Illinois Injury Lawyer Blog

Combining the findings from recent articles and reports from the New York Times, the Associated Press, and MSNBC, it seems that Chicagoans are facing a big problem.

Research shows that physicians and hospitals may be performing unnecessary tests and procedures for the sake of making an extra buck. The Associated Press says that patients whose physicians own the equipment are more likely to get scans they might not need than those whose doctors have no financial interest; the New York Times states that dentists are treating tooth abnormalities that may or may not develop into cavities; MSNBC reports that many doctors give women pelvic exams when medical guidelines don’t require them.

According to the Centers for Disease Control and Prevention, this is a concern because, “not only are the exams invasive, they also come with a risk of false positives that can lead to more unnecessary tests and procedures.”

As per a study that was presented at this week's Radiological Society of North America meeting in Chicago, many doctors who own MRI imaging scanners overuse them and use them to examine patients who don’t need that type of testing, as a way to offset the costs of the expensive equipment. Nevertheless, this isn’t the only study to suggest that overtreatment is a hazard affecting patients when doctors receive financial benefits from the treatments they prescribe. Although Medicare prohibits this kind of financial incentive, there’s an exemption when tests and procedures are performed in-office with the doctors’ own supplies.

Said the Associated Press, physician Dr. Rita Redberg, who as editor of the Archives of Internal Medicine has highlighted overtreatment in medicine, noted that most lower-back pain gets better without treatment. MRIs can lead to needless and risky surgery for harmless abnormalities.

As for unnecessary dental work, the New York Times reports that critics say the procedures are painful, and are driving up the costs of care. Additionally, excessive dentistry may end up harming patients both physically and monetarily. Says Dr. James Bader, a research professor at the University of North Carolina School of Dentistry, every time a dentist drills into a tooth, “you’re condemning that person to a refilling” years down the road. The New York Times reports that a number of experts don’t think it’s necessary to operate in the early stages of tooth decay, yet an enormous amount of practitioners are inclined to do so; in fact, a 2010 National Institutes of Health survey showed that 63 percent of more-than 500 practicing dentists said they would operate on a tooth with decay that had not progressed beyond the enamel, even if the patient had a history of good dental hygiene practices.

Finally, when it comes to pelvic exams, although there’s generally no need to do a full pelvic exam to screen for sexually transmitted infections when a urine test or swab is enough, many obstetric and gynecological doctors conduct these unnecessary tests anyway. "Women should know that screening tests come with both harms and benefits, and the pelvic exam is not an exception to that," said Analia Stormo, who led a study, published in the Archives of Internal Medicine. Moreover, conducting superfluous tests do more harm than good: the exams can lead to false alarms and over-diagnosis, while no evidence has been found to show that pelvic exams prevent women dying from diseases.

As any Chicago personal injury attorney can attest, doctors owe a duty of care to their patients. Part of that duty includes providing the best care, and ensuring that their actions don’t unreasonably put their patients at risk. If the needless tests and procedures cause harm to a patient, the physician may be liable for damages stemming from that injury, and an Illinois personal injury lawsuit may arise.

Our Chicago personal injury attorneys know that injuries caused by infected food can have a devastating effect. The indications and types of foodborne illnesses vary based on the source of infection, but victims of these diseases may suffer from nausea, cramping, abdominal pain and diarrhea. In more serious cases, the pathogens can lead to dehydration, weakness, or even death.

Corporations who manufacture and market food have a responsibility to ensure that foods they produce are safe for human consumption. When companies fail to do this and customers are sickened by disease-ridden food, those companies may be held legally responsible for medical bills, compensation for pain and suffering, and other types of damages caused by the injuries. These situations may give rise to Illinois food poisoning lawsuits.

The Centers for Disease Control and Prevention estimate that each year roughly 48 million people are sickened by a foodborne illness. Even worse, over 125,000 people require hospitalization and 3,000 die after consuming contaminated foods either from restaurants, or purchased from retail stores. Groups at highest risk for serious injuries associated with food poisoning include older people, infants, and people suffering from chronic illnessed.

One of the FDA’s latest recalls includes cilantro, an herb cultivated from the leaves of the coriander plant. According to the U.S. Food and Drug Administration, Pacific International Marketing is recalling 6,141 cartons of cilantro after a sample of the herb tested positive or Salmonella.

Salmonella is a form of bacteria generally found in cold- and warm-blooded animals; infections usually arise following consumption of foods contaminated with the bacteria. Salmonella contamination can arise from a number of sources, but commonly comes from infected food, poor kitchen hygiene, bodily fluids from sick individuals, and polluted water.

It is particularly fascinating that cilantro is the latest food to be affected by a Salmonella outbreak, as a 2004 article in the Journal of Agricultural Food Chemicals stated that products derived from coriander leaves were found to have antibacterial properties against Salmonella.

A doctor would be able to determine if individual has been sickened by Salmonella, but typical signs of Salmonella poisoning otherwise generally present in the form of diarrhea, abdominal cramps and fever within six to 72 hours of eating the contaminated food. In more serious cases, victims may develop symptoms such as headaches, nausea and vomiting that can last up to a week.

To date, no illnesses have yet been reported from the contaminated cilantro, but the cilantro was distributed to a number of states across the country. If customers do fall ill from having eaten the herb, Pacific International Marketing could potentially be subject to a Chicago personal injury lawsuit.

Our Chicago personal injury lawyers have extensive experience handling cases involving foodborne illnesses. In fact, our attorneys won a $4 million settlement awarded to three attendees at a national convention who contracted salmonella poisoning, leading to crippling arthritic injuries.

If you or a loved one have suffered as a result of having eaten contaminated food, seek medical attention immediately. Additionally, a personal injury attorney may be able to advise you of your rights under the law; you may be entitled to compensation for your injuries.

While the season to celebrate is upon us, our Chicago personal injury attorneys want to take the time to remind people to be especially cautious on New Year’s Eve.

Though spirits may be bright, devastatingly 2007 report by the National Highway Traffic Safety Administration (NHTSA) showed that drunk-driving related fatal crashes rise significantly in the two-week period encompassing Christmas and New Year’s Eve.

Frighteningly enough, that’s not even counting non-fatal accidents in which the drivers and passengers – and even pedestrians – may be devastatingly injured but not killed. Statistics show that the number of these type of accidents is also increased during the time period surrounding New Year’s Eve.

Every time a driver gets behind the wheel of a motor vehicle, he or she is accepting responsibility for the safety of everyone else on the road. Accidents can and do happen, but when a driver's negligent behaviors or careless actions lead to the injury or death of another person, the negligent driver must be held accountable. These situations may lead to Illinois personal injury lawsuits and the driver who caused the harm may be made to pay damages resulting from the injuries that arise.

Fortunately, the Insurance Institute for Highway Safety tells us that the number of drunk-driving related incidents have significantly decreased since the 1970’s; according to research done on behalf of the Institute, when comparing the Blood Alcohol Content percentages of drivers stopped in 1973 to those of drivers stopped in 1996, the rates of intoxicated drivers was nearly half in 1996 of what it had been in 1973.

Nevertheless, we must be extremely careful, especially around this time of year. Mothers Against Drunk Driving, or M.A.D.D. has estimated that more than 11,700 people died in drunk-diving related accidents in 2008 alone.

So what can we do to stay safe?

Our Illinois personal injury attorneys offer some tips for being safe on New Year’s Eve:

• Don’t drink and drive! It’s never a good idea to drink and drive, but when your driving is impaired, and the odds of other drivers on the road being impaired is increased, it is more than double the recipe for disaster.
• If at all possible, stay off the roads. Even if you drive sober or designate a sober driver, drunk drivers are still a danger to all other vehicles on the road. Try to get where you need to be, and if at all possible, stay in one place
• If you do need to go somewhere, make sure you have a sober, experienced driver to take you there. Public transportation, such as the el train, also provides a great alternative.

Please beware of the potential dangers, but have a safe and happy New Year’s celebration!

Our Chicago personal injury attorneys know that, devastatingly, incidents of medical malpractice are all too common.

A cancer clinic doctor and a number of employees have been charged in a federal investigation that has now given way to a wrongful death lawsuit.

According to a recent report by the Associated Press, the doctor and staff of the Rose Cancer Center are facing federal criminal charges for allegedly using old syringes and watered-down chemotherapy drugs; the doctor has been held without bond since her arrest in August because she is seen as a flight risk. The charges against her are for diluting drugs and billing Medicaid and Medicare for more chemotherapy than patients actually were given. Said the Associated Press, federal and state authorities have said old needles were used on multiple patients.

The Rose Cancer Center was closed earlier this year because of “unsafe infection control practices,” and now the cancer clinic’s doctor is now facing a civil lawsuit that claims a patient contracted HIV from a dirty needle.

The lawsuit, filed on behalf of the patient’s son, alleges that the victim went to the clinic for treatment of his brain and lung cancer. Instead he was given watered-down drugs and was infected with HIV by a dirty needle; the HIV weakened the man’s immune system, and the lack of proper medication hastened his death by not treating his cancer. He died earlier this year at the age of 61, prior to the State Health Department shutting down the clinic.

The Associated Press reports that the Rose Cancer Clinic was established in 2005, and until it was shut down, billed Medicaid and Medicare for about $15.1 million during the alleged scheme; Prosecutors say that patients were given less chemotherapy or cheaper drugs than they were told, while the clinic billed Medicaid and Medicare for more. Additionally, the clinic billed for new syringes for each patient even though it reused needles on multiple people. In fact, court records include a chart showing the discrepancy between the amount of drugs that the clinic actually purchased from pharmaceutical companies, and the amount of drugs billed to Medicare and Medicaid. In one case, the clinic billed Medicare and Medicaid for 142,200 milligrams of a cancer-treating drug, despite the fact that records show it had only purchased 45,100 milligrams of that drug.

Any Chicago personal injury attorney knows that Illinois medical malpractice lawsuits arise when doctors, nurses, hospitals, or other healthcare providers commit negligent or abusive acts toward their patients, and the patients are harmed as a result.

If you or a loved one have been harmed as a result of a healthcare professional’s actions, you may be entitled to compensation for your injuries. Compensation in Illinois personal injury lawsuits generally comes in two forms:

• Compensatory damages, which attempt to put a person back in the position he or she was in before the injury. This may include payment of medical and hospital bills incurred because of the injury, wages lost, or compensation for loss of a normal life, among many other forms.
• Punitive damages, which are intended to punish the wrongdoer for his or her actions. Additionally, punitive damages serve to send a message to others in similar positions to the defendant party, urging them not to act in the same harmful way.

An attorney will be able to advise you of your rights under the law.

More than 1.6 million people reside in nursing homes across the United States. When family members and loved ones are placed in the care of a nursing facility, expectations are that patients will receive the best possible care.

All the same, a recent study conducted by the National Institute on Aging found that nearly one-quarter of people admitted to a nursing facility after hospitalization wind up back in the hospital within a month. Our Chicago nursing home negligence attorneys know all too well that outright abuse in nursing homes is all too common; sometimes the abuse comes in the form of improper care when patients are shuffled between healthcare facilities.

Although many state and federal regulations, such as the Illinois Nursing Home Care Act, have been established to protect the elderly in these settings, gross violations occur every single day, tragically compromising the health, well-being and dignity of some of our society's most vulnerable – and valuable – members.

A recent report published by MSNBC detailed that a new study found that almost one-fifth of Medicare nursing home patients with advanced Alzheimer's or other dementias were sent to hospitals or other nursing homes for questionable reasons in their final months, often enduring tube feeding and intensive care that prolonged their demise.

Devastatingly, the article continues, this type of abuse is triggered by greed: researchers suspect that nursing homes are transferring patients back and forth from hospitals because Medicare will pay the nursing facility about three times the normal rate, if the facility takes a patient back after a brief hospitalization.

The study, published in the New England Journal of Medicine, showed that 19 percent of the nearly 475,000 elderly patients studied were transferred to and from a hospital for questionable reasons. Though the study couldn’t state conclusively that money was the motivation behind the moves, the large variation that researchers saw from state to state suggests money may be playing a significant role.

The patients were hospitalized for conditions that would normally be treated in a nursing home, and the transfers were burdensome to the victims; some were moved in the last three days of life, some were moved multiple times in the last three months of life, or moved so they landed in a new nursing home afterward, said MSNBC. In a frail condition, often coupled with the confusion from dementia, the transfers are extremely stressful on the patients, and may even hasten their deaths.

"These are people who are unable to recognize their relatives, they're bed-bound and they're now usually having problems with swallowing. This is a population where the burdens of hospitalization often outweigh the possible benefits," said Dr. Joan Teno, a palliative care physician and health policy professor at Brown University, who co-authored the study. "These patients actually do better when they stay in a nursing home," where caregivers and surroundings are familiar.

Furthermore, the study showed that patients who had a dubious transfer were more likely to have a feeding tube inserted, to spend time in intensive care in the last month of life, to have a severe bedsore, or to be enrolled in hospice late (three days or less before they died). When nursing facilities negligently transpose patients to the detriment of those patients, an Illinois nursing home negligence lawsuit may arise.

A Chicago personal injury attorney will be able to advise that when someone is determined to be legally responsible for injuring someone else, they are liable for the injury, and may be made to pay damages for harm caused. Nursing homes have a duty of care to their patients, and when they violate that duty and their patients are injured, the doctors, nurses, and facilities responsible may be held responsible.

If you or a loved one have been the victim of nursing home negligence, contact an attorney to be advised of your rights under the law.

Additionally, as per MSNBC’s report, a number of tips have been offered by experts to help prevent having a loved one needlessly transferred during his or her most vulnerable time:

• Involve patients in planning their care while they're still able to do so, and make sure wishes like "do not resuscitate" or "do not call 911" are spelled out in legal documents.
• Develop good relationships with nursing home staff and attending physicians so they understand the family's goals of care.
• Consider hospice care when seniors with advanced dementia are admitted.
• Revisit and review the plan whenever there is a change in a loved one's status. Someone may not be end-stage when they enter a nursing home but that can change.
• Finally, Seek advice. The Alzheimer's Association has a 24-hour toll-free number, with counselors to help families.

Recently one of the largest ever air crash disaster verdicts was awarded to a doctor and his fiancé who were the survivors of a plane crash that left both permanently injured.

The $11.35 million verdict was awarded to the couple as compensation for their injuries and for the woman’s future loss of income; she had been a professional pilot, but can no longer fly because the lasting injuries preclude her from passing the Federal Aviation Administration’s (FAA’s) medical examination.

The judgment was against Winner Aviation, an American corporation that was responsible for maintaining the plane; the jury found that the plane had not been properly maintained prior to the crash, which was a principle cause of the accident. When a corporation voluntarily takes responsibility for ensuring the condition of equipment, and a failure on the part of the company to do so results in injuries to others, that company may be held legally liable for damages resulting from those injuries. In situations like these, Illinois personal injury lawsuits may arise.

The female victim piloted the twin-engine Cessna Skymaster airplane, which was owned by her fiancé. Shortly after take-off, the aircraft developed engine problems, and ultimately crashed; the woman was knocked unconscious, but was revived by the man, whose legs were crushed. Devastatingly, as the pair were trying to escape the plane, a wing exploded which engulfed the plane in fire. Both suffered respiratory injuries from breathing smoke and fuel, as well as severe third-degree burns.

The lawsuit alleged that post-accident investigations showed that Winner Aviation failed to repair the plane’s rear engine, and that the front engine was scheduled for an overhaul that never happened.

When someone is determined to be legally responsible for injuring someone else, they are liable for the harm caused and may be made to pay the injured person compensatory damages; this is also the case when the responsibility arises from a negligent failure to take required actions – such as in this case. Compensatory damages attempt to put an injured person back in the position he or she was in before being injured. In some cases, punitive damages may also be awarded, which are damages that are intended to punish wrongdoers and prevent them from harming others.

Our Chicago airplane accident attorneys represent clients in the Chicago, Illinois area who have suffered personal injuries or lost loved ones in aviation accidents. There may be many different factors surrounding an airplane accident that can contribute to its cause. Some of these factors include:

• Faulty Equipment
• FAA Regulation Violations
• Pilot Errors
• Problems in the Design or Structure of an Aircraft
• Flight Service Station Employee Negligence
• Negligence in a Third Party Selection of a Carrier
• Federal Air Traffic Controller Negligence

Our Illinois personal injury lawyers have extensive experience with the unique challenges and complexities of aviation law, which has enabled them to achieve many multimillion dollar verdicts and settlements for our clients, including a $2.33 million settlement for the family of a pilot whose Cessna plane crashed due to a defective carburetor part.

Although the U.S. Food and Drug Administration is waiting for the results of tests conducted on a batch of powdered infant formula, Wal-Mart has voluntarily removed the product from the shelves in more that 3,000 stores across the country after a newborn baby who consumed the product died from a rare infection.

According to the Associated Press, within the last month a second infant fell ill after consuming the powdered baby formula, but that child recovered, state health officials said. Still, the potential for infection is frightening.

"We decided it was best to remove the product until we learn more," said Wal-Mart spokeswoman Dianna Gee. The corporation manufacturing the formula is Mead Johnson Nutrition, a company based out of Chicago suburb, Glenview, Illinois. In 2009, Mead Johnson reported global sales of $2.83 billion, largely stemming from its flagship product Enfamil. The product is not exclusive to Wal-Mart.

The bacterium allegedly infecting the Enfamil baby formula is one known as Cronobacter sakazakii, a strain of Enterobacter sakazakii, that has been known to cause invasive infections, such as meningitis and necrotizing enterocolitis. Enterobacter sakazakii has enormous case fatality rates, ranging from 40-80% depending on the source of contamination, and the victim infected. Infants are at an especially high risk for serious injuries associated with food poisoning.

Corporations that manufacture products to be marketed to the public are responsible for ensuring the safety of those products. When the companies fail to do so, and a dangerous, defective, or contaminated product causes death to a consumer such as in this case, the company may be subject to a Chicago wrongful death lawsuit.

Said the Associated Press, public health officials will look at the formula itself, as well as the water used in preparing it and at anything else the baby might have ingested. If it is found that the powdered formula was the source of infection, Mead Johnson Nutrition could be required to pay damages in the form of compensation for loss of companionship and emotional agony, to the baby’s parents.

Fortunately these particular types of illnesses are rare. The Associated Press reports that only 2-3 cases a year arise in infants worldwide. Nevertheless, even one Illinois wrongful death case involving a child is one too many, and companies should take precautions to prevent these types of situations from happening in the future.

The baby in this case died this past Sunday at a hospital, after having been removed from life support. While the results of the tests on the formula are still pending, parents are advised to follow safety guidelines for preparing powdered infant formula, including washing hands, sterilizing all feeding equipment in hot, soapy water and preparing enough formula for only one feeding at a time. Additionally, customers who bought the Enfamil formula in 12.5-ounce cans with the lot number ZP1K7G have the option of returning them for a refund or exchange.

Consumers have the right to purchase products from retail stores without having to fear that the merchandise is unreasonably dangerous. Special laws are in place to protect customers, and our Chicago personal injury attorneys have handled a number of these types of cases, including having obtained a $4 million settlement awarded to three attendees at a national convention who contracted salmonella poisoning, leading to crippling arthritic injuries.

We as Americans put enormous trust in healthcare professionals. Each year, people trust doctors to perform surgery on them; the last thing they expect is to light on fire during the operation.

Nevertheless, according to a report published by MSNBC, experts estimate that each year 650 fires flare up in operating rooms around the country. Some patients recover with scars and emotional damage. Some die from burns and smoke inhalation.

A Chicago personal injury attorney can attest that Illinois medical malpractice lawsuits arise when patients are injured by careless or intentional acts of a doctor, nurse, hospital, or other healthcare provider.

When a person is determined to be legally responsible for injury to someone else, they are liable for that injury and may be made to pay damages resulting from the harm caused. In these cases, healthcare providers are liable for not preventing the fire, and, in more serious cases, not acting in a way to prevent the patient’s death or permanent disfigurement from the fire.

Devastatingly, that’s exactly what happened to a 29 year-old mother of three, who was scheduled for routine outpatient surgery to remove some growths from her head. The woman’s face caught fire during the operation, and she had to be rushed by helicopter to a trauma burn unit because the flash fire had seared her face and neck. In this type of situation, the doctors and nurses who were in the operating room could potentially be held liable for medical malpractice, and be required to compensate the woman for her pain and suffering, as well as her facial disfigurement, and the hospital bills that accrue from having to correct the damage to the woman’s face.

MSNBC’s report states that experts say it shouldn’t be a surprise when flash fires occur in operating rooms because, with electro-cautery surgical devices and lasers, the necessary ingredients are on hand to spark a conflagration: oxygen, alcohol prep and an ignition source.

On the other hand, knowing that this formula has the potential to ignite, healthcare providers have the burden of ensuring that the necessary steps are taken to prevent fires in the operating room. Moreover, the U.S. Food and Drug Administration launched a new initiative to prevent surgical fires, noting that although these flash fires are relatively rare events, they are also highly preventable.

Medical providers owe a duty of care to their patients. When that duty is breached and the patient is harmed, the professional may be required to answer to an Illinois medical malpractice lawsuit. Additionally, the hospitals for which the responsible doctor or nurse works may also be legally liable; in general, healthcare institutions have the responsibility to supervise their staff to ensure that mistakes aren’t made, and to hire professionals who have enough knowledge to competently treat patients.

If you or a loved one has been harmed by the negligent acts of a healthcare professional, contact an attorney to better understand your rights under the law. You may be entitled to compensation for your injuries.

A wrongful death lawsuit has just been filed on behalf of the family of a 19-year-old man who died during a shooting that broke out after a concert by rapper Big Tone; the victim’s mother brought the suit against the business hosting the event where the tragedy occurred.

According to the Salt Lake Tribune, the wrongful death lawsuit against SJS Limited Partnership, owners of the Arbat Reception Hall, alleges that the defendant company was "negligent by not providing supervision and adequate security to insure the safety of the patrons." The victim died after taking a bullet to the chest.

When an accident or injury occurs to a visitor on another person's property, the owner of the property may be legally responsible if it can be proved that their negligence led to the injury. When injuries do arise in these situations, Illinois premises liability lawsuits occur.

Illinois premises liability law requires a number of things, in order to apply to a set of circumstances: the defendant must be the owner or possessor of the land, or “premises.” Additionally, the person on the land of another must be injured by negligence or a different wrongful act. A number of recent cases have interpreted this to include injuries that occur because of a third person’s wrongful act, which would hold the property owner responsible for having invited the harm-causer on to the land.

Although this construal arguably holds landowners liable for harm they technically didn’t cause, the liability stems from not having been more careful with regard to being discerning about who may enter onto the land. Holding property owners liable in these cases protects the innocent invitees, and sends a message to landowners to be more circumspect about screening their patrons.

The Salt Lake Tribune’s report states that this particular lawsuit alleges that, just as the concert was concluding, a dispute broke out among the guests and gunshots were fired randomly into the crowd. The victim was the last injured person to be taken to the hospital, where he later died from the gunshot wounds.

The claim is that the "defendant’s duties were foreseeable in that the event and the rapper’s audience required that due care and security be maintained to avoid injury and loss of life that occurred." Certainly the shooter was the person immediately responsible for the victim’s death, but the reception hall had a responsibility to ensure the safety of their patrons, which, in this case, meant excluding other dangerous persons.

If you've suffered an injury of this type which you believe may be a result the negligence of another person, you may be able to file a lawsuit to recover the costs involved to pay for your medical bills, any lost earnings or other pain, disfigurement, emotional distress or permanent physical disability you have suffered. A personal injury attorney will be able to advise you of your rights under the law.

Our Chicago wrongful death attorneys have handled a number of these types of cases, including having won a $6.0 million settlement for the families of 6 children who died in a tragic apartment fire on Chicago's north side, where 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.

Our Chicago wrongful death attorneys were concerned to hear about a study published in the Journal of the American College of Radiology, which showed that, for the period from 1991 to 2010, medical malpractice lawsuit payouts increased from $22 million to $91 million per year – an almost four-fold increase. While it is certainly encouraging to hear that the victims of medical malpractice are receiving compensation for their injuries, it is still disconcerting that the underlying errors are occurring.

According to a report by MSNBC, the study examined the National Practitioner Data Bank to obtain a dollar value for malpractice claims, especially as they relate to payouts for injuries caused by communications problems. Included within the duty of care that healthcare providers owe patients is the fact that doctors must communicate with patients about test results and related concerns. When a healthcare professional fails to be in contact with a patient, and that failure leads to an injury, an Illinois medical malpractice lawsuit may arise.

That is exactly what happened in a recent case, where confusion over doctors’ names led to an almost yearlong delay in the diagnosis of breast cancer. As per MSNBC’s report, after the woman’s annual gynecological exam and mammogram, she received a letter from her doctor indicating that the results of her Pap Test were normal; since no word had come regarding the results of her mammogram, she assumed that she would hear from her doctor if the test indicated any abnormalities.

A year later, when the woman went back for her annual exam, her doctor was unable to find the mammogram results from the previous year. Because the woman had taken the test, the doctor searched for the results; as it turned out, the results had been sent to the wrong doctor – an orthopedic surgeon who had the same last name as the woman’s gynecologist. Said MSNBC, the folder had been sitting on the orthopedic surgeon’s desk for a year.

The mammogram results indicated that the patient was suffering from breast cancer. By the time the results were located, the cancer had spread to her chest wall, which required further surgeries and more intensive treatment than had the cancer been diagnosed earlier.

The patient filed a lawsuit and eventually settled the case; she has stated publically that she blames both the doctors for the mix-up, and herself for not following-up to make sure that the results were normal. Although patient follow-up can certainly make a difference, the onus is on the doctors to ensure that the results are delivered properly and the patient is contacted about the findings. Nevertheless, because we’ve seen that these devastating mistakes do happen, to protect one’s self, it is always in the patient’s best interest to ensure that test results are normal.

Medical tests are indispensable, and have the ability to reveal important information about a person’s health. Illinois medical malpractice lawsuits may arise when failures in communication prevent a diagnosis from being made, and a patient is injured as a result.

Medical malpractice injuries are devastating and potentially life altering. Our Chicago personal injury attorneys have handled a number of these types of cases, and even 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.

Our Chicago personal injury attorneys were saddened to hear of the deaths of two teenagers who were killed while working in a grain bin in Mount Carroll, Illinois.

The two teenage boys – along with another worker who was injured – were working in the grain bin at the northwestern Illinois company, helping the corn flow, while the machinery was running; devastatingly the three workers were trapped in corn that was more than 30 feet deep.

A grain bin is an agricultural structure used in farming to store bulk materials, such as grain, corn, coal, or sawdust. Grain bins are generally shorter in stature than silos, but serve the same purpose. Grain bins, if improperly equipped with safety devices, have the potential to be extremely dangerous; in fact, the Occupational Safety and Health Administration (OSHA) reports 16 fatalities in grain bin accidents in Illinois from 1998 to 2008.

According to the follow-up report prepared by OSHA rescue workers tried to free the workers by cutting holes in the sides of the bin to drain the corn. Unfortunately it was too late for the two teenage boys. OSHA investigators have since ruled that the accident could have prevented, and that none of the three workers were wearing safety harnesses or had lifelines.

Because working in a grain bin caries significant risk, there are a number of required precautions that must be taken to ensure worker safety – including making safety harnesses and lifelines available to grain-bin employees. These special laws are in place to protect the health and safety of workers. When a company doesn’t follow required procedures and a worker is injured or killed, that company may be held legally responsible for the damages that arise as a result of those injuries

These types of cases may give rise to an Illinois workplace injury lawsuit, where corporations are held liable for their negligent or intentional bad acts. In those instances, the companies may be required to pay either compensatory damages – which attempt to put the injured persons back in the positions they were in before being injured – or punitive damages – which are intended to punish the company and prevent them from harming others. In this particular case, compensatory damages may be awarded to the families of the teenage boys to compensate their loved ones for the loss of their respective companionship.

Following this tragedy, the company has gone out of business because it was required to pay almost $270,000 in federal fines because of the corporation’s negligence, including violations of child labor laws.

Any Chicago personal injury attorney knows that workplace injuries can be severe and life altering. Our attorneys have handled a number of these types of cases, including winning 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 have suffered as a result of an injury that occurred at work, an attorney may be able to apprise you of your rights under the law. Because laws are in place to protect workers, you may be entitled to compensation under the law for your injuries.

In September, our Chicago food poisoning attorneys expressed concern about the recall issued for cantaloupe melons infected with Listeria Monocytogenes. According to MSNBC, government officials recently released a final count of the damage caused by the infected fruits: 146 sick, 30 dead, and a miscarriage.

Listeria Monocytogenes is a potentially fatal food poisoning bacterium that causes a condition called Listerosis; according to a report published by the University of Wisconsin-Madison Department of Biology, though Lysteria Monocytogenes 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%).

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, as happened in this case.

The Listeria bacteria are generally found in uncooked meats, processed foods, and other foods derived from animal products. Although the bacteria does not generally affect fresh produce, because the skin of cantaloupes is rough and porous, they became contaminated during handling, and from being grown in and on contaminated soil, where the bacteria became lodged in the melon’s rind.

The Centers for Disease Control and Prevention reported that the injuries from infections spanned 28 states – all stemming from Jensen Farms, an American fruit producer and distributer. 310,000 cases of potentially tainted cantaloupes were shipped across the country, so it is fortunate that more persons were not harmed as a result of the contaminated fruit.

When food manufacturers put products on the market that are intended for human consumption, those companies are responsible for ensuring that those products are safe. A Chicago personal injury attorney knows that when dangerous or infected products cause injuries to consumers, the companies who produced them may be held legally responsible for the injuries they cause, including hospital and related expenses, loss of a normal life, and, in cases of deaths caused by the diseased food, the loss of companionship of a loved one.

According to 2010 estimates by the Centers for Disease Control and Prevention, approximately 48 million people are sickened each year by a foodborne illness; of those, more than 125,000 people require hospitalization and 3,000 die after consuming contaminated fruits, vegetables, meats, nuts and processed foods in their homes or in restaurants.

Because of this particular outbreak, Jensen Farms will likely be held responsible for all the damaged caused to consumers.

Food poisoning illnesses can be devastating. Our Illinois personal injury lawyers have experience representing clients in similar cases, including a $4 million settlement for three convention attendees who contracted salmonella poisoning that caused them to suffer crippling arthritic injuries.

A doctor will be able to determine if you have been infected by a foodborne illness. If you or a loved one have suffered as a result of contaminated food, either from a restaurant or a retail store, you may be entitled to compensation for your injuries.

According to the latest report by MSNBC and the Associated Press, hundreds of thousands of Honda automobiles are being recalled because of a risk that the airbags could potentially explode, causing injury or death to passengers and drivers.

The company posted a notice on the corporation’s website, expanding the recall to include Honda and Acura vehicles, in which “affected driver's airbag inflators may deploy with too much pressure, which can cause the inflator casing to rupture and could result in injury or fatality," the message said. Reports suggest that up to 876,000 cars may be at risk because of the exploding airbags.

Honda Motor Company, Ltd. Is a Japanese corporation, primarily known for manufacturing automobiles and motorcycles. Honda is the second-largest Japanese automobile manufacturer, as well as the sixth-largest car-manufacturer in the world. Honda produces mainly small-to-mid-sized passenger cars, and released Acura, its luxury brand, in 1986.

When a corporation, such as a car manufacturer, produces a product that is to be sold to the public, that company is responsible for testing their product and ensuring that it is safe for consumer use. When a defective or dangerous product is sold to customers and that product harms customers, the company may be held legally responsible for injuries. This is how Chicago personal injury lawsuits arise.

When companies are held responsible in Illinois product liability lawsuits they may be made to pay compensatory damages, which attempt to put an injured person back in the position he or she was in before being injured, such as compensation for medical and hospital expenses, and the loss of a normal life following the injury. Additionally, in some cases, punitive damages may also be awarded; punitive damages are intended to punish wrongdoers and send a message to the responsible corporation and other companies to be more careful in the future.

This latest recall includes certain 2001 and 2002 Accord, 2001 to 2003 Civic, 2001 to 2003 Odyssey, 2002 and 2003 CR-V, 2003 Pilot, 2002 and 2003 Acura 3.2 TL and 2003 Acura 3.2 CL vehicles. However, the company also said airbag service parts were sold for installation in an unknown number of vehicles for collision repair or other services. Honda’s released press statement said that "Honda is unable to determine the specific vehicles that may have received the affected service parts through existing information, [so] Honda will inspect an additional approximately 603,000 vehicles and replace those parts as necessary."

Consumers should ensure that their vehicles are not affected by the recall. Nevertheless, if persons are injured or killed by these exploding airbags, Honda could potentially be liable for damages.

If you've had an incident with a product that caused an injury, or are the survivor of someone 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 understand the importance of protecting consumers, 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 that killed the occupants of the vehicle.

The American Association of Tissue Banks estimates that, each year, more than one million organ and tissue transplants take place in the United States. Organ transplantation is an area of medicine in which an organ is moved from one body to another for the purpose of replacing an individual’s damaged, infected, or missing organ.

Organ transplants are some of the most difficult exercises in modern medicine. Nevertheless, as any Chicago personal injury attorney is aware, there are a number of safeguards that have been implemented to prevent against transplant failure and other complications that arise from the surgery. Some of the standards that protect patients include measures for screening and testing donors prior to implanting the organ in the recipient’s body.

When doctors violate either the generally accepted standards in the medical community and a patient is harmed as a result, the healthcare professionals may be held legally responsible, and an Illinois medical malpractice lawsuit may arise.

According to an article published by MSNBC, a couple is now suing a prominent medical center after doctors transplanted the woman’s kidney into her boyfriend’s body, despite the fact that tests showed that she was infected with Hepatitis C, a potentially life-threatening liver disease.

Although the transplant itself – in terms of the surgical and operational aspects – went well, the man is now infected with the very serious infectious disease.

The lawsuit alleges negligence on the part of the hospital, four doctors, a nurse, and the entire staff of the hospital’s kidney transplant center. In Illinois personal injury lawsuits, when a physician or other healthcare provider has committed medical malpractice, the hospital or healthcare institution may also be held liable for failing to properly train their employees or for failing to hire professionals who are qualified to do the work.

As per MSNBC’s report the negligence claims allege that the transplant team missed a crucial blood test results that showed that the girlfriend was infected with the virus, and then failed to note the positive result at several points before the transplant. Additionally, despite the fact that a number of tests prior to the surgery confirmed the woman’s Hepatitis C, hospital staff did not inform her of the positive results until a month after the operation.

At that point doctors apparently accused the woman of illegal drug use, and infidelity to her partner of 21 years, both of which the woman denied. Instead the woman said that she likely contracted the disease as part of her past employment as a licensed practical nurse at nursing homes where she was exposed to blood from patients.

At this point, The Organ Procurement and Transplantation Network and the United Network for Organ Sharing have placed the hospital’s transplant program on probation for up to a year, and increased the numbers of precautionary layers to ensure that recipients don’t get diseases from organ donors.

MSNBC reported that from 2007 to 2010, the Centers for Disease Control investigated more than 200 cases of suspected unexpected transmission of HIV, Hepatitis B and Hepatitis C through transplants. These kinds of potentially deadly kinds of medical malpractice are devastating examples of situations in which doctors violate their duty to their patients, as well as their patients’ trust.

Unfortunately these situations are all too common. If you or a loved one have been harmed by a healthcare provider, you may be entitled to compensation for your injuries.

Our Chicago personal injury lawyers were concerned to hear that – during this holiday season where cranberries are abundant at dinner tables across the country – the latest food recall affects Ocean Spray’s Craisins product, sweetened dried cranberries.

According to a report by MSNBC, certain lots of packaged and bulk Craisins were removed from the market after it was discovered that they may be contaminated with small, hairlike, metal particles. Packages affected by the recall are Craisins in 5-, 10-, and 48-oz packages, as well as bulk dried cranberries in 10-pound packages.

Ocean Spray is an American corporation that produces cranberry and grapefruit products such as juices, cranberry sauces, and dried fruits. Ocean Spray is currently the world’s largest grower of cranberries, and had sales of over $1.4 billion in 2005 alone. Although it is uncertain exactly how many packages are affected by the recall, officials estimate that it could potentially involve as much as 150,000 pounds of dried cranberries, based on the number of cranberries produced by Ocean Spray each year.

The metal particles were introduced into the food because of a malfunction on a piece of equipment at one of the company’s manufacturing plants. Although no injuries have yet been reported, corporations have a responsibility to ensure that their products are safe for consumer use. When companies – especially those involved in food manufacturing and distribution – put a product on the market, they are required to ensure that the product meets all applicable safety standards. If a product is dangerous, defective, or infected, the corporation may be held legally responsible for any injuries that are caused, and an Illinois personal injury lawsuit may arise.

The following packages of Craisins, identified by UPC labels, are affected by the recall:
• 5-oz. Craisins UPC: 00293-000, Best By: Oct 27 2012
• 10-oz. Craisins UPC: 29456-000 and 29464-000, Best By: Oct 27 2012, Oct 28 2012, Oct 29 2012
• 48-oz. Craisins UPC: 00678-318, Best By: Oct 27 2012, Oct 28 2012, Nov 3 2012, Nov 4 2012, Nov 5 2012, Nov 6 2012, Nov 7 2012, Nov 10 2012, Nov 11 2012
• 10-lb. bulk ingredient & food service UPC: 03477-000, Best By: 30 Oct 2013, 31 Oct 2013, 1 Nov 2013, 5 Nov 2013.

Spokespersons on behalf of Ocean Spray have stated that the manufacturing problem that caused the metal particles to get into the food has since been fixed. Nevertheless, consumers are urged to either throw the product away or call Ocean Spray for a refund.

When consumers buy products off the shelves of retail stores, those customers have the right to expect that the product will be free from hazardous defects. Special Illinois personal injury laws are in place to protect consumers from these dangerous products, and to help customers recover after they have been injured.

If you or a loved one have been harmed by a hazardous, defective, or contaminated product, seek medical attention immediately. Additionally, an attorney may be able to help elucidate your rights under the law.

The Food and Drug Administration has just released another medication recall, this time for Fentanyl pan-relieving patches, after manufacturers discovered that the patches were releasing medicine into the bloodstream faster than intended.

Fentanyl is a synesthetic opiod that acts quickly to treat pain, but has a short duration of relief. It is commonly used both as an anesthetic and a pain-reliever, and it is estimated to be more than 100 times more powerful than heroin, per dose. Fentanyl patches are prescribed to patients suffering from chronic, severe pain. When the patch is designed correctly, it slowly releases a very small dose of medication. However, if too much of the medication is delivered or the fentanyl from the patch comes into direct contact with the skin and too much fentanyl is released into the bloodstream, there is a risk of fatal overdose.

There have been a number of problems with fentanyl patches since they were first put on the market in 1994 as a result of manufacturing issues, and several Illinois wrongful death lawsuits have arisen as a result of problems with the patch’s design.

This particular patch, the Actavis Fentanyl Transdermal system is the generic version of Johnson & Johnson’s Duragesic patch. The FDA stated that this particular patch may release lethal amounts of the painkiller into the bloodstream. Although no [Illinois wrongful death cases] have yet been brought against this particular manufacturer, a number of users have reported excessive sedation, respiratory depression, and difficulty breathing.

As the manufacturer of a drug that is available to consumers, Avtavis is responsible for ensuring the safety of their product. When a company manufactures a product to be marketed to the public, the company is responsible for ensuring the safety of those products. There are three main types of Illinois product liability claims:

1. A manufacturing defect, which generally occurs when an otherwise safe product is assembled carelessly;
2. A design defect, which occurs when, no matter how well the product is put together, its intent or layout is inherently dangerous;
3. A failure to warn, which can occur when a product markets a product that they know to be potentially hazardous, and fails to warn consumers of the latent danger.

In this case, when the manufacturing defects lead to injuries or death of consumers, Actavis may be held legally responsible for damages arising from those injuries. This may lead to an Illinois personal injury lawsuit which would serve to compensate the victim for hospital and medical bills, or, in more serious cases, the death of a loved one.

The recall affects lots of the Actavis Fentanyl Transdermal System 25 mcg/hour C-II patches at the wholesale and retail level. They are boxed in packages of 5, and marked with one of the following lot numbers: 30041, 30049 and 30066 with an expiration date of 12/2011; 30096 and 30123 with an expiration date of 01/2012; 30097, 30241, and 30256 with an expiration date of 02/2012; 30257, 30258, 30349 and 30350 with an expiration date of 03/2012; 30391, 30392, 30429, 30430, 30431 and 30517 with an expiration date of 04/2012.

Consumers are advised to throw away the packages or return them to a retail store for a full refund. Additionally, if users note adverse reactions, contact a physician immediately. Additionally, report symptoms to the FDA. Individuals may also want to contact an attorney to be advised of their rights under the law.

Our Illinois personal injury attorneys were interested to read an article published by MSNBC detailing the first wave of settlements that have been obtained against Wright County Egg, an egg production corporation whose consumers fell victim to extreme salmonella poisoning as a result of consuming Wright County Egg products.

Wright County Egg, as a company, is one of the top ten egg producers in the United States. The corporation used to be run under the name DeCoster Egg Farms, and this is not the company’s first brush with the law. In the 1990s, the business faced litigation based on having hired illegal immigrant workers, and in 2010, company executives pleaded guilty to animal cruelty charges after it was found that the egg-laying hens were forced to endure inhumane conditions. Additionally, later in 2010, the company recalled 380 million eggs due to salmonella contamination; this latest infraction gave rise to dozens of personal injury lawsuits.

Salmonella contamination can arise from a number of sources, but commonly comes from such sources as infected food, poor kitchen hygiene, bodily fluids from sick individuals, and polluted water. Typical symptoms of Salmonella poisoning generally present in the form of diarrhea, abdominal cramps and fever within six to 72 hours of eating contaminated food. In more serious cases, victims may develop symptoms such as headaches, nausea and vomiting that can last up to a week.

Salmonella itself is a form of bacteria generally found in the intestines of cold- and warm-blooded animals. Infections usually arise following consumption of foods contaminated with the bacteria. Although all persons are at risk for developing salmonella poisoning, infants, the elderly, and adults with compromised or weakened immune systems are more susceptible to infection.

During an investigation into the contamination, investigators fond salmonella infection at the farm, as well as dead chickens, insects, rodents, towers of manure and other filthy conditions. According to MSNBC, a subsequent congressional investigation revealed that Wright County Egg's testing found salmonella samples more than 400 times between 2008 and 2010.

Corporations that manufacture and distribute food products to the public have an obligation to ensure that those products are free from hazard or contamination. When infected food reaches consumers and causes injury, illness, or death, the companies may be held legally responsible for the damages cause. These types of situations give rise to Illinois food poisoning lawsuits.

Following the lawsuits in this case, many consumers will be receiving compensation for the injuries they suffered after having eaten Wright County’s contaminated eggs. Settlement agreements have been reached with approximately 40 victims of salmonella poisoning, and the payouts are coming from the company’s insurer, Selective Insurance.

Although details of individual settlements are confidential, details of three of the agreements became public when a Federal judge in Iowa totaling $366,000 for children who had to be hospitalized as a result of the foodborne illness. The settlements are intended to cover costs of medical bills, legal fees, and money for the children’s pain and suffering. Settlements involving children required approval by a federal judge because of the children’s minor status, which is why details of the agreements became available to the public.

Federal officials speculate that more than 1,900 people became ill after consuming eggs produced by Wright County Egg, as well as eggs sold by Hillandale Farms, who purchased chickens and feed from Wright County Egg. This first wave of personal injury settlements represents only a fraction of the victims, and therefore do not end the legal problems for Wright County Egg.

Our Illinois personal injury lawyers have extensive experience handling cases involving foodborne illnesses. In fact, our attorneys won a $4 million settlement awarded to three attendees at a national convention who contracted salmonella poisoning, leading to crippling arthritic injuries.

If you or a loved one have suffered injury as a result of a foodborne illness, see a doctor immediately. Once a doctor has diagnosed your illness and provided appropriate treatment, you may consider the fact that if the food poisoning was one caused by either food from a restaurant or sold at a grocery store, you may be entitled to compensation for your injuries under the law.

The First Amendment to the Constitution of the United States affords all persons freedom against the abridgment of speech, which has been interpreted to include all forms of communication, be they written, spoken, or typed. In this day and age of technological advances, the Internet has provided people with yet another forum in which to communicate ideas and opinions, and has been an enormous beneficial learning tool.

So, when a person is harmed by the negligence of a medical provider, they should be able to warn other people about their experience, to prevent future medical malpractice, right?

Not so, say lawyers on behalf of the negligent health care professionals.

But how fair is that? Not only would the the inalienable rights of citizens be forsaken if that were the case, but innocent patients who would potentially become future victims would not be given the opportunity to make informed decisions about their choice of healthcare provider.

That’s the argument of a man who has recently filed a class-action lawsuit against a dentist after the dentist required him to sign a contract promising not to disparage her, or her work, online – and then fined him thousands of dollars, trying to enforce the contract, reports MSNBC.

The man went to his dentist for treatment for a serious infection and severe toothache; he was in pain and was desperate for treatment. Although he questioned the anti-defamation contract’s terms, he was in urgent need of dental work, so he signed the contract.

According to MSNBC, the dentist was among hundreds of medical professionals nationwide in recent years that have refused to care for patients unless they signed anti-defamation contracts. Any Chicago personal injury attorney would tell you that, given increasing rates of Illinois medical malpractice cases, the ability to share and receive information about healthcare providers is imperative to patient safety.

These controversial contracts demand that patients not only don’t post negative comments on the internet regarding the healthcare provider or the treatment, but that the dentist owned the copyright to any critical posts.

According to MSNBC, after the dentist in this case allegedly overcharged the man by approximately $4,000 for his care, submitted his records to the wrong insurance company and then refused to provide copies of the records so he could submit them correctly himself, the man posted complaints on online patient-review websites. Days later, the dentist demanded that the websites remove the man’s opinion comments, and sent him invoices for fines of $100 a day that ultimately totaled more than $4600.

As a general rule, patient- and consumer-review websites refuse to remove negative comments, under the rationale that they are protected by the federal Communication Decency Act and protections afforded by the First Amendment.

As per MSNBC, it is not clear whether this lawsuit – and the resultant publicity – will lead to an end of to medical gag-order contracts, but our Chicago personal injury lawyers are hopeful that patient rights – both with regard to free speech, and the ability to get needed information to protect themselves – will come out on top.

It seems that a requirement for doctors and nurses to wash their hands before touching a patient in a hospital setting should be expected. It is undisputed that the practice of hand washing is integral in preventing the spread of infection, especially in places rife with disease, such as in hospital emergency rooms.

Still, many studies have documented generally low rates of hand washing among health care workers.

In fact, in a new university-conducted study detailed by MSNBC, when video cameras were installed to ensure proper hygiene, complicity in hand washing procedures was as high as 88%. However, when the healthcare professionals didn’t know that cameras were watching, off-site reviewers reported that less than 7% of doctors and nurses were washing their hands when entering, or before leaving, a patient's room.

Our Chicago personal injury attorneys are all too aware of the risks these healthcare workers are imposing on their patients. Healthcare providers owe a duty of care to their patients, and when that duty is breached – either intentionally or negligently – and the patient is harmed, both the healthcare professional and the hospital may be liable for causing the injury and an Illinois medical malpractice lawsuit may arise.

When individuals are injured by careless or intentional acts of a doctor, nurse, psychiatrist, dentist, chiropractor, podiatrist, or other healthcare provider, the professional is responsible for his or her actions, but the hospital or institution employing the worker may also be legally liable for either failing to supervise the employee, or failing to properly hire and train qualified professionals.

Injuries suffered as a result of medical malpractice can be severe and life altering. 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 compensatory damages. Compensatory damages attempt to put an injured person back in the position he or she was in before being injured. In some cases, punitive damages are also awarded in these lawsuits. Punitive damages are intended to punish wrongdoers and prevent them from harming others; punitive damages also serve to send a message to others in the same position as the liable party, warning them to be more careful in their actions – in this case, in the treatment of patients.

Chicago personal injury lawsuits may arise out of a number of different situations, including a negligent spread of infection from one patient to another. Although diseases are commonly found in hospitals with sick patients, doctors and nurses have the responsibility to ensure that they do their part to stop the spread of infection.

"Logically, according to common sense hand hygiene is a good thing to do because if you do it properly it removes bacteria from the skin," Said Dinah Gould, who has studied hand-washing interventions as a researcher at City University in London. "Doctors and nurses should do it and patients in their care should expect it's going to be done."

Although ostensibly unrelated, our Chicago personal injury attorneys were concerned to read that a number of food products have just been recalled by the U.S. Food and Drug Administration because of contamination by Listeria Monocytogenes. The foods are produced by a number of different manufacturers and companies but the risks of foodborne illnesses are the same across the board.

Manufacturers of all types of consumer goods are responsible for ensuring that the products they distribute to the public are safe for human use; this is even truer with regard to corporations that produce foods, because food products must undergo extensive testing to ensure that they are safe for human consumption. When dangerous or defective products cause injuries, illnesses, or death – in this case, contaminated food – an Illinois personal injury lawsuit may arise, and the corporations who manufacture the products may be held legally responsible for the injuries that result.

Our Chicago personal injury attorneys know the risks: In 2010, the Centers for Disease Control and Prevention released a report estimating that each year roughly 48 million people are sickened by a foodborne illness. Of those, 125,000 require hospitalization and 3,000 die after consuming contaminated foods purchased from retail stores or restaurants.

Listeria Monocytogenes is a potentially deadly type of 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.

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 are 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 FDA recalled Flying Food Group’s Turkey Quarter Pounder sandwiches and Turkey Quarter Pounder sandwiches with Tomatoes because of infection. Additionally, Fair Oaks Dairy has also recalled half pound retail packaged cheeses and cheese gift boxes produced under the Fair Oaks Farms Fine Cheese label due to Listeria contamination; that particular recall especially affects products distributed in Illinois. The Golden Glen Creamery also voluntarily recalled butter distributed to Whole Foods Markets across the country. In addition, Flowers Foods, an American producer and marketer of packaged bakery foods has pulled loaves of its Nature's Own Butterbread from shelves due to Listeria infection. Moreover, both King & Prince Seafood Corporation and TransOcean Products, Inc. have recalled contaminated Salmon products. These products have the potential to cause serious harm to customers, and if infections or death do occur, the companies may be held liable.

Each of these products was manufactured by a different corporation and at a different facility, but each has the potential to be extremely harmful to consumers. The fact that so many separate outbreaks of Listeria occurred in such a short time is an enormous cause for concern. If you have purchased any of these products, throw them away immediately, or return them to a retail store for a full refund.

A doctor will be able to diagnose if you have been infected with Listeria, and if caught in time, Listerosis is treatable. However, special laws are in place to protect consumers from dangerous or defective products, and an attorney may be able to advise you of your rights under the law.

We are proud to share that, once again, our Chicago personal injury attorneys have achieved justice on behalf of a client in a medical malpractice lawsuit against a Chicago neurosurgeon who irreparably damaged our client’s spinal cord because he was medically negligent.

Attorneys Steven M. Levin & Jordan S. Powell won a settlement totalling $3 million, which will help to compensate our 78 year-old client for the pain and suffering, and the permanent paralysis she suffered when the doctor improperly inserted a pain pump that permanently damaged the woman’s spinal cord.

On march 6, 2007, the neurosurgeon performed surgery on the woman to fix a pain pump that was previously inserted in her some to deliver medication to manage her back pain. According to attorney Levin, as a result of the doctor’s negligence, “for the past five years, our client has struggled to adapt to life without the use of her lower limbs... his attempt to fix her pain pump caused far greater health problems, and robbed her of her ability to walk or move around on her own.”

The lawsuit was filed in 2008 the Circuit Court of Cook County, and the $3 million settlement was approved by University Of Illinois Board Of Trustees on December 2, 2011.

Illinois medical malpractice lawsuits arise when individuals are injured by careless or intentional acts on the part of a doctor, hospital, or other healthcare provider. When the healthcare professional is determined to be legally responsible for injuring the patient, they are liable for the injury, and may be made to pay damages for the harm caused. Additionally, when a doctor or nurse is held liable, the hospital may also be responsible for damages based on either negligent supervision, or failing to hire and train adequate professionals to take care of patients.

Medical malpractice claims throughout the State of Illinois can arise from a number of different situations, including missed diagnoses, healthcare provider errors, medication and pharmaceutical errors, and spinal cord injuries – such as in this case – as well a number of other hazardous circumstances

Injuries suffered as a result of Illinois medical malpractice cases can be severe and life altering; in this case, prior to the surgery, the woman lived on her own in Palatine, Illinois. After the surgical error, the woman is now completely dependent on others. The Chicago personal injury settlement money will allow the woman to receive ongoing medical treatment and home health support. Said Steve Levin, “our client’s settlement will allow her to Our team, along with our client and her family, hope that her settlement will also send a strong message to healthcare providers that substandard medical care and preventable medical mistakes will not be tolerated or go unnoticed.”

If you or a loved one have been injured by a healthcare professional, you may be entitled to compensation for your injuries. Special laws are in place to protect patients. Contact an attorney to be apprised of your rights under the law.

This holiday season, in addition to fanatical Black Friday shoppers and long lines at retail stores, customers have one more thing to worry about: being coerced into accepting arbitration clauses that apply when products are dangerous or defective and consumers have to bring Chicago personal injury lawsuits as a result.

According to a recent report by the American Association for Justice (AAJ), a number of American companies are including forced arbitration clauses in the fine print of their merchandise; by buying the product, the customer agrees to the terms.

An arbitration clause is a common part of a contract that requires parties to a dispute to solve the issue through an arbitration process, rather than allowing parties to have their day in court. Additionally, arbitration clauses can bind parties to a particular jurisdiction, meaning that parties must travel to that jurisdiction to resolve conflict, and that the laws of that particular jurisdiction apply to the dispute.

Support for arbitration clauses stems from the fact that they reduce the burden on overstrained courts. However, when one party writes the terms of the clause and the other party has no choice to accept – other than to not get the benefit of the product – they can sometimes be unfair, especially where the party writing the contract is a large company. When a person suffers injury – for instance, in this case, harm from a product – the victim may be saddled with having to travel far from home to seek justice.

Illinois products liability law is an area of law that protects the public from hazardous products. When corporations manufacture merchandise and distribute it to the public, they have the responsibility of ensuring that their product is safe for consumer use or consumption. When a customer is harmed, infected, or killed as a result of a flawed product, the company may be held liable for those injuries, and may be legally responsible for the damages stemming from the harm caused by the product.

In this particular situation, the forced arbitration clauses are slanted against the interests of the consumers. As per the AAJ’s report, “in the event of a dispute with a corporation, the clause states that a consumer cannot take their case to court but instead must have their complaint decided in a private arbitration forum. The corporation often decides where this will take place and who the arbiter will be, leaving consumers with high fees and biased decision-makers.”

Moreover, following a decision by the United States Supreme Court that upheld the practice of including forced arbitration clauses in products, more and more corporations are getting on board. Although Sony was the first company to bury forced agreements in the sale of merchandise, AT&T, Starbucks, Microsoft, and Xbox manufacturers – among others – have done the same.

Unquestionably, when both parties willingly and knowingly agree to arbitration, it, and other forms of alternative dispute resolution, have enormous benefits. Nevertheless, when an innocent consumer is harmed because of a corporation’s negligence, the victim should not suffer more by being denied access to the courts. Our Chicago personal injury attorneys want consumers to be safe this holiday season, which includes checking the fine print carefully before unknowingly limiting their right to justice.

Our Chicago personal injury attorneys were concerned to hear that a recent advisory published by Federal health officials is advocating worker safety after it was discovered that a number of workers may have been exposed to erionite, a cancer-causing mineral similar to asbestos, while on the job.

Erionite is a naturally-occurring mineral that is found in volcanic ash that has been altered by weather and ground water. Similarly to asbestos, it does not pose a risk until moved, which causes the microscopic fibers to waft into the air.

According to a recent report by MSNBC, erionite is not currently regulated by the U.S. Environmental Protection Agency (EPA). As per MSNBC’s report, authorities on behalf of the EPA have known for a long time that erionite is widespread in a number of states, but have not expended resources to investigate potential risks, because of an apparent belief that there was little chance of human exposure to the mineral. Nevertheless, erionite particles pose similar risks to asbestos exposure, and research suggests that erionite is potentially more dangerous than asbestos.

In fact, the best evidence of the risks of exposure to erionite is a number of devastating cases that were first reported in Turkey in the 1970s. In villages abundant with erionite, some 40-50 percent of all deaths were caused by mesothelioma, as a result of erionite exposure. MSNBC reports that animal studies have shown erionite to be 100 to 800 times more apt to cause cancer than asbestos and, according to a scientific paper, "almost certainly the most toxic naturally occurring fibrous mineral known."

Mesothelioma, in addition to being a disease caused by exposure to erionite, is a rare form of cancer that forms in the protective lining of the body’s organs. It most commonly manifests in the outer lining of the lungs and internal chest wall, but may occur on any of the body’s organs covered by the protective lining.

Symptoms of mesothelioma generally do not present until twenty to fifty years after exposure to either asbestos or erionite. Symptoms include shortness of breath, fluid between the lung and the chest wall, chest pain, and weight loss. Despite developments in cancer treatment, once the disease has manifested, the patient’s prognosis is poor.

At this point, the National Institute for Occupational Safety and Health has put together a number of ideas to help prevent exposure to erionite at the workplace. Federal health and environmental agencies are holding workshops in order to educate the public, while erionite remains unregulated. Additionally, federal officials have suggested employee training for workers in potentially dangerous work areas, and implementing methods to ascertain whether erionite is present before beginning work. Further recommendations included wetting soil and rock to reduce dust; using respirators and other protective equipment; showering and changing clothes before leaving work; and ensuring work clothes and boots are left at work to prevent hazardous fibers from being brought home.

Exposure to erionite is potentially life threatening. Our Illinois personal injury attorneys know that there are special laws in place to protect employees from dangerous work environments, and urge employers to take precautions to prevent workers’ exposure to erionite.

Continue reading "Erionite: The New Asbestos" »

The U.S. Food and Drug Administration recently released a statement recalling “100% Pure Fruit Pigmented Cocoa Plum Eye Shadow” manufactured under the Purity Cosmetics label of Radical Cosmetics.

The eye shadow was pulled from the market after it was found to have been contaminated with Pseudomonas Luteola, a bacterium that has the potential to cause peritonitis, cellulitis, and bacteremia – bacteria in the blood that has the potential to cause sepsis and death.

Other products from the company’s manufacturing facility were tested for potential contamination but were found to be free from bacteria. Although no injuries have yet to be reported, the products were shipped across the country, including to retail stores in Illinois. Consumers are urged to discontinue use of the product and contact Purity Cosmetics for a refund.

Although cosmetics are generally regulated within the cosmetic industry, when necessary, cosmetic products are regulated by the Center for Food Safety and Applied Nutrition, a branch of the FDA that is also responsible for regulating food. Labeling of cosmetics is regulated by the FDA, and if merchandise has not been tested prior to being placed on the market, companies are required to place a warning on the products alerting consumers to this fact.

Before products are placed on the market they are required to undergo testing to ensure that they comply with industry safety standards. When dangerous or defective products cause harm or illness to consumers, manufacturers may be held legally responsible for the injuries caused by the products, and the monetary damages caused by those injuries. When this happens, it may give rise to an Illinois personal injury lawsuit.

Products liability law is a branch of Illinois personal injury law that is intended to help people who have been harmed by hazardous products. "Products" in this instance cover a wide range of categories, including:
• Medical devices
• Machinery and tools
• Medicine and Drugs
• Food and tobacco
• Toxic chemicals and substances, such as pesticides, asbestos, and mold
• Firearms
• Autos and other motor vehicles, including trucks and motorcycles
• Automobile accessories such as tires, seat belts, airbags and child car seats
• Household products and appliances
• Toys and recreational equipment
• Clothing and apparel
• And cosmetics and personal products.

Often, personal injury lawsuits are brought against liable companies to send messages to the corporations to be more careful in the future. Additionally, the publicity from personal injury lawsuits can incite recalls for the dangerous products

Continue reading "Cosmetics Sold in Illinois Recalled for Bacterial Contamination" »

A few days ago, our Illinois personal injury attorneys contemplated the abject horror of a situation in which moldy applesauce was reprocessed and repackaged for sale to consumers. Following these findings by the FDA, reports have surfaced that Snokist, the liable food manufacturer of applesauce, isn’t the only company engaging in this kind of behavior.

Our Chicago personal injury attorneys were very concerned to hear that, according to MSNBC, “reworking” imperfect, mislabeled and even contaminated foods into edible goods to be sold to consumers is so common that virtually all producers do it, at least to some extent.

But who is regulating the health of these products? To some extent, FDA regulations do permit foods to be reconditioned. Allowing companies to do this can avoid both waste and expense, but in reality, these practices are tolerated for an entirely different purpose: certain levels of expected contaminants are tolerated, simply because a zero-tolerance standard would be impossible to meet, officials said.

The FDA has what’s known as “default action levels,” which are the levels at which food is no longer acceptable to be put on the market. However, so long as food products remain below that point, they may be sold to consumers for consumption. For instance, an average of 225 insect fragments or 4.5 rodent hairs per 8 ounces of macaroni or noodle products is considered acceptable, an average of 20 or more maggots of any size is permitted per 3.5 ounces of drained canned mushrooms, and an average count of 15 percent is tolerated for canned cranberry sauce, according to MSNBC.

Sometimes, however, the inclusions may not be so repugnant: mislabeled flavors of ice cream have been mixed into other flavors of ice cream to avoid waste, and pastas may be ground down to be used in producing breakfast cereals. Nevertheless, no matter the way in which food is reprocessed, the end product must be safe for human consumption.

There are some contaminants and inclusions that just can’t be fixed. In particular, mold – which was the culpable impurity in the reprocessed applesauce – is very difficult to remove from food products, no matter how much, or at what temperature, the food is reprocessed. And as per MSNBC’s report, the FDA investigated a case in which a seafood manufacturing corporation with faulty bathroom practices led to dissemination of a canned crab product that contaminated fecal E. coli bacteria. Although heat-treating would have eradicated the live germs, there is no way to get rid of the remnants of human waste.

Continue reading "Reprocessed Food: How Much is Too Much Contamination?" »

A number of public service ads, although containing a very important message, have been criticized for the disturbing, frightening images they use; nevertheless, the advertisements warning against the dangers of sleeping next to babies may have the potential to save the lives of infants from accidental death.

As per a report by MSNBC discussing the ads, legal analyst Star Jones pointed out that over-the-top images tend to stick in people's brains better than more subtle messages. The public notice adverts show an image of an infant cuddled up next to a butcher’s knife, with the message that, if you wouldn’t do that, you ought not to be co-sleeping with your baby either. The caption reads: "Your baby sleeping with you can be just as dangerous."

Although allowing a baby to sleep in an adult bed with a parent may seem like a nurturing and loving undertaking, our Illinois personal injury attorneys understand that it may pose a very serious, deadly risk to the child.

According to the American Academy of Family physicians, possible dangers of co-sleeping with an infant include these possible risks:
• Suffocation of the baby from a parent rolling onto or next to the baby.
• Suffocation of the baby from being trapped between a mattress and a headboard, or mattress and the wall.
• Suffocation of the baby from sleeping face-down on the mattress, pillow or blanket.
• Strangulation of the baby from the infant's head being trapped in part of the headboard.

Nevertheless, these ads have raised questions of whether the way in which they present their message is ‘over the top.’ On the other hand, advertising executive Donny Deutsch disagreed: "If it saves one baby..." it’s worth it.

Another essential lesson to take away from the publicity of the issues of dangerous sleeping conditions is the idea that no matter where the baby sleeps, hazards may be present. When babies sleep in bed with adults, they may be surrounded by fluffy bedding and have obstacles against which they may roll near and suffocate; however, the same dangers may also be present in cribs that use bumper pads.

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.

Continue reading "Frightening Ads Remind Us to Keep Baby's Sleeping Conditions Safe" »

Our Chicago personal injury lawyers are delighted and honored to announce that Levin & Perconti has been recognized by Lawyer Monthly – an international legal publication – as the Personal Injury Law Firm of the Year in the United States for 2011!

Lawyer Monthly is a magazine published each month, that is available worldwide to provide news and analysis of recent trends in the law. Lawyer Monthly provides both articles and editorials analyzing issues in all types of law that affect the legal field globally.

These awards acknowledge accomplishments of firms and individuals who have answered the demands of the current post-recession business environment and the recent economic turmoil worldwide. The accolades were bestowed based on online votes and measureable criteria evaluating excellence in the different fields.

Winners from several categories were chosen to reflect a range of practice areas; the winners represent firms and attorneys who have incredible professional achievement and excellence in the country and practice area.

This award is an enormous honor, and we are humbled by this tribute.

Our Chicago personal injury attorneys were devastated to hear about the recent airplane crash that occurred in Crystal Lake, Illinois, last week. According to a report in the Chicago Tribune, four people were killed when the plane went down near the Northwest Chicago Suburb on November 26.

The single-engine plane crashed in a field in McHenry County, near the intersection of U.S. Hwy. 14 and Ridgefield Road. Officials said that four out-of-state residents were killed when the plane crashed, but at the time of the Tribune’s report, the victims had not yet been identified. The McHenry County Deputy Coroner reported that the decedents appeared to be two men and two women, all of whom were over the age of 18. Fortunately no one on the ground was injured by the crash, but all four passengers were pronounced dead at the scene.

The Federal Aviation Administration (FAA) had no information as to the place from which the plane took off, or its ultimate destination. The FAA is the national aviation authority for the United States, and is an agency that regulates and oversees all aspects of aviation in the country. The FAA did, however, say that the aircraft’s pilot was operating under “Visual Flight Rules” and was not in touch with air traffic control.

When a pilot operates an airplane under Visual Flight Rules (VFR), it essentially means he or she is flying the plane under a set of regulations that are designed to allow a pilot to fly the plane based only on what the pilot can see out of the window of the cockpit. Under VFR, the weather must be clear and “better than basic VFR minimums,” as specified by the FAA – otherwise the pilot must use radio control or other flight instruments to guide the plane.

Visual Flight rules require that a pilot is able to see outside the window of the cockpit to navigate the aircraft and “see and avoid obstacles and other aircrafts.” Because they have chosen not to use outside help or devices to help fly the plane, pilots who fly under VFR assume responsibly for their flight. As per the Chicago Tribune’s coverage of the story, the National Transportation Safety Board is heading an investigation to determine whether the rules of flight were followed, if the plane was properly maintained and registered, and if the pilot was in fact licensed to fly the plane.

Continue reading "Devastating Illinois Plane Crash Illustrates Complexity of Aviation Law" »

As the holidays draw near, our Illinois personal injury lawyers want to ensure that the festivities are as safe as possible.

World Against Toys Causing Harm, or W.A.T.C.H. is a consumer public interest group that holds an annual conference, exposing the potential dangers of children’s toys; W.A.T.C.H.’s efforts have inspired many toy- and product-design changes.

This year, W.A.T.C.H. released it’s annual list of the “10 Worst Toys,’ each of which has the potential to cause harm or death to children. W.A.T.C.H. has produced this type of list annually since 1973, and many children’s lives have been saved as a result. A report published by MSNBC expounds upon the list, explaining each of the possible dangers posed by the toys. The list included toys that had potential risks for causing choking, electrocution, flesh wounds, and even death.

When corporations manufacture products that are marketed to consumers, those companies are responsibility for ensuring that the merchandise meets all safety requirements; companies are expected to test their products before distributing them to the public, and when those products are unsafe and cause harm to customers, the corporation may be held legally responsible for the injuries caused. These situations may give rise to Illinois products liability lawsuits.

Following are a few of the products that have been found to be the most dangerous to children. The remainder of the list may be found at W.A.T.C.H.’s website

• Action figures, both from Power Rangers- and Godzilla-themed sets may have dagger-like attachments that may potentially cause serious skin punctures. Similarly, on a “Sword Fighting Jack Sparrow” figurine, Johnny Depp’s lookalike is armed with a 4-inch rigid plastic sword.

• Trampolines, such as the “Fold & Go Trampoline” often make dangerous gifts, especially for young children. Even when they come with warnings that state that they should only be used for ‘controlled bouncing,’ James Swartz, a director of W.A.T.C.H. says that, in the real world it’s not reasonable to expect a child to use it in this manner.

• Some German wooden toys pose a risk of strangulation to infants; a wooden duck marketed for babies had a pull-cord of 33 inches, which is far over the toy industry’s safety standard limit of 12-inch-or-shorter strings on cribs and playpen toys.

• The “Z-Curve Bow” which is a bow-and-arrow-set marketed to children over the age of eight is nothing short of a weapon. A warning label attached to the toy instructs that the bow should not be pulled back at more than half strength, and that “anyone at close distance to the target should be alerted before firing.”

The Toy Industry Association reports that lists like the one published by W.A.T.C.H. “needlessly frighten parents,” but the Consumer Products Safety Commission reports that in 2009 alone, approximately 250,000 toy-related injuries were treated in U.S. hospital emergency rooms – and that number is on the rise.

Illinois products liability law is an area of Chicago personal injury law that helps people recover after injuries caused by dangerous and defective products. Any recall is too late in the process if toys have caused injury to children.

Nevertheless, there are many safe alternatives to these dangerous toys on the market. Our Chicago personal injury attorneys wish you safe and happy holidays!