Chicago Injury Attorney Blog

Hazardous or dangerous conditions on a property that cause serious injury or death to a person can be grounds for an Chicago, Illinois premises liability lawsuit. It is a premise owner’s responsibility to make sure that any hazards are removed from a property or repaired so that visitors, patrons, tenants, guests, customers, passersby, and others don’t get hurt. Electrical dangers, broken steps, uncovered swimming pools, and debris/wet liquids left on the ground are some examples of possible premise hazards.

Earlier this month, a tenant filed her premises liability lawsuit over an Illinois slip and fall accident that she claims occurred to her in September 2008 as she tried to walk down the basement stairs of her rental residence. The steps were slippery because of a water leak in the basement, and Christina Whitford contends that property owner Brian Stanley should have known about the leakage.

The plaintiff also accuses Stanley of failing to give her a safe way to enter and exit the basement, improper maintenance of the property, neglecting to warn of the danger, and failure to address safety problems in a timely manner. Whitford claims that as a result, she experienced suffering and pain after she hurt her arm and shoulder. Her injuries caused her to incur medical expenses and made it impossible for her to tend to her regular responsibilities. She is seeking over $50,000 in Illinois premises liability compensation.

In a different Illinois fall accident case, Gerald and Donna Mangiarcino are suing Lowe's Home Improvement Center, Lowe's of Glen Carbon, Lowe's Home Centers, Lowe's of Illinois, and unknown persons that have been named John Does. Gerald claims he suffered disability, experienced suffering and pain, had to give up his regular lifestyle, and lost income when he was injured in a trip and fall accident at the Lowe’s in Glen Carbon in April 2006. He contends that he was injured when he tripped over a garden hose that was on a walkway and then fell into a puddle. Donna says she too experienced losses from the premises liability accident, including loss of her husband’s consortium, society, companionship, affection, love, and support.

Lowe's sued by man who trips over garden hose, The Record, March 5, 2010

Wet stair cause woman's severe and permanent injuries, says suit, The Record, March 5, 2010

Related Web Resources:
Slip and fall, Nolo

Premises Liability, Justia

James Coman, a Chicago dad, is suing Dr. Daniel Rossignol and Dr. Anjum Usman for Illinois medical malpractice. Coman contends that the doctors, who are involved in the Defeat Autism Now! Movement, caused more harm than good to his 7-year-old son because they gave him experimental treatments that were “dangerous and unnecessary.”

According to his Chicago, Illinois medical malpractice complaint involving injuries to a minor, Rossignol prescribed treatments for his son without seeing him in person. Coman’s Chicago injury lawsuit also points to a test for diagnosing whether kids with autism are suffering from metal poisoning. He says his son underwent the first of many of these tests when he was just two.

Chelation treatments, which can cause kidney failure, are supposed to make the body release any toxic metal. Test results are compared to a reference range for people who never took the chelation drug. Even though Conan's son did not have heavy metal poisoning, he was diagnosed as having high levels of aluminum, lead, mercury and tin.

Coman is also blaming Doctor’s Data Inc., the Illinois lab that conducts the tests that can determine whether chelation treatments are necessary, of using improper testing methods.

Unnecessary medical procedures, tests, and treatments—especially ones that come with possible medical risks—can cause serious injuries, illness, and even death. If you believe your child’s condition got worse and/or he/she experienced unnecessary pain and suffering because a doctor prescribed a treatment or test that was wrong or unnecessary, you may have sufficient grounds for filing a Cook County injuries to minor lawsuit alleging Chicago medical malpractice.

Autism Spectrum Disorder Facts:

• 1% of US kids in the 3 – 17 age range have ASD
• Early diagnosis and intervention can reduce lifelong care expenses significantly
• There are special services available to help your child learn to walk, talk, and socialize with other people

The sooner a child with autism gets the proper treatment, the greater the chances of your son or daughter overcoming certain challenges. The wrong treatment or procedures or delayed treatment can prove detrimental.

Doctors sued over ‘dangerous’ autism treatment, Chicago Tribune, March 4, 2010

Related Web Resources:
Autism Society of America

Autism Spectrum Disorders (ASDs), CDC

Ophthalmologist Nicholas Caro is no longer allowed to perform Lasik eye surgeries or any other procedures that would change a patient’s cornea in the state of Illinois. The decision was handed down by the Illinois Department of Financial and Professional Regulation.

Caro’s medical license has also been suspended for 30 days and he is on probation for three years. He also has been ordered to pay a $10,000 fine. In addition to the refractory procedure lifetime ban, Caro can no longer perform intraocular procedures, including refractive lens exchange, corneal transplantation, and cataract surgery.

Caro has come under scrutiny in the wake of reports that since the late 1990’s he has been sued nearly 50 times for Chicago, Illinois medical malpractice. Illinois’s top medical prosecutor had even recommended in 2008 that Caro’s medical license be taken away because he allegedly mishandled Lasik procedures and neglected to properly handle patients’ post-operative treatment and complications. Despite these concerns, Caro has kept performing eye procedures on patients.

Lasik Sugery
Also called laser-assisted in situ keratomileusis, this elective medical procedure is supposed to improve a person’s vision. A laser is used to change the cornea’s shape. 75% of eye doctors in the US that have performed this procedure in the last 25 years were sued under four times for medical malpractice during their careers. The Chicago Tribune says that out of over a dozen Chicago-area Lasik doctors, the most anyone had been sued for Cook County, Illinois ophthalmology malpractice was 12 times.

It goes without saying that severe eye injuries can drastically alter a person’s life. We need our eyes to do nearly everything. This is why it is so important that we have healthy eyes and that we let eye doctors examine them regularly. Unfortunately, eye care malpractice can happen, leading to vision loss, halos, double vision, eye infections, severe dry eye syndrome, retinal detachment, and other serious injuries.

State agency reprimands Chicago eye doctor, Chicago Tribune, February 19, 2010

Despite Chicago Medical Malpractice Lawsuits Over Botched Lasik Surgeries, Doctor Continues to Practice in Illinois, Chicago Injury Attorney Blog, July 8, 2009

Related Web Resources:
Lasik, FDA.gov

Illinois Department of Financial and Professional Regulation

Continue reading "Chicago Medical Malpractice: Ophthalmologist Barred from Performing Lasik Eye Surgeries in Illinois" »

A jury has awarded a $6 million Lake County, Illinois wrongful death verdict to the half-brother and mother of Justin Newman, who was murdered by Ari Squire.

According to authorities, in 2008 Squire, 40, got the 20-year-old victim to come to his house by pretending to offer him a construction job. They say that Squire murdered Newman, switched clothes, and left his wallet and identification on the Arlington Heights man before setting him on fire and dropping a diesel truck on his body. The physical damage was so severe that a DNA test was required to identify him.

Police used the Newman's cell phone, car, and debit card data to find Squire, who was in Missouri. He shot himself before they could apprehend him.

The plaintiffs, Donna FioRito and Frank Testa III, accused Squire’s wife Denise of conspiring with her deceased husband to fake his death, which included the plan to murder Newman. Illinois law holds co-conspirators liable in wrongful death cases.

Squire’s $5 million life insurance was payable to his wife, sister, and business partner Joseph Vaccaro upon his death. Police found email between the couple that were sent and received after his "murder."

Denise has not been criminally charged in Newman’s murder. The FBI and federal prosecutors are now handling the matter.

Testa and FioRito are also suing Vaccaro for Illinois wrongful death. They claim that he too conspired to fake Squire’s murder.

Chicago, Illinois Wrongful Death
There may be more than one party who should be held liable in civil court for your loved one’s Chicago wrongful death. Losing someone you love is always tragic, and you can hold reckless, negligent, careless, or malicious persons and entities liable if they contributed to causing the fatality.

Lake Barrington widow found liable in wrongful death scheme, Daily Herald, February 25, 2010

Police: Man faked own death, then committed suicide, ABC7News, March 7, 2008

Related Web Resource:
Illinois Wrongful Death Act

The Chicago Board of Education and the Chicago Youth Centers have reached a nearly $14.7 million Chicago, Illinois personal injury settlement with Ryan Murray. The 30-year-old Chicago resident was just 13 when he got hurt during a tumbling class at a South Side elementary school in December 1992. A Chicago Youth Centers employee was supervising the class, and the trampoline belonged to the Chicago Public Schools.

After striking his head while jumping off a mini-trampoline, Murray became a paraplegic. He filed a Chicago personal injury complaint suing for damages.

His Chicago injury lawsuit has been making its way through the Illinois court system for years. The Illinois Supreme Court tossed out the complaint in 2006 after determining that Murray couldn’t sue a government entity. The state’s highest court says that in order to be considered an exception to the law that doesn’t allow injured parties to sue government bodies, the injury needed to have been intentional.

Murray’s Chicago personal injury lawyer, however, argued that the school and others involved were reckless in the way that they conducted the class, which was an extracurricular activity that took place at lunch. The Illinois Supreme Court agreed to hear the case again and in 2007, reversed itself, making way for the Illinois injury lawsuit to move forward.

The Cook County injury trial had been scheduled for this month.

Quadriplegia
This condition, which involves a spinal cord injury, leaves a person paralyzed from the neck down. Quadriplegics are generally unable to move their bodies and they may also suffer from digestion problems, respiratory issues, serious pain, sexual dysfunction, bowel issues, bladder problems, muscle spasms, and a shorter lifespan. The medical expenses for someone leaving with this type of SCI can be astronomical, which is one reason it is important to obtain the maximum financial recovery from all liable parties.

$14.7 million settlement in trampoline suit against CPS, Chicago Breaking News, February 25, 2010

17 years later, $14.6M settlement in trampoline injury suit, Chicago Sun Times, February 25, 2010

Related Web Resources:
Chicago Board of Education

Chicago Youth Centers

In Cook County Circuit Court, Raymond Cirimele is suing Mincing Overseas Spice Company, Wholesome Spice, and meat company Daniele International Inc. for Chicago personal injury. The 55-year-old Chicago resident says he contracted salmonella after eating salami, which is his favorite snack.

Cirimele, who is out of work, says he lost six pounds, was sick for three weeks, and continues to experience joint pain. He tested positive for the bacteria connected to the nationwide salmonella outbreak and had to take antibiotics.

A couple of weeks ago Costco sent him a recall notice regarding the salami. The meat company recalled over 1 million pounds of salami in January, temporarily stopped making salami items, and replaced its spice suppliers.

So far, the Centers for Disease Control and Prevention is reporting that 225 people in the US have been affected by the salmonella outbreak. 15 of them live in Illinois. Wholesome Spice has been pointed to as the likely source.

Also this month, 61-year-old Harold Hanks sued Wholesome Spice and Daniele for his foodborne illness. Hanks bought the salami products at Wal-Mart and got sick within days of eating the food items. Nausea, diarrhea, severe dehydration, and a bacterial infection led to him making a trip to the hospital emergency room.

Three kinds of Salmonella:

• Gastroenteritis
• Bacteremia
• Typhoid fever

Possible salmonella infection complications include bacteremia, typhoid fever, and Reiter’s syndrome. Salmonellosis, an infection, can lead to death, especially if the patient is a baby, an elderly person, or another person with a weakened immune system.

You may have grounds for filing a Chicago, Illinois products liability lawsuit against a food manufacturer, retailer, or distributor responsible for the food item that made you ill.

Chicago man sues claiming salami made him sick, Associated Press, February 12, 2010

61-year-old man sues national company, News-Leader, February 13, 2010

Related Web Resources:
Salmonellosis, CDC

Daniele International Inc.

According to a senate report released today, pharmaceutical drug manufacturer GlaxoSmithKline knew that that Avandia was causing about 500 heart attacks a month yet failed to pull the drug off the market despite the US Food and Drug Administration’s recommendation that the company do so 2008. 304 fatalities were linked to this medication during 2009’s third quarter. The diabetes drug is still available for use to this day, and hundreds of thousands of people continue to take it.

The report claims that the drug manufacturer has known for years about the heart attack risk created by taking Avandia and asked doctors not to warn about this possible side effect. The diabetes drug, which has been available since 1999, made $3 billion in 2006. Sales went down to $1.2 billion last year after the New England Journal of Medicine published a study reporting that people who take Avandia may increase their heart attack risk by 43%.

In 2008, FDA officials found that not only did Avandia increase a user’s heart attack risk, but it wasn’t any more effective than rival drug Actos. In 2007, the Journal of the American Medical Association published a study that concluded that use of Avandia increased heart failure risk by 60%, heart attack risk by 40%, and one’s fatality risk by 29%.

Avandia is usually prescribed to people suffering from Type 2 diabetes. The New York Times says that if all Avandia users were given Actos instead, about 300 heart failure cases and 500 heart attacks would be avoided each month. Meantime, Glaxo denies that Avandia is a heart risk.

Dangerous Drugs
Our Chicago, Illinois products liability lawyers represent clients who were injured, became sick, or died from a dangerous pharmaceutical drug. Drug manufacturers are supposed to make products that are safe for people to take. You may have grounds for filing a dangerous drug lawsuit if a pharmaceutical company makes a dangerous drug, fails to warn of certain side effects, or tries to conceal the risks associated with the medication.

Glaxo Knew Avandia Caused Heart Risk, Report Says (Update1), BusinessWeek, February 20, 2010

Research Ties Diabetes Drug to Heart Woes, New York Times, February 19, 2010

Related Web Resources:
Avandia Press Kit, GSK

Type 2 Diabetes, American Diabetes Association

US Food and Drug Administration

A woman who says she never gave her ex-boyfriend permission to shoot video footage of the two of them having sex is suing him for Chicago personal injury. In her Cook County injury lawsuit, “Jane Doe” is seeking at least $50,000 in damages.

She claims that she was emotionally devastated and very embarrassed to discover that a sex video existed. She is accusing her ex-boyfriend of violating Illinois’s eavesdropping law that requires that everyone included in a recording be notified.

Jane Doe says she and the defendant were last together in April 2008. However, it wasn’t until last year when another ex-girlfriend of the man let her know that the video existed. The woman sent the CD to Jane Doe, who says that she was so affected by the discovery that she is now frightened to become emotionally involved with another person in case she gets hurt again. Jane Doe says there was nothing in her ex-boyfriend’s South Loop Apartment to indicate that their activities were being recorded. The plaintiff’s Chicago injury lawyer says that he and his client believe that the sex footage has been shown to others.

Meantime, the defendant of Jane Doe’s Chicago, Illinois personal injury lawsuit has denied the allegations to The Sun-Times.

Chicago Personal Injury Lawsuits
A person can sue for Chicago, Illinois personal injury as a result of both physical and emotional injuries that were caused by another party's negligence, carelessness, or recklessness. Grief, depression, embarrassment, emotional trauma, mental anguish, anxiety, and fright are some of the emotional injuries a person can sustain.

Woman sues ex for making sex tape without her permission, Chicago Sun-Times, February 17, 2010

Related Web Resource:
Types of Personal Injury Damages, Justia

Illinois Eavesdropping Statute, The Reporters Committee for Freedom of the Press

A judge in DuPage County wants a jury to decide whether a golfer should be held liable for his ball that accidentally struck a woman on the head. Raymond Kinney, a Naperville businessman, was playing golf on August 25 at the DuPage County Republican Day, sponsored by St. Andrews Golf & Country Club, when his ball flew into West Chicago resident Lillian Demo's yard, which is located next to the golf course.

Demo filed a DuPage County personal injury lawsuit against Kinney in 2007. She is also suing St. Andrew. Demo claims that her migraine headaches are a result of the golf accident. She also contends that her permanent and serious injuries have impeded her daily life.

In her Illinois personal injury complaint, Demo accuses Kinney of failing to properly aim his shot, incorrectly executing his swing, and failing to warn her that a golf ball was approaching. Meantime, Kinney claims that someone in his party shouted “fore” to warn that there was an errant golf ball might pose a hazard to others.

Judge John T. Elsner said that golfers must be careful and not cause injury to anyone on or near the golf course. Also, Illinois doesn’t have a law stating that people who buy residences next to golf courts are assuming the risk of possibly getting struck by any balls.

Errant golf balls can cause serious injuries and Demo’s West Chicago injury lawsuit is not the first one filed by someone suing for damages for a resulting injury. Other golf-related matters that have been cited as grounds for a personal injury lawsuit are golf car accidents, and fall accidents on the course or at the golf club.

Judge: jury to consider negligence in golf lawsuit, Chicago Tribune, February 11, 2010

Slice could leave golfer on hook in lawsuit, Naperville Sun, February 14, 2010

Related Web Resource:
Andrews Golf & Country Club

A Chicago couple is suing Evanston Hospital and NorthShore University HealthSystem for Cook County medical malpractice. Jennifer Spiegel is seeking at least $30,000 in Illinois personal injury damages after she was given the wrong newborn to breastfeed.

She says that a nurse woke her up at around 4am the day after delivery and told her that her “son” wanted her. While Spiegel breastfed him, a nurse walked in and saw the mix-up. Spiegel, 33, says the mistake made her feel “awful.” She also became worried that maybe her baby, Logan, had gone to someone else.

She asked for him immediately after the mistake was discovered, and he stayed in the room with her until they were discharged.

Fortunately, no one got hurt or fell ill. However, Spiegel contends that she never agreed to feed someone else’s baby. She also doesn’t know how the mix-up occurred as she, her husband, and their baby all were required to wear matching bracelets and identification numbers.

The birth of a baby is such a precious time for a family. It is the responsibility of doctors, nurses, and hospitals to make sure that the experience is free of any medical mistakes that can cause any type of injury to mother or child. Giving a child to the wrong parent to bring home is another example of a medical mix-up that can be traumatic for everyone involved. Some other kinds of medical errors that can be grounds for an Illinois medical malpractice lawsuit include delayed cesarean birth, failure to monitor the mother or child’s vitals, gynecological errors, forceps errors, and failing to deliver the infant in a timely manner.

Couple sues over being given wrong baby, Sun-Times, February 13, 2010

Related Web Resources:
Evanston Hospital, NorthShore

Medical Malpractice Overview, Justia

Premise owners are responsible for making sure that there are no slippery, icy, or wet substances or patches on a property that can cause a patron, a tenant, or a visitor to get hurt in an Illinois slip and fall accident. Otherwise, an injured parties may have grounds for filing a premises liability claim.

Recently, Kimberly S. Jarnagin filed a Bethalto slip and fall lawsuit against Deb's Barber and Salon for injuries she sustained when she slid on mud, water, and debris in the parking lot of a building where she was renting office space. The building belongs to Debra Lowenstein.

Jarnagin claims she sustained painful, serious, and permanent injuries, incurred medical expenses, and lost wages. She accuses Lowenstein of failing to make sure the parking lot had a drain pipe and gutter system that would have prevented the mud and water from accumulating. Jarnagin also is claiming that the defendant failed to warn about the dangers posed by the debris and water. Jarnagin is seeking over $50,000.

In another Illinois slip and fall incident, Ed Adams claims he tore his rotator cuff after he slipped on ice at the home of Rolf and Betty Jacobsen on February 3, 2008.

Adams says that he was helping another guest who had slipped and fallen outside the couple's home when he also slipped on an unnatural accumulation of ice on a sloped area. The plaintiff claims that his right shoulder was injured and he experienced pain, disability, and loss of his normal life as a result. The plaintiff is seeking over $100,000 from the Jacobsens. He blames them for allowing such a dangerous condition to exist on their property.

Man slips on ice while helping someone who slipped on ice, The Record, February 10, 2010

Woman slips on water, mud and debris in Bethalto parking lot, The Record, February 11, 2010

Related Web Resources:
Slip and Fall, Nolo

Premises Liability, Justia

Candice Williams is seeking $50 million in compensatory damages and $50 million in punitive damages for the death of her unborn fetus. Williams was a pregnant high school senior in 2008 when police allegedly used excessive force to drag her from Crete-Monee High School, push her to the ground, and knee her back.

Williams says that because of the incident, the fetus she was carrying did not survive. She filed her Will County wrongful death lawsuit last year.

Now, Williams is accusing one of the school security guards who participated in her arrest of being prejudiced. Williams is black. The guard, Marilyn Reid, is white. In court documents filed in Chicago yesterday, Reid is accused of using the “n-word” when dealing with a black suspect and of showing a paper version of a Ku Klux Klan mask to a black co-worker.

Williams says problems with the school’s security team began when she and other schoolmates complained to the school superintended about the inadequate security at the school. She claims that while waiting for a bus at around 5:30 on April 3, 2008, Reid and another guard ordered students to exit the building. The plaintiff says she went toward the exit but waited in a vestibule because she was anemic, pregnant, and cold. A teacher accused her of trespassing and asked the guards to contact the authorities.

When police officers arrived, Williams claims that Reid pointed toward her, and the cops pushed her. She says that they were told she was pregnant, but that didn’t stop Officer Richard Pasquini from using his knee to strike her in the back. He also allegedly threatened to Taser her. The following day, Williams learned that her 9-week-old fetus did not have a heartbeat. She also says that her college scholarship was taken away.

The officers have denied using excessive violence when apprehending Williams, who was charged with trespassing. She was later found not guilty.

Illinois Police Brutality
If you were the victim of excessive use of force by police, you should explore your legal options for filing an Illinois police brutality claim immediately. Even if the officers deny using violence and no formal charges are filed against them, your Will County, Illinois police brutality lawyer may be able to prove liability and negligence so that you can obtain the injury compensation owed to you. Verbal abuse, sexual assault, physical violence, psychological violence, and emotional abuse are just some examples of police violence. Not only is Chicago police brutality a violation of your civil rights but it can lead to personal injury and wrongful death. If your injury occurred on someone else's property, you may have grounds for filing a Chicago premises liability lawsuit.

Suit: Arrest killed fetus, Sun-Times, February 10, 2010

Related Web Resources:
Crete-Monee High School

Top 5 Police Brutality Videos