Illinois Injury Lawyer Blog

Illinois personal injury lawsuits aren’t always pretty.

Recently MSNBC posted an article detailing two interrelated lawsuits that would have any Chicago personal injury attorney scratching his or her head. According to MSNBC, a State Appeals Court for Illinois disagreed with a Cook County Judge’s ruling that a case cannot move forward in a situation where a man’s detatched body parts struck and injured an innocent bystander after the man was hit and killed by a train.

The lawsuit arose when the female bystander sued the estate of the man, claiming that she was hit by his flying body parts, and as a result, sustained a broken leg, broken wrist, and shoulder injury. The situation arose from a tragic turn of events that occurred at the Edgebrook, Illinois Metra Station; the Chicago Tribune reported that the man was shielding himself from pouring rain with an umbrella over his head and was hurrying to catch an inbound train when a southbound Amtrak train going more than 70 miles per hour struck him.

The force of being hit by the train sent part of the man’s body flying more than 100 feet, striking the female victim, who was waiting for a train on the southbound train platform.

According to the Chicago Tribune, the decedent’s family sued Metra and Canadian Pacific Railway, claiming that they were negligent by not announcing a Metra delay, which led to the man’s accident when he mistook which train was his.

The walloped bystander has in turn sued the man’s estate. Though a Cook County Judge initially ruled that the deceased man could not have anticipated the injuries his body parts would cause to the woman, an Illinois State Court of Appeals disagreed, stating that it was “reasonably foreseeable” that the high-speed train would kill the man and send his body flying in the direction of people waiting on the platform, reported the Chicago Tribune. Because of the man’s carelessness and negligence (which also caused his death), the woman’s attorneys are arguing, the injuries caused by his flung body parts were a direct result of his actions.

The Chicago Tribune cited a number of other cases, including a case from 1951, in which a postal worker won a personal injury lawsuit in Illinois after having been hit by the body of an elderly woman who was struck by a train.

This particular case also reminds us that Chicago personal injury law isn’t always pretty – or clear cut – but our attorneys have the experience and understanding to handle even the most complex cases.

According to a recent article published by MSNBC, five years after Bayer CropScience – a corporation – inadvertently introduced a strain of genetically modified long-grain rice into the U.S. market, Bayer has admitted fault and agreed to move forward with a $750 million settlement stemming from the mistake.

Bayer CropScience is a division of Bayer, a German chemical and pharmaceutical conglomerate, otherwise most well-known for its original brand of aspirin. Bayer CropScience is in the business of genetic modification of foods for the purposes of crop protection and nonagricultural pest control. CropScience is one of the world’s leading food science companies in its field, and is one of the premier innovators in the arena of genetic engineering of food.

However, in 2006, the United States Department of Agriculture found that Bayer CropScience’s brand of LibertyLink genetically modified rice had contaminated the country’s rice supply. As a result, the European Union banned imports of U.S. rice, and the market for rice plummeted. Personal injury lawsuits were brought on behalf of rice farmers who lost significant income from the economic backlash from Bayer’s mistake.

Genetically modified foods are foods that are produced after changes have been made to their DNA by genetic engineering techniques. The alterations are intended to produce better, plusher crops that are able to resist strains of vegetal diseases. Genetically modified foods were first marketed to consumers in 1996. To this day, only modified plant-based goods – such as soybeans, corn, canola, and rice – have been sold to the public; although altered animal products have also been developed, they are not currently on the market.

Though no injuries in humans have yet been reported due to consuming genetically modified foods, the E.U.’s refusal to accept them – which triggered the economic disaster for rice farmers that triggered this particular settlement – causes us to question the potential risks involved with modified foods.

No studies have yet concretely determined whether engineered crops have caused any harm to the public. On the other hand, however, a number of consumer rights groups claim that the long-term health risks posed by genetically altered foods wouldn’t yet show up in tests since the public has only been eating these products since 1996; long-term effects wouldn’t yet have had the opportunity to surface.

In fact, according to MSNBC, federal regulators had not yet approved LibertyLink rice (the rice in dispute) for human consumption, at the time when trace amounts were found mixed with conventional rice seed in storage bins. The European Union’s fear that the rice was unsafe, along with the notion that genetically altered rice was somehow impure, quashed sales in major markets. Said MSNBC, the mistake left growers with huge losses, since prices fell.

A Chicago personal injury attorney can attest that when corporations – especially those in the business of manufacturing food products – place merchandise on the market, they have the duty of ensuring that their products are safe. When a diseased, defective, or dangerous product is released to the public and causes harm to consumers, the corporation responsible for manufacturing the food may be held legally liable for the damages caused by the injury.

In the years to come, we will need to keep a careful watch on consumers of genetically modified foods; if consumers are harmed because the products were inherently dangerous, Illinois personal injury lawsuits may arise.

At least five people died and more than 40 were injured when a concert stage collapsed during a storm at a state fair in Indianapolis. Many of those injured were said to have suffered brain injuries and broken bones.

The cause of the collapse has been attributed partly to a sudden gust of wind that toppled the rigging and caused the steel scaffolding to fall into the front section of the audience. According to witnesses, moments before the storm struck an announcement was made that severe weather was possible and instructions were given to the crowd on what to do if an evacuation was required.

Some speculate that the failure to adequately secure a concert stage rigging caused its collapse in the face of strong winds. In situations like this, concert promoters are typically responsible for providing the staging and may bear some responsibility for the tragic events. Much speculation has arisen in regards to whether concert promoters were aware of the potential dangerous weather that day. According to the article, Indianapolis Tragedy Not a Fluke, meteorologists maintained that the threat of damaging and powerful winds was known days before the fair. In fact, a severe thunderstorm watch was issued for all of central Indiana on the day of the event.

If the whether was foreseeable, as stated by numerous meteorologists, then the question remains – was appropriate outdoor stage rigging in place?

Continue reading "Investigators look for negligence in wake of tragic stage collapse" »

Our Chicago medical malpractice lawyers have always pushed for more public disclosure so that consumers can make reasonable choices as to their medical care. A new article stresses the importance of public disclosure even more so. A recent USA Today report exposed a significant discrepancy between the 120 hospitals given top marks by patients for providing excellent care and their darker distinction: they have high death rates for heart attacks, heart failure, or pneumonia. The USA Today analyzed Medicare data, offering insight into the relationship of patients’ and consumers’ perceptions of the quality of care that they receive from hospitals and more objective measures that influence medical malpractice, such as hospitals’ death and readmission rates. The director of the Centers for Medicare and Medicaid Services remarked that these findings are extremely important. He added that patient-survey data offers a look into how it feels to be a patient at different hospitals; however, he also stated that patients’ perceptions do not tell the entire story. Other factors can impact perceptions and performance. Over the past 10 years, patients, employers, insurers, and the federal government have demanded public disclosure of health care data due to rising healthcare costs and a flood of complex therapies. With this outflow of public information, patient consumers, insurance companies, and physicians can make better choices about where to obtain medical care.

Continue reading "Medicare data shows gap in hospital ratings and actual performance" »

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

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

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

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

Continue reading "Congressman’s letter to Senator highlights importance of medical safety" »

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

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

Continue reading "Trial by jury: an integral "check" on our system " »

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

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

Continue reading "Injury Lawyer Alert: U.S. Chamber of Commerce continues to attack our courts" »

During yesterday morning’s commute, a serious collision occurred between the Metra Union Pacific Northwest Line and a trailer truck in the Mount Prospect neighborhood. The Union Pacific Northwest Line (UPNW) runs from Harvard to downtown Chicago and already makes several stops before reaching Mount Prospect. The collision between the truck and the train killed the truck driver and caused the front train car of the Metra train to derail. All of the train cars remained upright, but a few dozen passengers received personal injuries from the train accident and were taken to area hospitals or treated on the scene. None of the personal injuries received by the train passengers were believed to be life-threatening.

The derailment of the train car was caused by the impact from the trailer of the truck, which landed to the side of the intersection. The train came to a stop after clearing the crossing. However, the second car of the train was blackened from soot because the truck had caught fire. Passengers reported that the cars filled up with smoke; passengers popped out windows on the upper level of the train to exit. Many passengers apparently feared that the accident was a terrorist attack, but Mount Prospect Police Commander dismissed those fears, stating that the situation appears to be “a driver in a hurry.” One passenger noted that the impact was like an explosion.

Continue reading "Suburban Metra train collision; 1 dead and several injured" »

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

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

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

A local boy – only five years old – and his mother received critical personal injuries in a Chicago fire that started in the boy’s home on the South Side of the city of Chicago in the West Englewood neighborhood. The child was rescued by Chicago firefighters and taken to Comer Children’s Hospital with severe burns and smoke inhalation. He is in critical condition and was transferred to the University of Chicago Medical Center’s burn unit. His mother’s condition has since stabilized. A Chicago police officer was also treated for smoke inhalation injuries. The family reported that they had no idea what started the fire.

Burn injuries always make Chicago injury lawyers question what could have been done to prevent the injuries. According to the American Burn Association, 1.1 million burn injuries require medical attention yearly. Seriously burned patients, like the Chicago child, often need expert medical attention to deal with the long-term physical and psychological affects of their burn injuries. Our Chicago burn injury lawyers understand that goals after such injuries are to make sure that the suffering is not exacerbated by lost wages or unpaid medical bills. We have successfully handled numerous burn injury cases and recovered millions of dollars in verdicts and settlements for our clients, including a $2.3 million settlement for a family whose two young children suffered severe burns and whose third child was killed in a fire that broke out in a Chicago Housing Authority building.

Read more about the child victim's Chicago burn injuries at Chicago Tribune.

Unfortunately, more sad news came for many Chicago families today. The Southtown Star reported that far more human remains were dumped in what was supposed to be an unused corner of Burr Oak Cemetery than were found previously during the Cook county criminal investigation two years ago. The Cook County Sheriff’s office announced the report on Monday the tragic news based on an archeological survey. “Crime Scene A” had been targeted as a place for new burials because it was believed to be the only part of the cemetery where bodies had not been buried. However, archeologists found layers of human remains and coffin pieces buried as deep as 8 feet below the surface. Some of the coffin pieces were charred. Cook County Sheriff Tom Dart announced that the archeological findings support his view that there should be no new burials in the two areas of Burr Oak identified as crime scenes in 2009. Sheriff Dart explained that he walked around the area and found bones everywhere.

Continue reading "More human remains found at Burr Oak cemetery" »

The Chicago Tribune recently exposed that dangerous doctors have been slipping through the cracks. The Chicago Tribune reported about a recent incident in Crestwood, Illinois. Crestwood is a southwest Illinois suburb of Chicago. One night, a Crestwood police officer was performing routine building checks when he noticed an open door to the office of a psychiatrist. When the officer stopped inside the cluttered office, he discovered several things out of order. He found roaming cats, a Colt AR-15 assault rifle and other guns, ammunition, military-grade smoke grenades, sex toys, and pornography. When Illinois regulators determined that the psychiatrist had engaged in sexual misconduct and committed other violations of the State Medical Practice Act, they suspended his license and proclaimed him a “danger to his patients.” But the truth is that the Illinois psychiatrist’s practice could have been shut down years earlier after an Illinois agency found that the psychiatrist committed inappropriate conduct with a female inmate and barred him from working in a prison. These are the type of incidents that are concerning about whether our regulations truly protect against Illinois medical malpractice.

Our Chicago medical malpractice lawyers agree that this case raises questions about the medical disciplinary system and its ability to protect Illinois citizens against Illinois medical malpractice. In a system that should protect, Illinois agencies and associations are required to report potentially dangerous and unprofessional doctors to medical regulators, who can bar the doctors from practicing and keep patients out of harm’s way. However, the mandatory reporters sound very few alarms and when they do, regulators rarely take action. Strikingly, 348 mandatory reports were filed with the state of Illinois in 2009, but only one case resulted in the Illinois Department of Financial and Professional Regulation by suspending the Illinois physician’s license. Such a disparity tends to show that the system does not work as well as it should.

Visit the Chicago Tribune to learn more about the problems with the Illinois medical disciplinary system.

Chicago police are currently questioning a Chicago motorist who struck two boys on Saturday afternoon in the West Pullman neighborhood on the Far South Side of Chicago. The motorist was reportedly on a cell phone when the car he was driving struck two boys Saturday afternoon. An 11 year-old boy and a 15 year-old boy were both on foot when a car hit them around noon at 119th Street and Harvard Avenues. Fortunately, the children were stabilized on the scene by paramedics and then taken to an Oak Lawn hospital. Witnesses on the scene described to police that the motorist was on a cell phone during the Chicago car accident.

The National Safety Council estimates that 200,000 car crashes yearly are caused by drivers who are using their cell phones while driving. Talking on a cell phone causes nearly 25% of all Illinois car accidents. Four out of every five accidents are attributed to distracted drivers, which is more than the statistics for accidents attributed to drunk drivers. Drivers talking on cell phones were 18% slower to react to brake lights.

Read more about the Chicago car accident by visiting the Chicago Sun-Times.

A recent Letter to the Editor from Illinois Trial Lawyers Association (ITLA) president Todd A. Smith published in the Moline Dispatch this week addressed the so-called need for workers compensation reform in Illinois. Mr. Smith, a Chicago trial lawyer, responds to a recently published editorial called “Priority 1: Workers’ comp.” Mr. Smith states that most of the “reforms” discussed thus far have been at the expense of Illinois injured workers. Mr. Smith responds that we agree with the editorial that any type of fraud – on the part of employers and employees – existing in the Illinois workers compensation system has to be eliminated in order to reduce costs. ITLA’s position has always been in favor of giving the power to the appropriate authorities and allowing them to crack down on abusers because any abuse of the system should not be tolerated whatsoever.

Contrary to the ideas proposed thus far, Mr. Smith points out that if there are problems for the business community, and the premiums they pay for coverage, one should closely look at the insurance industry and its lack of regulation. ITLA has urged that legislators seriously focus on insurance reform. Here’s an interesting fact that Mr. Smith raised: pending claims have dropped in the past decade from 80,000 to 50,000; nonetheless, insurance company premiums continue to rise. How does that make sense? The argument that the workers’ compensation system in Illinois costs jobs is a myth. Ford Motor Company just made a long-term commitment to Illinois and companies are moving to Illinois. In any debate, we should focus on the workers’ rights first and foremost. Injured workers should not be subjected to reduced benefits in an already compromised system.

Read more about the insurance reform we need by visiting the Illinois Trial Lawyers Association website.

A recent documentary called Hot Coffee is making some steam as it documents “tort reform.” Its showing at the Sundance festival rendered a very favorable verdict. The subject matter of Hot Coffee is our country’s tort system and will likely be deplored by corporations and special interest groups, such as the United States Chamber of Commerce. Hot Coffee has been called a “potent and provocative documentary.” The filmmaker, Susan Saladoff, presents a strong case against corporate America, which she exposes as using sensationalized lawsuit settlements to push public opinion against frivolous lawsuits. Ms. Saladoff highlights the infamous McDonald’s personal injury lawsuit where the personal injury plaintiff was awarded millions for spilling hot coffee on herself. Offering perspective on the infamous lawsuit, the filmmaker showed many “man-in-the-street” interviews, which indicate that the general public’s uninformed view of the case was that it was outrageous for someone to use over hot coffee.

The film even goes to the length of interviewing the elderly plaintiff as well as showing the graphic medical photographs of the horrific burns that the personal injury plaintiff suffered in her private areas. Ms. Saladoff also addresses the initial response from McDonalds, which was characterized as arrogant and dismissive when the elderly woman initially sought only to have her medical bills covered. All of this time, when the elderly plaintiff was suffering severe harm, McDonald’s had in its possession numerous other reports where customers had been similarly injured by their “too hot” coffee.

Visit Reuters to read more about the legal documentary.

The Chicago Daily Law Bulletin recently asked experienced Illinois nursing home abuse attorneys Steven M. Levin and Michael F. Bonamarte IV of Levin & Perconti to weigh in on a punitive damages case before the Illinois Supreme Court. The issue before the Illinois Supreme Court involves whether punitive damages are available under Illinois’s Nursing Home Care Act and follows the filing of a complaint in Winnebago County against Alden Park Strathmoore, Inc. for damages arising out of the plaintiff’s mother’s care at the Illinois nursing home prior to the elder woman’s death.

The first two counts of the Illinois nursing home abuse complaint sought compensatory damages under Illinois’s Nursing Home Care and Wrongful Death acts, but the third count is the one that has incited debate. The third count was a survival action under the Illinois Nursing Home Care Act and included a request to reserve the right to seek punitive damages for the defendant’s alleged willful and wanton conduct. The legal argument countered by the nursing home defendant was that the plaintiff’s reservation of the right to seek punitive damages did not survive the elder woman’s death.

The question, that faces is the Supreme Court of Illinois, is whether common law punitive damages are available in an action brought by the personal representative of the estate of a deceased nursing home resident based on the Survival Act for willful and wanton violations of the Nursing Home Care Act which caused injuries that ultimately claimed her life. Chicago nursing home neglect attorneys Steven M. Levin and Michael F. Bonamarte IV, on behalf of the Ilinois Trial Lawyers Association, filed an amicus brief in support of the nursing home abuse lawsuit plaintiff. Steve Levin, who has advocated for nursing home abuse victims for more than 25 years, stated that this is a crucial safety rule and it is “an important principle that our most vulnerable citizens need.”

Read more about the impending Illinois nursing home damages ruling at The Chicago Daily Law Bulletin.

Recent news about hips have addressed DePuy Hip Implant recalls, but this article and research study is about a different issue regarding broken hips. So, medical studies have demonstrated that suffering a stroke is already known to increase the risk of breaking one’s hip. Now, new research hints that the reverse of the previous studies might also be true. A recent study has found that individuals with broken hips had more than a fifty percent increased risk of having a stroke within a year of their injury when compared to similar patients with no such fractures. However, the new research finding is not enough to be one hundred percent certain that hip fractures, which account for greater than 320,000 hospital admissions each year in our country, may actually cause a stroke. This finding has important ramifications as the nation’s third leading cause of death.

Continue reading "Broken hip related to heightened risk of stroke" »

The momentous health care reform act passed last year is in jeopardy. Contact your representative now to oppose repeal of the Affordable Care Act (health care reform). The House of Representatives is expected to vote TODAY to repeal the Affordable Care Act. As you know, this law is especially important to nursing home residents, nursing home neglect advocates, and families of those in nursing homes. The Health Care reform law contains numerous provisions to improve nursing home transparency and quality, prevent elder abuse, and expand access to home and community-based services. Please contact your representatives now and urge him or her to oppose the repeal of the Affordable Care Act! Personal stories have tremendous impact, so feel free to share your personal story with your representative. Do you have a family member in a nursing home? How will the Affordable Care Act affect you personally?

To phone your representative, you can call the United States Capitol switchboard at (202) 224-3121. Ask for his or her office when the operator answers. You can obtain e-mail addresses for your representatives by visiting the House website (www.house.gov). Enter your zip code in the place provided at the top of the page and the link will take you to the member’s website and contact information. If the switchboard is jammed with calls, e-mail may be the best option. When calling your representative, some talking points include the following:

“My name is [__________________]. I/my organization represents nursing home residents and others who receive long-term care in Representative ________’s district. Please ask Representative ________ to vote AGAINST the repeal of the Affordable Care Act. The law makes nursing homes safer and more accountable for the quality of services that they provide to people. The Act also helps the elderly and people with disabilities remain independent in their own homes and stay out of nursing homes. Please oppose the repeal of health care reform.” Then, you can add your own personal stories.

Watch for more alerts and information on leaving the Affordable Care Act in place at the Consumer Voice website.

Travel woes recently were increased after a report of illness on a popular cruise ship. A “Radiance of the Seas” cruise ship returned after six days at sea on a bad note when a number of guests became ill with what the company is calling a “gastrointestinal illness.” One of the guests reported to MyFox.com that nobody wants to know the details because it is horrible. She and her sister both came down with the illness and despite getting sick, they disclosed that the cruise ship company did an excellent job handling the situation. Passengers reported that the crew handled the illnesses very professionally. After a slight outbreak of illness, the cruise ship needed to be thoroughly cleaned, which meant a five-hour delay for individuals expecting to go out on the next cruise.

The cruise ship released a statement stated that the ship was undergoing “enhanced sanitation,” which delayed the next ship’s departure. According to the Center for Disease Control (CDC) website, the Radiance of the Seas cruise ship was the first cruise outbreak of 2011 and the causative agent is still unknown. 150 passengers of 2336 on board reported being ill during the voyage and three of the 851 crew reported being ill. The predominant symptoms were diarrhea and vomiting. Last year, eight cruise ships had illness outbreaks on board due to Norovirus; several more were unknown.

Information about cruise line outbreaks since 1994 is available at the Center for Disease Control’s website on outbreak updates.

More information about the Radiance of the Seas voyage where passengers became ill is available at MyFox.com.