval of the second use of the device in February of 2011, and this past March received a letter from the FDA questioning whether the first study had appropriate criteria in evaluating the effectiveness of the device. AtriCure has proposed that a second study be conducted to evaluate the product.

Products liability law is an area of Chicago personal injury law that focuses on dangerous and defective products. Our attorneys represent plaintiffs across Illinois in matters against corporations or manufacturers who have sold or manufactured unsafe products to consumers. "Products" in this instance cover a wide range of categories, including medical devices. If AtriCure’s product is used to treat patients, and its secondary usage is inadequate in assisting in remedying ailments, the company who manufactures and disseminates the product to the public – in this case AtriCure, Inc. – may be liable for injuries that occur as a result of the use of that device.

Our Chicago personal injury lawyers have handled numerous cases of products liability, and have been successful in their pursuits of justice. In fact, our attorneys won a $3 million settlement against a car manufacturer of a vehicle that improperly designed the fuel delivery system of a vehicle, resulting in a fuel-fed fire after a head-on collision which killed the occupants of the vehicle, and are currently handling a case against Johnson & Johnson regarding flawed orthotic hip replacements.

If you or a loved one has suffered because of a faulty product, contact an attorney immediately to better understand your rights under the law.

Our Chicago personal injury attorney. Michael F. Bonamarte is representing the mother of a disabled woman who was allegedly mistreated by staff at an Alton, Illinois long-term care facility. The claim was filed October 5 in Madison County Circuit court against Claims Administration Services LLC, Alton Real Estate Inc., Rosewood Care Center Holding Company Inc., and Midwest Administrative Services Inc., as well as a number of healthcare employees who were involved in treatment of the disabled woman.

The plaintiff, mother Barbara Morrissey McGrew, brought the suit as next friend of her daughter Therese Morrissey; the lawsuit accuses the staff at the care facility of causing serious injuries to her disabled daughter. The victim is physically disabled with short-term memory loss and cognitive deficiencies that keep her from being able to care for herself.

The Chicago personal injury lawsuit claims that, while a resident of Rosewood Care Center – an Alton long-term care facility – the claimant’s daughter was severely injured when a nurse allegedly improperly inserted the woman's feeding tube. The improper insertion of the feeding tube caused the woman to develop a serious infection that was not immediately recognized or treated.

Ultimately as a result of the infection, the woman had to be moved to a hospital for treatment. The complaint accuses the seven defendants – the corporations and the individual healthcare professionals – of violating the Illinois Nursing Home Care Act for failing to provide proper care to their patient, and failing to adequately monitor the patient and diagnose any potential medical problems, each of which led to prolonged hospital stays and necessitated substantial additional medical treatment.

When a healthcare provider, such as a doctor or hospital, holds themselves out to the public to be a professional in a particular field, that professional owes a duty of care to patients they agree to treat. When someone is determined to be legally responsible for injuring someone else, they are liable for the injury, and may be made to pay the injured person to compensate for the injury. This Illinois medical malpractice lawsuit charges each of the defendants with failing to treat the patient with the appropriate level of care, failing to properly train staff and ensure that patients are receiving necessary care, as well as failing to inform the family of changes in the patient’s health after the infection developed. The plaintiff is hoping to be recompensed for medical expenses, emotional distress, pain and suffering.

Our Chicago personal injury lawyers represent clients throughout Illinois and have experience handling cases against hospitals and nursing homes across the state. Recently our attorneys had the highest settlement in Illinois outside of Cook County in the 2011 Chicago Lawyer Settlement Survey, a $6.5 trucking accident settlement in Kane County. Our attorneys have the experience and diligence to fight for the rights of their clients and succeed in doing so.

If you or a loved one has been the victim of a healthcare professional’s negligence, please contact an attorney immediately to better understand your rights under the law.

Our Chicago personal injury lawyers were intrigued by an article in the Chicago Tribune earlier this month that claimed that using a cell phone while bicycling may soon become a ticketable offense. This proposed legislation would hopefully protect both bicyclists and motorists, and help to reduce the number of traffic accidents caused by distracted individuals.

The Pedestrian and Traffic Safety Committee has proposed a city ordinance that would allow Chicago police officers to issue citations to cyclists who use their cell phone to either call or text while bicycling. Riders would be required to use a hands-free device, if they wanted to use their phone while riding their bike.

This new legislation comes in the wake of laws enacted banning automobile drivers from using cell phones while driving. Several states and municipalities – including the City of Chicago – have enacted ordinances preventing drivers from using phone to talk or text while driving, and this would streamline the laws to include cyclists who share the roadway. Because bicyclists have the same privilege and duty of care as motor vehicle operators in using the roadway, there is no reason that the laws shouldn’t apply equally.

As a result of thousands of fatal car accidents across the country resulting from drivers who were distracted by their cell phones, countrywide awareness has been raised about the problem of what has been termed ‘Distracted Driving.’ Driving while unfocused by a call or text is not only dangerous to the driver who is preoccupied, it’s unsafe for everyone else on the roadway, including other drivers, pedestrians and cyclists. Distracted bikers have the same propensity to cause collisions, and this law is aimed at keeping everyone safe. Consequently, a number of pro-cyclist advocacy groups have publicly championed the proposed law, stating that they are in favor of prohibiting behavior that is dangerous to cyclists and motorists alike.

As per the report by the Chicago Tribune, if the law is in fact enacted, the distracted cyclist’s first offense would result in a fine between $20 and $50, and subsequent offenses would result in greater fines. If a biker is found to have been liable for causing an accident while texting or talking without a hands-free device, the fine could potentially be as much as $500.

Nevertheless, whether the proposed legislation is passed or not, our Chicago personal injury attorneys want bicyclists to be aware of the dangers of using a cell phone while biking. The potential danger is enormous, and the cyclists risks injuring or killing him- or herself and others. No call or text is worth a person’s life, especially when safer options – such as hands-free devices, or better yet, pulling over to answer a call or text – are available.

Our Chicago personal injury lawyers have successfully handled nearly every type of motor vehicle negligence case and recovered millions of dollars in accident lawsuit verdicts and settlements for victims and their families. Our attorneys have both the experience and knowledge to handle even the most complex car accident lawsuits.

If you or someone you love have been injured in an automobile accident, contact an attorney to better understand your rights under the law.

According to a story by ABC News, the American Automobile Association reports that Halloween night – the night of October 31 – is the deadliest night of the year for car accidents. Our Chicago personal injury lawyers want you and your family to stay safe on what should otherwise be an enjoyable kid-friendly celebration.

In order to avoid potential danger, individuals should take precautions when approaching the roadways, either as a driver or a pedestrian. The American Automobile Association (AAA) provided a number of safety suggestions, and we’ve augmented their ideas to help provide the best advice to keep you safe.

1. When driving a car, watch out for kids. Trick-or-treaters may be eager to get from door to door, and may dart out into traffic without watching where they’re going. Additionally, masks may restrict children’s’ vision, making them unable to see oncoming traffic. Finally, costumes with dark colors may make children hard to see, especially if you’re not actively looking for them. On the other hand, if you are alert to the possible danger of kids in the roadway, you may be able to avoid a potential collision

2. Watch out for other drivers. Halloween, while largely a holiday for children to collect candy, is also an excuse for adults to have fun, too. However, when a grown-up gets behind the wheel after having had too much to drink, he or she is a serious hazard to him- or herself and to other people on the road. Don’t be the person who drinks and drives, and be aware that other drivers might not be at their prime. Alcohol and the road are never a good combination.

3. Slow down. According to the AAA’s safety suggestions, an accident involving a pedestrian is more than twice as likely to be fatal if a car is travelling at 35 mph instead of 25 mph. Slowing down, especially in neighborhoods where children are trick-or-treating, may help prevent pedestrian deaths.

4. Try to avoid neighborhood routes. Trick-or-treaters are more likely to be present in residential areas, so if possible, try to avoid neighborhood roadways. Instead, take major commercial roadways that don’t have many houses lining either side.

5. Parents should alert children to the dangers of traffic, and should select costumes with bright or reflective parts to make kids visible to drivers. If possible, parents should also accompany young children when trick-or-treating, and advise kids to look both ways before crossing the street. Keeping children out of oncoming traffic is the biggest factor in preventing collisions.

Ideally, Halloween scares should only involve ghosts and goblins – not car accidents. If we all do our part to be aware of potential dangers, we can make sure that those hazards never turn into real injuries.

Our attorneys want Halloween to be a fun time for everyone, and have a lot of great ideas about keeping children safe while trick-or-treating. Please also enjoy these Halloween safety tips from our Chicago personal injury attorneys: http://www.illinoisinjurylawyerblog.com/2011/10/our_illinois_personal_injury_a_1.html

We wish you a safe and happy Halloween!

A recent report authored by the American Association for Justice has just been released, claiming that the United States Chamber of Commerce’s Institute for Legal Reform’s corporate board members aggressively litigate whilst blocking access to courts for the American populace. The corporate board members are a number of large, nationwide corporations that have an interest in limiting access to litigation against them.

The Chamber of Commerce’s Institute for Legal Reform is an advocacy group that has adopted the posture that plaintiff trial lawyers have allegedly inappropriately expanded laws by over-litigating. The Institute was founded in 1998 by the United States Chamber of commerce to launch multiple lobbying efforts against plaintiff’s attorneys.

However, it now seems that the major players on the board are using the Institute for their own objectives. A number of corporate board members have been shown to be over-using the courts – contrary to the Institution’s mantra – to gain advantage over competitors.

Although these board members – all of whom are large corporations hoping to limit lawsuits against themselves and other big companies – have the right to access the legal system, what makes their actions unethical is the fact that they are endorsing legislation that would prevent others from utilizing the legal system. Ten board members in particular have regularly used the legal system to push their personal legal agendas, while hypocritically promoting tort reform intended to limit access to the courts for laypersons. The American Association for Justice named these culpable board members: Honeywell Security, FedEx, Dow Chemical Company, General Motors Corporation, Caterpillar, State Farm, Koch Industries, Abbott Laboratories, Prudential and Johnson & Johnson.

Our Chicago personal injury lawyers know that in order to truly achieve justice, individuals who are harmed by the negligence or recklessness of companies need to be able to take those companies to court for their negligent actions.

One such company, Johnson and Johnson has come under recent scrutiny for their defective hip replacement products. In fact, our Chicago injury lawyers are handling a number of cases regarding the Johnson & Johnson DePuy orthotic hip replacement; Johnson & Johnson's artificial joint division, DePuy Orthopaedics, recalled their ASR XL Acetabular System and their ASR Hip Resurfacing System. Many patients who received DePuy hip implants now suffer pain, swelling and other complications. One in eight recipient has had to undergo a second surgery to correct the damage caused by the DePuy hip implants. It is ironic and inappropriate that this company in particular is seeking to limit access to the courts, yet using the legal system to its own advantage.

Our Chicago personal injury attorneys serve a very important function. When clients come to us, we help them to achieve justice against those who have wronged them. Our attorneys have the requisite experience and understanding to fight for your rights. If you or a loved one have been harmed by another’s negligence, you should contact an attorney immediately to better understand your rights under the law. No one – especially companies with an ulterior motive – should prevent you from accessing the law.

Our Chicago personal injury lawyers read with concern the latest product recall involving Harley-Davidson motorcycles. According to recent reports by MSNBC and The Associated Press, Harley-Davidson is recalling about 308,000 motorcycles due to an equipment malfunction that has been show to cause failure of the brake lights, and potentially even the rear brakes as well.

Harley-Davidson is an American motorcycle manufacturer specializing in heavyweight motorcycles designed for use on the highway. According to the latest recall, in certain Harley-Davidson products, brake light switches can be exposed to too much heat from the exhaust system, which in turn causes the brake lights to fail and, in some cases, causes fluid leaks and the loss of rear brakes.

Products Liability law is the area of law in which manufacturers and distributors of products who disseminate those goods to the public, may be held liable for any injuries caused by defective merchandise. Product liability claims generally fall into three categories: manufacturing defects, design defects, or a failure on the part of the company to warn consumers of the potential danger associated with the product.

Manufacturing defects are problems that arise during the production of a product, and usually present in the form of faulty or improperly working items. Design defects are ones that cause injury when a product’s design is inherently dangerous, no matter how well the product is made – such is the case in the situation with the Harley-Davidson bikes, where the exhaust was placed in such an area as to cause damage to other parts of the motorcycle. Finally, Failure-to-Warn flaws occur when manufacturers distribute a product that is potentially dangerous, but fails to warn purchasers of the possible harm; in cases such as those, if the manufacturer knew about the potential for injury and didn’t warn customers, the company can be held liable for any injuries the consumer incurs.

In this situation, the faulty exhaust system may be found on Touring, CVO Touring and Trike vehicles from the 2009 through Harley-Davidson’s 2012 model years. As per MSNBC’s report, Harley-Davidson says it will notify owners of the recalled motorcycles of the retraction of those bikes from the market, and dealers will install a rear brake light switch kit free of charge. Although Harley-Davidson says it's aware of only one crash from the problem, the recall was instituted to ensure that no more consumers are harmed as a result of the faulty motorcycles.

Our Illinois personal injury attorneys understand the intricacies of Illinois product liability cases, and have successfully handled a number of these cases. In fact, our attorneys won a $3 million settlement against a car manufacturer that improperly designed the fuel delivery system of a vehicle, resulting in a fuel-fed fire after a head-on collision that killed the occupants of the vehicle.

If you or a loved one have suffered as a result of a defective product, contact an attorney immediately to understand your rights under the law. Special laws are in place to protect consumers and make sure that restitution in paid for their injuries.

Following yesterday’s article about the removal of the national online database of medical malpractice claims from public access, our Illinois personal injury attorneys were also interested in a breaking news story from last week’s Chicago Tribune.

According to the report, despite the eradication of the national database (which, itself, redacted the names and addresses of negligent physicians), Illinoisans can now access information about Illinois doctors – including data regarding healthcare malpractice claims – by way of a public database that is now available on the internet.

Similar to how the federal database was taken offline as a result of policymakers’ concerns over doctors’ privacy rights, the Illinois database was temporarily taken down when the Supreme Court of Illinois struck down a medical malpractice reform law, citing the legislation as unconstitutional. Now, however, the information is once again available to the public as a result of Governor Pat Quinn signing into law the Patient Right to Know Act.

The facts and figures have been made available via the Illinois Department of Financial and Professional Regulation's website, and includes information on 46,000 doctors and 4,500 chiropractors, as well as Illinois medical malpractice cases and settlements going back five years.

Also included in the Illinois database is data such as the medical school which the physician attended, board certifications, policies regarding Medicare and Medicaid patients, and number of years in practice.

Allowing this information to be accessed by consumers could potentially protect patients in a number of ways: it can assist individuals in choosing safe hospitals; it can encourage doctors to raise their standard of care, since practice information is being made transparent; and it can encourage lawmakers to implement and enforce health and safety regulations if information is available to show that particular healthcare professionals or institutions are acting in a negligent manner.

When physicians hold themselves out to the public as experts in their field, they are essentially creating an obligation for themselves to treat their patients with the utmost care. When doctors fail to do so – either by careless or intentional acts or omissions – they can be held liable for the injuries caused by their negligence, as well as the costs incurred to repair or compensate for those wrongs.

When someone has been determined by a court of law to be legally responsible for having injured another, the wrongdoer may be made to pay the injured person compensatory damages. Compensatory damages attempt to put an injured person back in the position he or she was in before being injured; these include such things are reimbursement for medical expenses, hospital bills, wages lost as a result of an injury, and intangible things such as pain and suffering. In some cases, punitive damages are also awarded in these lawsuits. Punitive damages are intended to punish the negligent party and prevent them – as well as others in similar positions as the wrongdoer – from harming others. These are generally only awarded when the injury-causing behavior is exceptionally egregious.

Injuries suffered as a result of medical malpractice can be severe and life altering, and our Chicago personal injury lawyers have the experience and understanding to fight for your rights. If you or a loved one have been harmed as a result of a medical provider’s negligence, contact an attorney immediately for an assessment of your rights under the law.

Our Illinois personal injury lawyers have concern for their clients over the Obama administration’s agenda to remove a database of physician discipline and malpractice action reports from the Internet. To date, the information has been eradicated from public access, but activists are fighting the policy in attempt to regain access to the data.

According to the New York Times, The National Practitioner Data Bank had a “public use file” of compiled data – with doctor’s names and addresses redacted – that provided information to state medical boards, insurers and hospitals, as well as researchers and reporters, to protect patients. Now since the data is no longer available for use, it is nearly impossible to investigate or analyze trends in medical malpractice incidents and disciplinary actions.

The worry is that would-be patients will not be able to have the benefit of potentially protecting themselves from demographic areas that are rife with negligence. Additionally, concerns have been raised with regard to the Constitutional right of the Freedom of the Press and whether they can report on physicians’ carelessness. However, because the federal database itself does not reveal identities, the argument can easily be made that it does not infringe on the privacy rights of the individual doctors.

Illinois medical malpractice claims arise when people are injured by either careless or intentional acts of a doctor, nurse, hospital, or other healthcare provider. Healthcare professionals have a specific duty of care for their patients; when another person’s acts or omissions lead to the injury or death of a patient, they are liable for the damage caused by the injury, and may be made to pay the injured person compensatory damages. Additionally, hospitals and care facilities may be held liable for improperly training or supervising their staff, if the employees’ negligent behavior is the cause of the injury.

According to Charles Ornstein, president of the Association of Health Care Journalists and a reporter for ProPublica, an investigative newsroom, “Reporters across the country have used the public use file to write stories that have exposed serious lapses in the oversight of doctors that have put patients at risk…Their stories have led to new legislation, additional levels of transparency in various states, and kept medical boards focused on issues of patient safety.” In addition to direct patient safety, this information has been used to urge policymakers to increase health and safety standards around the country. If it were to be put back online, future patients could potentially be protected.

Our Illinois medical malpractice attorneys understand the emotional, as well as physical, agony that accompanies medical malpractice cases in Illinois, and have the diligence and understanding to succeed on behalf of their patients. Our attorneys won 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, as well as a $6.5 million settlement for a young girl who suffered a brain injury during birth, resulting in cerebral palsy, after physicians failed to timely perform a C-section.

If you or a loved on have suffered as a result of a healthcare provider’s negligence, contact an attorney immediately to understand your rights under the law.

It’s that time again. Halloween is almost here, and your little ghosts, pirates, and princesses are getting excited. Although Halloween can be a lot of fun, our Chicago personal injury lawyers know that there are a number of dangers we should keep in mind in preparing for this holiday season. If we keep safety first, we can all have a fun and happy Halloween.

So how exactly do we keep kids safe this Halloween without putting a damper on the spirit of the festivities? Following these simple rules can help ensure that the holiday is an enjoyable and safe one.

Check Candy Carefully.
Fears about Halloween horrors often involve stories of candy that has been tampered with. It’s important to teach children to be aware of packaging that looks as if it has been opened. If they find treats in their bag with suspicious or opened wrappers, they should either show the candy to an adult or throw it away. In the best-case scenario, parents should examine candy right when the child gets home from trick-or-treating to make sure that the candy is safe to eat.

Prevent Car Accidents.
Everyday safety rules still apply on Halloween; however, alone they may not be enough to protect excited kids running around neighborhoods after dark. Looking both ways when crossing the street and holding hands when kids cross the road are ‘musts,’ but also ensuring that your child’s costume has bright colors or a reflective item can help drivers see children crossing.

Stay Within Reach of Your Kids.
If possible, accompany your child while he or she trick-or-treats. However, if you can’t be with your kids, make sure that they carry a cell phone in case of emergencies, or in case they get lost. It’s always best to be within reach of young kids when they’re out alone, and it may give you a sense of comfort knowing that you can get hold of them in case of emergency, and vice versa.

Make Kids Aware of Fire Hazards.
Although a lot of costumes are ‘fire retardant,’ or ‘flame resistant’ it’s still a good idea to teach children to stay away from candle-lit jack-O-lanterns and luminaires to prevent fire accidents. Even in fireproof costumes, little hands and ponytails can still get burnt, so it’s best to avoid the danger altogether.

Have a Meeting Spot in Case of Separation.
Before your kids go out trick-or-treating, plan a meeting spot in case they get separated from each other or from you. Also, pick a route that is well lit, and if possible, in a neighborhood with which your children are familiar.

Have Fun!
Halloween is a fun and exciting time of year. So long as your children understand the basic rules (Don’t talk to strangers, look out for cars, etc.) as well as some basic safety tips for Halloween, you can feel comfortable letting them go out and enjoy the holiday.

Our Illinois injury attorneys wish you a safe and happy Halloween!

Our Illinois personal injury lawyers are all too aware of the dangers of devastating crib-related injuries. In fact, according to the journal Pediatrics, as many as twenty-six children across the United States die each day from injuries associated with their cribs. Because of the dismal nature of these injuries – and the overwhelming emotional trauma suffered by the families of these infants – our Chicago injury attorneys wanted to provide a number of safety tips to help prevent injuries from occurring:

Do NOT Use Crib Bumper Pads.
Because babies’ motor skills are not yet fully developed, bumper pads pose a risk that the baby may roll toward them and, because the baby cannot turn away, may suffocate as a result. Modern crib specifications require crib slats to be placed close enough together that the baby’s head won’t get stuck between the bars, so bumper pads are no longer a necessity.

Use Only A Well-Fitting Bottom-Fitted Sheet on a Proper Mattress.
Additionally, do not place any other objects, such as toys, pillows, or blankets in the crib while the baby sleeps. These may cause the baby to get tangled in them, and the child may not be able to free him- or herself. Only the bottom-fitted sheet is necessary, and babies may be dressed in sleepers to keep warm.

Additionally, make sure that the mattress fits well inside the crib, with no room for the baby’s limbs to slip down between the mattress and the side of the crib. The mattress should be placed in the position of the lowest possible setting – depending on the child’s height – that the baby can pull him- or herself up. Making sure that the mattress is at the correct height in relation to the side of the crib prevents a growing child from getting to the point at which he or she may be able to pull him- or herself out of the crib.

Place the Baby on His or Her Back in the Crib.
The American Academy of Pediatrics advocates that this is the safest position for the baby to sleep, and further suggests that this may reduce the baby’s risk of Sudden Infant Death Syndrome.

Make Sure the Crib is in Good Shape.
A risk that often comes with antique or used cribs is the fact that they are sometimes missing important parts, or that hardware has become loose or damaged with use. Also, antique cribs may have been painted with lead paint, which can be a serious health hazard to your baby.

Make Sure the Crib is Up to Modern Requirements.
Another problem with antique cribs is that their designs are often not up to current safety standards. Today, cribs are required to have slats be no more than 2 3/8 inches apart, to prevent the child from getting his or her head stuck between the bars. Older cribs may not have been built with these requirements in mind, and may not be nearly as safe for the child.

Our attorneys hope these tips are helpful in protecting your baby from harm.

In part II, act IV of William Shakespeare’s Henry VI, he writes, “…the first thing we do, let’s kill all the lawyers.” Although on the surface, it looks like this mirrors the feelings of society today held toward lawyers, the phrase itself, when restored to the full context, is a suggestion that the way to overthrow democracy and therefore get rid of all of our liberties and freedoms is to ‘kill all the lawyers.’ In reality, Shakespeare was paying the highest compliment to the profession of law by suggesting that it is the glue that holds our democracy together.

Imagine a world without attorneys. Though a number of people would jokingly suggest that it would be the perfect situation, in all reality it would be nothing short of chaos. Our system of justice would eventually revert back to the barbaric notion of an-eye-for-an-eye, and without a court system, who would ensure that justice was ever really served? At the very outset, we would become a society based on one-upmanship revenge, which would continue until we eventually killed each other or reinstated the profession of law. Perhaps this hypothetical is a bit exaggerated and melodramatic, but in truth lawyers have been the champions of individual and civil rights, while at the same time helping to regulate the society itself by providing an outlet for people to express their grievances.

Our Illinois personal injury lawyers serve a very important function. When clients come to us, we help them to achieve justice against those who have wronged them.

Illinois Personal injury lawsuits arise when people are injured by careless or intentional acts of others, or are injured by products that are defective in some way. When a person or company is determined by a court of law to be legally responsible for injuring another, that person or company is liable for the injury and the damages required to compensate for that harm.

Our Chicago injury lawyers understand that, after an injury or accident your immediate goals after going through such trauma are to get your medical bills paid and covered, make sure you do not suffer financially through any lost wages, and make sure your insurance company will pay for future treatment relating to your injury.

Our attorneys have the requisite experience and understanding to handle complex cases, and have had enormous success because of their hard work and conscientiousness, as well as their intimate understanding of the law. In fact, our attorneys won 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, as well as a $6.0 million settlement for the families of 6 children who died in a tragic apartment fire on Chicago's north side. Our attorneys are compassionate and understanding, and play a very important part in helping realize justice for clients who have been harmed by the negligence of others.

If you or a loved one have suffered injury or death as a result of someone else’s negligent acts or omissions, contact an attorney immediately to understand the options available to you.

It seems once again former Governor Mark Sanford is surrounded by catastrophe. Our Illinois personal injury lawyers were saddened to read that a six year-old boy was found dead at the bottom of a pool during a party at the home of the former governor’s brother and sister and law.

According to the Beaufort Gazette, the boy drowned during a birthday party while swimming unsupervised. A lawsuit has been filed on behalf of the boy’s parents claiming that, not only were children at the pool party not properly watched, but the boy wasn’t given a lifejacket, despite the fact that his parents had said he could not swim. He had been invited to the home for a birthday party where many children would be swimming.

When the boy was found during the party, he was immediately taken to a local area hospital where he died two days later. Although the coroner’s office ruled the death as accidental, the boy’s parents are blaming the homeowners for the death of their son.

In general, property owners owe a duty of care to people they invite on to their property. Premises liability law is the body of law which makes a person or company who is in possession of a particular property responsible for injuries suffered by persons who are present on the premises. The landowner may be liable for damages resulting from certain injuries caused on the property, especially if the hazard causing the accident was something about which the property owners were aware. In this case, the homeowners may have been responsible for failing to ensure the boy’s safety.

Swimming pools can be a wonderful diversion in warm weather, but they carry the risk of serious injuries if pools are not operated, secured, or maintained properly. In our state, an Illinois premises liability lawsuit can be filed if the swimming pool operator did not follow regulations for securing or maintaining the condition of the pool or its surroundings.

Our Chicago personal injury lawyers have extensive experience handling premises liability cases, and understand the emotional toll these accidents have on victims and their families. Our attorneys have the diligence and expertise necessary to succeed in these types of claims, and even won a $6 million settlement for the families of 6 children who died in a tragic apartment fire on Chicago's north side. Two other children sustained severed burns in the fire. The landlords of the building failed to have proper and working smoke detectors in violation of the Chicago Municipal Code and the children were not able to escape the building in time.

If you or your loved one has suffered a serious personal injury or wrongful death in a swimming pool accident in Illinois, you may be able to seek compensation for your injury or loss while holding any and all wrongdoers accountable. Contact an attorney immediately to discuss your potential case with a lawyer who can determine if someone else’s negligence caused your pool-related injury or the wrongful death of a loved one.

Our Illinois personal injury attorneys were content to hear that justice had been served in a case where a 29 year-old mother was killed by a Toys “R” Us product. When companies put products on the market, they are responsible for their merchandise, and its safety; when injuries are caused by defects in the companies’ products, any business that manufactured or distributed the product to the public can be held liable for the damages incurred. Often these accidents can be devastating to families, such as was the case in this particular incident.

A jury recently awarded $20.6 million in damages to a man whose wife died from injuries caused by a flaw in the design of a swimming pool slide from Toys “R” Us. In July of 2006, the woman went down the inflatable slide into the pool where her husband and baby daughter were swimming. According to the Boston Globe, as she neared the bottom of the slide it “bottomed out,” which caused her head to hit the pool deck as she entered the water.

As a result of the slide’s failure, the mother suffered neck fractures that left her quadriplegic, and ultimately she had to be taken off life support because of the seriousness of her injuries. The jury awarded both compensatory damages and punitive damages to the family, following the hearing in court.

Briefly, compensatory damages are intended to reimburse a family for things such as time lost with their loved one, the loss of companionship and love from their family member, and the amount of projected wages that the deceased individual would have contributed to the family’s future income. 
Punitive damages, on the other hand, are monetary verdicts awarded to injured parties that serve to send a message to a company that their behavior is unacceptable. They act as a discouragement to the defendant and others similarly situated, and – in the best case scenario – stop others from engaging in the same negligent acts or omissions.

As per the report by the Boston Globe, the faulty Toyquest Banzai slide was imported from China and did not comply with federal standards regulating swimming pool slides. In this case, the punitive damages would serve to show Toys “R” Us that they cannot sell defective products, nor put products on the market that are not properly tested to comply with safety standards.

Our Chicago personal injury attorneys understand how devastating injuries from Illinois products liability cases can be. They have the understanding and diligence required to succeed, and even won a $3 million settlement against a car manufacturer that improperly designed the fuel delivery system of a vehicle, resulting in a fuel-fed fire after a head-on collision, which killed the occupants of the vehicle.

If you or a loved one has suffered as a result of a flawed or faulty product, you may be entitled to compensation for your injuries. Please contact an attorney immediately to be apprised of your rights under the law.

Our Illinois personal injury lawyers are aware of a common misconception proffered by policymakers and pundits that says medical malpractice litigation is to blame for the spike in healthcare costs and disappearing access to healthcare. Nevertheless, despite these urban legends it’s simply not the truth.

Having heard countless tall tales detailing burglars who have filed for damages after getting hurt while robbing a home, and judges who have sued over the loss of clothes at the drycleaners, it seems that there is no limit to the hundreds of grievances that can and would be filed. Placing a limit on the types of lawsuits that can be filed, as well as the amount of damages that can be recovered would seem to be a solution -- however, we must ask ourselves if this is really the way things are. The numbers would shock most Americans with the sheer lack of statistics supporting that picture of society.

If we take a closer look at the figures of actual lawsuit statistics, research typically shows Americans rarely take their disputes to court. For every one thousand grievances, there are only 718 claims made. This means that many clashes simply end with an informal decision between the parties to let the grievance go, and resolve differences outside of court. Within the scope of the 718 claims, only 449 of them turn into disputes in which one party doesn’t agree with the suggested compensation. Taking it one step further, of the 449 contentions, only 103 of those claims actually consult lawyers with regard to the grievance. At this point we must realize that only ten percent of the infringements make it as far as a law office, which perhaps begins to debunk the myth of lawsuit-crazed Americans. But it doesn’t stop there. Of those that have made it as far as consulting an attorney, only 50 actually file in court. That’s 50 out of the original 1000 disputes. As we can easily see, lawsuits are simply not as prevalent in this country as we make them out to be.

But what about Illinois medical malpractice cases in particular? For the answer to that question, we can look to Texas for a prime example. In 2003, the state imposed some of the strictest liability caps in the country. According to the Star Telegram, the result was all but disastrous; in fact, the report showed that Medicare spending in Texas has risen faster than the national average, and so have private health insurance premiums, but it has done nothing to increase the number of doctors in the state, and the law only benefits insurance companies – not the general public.

Despite the caps on damages that were originally instituted more than 7 years ago and intended to indirectly cause insurance premiums to drop, it seems that health care coverage is unaffordable to more Texans since the law took effect. The Star Telegram reports that healthcare costs and insurance premiums have continued to rise in Texas even more than the national average since the cap on medical malpractice damages was enacted – exactly the opposite of what was supposed to happen.

Our Chicago personal injury lawyers have always fought hard for their client’s rights, and strived to obtain fair compensation for clients after devastating incidents such as permanent injury or the loss of a family member.

This past February, a 51 year-old sanitation worker was crushed to death inside a city refuse truck, while performing tasks in the course of his occupation. Although initially city officials blamed the man, claiming that he violated protocol by climbing into the back of the truck to clear a jammed mechanism, a state agency has just released a statement asserting that the man was simply following policy.

According to The Virginian-Pilot, a report from the Virginia Department of Labor and Industry found that the man’s actions were entirely consistent with city policy when he entered the truck's hopper to clear debris from a blade that compacted trash. Devastatingly, the hydraulic system engaged, and the man was crushed to death inside the truck. The truck was still running when police and emergency responders were called to the scene.

Stemming from an investigation immediately following the worker’s death, state investigation officials found that an important safety system that was a part of the truck designed to protect drivers while the truck was running, was not working properly on this particular truck. Reports stated that when the door to the hopper is opened, the power to the hydraulic system should shut down – but this didn’t happen, and as a result the man was killed as a result of the safety system’s breakdown.

These safety systems are supposed to be checked daily before trucks begin collecting trash, and the state’s report found that it was not checked the morning of the man’s death. Had the trucks been properly checked, the malfunction would likely have been noted, and the man’s death potentially could have been prevented.

Moreover, the Department of Labor and Industry’s report showed that the worker was not accustomed to driving this particular model of truck, and that “the operator had not reviewed and been trained on the operator's manual for the vehicle.” Responsibility for properly training employees is in the hands of the city who employs the truck drivers, and when injuries occur as a result of employees being untaught, the city is liable.

According to The Virginian-Pilot, since the man’s death, the state has cited the city for 19 safety violations, including eight violations related to the man’s death. State officials say that the investigation is currently ongoing, and that changes are being made to the management of the city’s sanitation department.

The man, a Navy veteran is survived by his wife, two children, and four grandchildren. Our Chicago wrongful death lawyers understand how devastating it is to lose a loved one to another’s negligence, and appreciate the complexity of Illinois work injury cases. Our attorneys even 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 a loved one has suffered as a result of a workplace injury, contact an attorney immediately. Numerous laws are in place to protect worker’s rights.

Often times, following accidents or injuries that are caused by a person or company’s negligence, the negligent individual or corporation must face two types of trials: a criminal trial that holds the party responsible for illegal actions, and a civil trial to compensate the victims for such things as medical bills, loss of time with a loved one, and pain and suffering.

This is exactly what’s happening in our attorneys’ ongoing Illinois wrongful death lawsuit. The wrongful death case arises from a situation in which a nurse at a Woodstock, Illinois nursing home improperly administered medication to patients, which allegedly caused or contributed to cause their deaths.

60 year-old nurse Marty Himebaugh has been dubbed the “Angel of Death.” This past Thursday, October 13, she pled guilty to criminal neglect of a long-term care facility resident. According to the Chicago Sun Times, her sentence has not yet been determined, but she faces up to three years in prison for the Class 4 felony. Sentencing is scheduled for December 14 of this year.

Although the plea bargain only relates to one of the patients to whom Himebaugh was accused of improperly administering medication, she may still be found liable in a civil court of law. Our Illinois nursing home negligence attorney on this case, Steve Levin, commented: “We’re pleased that she at the very least admitted some guilt for her actions. We’re disappointed that she didn’t face trial on all the charges against her, but we recognize that plea bargaining is a part of our judicial process.”

In the criminal case, the crime to which Himebaugh did plead guilty was related to giving anti-anxiety medication to whom it wasn’t prescribed. The patient later fell and suffered a cut to his forehead. Himebaugh later told police that she had “borrowed” the medicine from another resident.

Following an investigation conducted by the Illinois Department of Public Health, it was learned that Himebaugh overmedicated patients to guarantee that the nurses had quiet shifts. The same investigation also revealed that Himebaugh told another co-worker that “[patients with Down Syndrome] aren’t meant to live this long. They are meant to die in their teens, and I’m going to help him along.” For purposes of the investigation, three bodies were exhumed and examined, including Virginia Cole, whose family our attorneys represent. Of the three, only Cole was referenced in the criminal indictment.
Himebaugh, along with her supervisor at the nursing home, Penny Whitlock, was indicted in 2008 for recklessly endangering the lives of patients by administering unprescribed medication and excessive levels of morphine. Whitlock, who is no longer facing charges, was accused of failing to act when she learned that Himebaugh was overmedicating patients.

Our Chicago nursing home negligence lawyers understand how devastating it is when vulnerable patients are harmed, and have extensive experience fighting for the rights of victims of nursing home abuse and neglect. If you or a loved one have suffered from improper care by a nursing home, contact an attorney immediately to better understand your rights under the law.

In Illinois, harvest time in the fall is a very important time for farmers – and since farming is such an integral part of this state’s culture, it is an industry that affects all Illinoisans.

Our Illinois personal injury lawyers understand the importance of farm- and farm equipment-safety. There are a number of ways to stay protected from potential dangers that are natural consequences of large-scale farming equipment.

Here are some suggestions for avoiding dangers this harvest season:

Be alert to the presence of slow moving farm machinery on roads. According to Bloomington’s Pantagraph newspaper, a car going 55 mph approaching a tractor in the same lane, going the same direction, at 15 mph will close a gap equivalent to a football field in just 5 seconds. If you’re not aware of these vehicles, it may be difficult to stop in time.

Also, remember that during harvest time, farmers may be working longer hours than usual, and may not be as alert as they ought to be. Be cautious when approaching, following, or passing farm vehicles on the road.

People working on farms need to be especially careful when approaching grain bins. According to the International Society for Agricultural Safety and Health, every year an average of 88,000 agricultural workers are injured and 551 are killed. Of those injuries and deaths, Illinois had the highest rate of accidents associated with grain bins.

When working in a grain bin, always have others nearby. In case of an accident, it takes at least two people to lift a person out of a bin. It is also smart to use a rope and safety harness when entering a bin to prevent falls. Children especially should be kept away from grain bins, and only experienced agricultural workers should enter the bins.

Clean silos often, and with acoustic cleaners. When silos are allowed to collect dust or fine particles in the air, a spark can trigger an explosion inside the silo. The blast will be powerful and potentially deadly, and will likely set both the grain and the building on fire. There are a number of methods of cleaning the inside of silos, but acoustic cleaning is by far the safest. During an acoustic cleaning, a series of quick and powerful sounds will cause the particles inside the silo to move at differing speeds based on their size and density. As a result, the particles detach from one another, and fall down as a result of gravity. This system replaced other approaches, some of which sent workers down into the silo to manually clean the inside.

Our Illinois injury lawyers know that the bestoccur result is to avoid a hazard altogether, before it causes injury. However, tragically accidents do. Our Chicago personal injury attorneys understand the laws involved and have the diligence to fight for your rights.

In many cases, farm safety falls under Premises Liability law, in which the owner of a property is liable for injuries that occur on that property as a result of the owner’s negligence. If you or a loved one have suffered a farm-related, or Premises Liability-related injury, an attorney may be able to advise you of your rights under the law.

Our Chicago personal injury lawyers are very familiar with Premises Liability law. Premises Liability law is the area of law that holds an owner of land responsible for certain injuries that occur on the land. In general, if an owner is aware of a danger on his or her land, the owner has a duty to warn persons who come on to the property of that hazard; if the person is not advised of the danger and suffers injury as a result, the property owner may be liable for damages.

In cases involving premises liability, plaintiffs must prove that the property owners either failed to maintain the property or created unsafe conditions which caused the injury, knew about the unsafe hazard but didn't alert visitors or tenants to this fact, was not careful concerning unsafe conditions which might attract children, or took actions or neglected conditions that caused damage to a neighboring property.

According to the Madison St. Clair Record, that’s exactly what happened this past August. A woman has filed a wrongful death lawsuit against the owner of Meketa Farms, claiming that her husband died as a result of the farmland owner’s failure to warn him of a large hole on the property.

The lawsuit claims that the property owner hired the man to run a tractor on the farm, but failed to warn him of a large hole on the property near where he was asked to run the tractor. When the tractor struck the hole on the land, the man suffered serious injuries that caused or contributed to cause his death.

The Madison St. Clair Record reports that the man’s wife has now filed a lawsuit, claiming that the landowner negligently allowed a large hole to exist on the land, failed to warn the man of the large hole before asking him onto the land, failed to adequately inspect the land to discover the dangers a large hole presented to a tractor driver, and directed the man to drive the tractor near the large hole. If a court finds that these claims are in fact true, the farm owner could potentially be liable for a significant amount of money to remedy the harm.

Because of the man’s death, his wife lost his love and companionship, which is something that is typically compensable in Illinois wrongful death lawsuits.

Our Illinois wrongful death lawyers are experienced in handling cases such as this one. In fact, our attorneys obtained 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. Our Chicago wrongful death attorneys also won a $5.7 million settlement for a 27-year-old Joliet, IL 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 your loved one has died or suffered injury on another’s property as a result of that property owner’s negligence, please contact an attorney immediately to understand your rights under the law.

It is with great pride we announce that Margaret P. Battersby Black, one of our exceptional Chicago personal injury lawyers, has been named as one of the Law Bulletin Publishing Company’s “40 Illinois Attorneys Under Forty to Watch.”

This accolade honors attorneys under the age of 40 in Illinois for their exceptional achievements on behalf of their clients, their work to advance the legal profession, and their commitment to their community. Lawyers are nominated by fellow attorneys, including co-counselors, judges and opposing attorneys.

Margaret’s “40 Under Forty” profile highlights her accomplishments and her reputation as a fair and commendable colleague and adversary. It also notes Margaret’s diligence and commitment to her clients. In less than three years as a lawyer, Margaret has already achieved a number of notable settlements for her clients in personal injury and wrongful death matters involving complex medical malpractice, nursing home abuse and neglect, and accident matters, including a $17.7 million Illinois medical malpractice settlement against a Chicago hospital. She also assisted in a $3.3 million medical malpractice/wrongful death settlement, a $1 million settlement nursing home negligence settlement, and a $750,000 pressure sore settlement against a Chicago nursing home.

But Margaret’s dedication is not limited to her excellence at work. She is an active member of the Chicago Chapter of the American Constitution Society and a member of the American Association for Justice, the Illinois Trial Lawyers Association and the Illinois State Bar Association. Margaret’s dedication also extends to her community involvement where she has an active role mentoring law students regarding such things as job interviewing techniques, resume building, and ways to succeed in law school. Additionally, she regularly judges law school moot court competitions at area law schools.

The Law Bulletin received over 1200 nominations this year for attorneys throughout Illinois. It is an enormous honor to be named as one of the attorneys who other Illinois lawyers believe are the “up and comers” of law in Illinois. We are extremely proud of Margaret for earning this well deserved distinction, and are thrilled to have her as an invaluable part of our team.

View Margaret’s Profile

Our Chicago personal injury lawyers understand the importance of Illinois Jones Act Claims.

The Jones Act is a law enacted by Congress that provides protection to persons who are members of the crew of a ship or vessel. The Jones Act provides an injured seaman a remedy against his or her employers for injuries arising from negligent acts of the employer or co-workers during the course of employment on a ship or vessel. This means that the employer must do something unreasonable or fail to perform a reasonable act that would have prevented injury in order for the seaman to win his claim.

The Jones Act applies to inland river workers as well as offshore workers who work on a jackup rig, semi-submersible ship or rig, barge, drill ship, tug/towboat, crew boat, drill ship, dredge, floating crane, tanker, cargo ship, fishing vessel, chemical ship, research vessel, construction barge, lay barge, motorized platform, diving vessel, cruise ship, recreational boat or other floating/movable structures.

Last month, a ship worker filed a Jones Act lawsuit against his employer, claiming that he fell as he was transporting fire extinguishers between decks on the deep water drill ship on which he worked. According to the lawsuit, the worker alleged that he suffered injury to his back, which has caused him to miss work, endure severe pain, and undergo medical treatment.

According to the South East Texas Record, the lawsuit was filed against the victim’s employers: Gulf Copper GP, Gulf Copper & Manufacturing Corp. and Pride International Inc. The suit claims that the defendants who owned, operated, and maintained the ship, failed to properly equip the vessel with the proper and safe equipment to move heavy materials between decks.

According to court documentation, the fire extinguishers which the man was instructed to carry weighed approximately 50 pounds each, and the worker was forced to carry them up and down steep stairways. 

"While maneuvering between decks transporting the heavy equipment, the plaintiff fell down the stairway severely injuring his back,"

 reports the South East Texas Record. Ultimately the plaintiff had to be airlifted from the ship to a hospital on shore, and to date he continues to receive medical treatment for his injuries.

Jones Act claims can be potentially traumatic, and our Illinois Jones Act attorneys understand how to best guide our clients through the process, and fight diligently for the most favorable outcomes. The Jones Act provides an injured seaman a remedy against his or her employers for injuries arising from negligent acts of the employer or co-workers during the course of employment on a ship or vessel. This means that the employer must do something unreasonable or fail to perform a reasonable act that would have prevented injury in order for the seaman to win his claim.

Our attorneys 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 a loved one has suffered injury from work aboard a ship, contact an attorney specializing in Jones Act claims to better understand your rights.

Our Chicago personal injury lawyers know that oil and gas wells are often latently dangerous. When they explode, the injuries and deaths they cause can be devastating.

When an oil and gas company fails to control the pressure in a well, it may result in serious equipment damage, as well as injuries to workers and loss of life. When oil and gas wells are improperly controlled, en explosion called a ‘blowout’ may occur, which is an explosion of fluid from the well.

According to the Knoxville News Sentinel, in September of 2010, a man was killed when an oil and gas well exploded at work. The man was struck in the head by well equipment which was launched as a result of the explosion. He died hours later from the head trauma.

Last month, the victim’s widow filed a wrongful death lawsuit on behalf of the couple’s three young children. The man’s employers were named as defendants in the lawsuit, including the well operator, Knox Energy LLC; the parent company of Knox Energy, CNX Gas Company LLC; and another company having an interest in the well, Consol Energy Inc. The claim alleges that the defendant corporations were negligent in safety training, supervision, and failing to post or give adequate warnings of danger at the well site.

The lawsuit seeks $5 million in compensatory damages and $5 million as a punitive damage award. Compensatory damages, such as the ones sought in this case, reimburse a family for things such as time lost with their loved one, the loss of companionship and love from their family member, and the amount of projected wages that the deceased individual would have contributed to the family’s future income.

Punitive damages are monetary verdicts awarded to injured parties that serve to send a message to the wrongdoer that their behavior is unacceptable. They act as a discouragement to the defendant and others similarly situated, and – in the best case scenario – stop others from engaging in the same negligent acts or omissions. Employers have the duty to ensure that the workplace is a safe environment, and when they do not, they are liable for injuries caused as a result of their negligence.

Our Chicago personal injury lawyers have experience handling Illinois wrongful death cases that are the result of workplace injuries. Our attorneys even obtained 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. Workplace injuries are devastating, and special laws are in place to ensure that employees are protected at work.

If you or a loved one have been injured at work, contact an attorney immediately to better understand compensation to which you may be entitled under the law.

Approximately five weeks ago, our Chicago medical malpractice attorneys reported on the dangers and problems associated with Johnson & Johnson’s transvaginal surgical mesh implants. To date, more than 270 lawsuits have been filed against Johsnon & Johnson, the New Jersey-based manufacturer and distributer of medical equipment and products. Other manufacturers and distributers of surgical mesh around the United States are also facing litigation.

According to recent reports by the FDA, approximately 75,000 women each year have surgical mesh devices inserted vaginally to treat pelvic or genital complications. However, the FDA’s latest updated analysis shows that problems and adverse effects are not rare in cases involving the use of surgical mesh in vaginal surgical procedures.
According to the FDA, surgical mesh is a medical device that is generally used to repair weakened or damaged tissue, and can be used to mend a weakened vaginal wall, or support the urethra or bladder neck during a procedure for urinary incontinence. The most common complications reported in the analysis were mesh erosion through the vagina, pain, infection, bleeding, pain during sexual intercourse, organ perforation, and urinary problems. There were also reports of recurrent prolapse, neuro-muscular problems, vaginal scarring/shrinkage, as well as emotional problems. Many of these difficulties require additional or supplemental surgical and medical treatment, and may incur costly medical bills.

The FDA initially warned of dangers associated with the product on July 13 of this year, and last month reclassified the devices, increasing their rating from ‘moderate risk’ to ‘high risk.’ Last week, a panel of FDA advisers participated in a two-day hearing to determine whether transvaginal surgical mesh can still be used as a safe and effective medical treatment, or whether the manufacturers must submit more safety data to keep their products on their market. Deputy Director of the FDA Center for Devices and Radiological Health has stated that “the clinical effectiveness of surgical mesh for transvaginal repair of POP has not been demonstrated.” If the harms are greater than the risks, the product ought to be taken off the market.

Although the FDA advisory panel hasn’t yet made any formal decisions as to predictions of whether or not the surgical mesh will stay on the market, they will soon likely conduct further clinical studies to determine that outcome. Illinois products liability cases – especially those relating to medical devices – allow consumers to be compensated for injuries when a defective product fails and causes injury. When manufacturers and distributers put a product on the market, they are liable for the product, and are expected to have ensured its safety by testing the product before releasing it to the general public.

In addition, Illinois product liability lawsuits send a message to negligent companies, and act as a warning to other manufacturers, who will hopefully be more careful as a result of facing the threat of litigation.

Our Chicago personal injury attorneys have handled numerous cases of product liability, and understand what it takes to gain a successful outcome. If you or a loved one has suffered due to a faulty medical device, an attorney will be able to help you understand your rights under the law.

Our Chicago wrongful death attorneys were saddened to hear of the death of a 21 year-old University student, earlier this year. According to the Glenwood Springs Post Independent newspaper, the student drowned in the Colorado River in June 2010, while working to help build the Glenwood Canyon Resort zip line.

The student had only been working for five weeks when the accident happened. The young man and two co-workers were on the job and transporting equipment across the river in a cable car when the car they were in sagged too low and dropped into the rushing current of the river. The student was flung into the river and drowned. He had not been wearing a life jacket at the time.

At the time of the incident, the three men were traveling in the cable car to reach property across the river, with the intent of constructing three, 350-foot zip lines across the Colorado River to be used by the resort. The Glenwood Springs Post Independent reports that the young man and his fellow workers were transporting a generator, shovels and other equipment across the river when the accident happened. The cable car couldn’t sustain the combined weight of the three men and the equipment.

Although the Garfield County Sheriff's Office Search and Rescue spent two days searching the river for any sign of Chisholm, the search had to be suspended as a result of dangerous river conditions. The man’s fellow employees from the resort continued searching the river, but the man’s body was found 16 days later, several miles downstream.

The mother of the student has since filed a wrongful death lawsuit on behalf of her son, alleging that the “Defendants knew or should have known the danger posed by use of the cable car at a time when the flow of the Colorado River was at such high volume.”

The defendants named in the lawsuit are Rock Gardens Rafting, Glenwood Canyon Zip Line Adventures; the owner of the cable car; and the young man’s work supervisor that day. If successful in her claim, the victim’s mother may be awarded damages for loss of love companionship from her son, as well as punitive damages to send a message to the defendants, urging them to be more careful in the future.

As a general rule, companies have a duty to supervise their employees as well as the working conditions to ensure that their workers are performing tasks in a safe environment. When they fail to ensure safe working conditions, employers may be liable for any injury that occurs on the premises. In this case, the cable basket had been used to haul equipment and workers across the river for nearly thirty years before it failed.

This is a devastating situation for all people involved. Our Illinois personal injury lawyers know how tragic and difficult Illinois wrongful death lawsuits can be, and have the requisite knowledge and diligence to fight for the rights of the families of victims.

If you or a loved one has been injured at work or on a construction site, it is important that you understand your rights to any benefits and compensation owed to you under the law.

For most of us, Chicago construction is a minor nuisance that slows down our travel to work. However, when road construction is improperly supervised and construction companies don’t warn motorists of uneven surfaces of the pavement, that nuisance can turn deadly.

Devastatingly, that’s what happened to a Joliet Fire Lieutenant this past August. The 38 year-old man was riding his Harley-Davidson motorcycle westbound on Interstate 80 when he hit a patch of uneven pavement near Chicago Street. The highway was reduced to one lane in that area, which further exacerbates liability on the part of the road construction company, in that the man had nowhere else to drive. According to the Chicago Sun Times, the man lost control of the bike and was thrown from the motorcycle, hitting the roadway. He was pronounced brain dead shortly thereafter.

Perhaps the most crucial fact is that the smallest change could have made a huge difference. The Chicago Sun Times reports that an attorney on behalf of the deceased’s estate says that there were no signs, markings, or other warnings given to motorists about the bump in the road. Had the Fire Lieutenant known of the hazard in the roadway, it may have made a difference in whether he lived or died.

Road construction companies bear the responsibility of making sure that their work does not negligently and harmfully impact drivers. When obstructions occur in the roadway, they have the burden of advising drivers of potential dangerous situations, and may be liable when people suffer injuries as a result of not knowing about the unsafe conditions.

The victim’s wife has subsequently filed an Illinois wrongful death lawsuit against D Construction Inc., the company hired by the Illinois Department of Transportation to work on I-80. The lawsuit alleges that D Construction didn’t supervise the construction properly, inspect the work, warn the public of a hazard, or fix defects in the roadway.

Injuries suffered as a result of motorcycle accidents can be severe and life altering. A person may suffer whiplash or burns to the head and neck, have nerve damage or spinal chord paralysis, broken or dislocated bones or limbs, or even have lost the use of a limb. In this case, the Fire Lieutenant died from the trauma he sustained, and if the road construction company is found liable for contributing to cause his death, his wife may have a successful Illinois wrongful death case for the loss of companionship of her husband.

Our Chicago personal injury attorneys have successfully handled nearly every type of motor vehicle negligence case – including motorcycle accident cases – and have recovered millions of dollars in Illinois motor vehicle accident lawsuits for victims and their families. They have both the understanding and experience to handle even the most complex motor vehicle accident lawsuits, and will fight diligently to ensure that you are fairly compensation and justice is served.

If you or a loved one has suffered from a motor vehicle accident caused by another’s negligence, contact an attorney immediately to get a better understanding of your rights under the law.

Almost three weeks ago, our Chicago personal injury attorneys first became aware of the cases of Listerosis confirmed to be a result of contaminated cantaloupes.

To date, as many as 17 people have died from the infected melons, and another 80 have become seriously ill. The Centers for Disease Control and Prevention has confirmed that the cantaloupes contaminated with Listeria Monocytogenes are from the Colorado lot that was recalled on September 14 by Jensen Farms.

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 is generally found in uncooked meats, processed foods, and other foods derived from animal products, however this outbreak of Listeria has been linked to whole, unsliced cantaloupes. 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.

According to the Washington Post, the latest victim is an 87 year-old man from Catonsville, Maryland. His daughter has subsequently filed suit in U.S. District Court against Jensen Farms, the cantaloupe producer and distributor. A wrongful death lawsuit will allow the woman to recover for the loss of companionship and love she would have received from her father, as well as send a message to the company that negligently distributed the contaminated food.

Food distributers have a duty to sell reasonably safe food, and are responsible for products they disseminate to the public. When those products cause illness, injury, or death, the companies are liable for the harm caused. Individuals who suffer serious personal injury, hospitalization, or even death due to food poisoning may be able to seek compensation for economic and non-economic damages.

In this latest case, the victim ate a contaminated cantaloupe manufactured, distributed and sold by the defendant, Jensen Farms. According to the lawsuit, two days after consuming the fruit, the man began to display symptoms of Listeria poisoning. He passed away on August 31, and the Baltimore County health department has since confirmed that a blood sample taken the day the victim died tested positive for the strain of Listeria Monocytogenes involved in the nation-wide outbreak.

Although the Department of Health and Mental Hygiene stated that no other cases of Listeria have been reported in Maryland, cases have cropped up across the country, and residents of all States may be in danger. Our Illinois food poisoning attorneys have extensive experience representing clients in similar cases to the one such as this, including a $4 million settlement for three convention attendees who contracted salmonella poisoning that caused them to suffer crippling arthritic injuries. If you or a loved one have suffered injury from contaminated food, an attorney may be able to advise you of your rights.

Related Article: http://www.illinoisinjurylawyerblog.com/2011/09/deadly_cantaloupes_recalled_fr_1.html

According to the U.S. Department of Agriculture Tyson Fresh Meats, Inc. has just recalled approximately 131,300 pounds of ground beef as a result of E. coli infection.

E. coli is a bacteria that is commonly found in the lower intestine of warm-blooded animals. Although most E. coli strains are harmless and are actually beneficial, some types have been known to cause serious food poisoning in humans. When virulent strains of the bacteria do take hold in humans, the bacteria can cause gastroenteritis, urinary tract infections, and neonatal meningitis. In rarer cases, virulent strains are also responsible for more serious diseases such as hemolytic-uremic syndrome, peritonitis, mastitis, septicemia and pneumonia.

The USDA has said that the infected meat was produced at Tyson’s Emporia Kansas plant on August 23, and the recall includes beef sold as Kroger brands at Kroger Co. supermarkets; Butcher's Beef at Food Lion supermarkets; and generic beef sold to SAV-A-LOT, Spectrum Foods, Supervalu and the Defense Commissary Agency, as well as beef sold under Tyson’s regular branding. The beef, all 73/27 lean to fat ratio, had a "best before" date of Sept. 12 and the number 245D printed on the packages.

According to a spokesperson on behalf of Tyson’s Fresh Meat, the meat was sold in pre-packaged printed tubes that are put directly into retail grocery store’s meat cases. He also said that it is likely that most of the affected product has either been taken off the shelves or consumed, but consumers are urged to check their freezers and return or discard any beef listed in the recall.

To date, four Ohio children have suffered E. coli associated illnesses after eating the meat with their family, and a nine year-old child was hospitalized for about 10 days with severe diarrhea. No other cases have been reported in the Ohio county, but Tyson Fresh Meats is based in South Dakota, and is a subsidiary of Tyson Foods Inc., of Springdale, Arkansas; this means that the contaminated meat has the potential to be anywhere in the United States.

The Ohio Department of Health confirmed that the children were sick as a result of E.coli, and testing revealed that the meat – purchased from a Kroger supermarket – was in fact contaminated. The meat production and distribution corporation is liable for the illnesses caused by the infected food, and may be required to answer to a personal injury lawsuit.

According to a 2010 report by the Centers for Disease Control and Prevention, each year approximately 48 million people suffer illness from food poisoning; of those, over 125,000 people require hospitalization and 3,000 die after consuming contaminated foods.

Foodborne illnesses may lead to serious personal injury, hospitalization, or even death due to food poisoning. Victims, and families of deceased victims may be able to seek compensation from the food production and distribution companies for damages resulting from the food poisoning. Our Illinois food poisoning lawyers have experience representing clients in similar cases, including a $4 million Illinois personal injury settlement for three convention attendees who contracted salmonella poisoning that caused them to suffer crippling arthritic injuries. If you or a loved one have suffered injury from a foodborne illness, an attorney will be able to advise you of your rights.

According to the Center for Disease Control, approximately 56% of boys born in the United States are circumcised in hospitals. Of those circumcisions, a significant percentage are performed with a device known as a Mogen Clamp.

Because it’s such a common practice, a California woman didn’t think she was putting her week-old son in danger when she took him to a Los Angeles doctor for circumcision. According to the LA Times, during the procedure, the doctor cut off most of the tip of her son’s penis.

The California woman filed a both medical malpractice lawsuit against the physician and a products liability claim against the distributer of the medical device that harmed her son. Although the lawsuit against the doctor was dismissed, the distribution company, Miltex Inc. and its parent company, Integra Life Sciences Holding Corp. have finally agreed to a settlement; almost 8 years later, the woman has obtained a $4.6 million settlement as a result of the medical equipment’s failure.

Nevertheless, despite the success of her lawsuit, the victim’s mother is still intent that the medical community take further steps to prevent errors during circumcisions, especially when the procedure involves a Mogen Clamp.

The LA Times reports that the Mogen clamp derives its name from the Hebrew word "magain," or shield. Invented in 1954, the Mogen clamp has been used continuously since its creation. During the procedure, the doctor first loosens the foreskin, then pulls it through the Mogen clamp, where it is clipped off with a single cut. Unfortunately, in this situation, the doctor improperly set the clamp, and the boy’s genitals were mutilated.

Recently, Mogen clamps have come under scrutiny because of numerous reports in which infants were injured by the Mogen clamp. In fact, in August of 2000, the U.S. Food and Drug Administration issued a public health warning about Mogen clamps after receiving approximately twenty injury reports a year since 1996, including lacerations, hemorrhaging, penile amputation and urethral damage.

Nevertheless, Mogen clamps have not been recalled from the market. Instead, the FDA has set guidelines to help doctors ensure that they are using the correct size of clamp, and performing the procedure properly. According to studies cited in the April issue of the Journal of Family Practice, with the Mogen clamp, a circumcision requires just one cut and is over in minutes whereas with other appliances, doctors must make multiple incisions, which takes more time and causes more pain. According to Dr. David Tomlinson the World Health Organization's chief expert on circumcision, about 10% to 20% of doctors still use the Mogen clamp

Because of the damage and disfigurement resulting from the physician’s use of the Mogen clamp, the boy has since had two reconstructive surgeries, and will likely need at least two more whilst in his teens and twenties to repair the physical damage. He will also likely need plastic surgery to fix the disfigurement. The proceeds of the product liability settlement will assist in paying for the costs of his future medical expenses.

Miltex, the manufacturer and distributer of the Mogen clamp has also reached settlements with the families of other victims, including a case last year in which a New York judge awarded $10.8 million in damages to the infant’s family. Our Illinois medical malpractice attorneys have the experience, diligence, and understanding to guide you through the litigation process. If you or a loved one have suffered as a result of a doctor’s negligence, or the failure of medical equipment, an attorney may be able to advise you of your rights.