Chicago Injury Attorney Blog

In Madison County Circuit Court, Illinois resident Mark McDonald is suing 92 corporations for his father’s wrongful death. Mark's father, Robert, worked for nearly 50 years as an auto body repairman, mechanic, and boiler worker at various places throughout the state, including Shell Oil Company.

Last September, Robert was diagnosed with lung cancer, which he died from in March. Mark says that his father got cancer because he was exposed to, ingested, and inhaled asbestos fibers while working and that the defendants should have anticipated that the exposure to the toxic substance would end up killing his father.

Mark says that in addition to suffering from the disease and experiencing physical and mental pain, his father spent a great deal of money on medical costs and other services to treat his illness. Because Robert was unable to work, he lost a substantial amount of income. Not only did Robert's family lose his financial support and companionship, but they spent a great deal of money to pay for funeral and burial expenses.

Mark is seeking compensatory and punitive damages. He is accusing Metropolitan Life Insurance Company of working with the defendants to misrepresent the dangers that come with exposure to asbestos.

If you or someone you love was injured on the job in Illinois, you are entitled to workers’ compensation benefits. You also may be entitled to file personal injury and wrongful death lawsuits against other negligent parties that may have been responsible for the work-related injury or disease.

Mesothelioma
This type of cancer can occur due to exposure to asbestos, with lung cancer being a leading cause of asbestos-related deaths. Asbestos are toxic fibrous minerals that have been used to make houses, schools, buildings, certain car parts, and many other products. In the event that a person ingests or inhales the fibers, asbestos can cause serious personal injury or wrongful death.

Illinois man sues 92 companies for father's lung cancer death, The Record, August 27, 2008

Related Web Resources:

Mesothelioma: Questions and Answers, National Cancer Institute

What is Asbestos, Osha.org

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Posted In: Workers' Compensation , Wrongful Death

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In Chicago, a 32-year-old man is in intensive care and paralyzed from the neck down after getting hit by what he says was falling masonry. Rogelio Rodriguez says he pushed a woman out of the way so that a slab of falling concrete wouldn’t strike her. He was hit instead.

Rodriguez’s wife, Amelia, says the accident occurred on August 15 close to Cermak and Damen. Meantime, Chicago police confirm that an accident occurred close to Damen and 22nd next to a building under construction but did not issue specific details. Amelia says Rodriguez, the family’s main source of support, is in a great deal of pain and will have to undergo surgery.

If you were injured because you believe that another party was reckless or careless, you may be entitled to receive personal injury compensation for your injuries, medical and recovery costs, and other damages. Some personal injuries can be catastrophic, and the expenses incurred from treating and living with such a serious injury can be too much for one’s medical insurance to cover.

Construction Accidents
While construction workers are the ones most prone to serious injury in most construction accidents, there are accidents that occur when innocent bystanders or others that happen to be at or around the site are the ones that get hurt.

Some examples of constructions accidents:

• Falling debris
• Fall accidents
• Defective machinery
• Crane collapses
• Scaffolding accidents
• Site explosions

Hero paralyzed saving woman, Chicago Sun-Times, August 27, 2008

Man paralyzed by falling debris, ABClocal.go.com, August 25, 2008

Related Web Resources:

Spinal Cord Injuries, MedlinePlus.com

Construction Safety, National Institute for Occupational Safety and Health, CDC.gov

Continue reading "Chicago Man Says He Was Paralyzed After Being Struck by Falling Masonry" »

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Posted In: Construction Accidents , Personal Injury , Spinal Cord Injuries

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The federal government wants a judge to toss out a wrongful death lawsuit filed by a woman who alleges that her husband died as a result of medical malpractice at the Marion VA Hospital in Illinois. The reason the government is citing for its request, filed in East St. Louis, Illinois last month, is that the widow, Katrina Shank, failed to file the necessary affidavit from an expert stating that Shank had reasonable cause to file the lawsuit.

Shank’s lawyer says that although the affidavit is necessary for medical malpractice cases filed in Illinois court, it is not necessary for cases filed in federal court. Her lawsuit accuses the hospital of negligence, which she says resulted in her husband Bob bleeding to death after undergoing gallbladder surgery at the VA hospital last year. She is seeking $12 million in wrongful death compensation.

Following the minimally invasive procedure, doctors were unable to wake Bob up. Bob’s surgeon, Dr. Jose Veizaga-Mendez, suggested that he might have had a stroke, a heart attack, or liver damage. Bob was given several blood transfusions, which Shank says eventually prevented his blood from clotting. He underwent another surgery to determine where the blood was going. Bob passed away the next day.

Shank says the doctor let her husband bleed to death and that someone that worked at the hospital suggested she contact a medical malpractice lawyer. The US Government is named as the only defendant in the lawsuit.

Dr. Jose Veizaga-Mendez is under investigation for at least nine deaths that occurred to patients under his care while he worked at the VA hospital in Marion. A Veterans Affairs Administrative Investigation Board investigation found that the Marion VA hospital’s management staff failed to take action when doubts arose about Veizaga-Mendez’s credentials.

Report says Marion VA leadership dismissed concerns, Marion Daily Republican, August 15, 2008

Government Wants VA Suit Thrown Out Malpractice Alleged in Deaths at Ill. Clinic, Redorbit.com, July 24, 2008

VA Probes Doctor's Role in Patient Deaths, NPR.org, November 5, 2007

Related Web Resources:

A Health Care System, Marion.va.gov

Military Medical Malpractice Overview, Justia

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Posted In: Medical Malpractice , Wrongful Death

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In Chicago last Tuesday, 55-year-old pedestrian Johnny Bell was pronounced dead at the accident scene and two others were injured when a man allegedly lost control of his vehicle on Chicago’s West side, striking the pedestrian, another vehicle, and a bicyclist. The bicyclist was admitted to Mt. Sinai hospital with reportedly serious injuries. The third accident victim was admitted to West Suburban Medical Center in Oak Park.

The traffic accident occurred in the Garfield Park area at Pulaski Road and Madison Street. The driver of the vehicle, 37-year-old Danny Carter, was charged with two counts of aggravated driving under the influence, one count of reckless homicide, disobeying a red light, DUI, driving without insurance, driving left of center, and not giving a pedestrian proper care.

According to the National Highway Traffic Safety Administration, there were 4,654 pedestrian deaths in the US in 2007. The Web site CyberDriveIllinois.com reports that there were 164 pedestrian deaths in Illinois in 2005.

Steps that motorists can take to prevent Illinois pedestrian accidents:

• Obey traffic lights and traffic signs.
• Pay close attention when driving near schools or approaching crosswalks.
• Don’t speed.
• Don’t drive drunk.
• Make sure that all maintenance on your car is up-to-date.
• Don’t talk on the phone or text message while driving.

Driver Charged in Deadly Pedestrian Accident, WBBM780.com, August 13, 2008

Man charged in crash that killed pedestrian, injured 2 people, ChicagoTribune.com, August 12, 2008

Pedestrian Statistics, CyberDriveIllinois.com

Related Web Resources:

Illinois Department of Transportation

The 2007 Annual Assessment of Motor Vehicle Traffic Crash Fatalities and People Injured, Traffic Safety Facts, NHTSA (PDF)

Continue reading "Chicago Traffic Accident in Garfield Park Area Leaves One Pedestrian Dead and Two Others Injured" »

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Posted In: Pedestrian Accidents

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According to the Illinois Department of Transportation, cell phone use while driving was a main cause of at least 1,357 motor vehicle accidents in the state in 2007 resulting in 351 injuries and eight deaths. Other behaviors exhibited by distracted drivers that can result in injury accidents include:

• Putting on make-up
• Knotting a necktie
• Reading a book

Now, Illinois officials and safety advocates are targeting drivers that neglect to focus when they are on the road. A new proposed offense of negligent vehicular homicide could lead to a $25,000 maximum fine, up to three years in prison, and a one-year driver’s license revocation if someone were convicted. Another proposal seeks to make text-messaging while driving Illegal in Illinois not just for drivers 18 years of age and under but also for adults.

Other new offenses proposed include:

• Negligent vehicular operation
• Aggravated negligent vehicular operation

Illinois Department of Transportation Traffic Safety Division Director Michael Stout says that stiffer penalties are necessary for when a seemingly inconsequential act by a distracted driver leads to serious injuries or deaths.

About 10% of all Illinois drivers use cell phones at any given moment while on the road. The National Highway Traffic Safety Administration says reaching for an item while driving increases chances of a motor vehicle crash by nine times and that driver distraction is a main cause of 80% of motor vehicle accidents.

State officials, safety groups want to increase penalties for distracted driving, Chicago Tribune.com, August 7, 2008

Driving while distracted, Chicago Tribune.com, August 12, 2008

Related Web Resources

2008 Rules of the Road, CyberDriveIllinois.com
Proposed Illinois Bill Would Ban Street-Crossers from Text-Messaging, ABA Journal, July 28, 2008

Continue reading "Illinois Department of Transportation Says Cell Phone Use While Driving Caused 1,357 Auto Accidents in 2007" »

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Posted In: Automobile Accidents

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The Roman Catholic Archdiocese of Chicago has reached a $12.7 Million settlement agreement with 16 victims of clergy sex abuse. Cardinal Francis George says he hopes the settlement would provide closure to the victims. During a news conference on Tuesday, he apologized to the victims and their families for their injuries and suffering.

The victims were abused by 11 former Catholic priests, including Daniel McCormack, Norbert Maday, Joseph Bennett, Robert Mayer, Robert Craig, James Hagan, Thomas Kelly, Robert Becker, Joseph Owens, James Steel, and Kenneth Ruge. With these latest settlements, the archdiocese will have settled 250 abuse claims over the past three decades.

Child Sex Abuse
Victims of child sex abuse are entitled to personal injury compensation from their perpetrators. Many times, children are too scared or ashamed to tell anyone that they’ve been the victims of sexual abuse—they may even repress the memories for years.

Since the early 1990’s, there have been many clergy sex abuse lawsuits filed against the Roman Catholic Church and many of its priests and other clergy members by the families of victims that were sexually abused as children. Some victims were sexually abused many times over a period of years.

In certain cases, there is evidence indicating that the Catholic Church knew that some of its priests were abusing children. Rather than reporting the priest to authorities, he or she would be relocated to another church and more abuse incidents would occur.

Sexual abuse can lead to serious personal injuries, including physical injuries and emotional injuries. A person that has been sexually abused may experience post-traumatic stress disorder or depression, turn to alcohol or drugs, commit suicide, or exhibit other symptoms as a result of the trauma of abuse.

Chicago archdiocese settles priest sex-abuse cases for $12.7 million, ChicagoTribune.com, August 12, 2008

Archdiocese announces settlement with sex abuse victims, Lake County News-Sun, August 12, 2008

Related Web Resources:

Archdiocese of Chicago

Abuse in the Catholic Church

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Film director Peter Berg is being sued for wrongful death. The director of “Hancock” and the “The Kingdom” was riding in a sport utility vehicle in Mesa, Arizona in August 2006, when the SUV crashed into another vehicle. Assistant prop master Nick Papac, who was working on the film “The Kingdom” at the time of the crash, was killed in the accident.

The lawsuit was filed on behalf of Papac’s parents, Michele Bell and Mike Papac. Also named as defendants in the wrongful death lawsuit are the driver of the SUV and a production company. Papac’s parents are asking for an unspecified amount of damages, including lost wages, medical costs, and funeral expenses.

Third Party Lawsuits
While you cannot sue a decedent’s employer for wrongful death if he or she was killed in a work-related accident, there may be third parties that can be held liable for the wrongful death accident. If your loved one was killed in a work-related accident in Illinois, an experienced Chicago wrongful death lawyer can investigate the circumstances surrounding the accident to determine if anyone other than the employer caused the injury accident.

Workers’ Compensation
If your loved one died in a work-related accident in Illinois, you may be entitled to death benefits from the employer’s insurance company. Death benefits are usually paid to the decedent’s spouse and children. An Illinois workers’ compensation claim is not a personal injury lawsuit. A good Chicago workers’ compensation lawyer can make sure that you receive your benefits in a timely manner, especially if your employer’s insurer is denying or delaying your claim.

Availing of your recovery from third parties, in addition to collecting death benefits from your loved one’s employer can help you receive the financial resources that you need in the wake of your family member’s unexpected death—especially if he or she was a main source of financial support. It is also a way to hold the responsible parties liable for the wrongful death.

Hancock' director sued over death, CNN.com, August 8, 2008

Related Web Resources:

Illinois Workers' Compensation Commission

Illinois Wrongful Death Act, Illinois General Assembly

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In Illinois, 49-year-old Joseph Ketza died on Monday in a motorcycle accident that occurred close to Willow Springs. The Arlington Heights motorcyclist became involved in a traffic accident with a van that made a U-turn in front of him.

Ketza, a father of four, struck the van with his motorcycle, lost control of it, and skidded along the pavement. He was pronounced dead less than two hours later at Advocate Christ Hospital in Oak Lawn.

The driver of the van was Chicago resident Joseph Delgado. Delgado has been charged with one count of an improper U-turn and one count of failure to yield.

Motorcycle Accidents
The National Highway Traffic Safety Administration says that 4,810 people died in motorcycle accidents in 2006. While motorcycle accidents can occur because the motorcyclist was negligent, they also frequently occur because another party, such as a trucker, a car driver, or a bus driver was negligent.

Motorcyclists involved in serious auto crashes are prone to catastrophic injuries, including spinal cord injuries, severed limbs, serious burn injuries, traumatic brain injuries, and death. Motorcyclists don’t have anything except for their helmets and protective gear to protect them from the impact of being thrown into a car, crashing into a wall, or skidding across the highway at high speeds.

According to the “Hurt Report”:

• 75% of motorcycle accidents involve another motor vehicle.
• 2% of motorcycle accidents are caused by roadway defects.
• In 2/3rds of multiple vehicle crashes involving motorcycles, drivers of other vehicles caused the collisions and violated a motorcyclist’s right of way.

Arlington Heights man killed in motorcycle crash, Daily Herald.com, August 4, 2008

"The Hurt Report" Summary

Related Web Resources:

Illinois State Motorcycle Laws

Motorcycle Safety Foundation

Continue reading "Arlington Heights Motorcyclist Dies in Traffic Accident " »

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Posted In: Motorcycle Accidents

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The mother of a 10-year-old girl who sustained a serious brain injury during her birthing delivery has reached a $9.7 million settlement with Northwestern Memorial Hospital. Rosa Lopez says she will use the money from the birthing malpractice lawsuit to provide her daughter Madeline Maturino with more therapy, as well as find ways to help her cope with her brain injury.

Madeline was born at Northwestern Memorial on July 17, 1998, a date that was past her due date. Hospital doctors induced Lopez’s labor using the drug Pitocin. Lopez’s personal injury lawyer, however, contends that the drug was administered aggressively, which resulted in contractions that came too closely after one another and caused stress to baby Madeline.

Madeline’s brain tissue became damaged after it was deprived of oxygen, and she sustained hypoxic ischemic encephalopathy. Madeline’s injury has left her with limited speech abilities and she is prone to angry outbursts. Lopez says her daughter has to fight to communicate daily.

Birthing Malpractice
Medical errors during childbirth can cause a baby to suffer catastrophic injuries, such as Cerebral palsy, Brachial palsy, facial paralysis, broken bones, bruising, and shoulder dystocia.

Common kinds of medical malpractice errors that can lead to birthing injuries:

• Wrong diagnosis
• Waiting too long to induce labor
• Neglecting to perform a c-section when required
• Incorrect forceps use

Botched delivery results in $9.75M settlement, Southtownstar.com, July 9, 2008

Birth Injuries, Health System Virginia.edu

Related Web Resources:

Pitocin FAQ, Childbirth.org

hypoxic ischemic encephalopathy, Medicine.net

Continue reading "Illinois Mother Settles Birthing Malpractice Case for $9.7 Million" »

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Posted In: Medical Malpractice

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