Chicago Injury Attorney Blog

10 years after an infamous hazing incident that occurred at Stevenson High School in Lincolnshire, the hazing victim, Stamatios Shinas, is suing the school, a number of high school football coaches, and four former teammates for Chicago personal injury.

Shinas, now 25, says the emotional pain and psychological trauma from the 1999 hazing incident continue to haunt him and he still sees a therapist because of what happened. He says he has trust issues.

Shinas was a sophomore when he made the football varsity team. He says that team members told him that the hazing was an initiation process that all varsity members had to go through. He says he was sexually abused and hazed three times and that teammates physically abused him, sodomizing him with a broomstick and a banana.

In his Cook County Circuit Court personal injury lawsuit, Shinas is suing the Lincolnshire high school, 1999 varsity coaches Bob Mackey, Craig Sincora, Lee Jonathan, Paul Swan, Mike Warren, Mike Fitzgerald, and Bill Mitz, and former football teammates David Davis, Blake Coley, Tiquion Clay, and Alex Holden. The 25-year-old plaintiff says the coaches knew that hazing was taking place but they did nothing to prevent the incidents.

Following the 1999 hazing incident, all four of his former teammates pleaded guilty to misdemeanor charges in Lake County. While Holden pleaded guilty to four counts of disorderly conduct, Clay pleaded guilty to one count. Clay and Holden were fined $100 and were ordered to write an essay about respecting students and serve community service. Although Cooley and Davis were charged with battery, they ended up pleading guilty to disorderly conduct.

Shinas says he waited until now to file his Chicago hazing lawsuit because his two brothers were at the high school and he wanted to wait until they graduated. Shinas says he wants to make sure that other athletes are not subject to the hazing that happened to him.

“Hazing”
Hazing is the term used to refer to an activity a person must go through to join a group. Hazing occurs more commonly in college environments, but hazing rituals have been known to occur among other groups. The Web Site StopHazing.org reports that certain high school teams have been known “initiate” team members with “brutal” activities. While often intended as “tradition” that is in “in good fun,” hazing has been known to cause serious personal injury and wrongful death.

Former athlete suing high school for hazing, ABC 7 Local, June 29, 2009

Ex-prep football player sues over 1999 hazing, Chicago Sun-Times, June 30, 2009

StopHazing.org

Related Web Resources:
Inside Hazing

Hazing underrecognized as cause of serious injury, says MGH physician, Bio-Medicine

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Posted In: Injuries to Minors , Personal Injury

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In Illinois, two people are dead following two Chicago boating accidents that occurred within one hour of each other on Sunday. A third person was injured.

The first Chicago boating accident occurred on Lake Michigan close to DuSable Harbor when two people fell overboard. According to witnesses, the two people fell off the boat as they tried to get an item that fell into the water. Jennifer Carlson and Dennis O’Leary were able to retrieve one boater. The second boater, however, went under.

The Chicago Fire Department and the US Coast Guard eventually were able to locate 52-year-old Michael Vergauwen. He was pronounced dead at Northwestern Memorial Hospital.

The second boating accident took place on the Little Calumet River at 127th and South Michigan. 62-year-old Ronald Johnson died after a boat capsized and he and the other boater were thrown overboard. The Coast Guard said they stopped looking for the second man in the afternoon. Both men weren’t wearing life vests.

Common kinds of boating accidents:
• Boating collisions
• Falls overboard
• Capsized boats
• Boats that are lost at sea
• Fires on boats
• Sunken boats
• Boat explosions

Common causes of boating accidents:
• Inexperienced boat passengers
• Inexperienced boat operators
• Boating under the influence

Drowning injuries continue to be a common kind of boating injury. Even strong swimmers are susceptible to drowning if they are knocked unconscious or end up in rough or perilous waters.

There may be someone that can be held liable for your Chicago boating accident injuries or your loved one’s death.

Boating accidents in Monroe Harbor, Little Calumet River claim 2; 1 missing, Chicago Tribune, June 29, 2009

2 dead in boating accidents, ABC 7 News, June 29, 2009

Continue reading "Two People Drown in Two Chicago Boating Accidents " »

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Posted In: Boating Accidents

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The mother of a Lake County man who died in a Dunkin’ Donuts bathroom has filed a Chicago, Illinois wrongful death lawsuit against Dunkin Donuts, Dunkin’ Brands, Inc., Rahim N. Merchant, Rahim A. Merchant, and Anupam R. Patel.

According to Halina Zalewski’s complaint, her son Simon Chruszcz went into the bathroom at the Dunkin’ Donuts located at 6336 W. North Avenue. When he did not come out of the bathroom for a certain period of time, another customer became worried and knocked on the door.

When Chruszcz didn’t respond, the customer got down on the ground, peered under the door, and saw Chruszcz on his back. The customer tried to kick the door open but an employee yelled at him.

The customer “implored” the Dunkin’ Donuts workers to call for help but they ignored his plea. He contacted 911 after leaving the restaurant.

Chicago police and fire workers arrived more than two hours after Chruszcz went into the bathroom. He was pronounced dead at the hospital.

Zalewski alleges that the defendants would not go into the restroom or call emergency services even though they knew that one of the customers was immobile on the ground and not responding. She is demanding over $180,000.

If your loved one died on another party’s property and you believe that the premise owners or manager could have or should have done more to prevent the death from happening, you may have grounds for filing a Chicago wrongful death lawsuit against all negligent parties.

Premise owners and supervisors are supposed to make sure that there is no condition or situation on the property that could contribute to a patron, client, customer, or visitor getting hurt or dying. Failure to fulfill this duty of care can be grounds for a Chicago premises liability lawsuit if someone is injured.

Man dies in a Chicago Dunkin' Donuts bathroom, mother sues franchise, Chicago Now, June 22, 2009

Premises Liability Overview, Justia

Related Web Resource:
Dunkin' Donuts

Continue reading "Mother Files Chicago Wrongful Death Lawsuit Against Dunkin’ Donuts" »

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Posted In: Premises Liability , Wrongful Death

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Two major train accidents have recently been profiled in the US headlines. One is an Illinois train derailment accident that left one woman dead and lead to the evacuation of hundreds of homes. The other is the DC train collision involving two trains that injured more than 70 people and killed 9 others. In Cook County, Will County, DuPage County, and Lake County, our Chicago train accident law firm has spent more than a decade and a half helping train accident victims obtain recovery for their personal injuries. We know how to successfully obtain compensation from large train companies, as well as from the government agencies that are sometimes liable for causing or allowing train accidents to happen.

The deadly DC train accident occurred during rush hour on Monday, when one train slammed into another train. Investigators have been sifting through the rubble for clues as to what caused the fatal wreck that officials are calling the worst commuter rail crash in the DC Metro’s history. Track conditions, train maintenance, operator experience, as well as what operator Jeanice McMillan may have been doing when the crash happened, are just a few of the possible causes under consideration. McMillan , who had only been authorized to operate a Metro train for a few months, died in the train collision.

The National Transportation Safety Board says that they told Metro that some of its older train cars in the Metro fleet needed to be replaced because of concerns regarding how well they could hold up during a train crash. The transit authority, however, decided not to follow these recommendations because the cars were going to be phased out in several years and replacing them sooner would have been an added expense. It was one of these older cars that rear-ended a second train.

The Illinois train derailment accident happened on Friday night when 18 cars carrying ethanol went off the tracks about 80 miles northwest of Chicago. A huge fire broke out and hundreds of homes had to be evacuated. A number of people sitting in a car waiting from a train to pass through a crossing tried to flee from the scene. One woman died while three others sustained sustained serious burn injuries from the flaming ethanol. The train was a Canadian National Railway freight train. Canadian National, the Federal Railroad Administration, and the National Transportation Safety Board are all investigating the case of the deadly train crash.

Ill. train derailment explosion kills woman running for safety, hundreds evacuated, Chicago Tribune, June 20, 2009

Officials Seek Clues in Train Crash, NY Times, June 23, 2009

Related Web Resources:
Federal Railroad Administration

National Transportation Safety Board

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Posted In: Train Accidents

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In Illinois, the family of Marcellus Perry has filed a police brutality lawsuit against the Chicago police for his wrongful death. Perry was shot in the head by a police officer on June 11 during a foot chase.

Perry was riding in a car when two Chicago cops stopped the driver, Perry’s friend, for a traffic violation. Some witness accounts report that the cops drew their weapons fairly quickly and that is when Perry ran from the scene.

Police claim that the shooting was an accident and that Perry struck one of the cops, causing the police offer’s weapon to accidentally go off and strike the 22-year-old. Perry’s family is disputing the Chicago police’s account of what happened. There are witnesses that say that one of the Chicago police officers reportedly shot Perry while he had his back to the cop.

The Chicago police brutality lawyer representing Perry’s family says that Perry did not have any drugs or weapons on him at the time of the shooting.

Perry, who has two drug possession convictions on his criminal record, had just served half of a 3-year prison sentence at the Cook County Jail. He was on probation at the time of the police shooting. Perry’s mother, Desiree Barnes, says that her son was scared of police.

Police Brutality
Chicago police officers must never use excessive violence when questioning or apprehending a suspect. They also must never inflict unnecessary harm on someone by using excessive force—especially when that person does not pose a threat to them.

Over the years, there have been too many incidents of people getting hurt or abused because certain Chicago police officers used unnecessary measures when questioning a suspect, trying to make an arrest, or when persons have been in police custody. Just last month—in an unrelated case—the Chicago Explainer reported that the city had already approved $19.8 million in settlements for claims filed by just 4 out of the over 100 men who say they were tortured while in police custody during the 1980’s.

Family of man fatally shot by Chicago cop files lawsuit, Chicago Tribune, June 18, 2009

Family of slain man suing CPD, ABCLogal.go.com, June 18, 2009

How much has the city of Chicago paid out to victims of police torture?, Chicago Explainer, May 19, 2009

Related Web Resources:
Chicago Police

30 Cases of Extreme Police Brutality and Blatant Misconduct, Brainz.org

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Posted In: Police Brutality/Civil Rights Violations , Wrongful Death

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According to a report released by DogsBite.org, there were 373 incidents in the US last year involving citizens and police shooting a pit bull in order to stop or prevent a dog attack. 23 of these shooting incidents occurred in Illinois, with 7 of them taking place in Chicago.

Nationally, 319 pit bulls died from the 626 bullets that were fired. 148 people sustained dog bite injuries. 3 of the dog bite injuries were serious enough to require amputations. 6 of the dog bite victims died.

In Lake County, Will County, DuPage County, and Cook County, our Chicago dog bite lawyers are committed to making sure that our clients that are injured in Illinois dog attacks receive the compensation that they are owed. Even if this is the first time a dog has attacked someone, an Illinois dog owner can still be held liable.

Why dogs might attack a person:
• To “protect” itself
• To "protect" its territory or the dog owner’s home
• The animal is in pain
• As an act of self-defense
• To assert dominance
• To retaliate against abusive behavior

According to the American Veterinary Medical Association, factors that are linked to dog bites include:
• Poor socialization
• The dog breed and the characteristics of the dog’s parents
• The victim’s behavior toward the dog prior to the attack
• Lack of training
• The dog’s health

Unfortunately, a Chicago dog mauling incident can result in catastrophic injuries for the victim. These injuries may require multiple surgeries and the victim may suffer from emotional trauma for life. An experienced Chicago dog bite law firm can help you explore your legal options.

Dogsbite.org releases report: US police and citizens shootings of pit bulls 2008, PR-USA.net

Read the Report, Dogsbite.Org, June 1, 2009 (PDF)

Related Web Resources:
Dog Bite Prevention, CDC

Top Ten (10) Most Dangerous Dog Breeds, PetsDo.com

DogsBite.org

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Posted In: Dog Bite/Animal Attacks

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An Illinois mother is suing a woman for her son’s bicycle accident injuries. Becky Eaves is seeking a judgment of over $50,000 plus costs from Tina Marie Slemer.

In her Illinois injuries to minors lawsuit, Eaves says that her son, Samuel D. Eaves, sustained injuries to his cervical and lumbar area and lower extremities when he was hit by a car driven by Slemer on May 17, 2007 while he was in a crosswalk in Collinsville. As a result of the Illinois bicycle accident, Eaves says that her son was made sore, sick, lame, disabled, and disordered, which has caused him pain and suffering.

Eaves is accusing Slemer of negligent driving, failing to keep a proper look out, neglecting to properly apply her brakes, failing to yield the right-of-way, driving too fast, and neglecting to exercise due care toward pedestrians.

Child Bicycle Accident Facts
According to findings issued in 2007 by the researchers from the Center for Injury Research and Policy at Nationwide Children’s Hospital:

• Over half of the 85 million US bicycle riders are under age 20.
• More kids end up in hospital emergencies for injuries that they sustained while riding bicycles than for any other recreational sport.
• Motor vehicles are a factor in about 30% of bicycle-related injuries resulting in hospital visits.
• Bicycle injuries sustained by adolescents and children generate about $200 million in hospital inpatient visits.
• 1/3rd of kids that are admitted to hospitals for bicycle injuries sustained traumatic brain injuries.
• Use of a bicycle helmet can decrease the chances of a TBI by up to 85%.

Boy hit on bike in Collinsville claims injuries in suit, The Record, June 9, 2009

Pediatric Bicycle-related Injuries Result in Nearly $200 Million in Hospital Charges Annually, Newswise.com, October 15, 2007

Related Web Resources:
Bicycle Safety, Illinois State Police

Illinois Bicycle Safety Tips and Laws

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Posted In: Bicycle Accidents

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Chicago Police Officer William Cozzi has been sentenced to 40 months in prison for the 2005 beating of a man that he had shackled to a wheelchair. The assault was caught on videotape.

In January, Cozzi pleaded guilty to the federal charge of excessive use of force against Randy Miles, a 60-year-old Norwegian American Hospital patient. Cozzi used a sap to strike Miles numerous times in front of hospital workers, security guards, and members of the public. The video also shows the Chicago police officer chaining Miles’s leg to a wheelchair.

Miles, who went to the hospital because of a stab wound, was reportedly verbally abusive to officers and uncooperative with hospital workers. He may have been intoxicated. Miles was charged with resisting arrest even though the video doesn’t show him resisting.

A state court initially ordered Cozzi to serve probation after he pleaded guilty to a misdemeanor charge over the Chicago police brutality incident. He was suspended from the police force for two years. However, Chicago Police Superintendent Jody Weiss decided to involve federal authorities and they went on to indict him. Cozzi is scheduled to begin serving his prison sentence in August. The 40 month sentence is less than the 6 – 8 years that the federal government recommends.

Last year, the city of Chicago settled a police brutality lawsuit filed by Miles over the incident.

Chicago Police Brutality
Excessive use of force by police is unjustified. Police brutality can lead to serious personal injuries, including the violation of the victim’s civil rights. While this Chicago police brutality case is one that the authorities did not ignore and Cozzi was held accountable in criminal court, many reports of police violence are ignored or disregarded.

Cop gets 40 months in videotaped beating, Chicago Breaking News, June 11, 2009

Former Chicago cop William Cozzi sentenced to 40 months, Sun-Times, June 11, 2009

Related Web Resources:
Police Torture in Chicago, Chicago Reader

Police Brutality Cases Have Cost Chicago $20 Million, The Huffington Post, June 11, 2009

Continue reading "Chicago Police Brutality: Cop Gets 40 Months in Prison for Beating Man He had Shackled to Wheelchair" »

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Posted In: Police Brutality/Civil Rights Violations

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The Chicago Tribune recently published an article about a toddler who, after undergoing a double-lung transplant, died in 2008 from complications. There is evidence, however, to indicate that young Natalie Fullerton didn’t have to die.

It turns out that after the surgery her father had used fluid-filled syringes to clean a tube that had been implanted in her chest so that her medication could be administered intravenously. What Natalie’s father Leslie didn’t know at the time was that the syringes came from a contaminated batch that were made in a factory belonging to a Lake Zurich businessman. This same batch has been linked to 162 illnesses and 4 fatalities in the US. 22 cases occurred in Illinois.

The Chicago Tribune reports that a look at a number of documents, including inspection reports, indicate that the US Food and Drug Administration missed several opportunities to stop patients from using the contaminated syringes.

Three months before the syringes were shipped out, an FDA inspector visited the North Carolina plant where the syringes were manufactured. There had been reports of brown, red, and black particles in the syringes and the inspector said that managers had come up with a way to deal with the rest. She failed, however, to note that the plant’s sterilization method was unreliable.

The following week, a distributor recalled 1.3 million of the syringes. Yet the FDA failed to conduct a more in-depth probe because it was understaffed and did not consider the syringes to pose a reasonable threat of serious injury or death. The FDA finally conducted a more thorough investigation later in the year after receive reports of injuries.

The Fullertons and a number of other Illinois families have filed their Illinois wrongful death and products liability lawsuits against the AM2PAT plant in Cook County Circuit Court. One of the other plaintiffs is Jim Tallian from Palatine. He says that contaminated syringes caused him to become seriously ill twice while he was recovering from a serious illness. He had used the AM2PAT syringes to flush a catheter that had been placed in his chest.

Dirty syringes: FDA failed to shut down troubled plant, and family paid price, Chicago Tribune, June 7, 2009

Timeline: How Contaminated Syringes Got From Factory to Patients, Propublica.org

Related Web Resources:
Food and Drug Administration

Obama Memo on Products Liability Preemption, May 20, 2009

Continue reading "Cook County Products Liability: Family Blames Tainted Syringes for Daughter’s Death" »

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Posted In: Products Liability

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Good news for products liability plaintiffs. In a memo issued on May 20, President Barack Obama told federal agencies to stop issuing rules that protect companies from products liability lawsuits in state courts. While he did not point to specific industries, this mandate could impact the outcome of many products liability lawsuits involving numerous consumer goods, including pharmaceuticals, car safety equipment, and food sweeteners.

Obama’s memo reverses the Bush Administration’s approach of guiding federal agencies toward putting forth rules that establish a federal standard that pre-empts state laws. Obama says federal law should only pre-empt state law if a well-defined legal basis exists.

Bush administration officials at a number of agencies, including the Department of Transportation and the Food and Drug Administration had added language to over 50 regulations that barred states from filing products liability lawsuits against certain product manufacturers. One example was the FDA’s revised drug-label ruling in 2006 that tried to bar the majority of state complaints pursuing damages for dangerous or defective drugs. This year, however, the Supreme Court found that federal exemption cannot protect drug makers from products liability lawsuits. In Wyeth v. Levine, the Court ruled in favor of the plaintiff and her right to receive compensation for her catastrophic injuries.

Obama wants agencies to go back over the last 10 years to find any instances when the government enacted federal pre-emption in an improper manner. Government officials say revising regulations with improper preemption clauses could take months.

While many plaintiffs’ lawyers are applauding Obama’s memo—the American Association for Justice says the order will let injured consumers hold negligent parties accountable—business groups have not been as enthusiastic.

Illinois Products Liability Lawsuits
Our Chicago, Illinois products liability lawyers are committed to protecting consumers from dangerous or defective products. We know how devastating it can be for you or a loved one to get hurt because a manufacturer, wholesaler, or retailer was negligent.

Obama Limits Preemption, C & EN, June 1, 2009

Shift Toward State Rules on Product Liability, The Wall Street Journal, May 21, 2009

Related Web Resources:
President Obama's Memo (PDF)

Wyeth V. Levine, Supreme Court (PDF)

Continue reading "Chicago Products Liability: President Obama Says Federal Laws Shouldn’t Preempt State Laws When Determining Civil Cases" »

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Posted In: Products Liability

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Every year, about 300 kids under age 5 drown in pools and spas, while nearly 3,000 others sustain injuries that require emergency room care. Many victims that survive drowning accidents end up sustaining permanent injuries, such as traumatic brain injuries.

The Consumer Product Safety Commission recently issued these latest drowning statistics just in time for the swimming season. The CPSC wants to remind pool owners and supervisors to exercise the necessary precautions to prevent drowning accidents from happening.

80% of child drowning fatalities occur in residential settings. And a premise owner can be held liable for personal injuries if he or she failed to implement the proper safety measures that could have prevented a drowning accident from happening, such as (from the CPSC):

• Making sure that there is adult supervision any time there are children in the pool or spa.
• Installing a four-sided barrier with self-closing gates around the spa or pool.
• Installing safety covers or alarms.
• Knowing basic water rescue techniques.
• Keeping first aid and rescue equipment close by.

One common cause of drowning accidents is drain entrapment, which has been known to occur in residential pools and spas, as well as in public pools and spas. While older drains were designed in such a way that a person’s hair or clothing or another body part could easily get suctioned into the pool or spa drain (causing a potentially fatal drowning accident if the victim got pulled underwater and was unable surface), there are now new drain covers designed so that such incidents cannot happen.

The Virginia Graeme Baker Pool and Spa Safety Act went into effect last December and requires all public pools and spas to be fitted with these newly designed drain covers. The CPSC says that in-ground spas with the older drains and children’s wading pools pose the greatest risk of evisceration and entrapment. Since 1999, 69 people have been injured and 11 others killed due to drain suction.

If your child was injured by a defective pool drain or drowned because the pool owner failed to implement the proper safety measures at a pool or spa, you may have grounds for filing a Chicago personal injury lawsuit claiming products liability, injuries to minors, or wrongful death.

CPSC Announces New Report on Child Drownings and Near-drownings in Pools and Spas, CPSC, May 21, 2009

Related Web Resources:
Swimming Pool and Spa Safety Starts with You!, PoolSafety.gov

Pool Season Begins in Illinois – Enjoy the Water, But Be Safe, eNews Park Forest, May 18, 2009

Pool Safety Report, CPSC, May 2009

Continue reading "Chicago Premises Liability During Swimming Season: CPSC Offers Advice on Preventing Pool and Spa Drownings" »

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Posted In: Injuries to Minors , Personal Injury , Premises Liability , Traumatic Brain Injuries , Wrongful Death

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The wife of a man whose leg had to be amputated because a fracture wasn’t treated for over two months has filed an Illinois medical malpractice lawsuit against Mobilex USA, Covenant Care, and two doctors. Myrna Ambuehl is the attorney-in-fact for her husband Roland Ambuehl.

According to her Illinois medical malpractice lawsuit, Roland fell from his bed and sustained a femoral fracture to his left leg on June 3, 2007. He reportedly told workers at Highland Health Care Center that he was experiencing pain in his left knee and leg following the fall accident. Highland retained Mobilex USA to conduct x-rays of Roland’s knee and pelvis.

Mobilex USA doctors Elliot Wagner and Donald Lanese examined the X-rays and said that there were no fractures. After their diagnoses, Roland still felt pain in his left knee, which started to swell. Myrna’s medical malpractice lawsuit contends that despite his symptoms, workers at the center still made him undergo physical therapy and take part in other physical activities, including exercise.

Highland asked Mobilex to take more images of Roland’s leg on June 21, 2007. Lanese examined the images and didn’t see a fracture. Roland continued with the care and rehabilitation plan the center had designed for him despite the pain and swelling. In August, Myrna asked for an orthopedic surgeon to look at her husband’s knee. Instead, Highland asked Mobilex to take more X-rays. Lanese again looked at the images and didn’t see a fracture.

It was at this time that Dr. Scott Halvorson, who is Roland’s treating physician, examined him and determined that the patient’s left femur was fractured. The condition of his leg was so bad because it had gone untreated for so long that Roland had to have his knee amputated in August 2007. Myrna’s Illinois medical malpractice lawsuit seeks a judgment of over $250,000 plus other costs and relief.

Delayed Diagnosis
Delayed diagnosis or wrong diagnosis can be detrimental to a patient’s condition and can lead to medical procedures and treatments that could otherwise have been avoided if a physician had made the correct diagnosis sooner. Delayed/wrong diagnosis is a breach of the medical provider’s care responsibilities to a patient.

Fractured leg untreated for three months had to be amputated, suit claims, The Record, June 3, 2009

Related Web Resources:
Delayed Diagnosis, WrongDiagnosis.com

Mobilex USA

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Posted In: Medical Malpractice

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