Chicago Injury Attorney Blog

The state of Illinois is ordering the Minee Subee daycare center in Lincolnshire to shut down after one of its workers was charged with the first-degree murder of a 16-month-old child who was being taken care of at the facility.

The daycare employee, Melissa M Calusinski, is accused of allegedly throwing Benjamin Kingan onto the floor on January 14 because she was frustrated that the children were making so much noise. The toddler sustained traumatic brain injuries, a skull fracture, and massive bleeding. Benjamin died from his injuries.

Kalunski was a teacher’s aid at the Chicago daycare center. She reportedly told investigators that she “forcefully threw” Benjamin to the ground after she lost her temper. Following the alleged assault, the toddler grabbed a blanket, climbed into a chair, and passed out. It was then that Kalunski contacted police and asked other workers for help.

Premises Liability
Chicago daycare centers and other facilities charged with the care or supervision of children are supposed to make sure there are no hazardous conditions or dangerous persons on a premise that could cause a child under their care any harm. When failure to properly supervise employees, remove or repair dangerous conditions, or provide proper security on the premise leads to injuries or death, the premise owner and others involved could be held liable with a Chicago personal injury or wrongful death lawsuit.

In an unrelated incident, The Chicago Sun-Times is reporting that a 30-year-old mother broke the window of a local daycare center when she saw that her son was alone and locked inside the facility. Police are looking into this matter.

Daycare where baby died shut down, Chicago Sun Times, January 30, 2009

Mom Finds Child Locked Inside Daycare Alone, Chicago-Sun Times, January 28, 2009

Grieving Mom Speaks at Toddler's Funeral, NBC Chicago, January 22, 2009

Toddler's 'injuries weren't apparent', Lake County News Sun, January 19, 2009

Continue reading "Illinois Orders Chicago Daycare Center Shut Down After Worker is Charged in 16-Month-Old’s Death" »

The family of Tabitha Carroll, a 32-year-old East Dubuque woman who died last October 31 after the family’s truck was pinned by a semi-tractor trailer against an Illinois Department of Transportation vehicle has filed their wrongful death lawsuit. The family’s Illinois personal injury lawyer also filed two personal injury claims related to the motor vehicle crash.

Carroll died from the injuries she sustained in the large truck accident. Her husband Randy and their 3-year-old son Gabriel suffered serious injuries. The tragic accident took place in Kane County.

According to the Illinois wrongful death lawsuit, truck driver Jeffrey Repec acted recklessly and negligently when he got behind the wheel of the truck while under the influence of marijuana. The 30-year-old trucker’s employer, Geils Farms, is also a defendant in the case. According to accident investigators, five of the 10 brakes on the truck were not adequate.

There are many reasons why truck accidents happen. While truck driver negligence or error is a common reason, there are steps that truckers can take to prevent injury accidents. Suggestions provided by Road Safe America include:

• Paying attention to the vehicles on the road
• Modify your driving according to current road conditions
• Make sure you are well rested before you get behind the wheel of a truck
• Decrease your speed when you are driving through or by work zones
• Keep a safe distance between you and other vehicles
• Make sure your vehicle is properly maintained
• Practice defensive driving

Wrongful death suit filed by East Dubuque family, THOnline.com, January 27, 2009

Road Safe America

Related Web Resources:
National Highway Traffic Safety Administration

Federal Highway Administration

A new study sponsored by the National Institute of Child Health and Human Development shows that scheduling a Caesarean birth for convenience, rather than necessity, can increase the chances the baby will be born with what could be serious birth complications. The report comes as health officials express alarm at how the number of Caesarean births taking place in the US is at a record high.

Over 1/3rd of babies in the US are now born via C-section. Why this increase has occurred is unclear. One reason may be that more women are having babies at a later age, which can increase the chances of birth complications. While the American College of Obstetricians suggests that mothers do not undergo elective repeat C-sections sooner than her 39th week of pregnancy, elective C-sections do take place earlier in a woman's pregnancy.

There are many valid medical reasons to deliver a baby by Caesarean. However, once a woman has delivered her baby surgically, rather than vaginally, she is more likely to undergo the same procedure in the future. Reasons why a woman might elect to deliver by Caesarean include, excitement to see the baby as soon as possible, fitting into a preferred obstetrician’s schedule, and convenience.

Data for the study came from the National Institute of Child Health and Human Development. Among the findings:

• 24,077 women had a repeat C-section between 1999 and 2002.
• 13,258 of these Caesarean births were elective. This means there was no medical reason for why the mother couldn’t deliver her baby vaginally.
• 36% of the deliveries took place earlier than 39 weeks.
• Over 15% of the babies who were delivered at 37 weeks experienced complications, including low blood sugar, breathing problems, respiratory distress, and medical conditions requiring intensive care.

More about the study can be found in the New England Journal of Medicine.

Early Repeat C-Sections Increase Risks, Study Finds, Washington Post, January 8, 2009

Caesarean problems increase, News-Leader.com, January 26, 2009

Related Web Resources:
National Institute of Child Health and Human Development

New England Journal of Medicine

CaesareanBirth.com

Birthing Errors
If you believe your son or daughter sustained a birth complication because you received the wrong medical advice or because mistakes were made during delivery, you may be entitled to birthing malpractice compensation.

Continue reading "Risk of Birth Complications May Increase with Early Repeat Caesarean Deliveries" »

In Cook County Circuit Court, Deborah Green filed her Illinois wrongful death lawsuit over the death of her son Darjon Taylor. The 22-month-old boy died in January 2008 after he became trapped in a fire at Porter’s Playhouse, a day care center in Chicago.

In her lawsuit, Green accuses day care owner and operator Thomasine Porter of not providing and properly maintaining working smoke detectors. The complaint also says that the city of Chicago neglected to cite Porter or shut down her facility.

Just two months before the fire started in Porter’s basement, which also serves as the day care center, Porter was cited for not having working smoke detectors. A smoke detector, however, did sound on January 16, 2008 when the fire broke out. Porter tried to douse the flames with a fire extinguisher. When her attempts proved futile, she began pulling the children out of the burning house.

The day care operator was able to rescue five of the kids under her charge. However, the flames became too large for her to reach Darjon, who was eventually rescued by firefighters. The found him hiding in a closet. Darjon, who experienced smoke inhalation, was later pronounced dead.

Smoke Inhalation
According to Emedicinehealth.com, the number one cause of fire-related deaths is smoke inhalation, resulting in 50-80% of fire fatalities. Smoke inhalation can take place when a person breathes in combustion products during a fire.

Premises Liability
Premise owners are supposed to make sure that there are not any hazardous conditions on a premise that can cause patrons, visitors, or residents to get hurt. If there are potential hazards, it is the responsibility of the property owner or manager to repair or remove them. Negligence to perform this duty of care could result in an Illinois premises liability or wrongful death lawsuit if someone is injured or dies.

Officials probe South Side day-care fire that killed toddler, Chicago MetroMix, January 16, 2009

Mother files lawsuit over son's death in 2008 South Side day-care fire, Chicago Tribune, January 15, 2009

Smoke Inhalation, Emedicinehealth.com

Related Web Resources:
Teaching preschoolers to be fire safe, Cyberstreet.com

Premises Liability Overview, Justia

In Cook County Circuit Court, the daughter of James O’Neill, the man who was hit by a Metra train while crossing the tracks is suing Metra, the Commuter Rail Division of the Regional Transportation Authority, and the Union Pacific Railroad Company for his wrongful death. Maura K. O’Neill says the train could have stopped and avoided hitting her father if it hadn’t been speeding because it was running late.

The fatal train accident occurred on the morning of December 26, 2008, close to the Edison Park station. Union Pacific Northwest Line train No. 610, which was headed to South Chicago, was not scheduled to stop at this station. It was traveling at the full speed of 50-70 mph when it struck Mr. O’Neill, who was walking on a pedestrian crossing. He was pronounced dead about four hours later.

Maura O’Neill claims that the train conductor should have warned O’Neill that the train was moving at full speed. She also says that train workers neglected to properly look out for pedestrians who may have been on the train tracks, did not take extra steps to make sure there weren’t people around since it was running behind schedule, failed to activate the train's emergency brakes, and was traveling at a very fast speed even as it approached the crossing. Her Illinois wrongful death lawsuit seeks over $50,000 in damages.

Pedestrians and bicyclists who are struck by a train are often killed or left with serious, life altering personal injuries. While people crossing the tracks are supposed to be careful and take steps to avoid getting involved in a train accident, there are times when the railroad company, train operator, a railroad worker, or the train manufacturer could have done more to prevent the accident from happening.

Depending on the circumstances that leading up to a pedestrian accident, some examples of grounds for train accident lawsuits include:

• Failure to sound the train’s whistle
• Speeding
• Poorly trained or supervised train workers
• Poor train maintenance

Daughter of Man Killed by Metra Train Files Suit, WBBM, January 10, 2009

Related Web Resources:
Metra

Union Pacific

Another Illinois wrongful death lawsuit has been filed in the drowning deaths of three North Lawndale College Prep Students who were attending a leadership retreat on the Fox River at Camp Algonquin last November 14. Jimmy Avant died after running into the river to try rescuing fellow students in a sinking paddleboat. Avant, 18, Adrian Jones, 16, and Melvin Choice, 17, were pronounced dead at the boating accident scene. This lawsuit's plaintiff is Jimmy’s father, Leonard Avant, who filed his complaint in Cook County Circuit Court.

Jones and Choice were riding in a paddleboat that had been winterized. Because the plug used to keep water from entering the boat had been removed, the boat sank.

According to the wrongful death lawsuit, the YMCA camp did not post any signs or notify the students that the boats were not in any condition to be used. The complaint also accuses North Lawndale College Prep of failing to provide better chaperones or properly supervise the high school students. The accident occurred after midnight when the chaperones had turned in for the night.

Named as wrongful death defendants are North Lawndale College Prep, YMCA of McHenry County, and VisionQuest Association, which was in charge of organizing the student leadership retreat. Leonard Avant is accusing them of negligence. He is seeking $50,001 in damages. Late last November, Melvin Choice’s mother, Virginia Choice, filed her Illinois wrongful death lawsuit against the three plaintiffs.

Schools and other organizations charged with the supervision of students can be held liable for personal injury or wrongful death if someone is injured because there was an unsafe condition on a premise or the victim was not properly supervised.

Father Of Drowning Victim Sues School, Camp, CBS2Chicago.com, January 9, 2009

Another suit filed in drownings, The Daily Herald, January 15, 2009

After kids drown, mom files lawsuit, Chicago Tribune, November 20, 2009

Related Web Resources:
North Lawndale College Prep

YMCA of McHenry County

A $6.5 million Illinois medical malpractice settlement has been reached in a birthing injury case involving a now 7-year-old boy. The child, Roberto Morales Jr, allegedly suffers from cerebral palsy because the obstetrician and labor and delivery nurse at the Provena Mercy Medical Center failed to properly monitor his heart rate and deliver him hours before an emergency C-section finally took place. His mother had been given Pitocin to accelerate her contractions. Morales was born with hypoxic ischemic encephalopathy and metabolic acidosis.

After his birth, the he was flown to Advocate Lutheran General Hospital in Park Ridge so he could get the higher level of medical attention that he needed. Provena Mercy Medical Center was not equipped to deal with his brain injury. Because of the severity of Morales's birth injuries, the plaintiffs’ attorneys say he had to stay at Advocate Lutheran General Hospital for a month.

The settlement will pay for the ongoing medical care and attention that he needs. The birthing malpractice lawsuit’s plaintiffs are Morales’s mother Joann Williams and Park National Bank. They are the coguardians of the boy’s estate. The defendants in the case are Provena Mercy Medical Center, obstetrician Judson Jones, Advocate Health Care Network, Dreyer Medical Group Ltd., and Dreyer Clinic Inc.

Cerebral Palsy
If your child is suffering from cerebral palsy because medical mistakes or negligence was a factor during his delivery, you may have grounds to file an Illinois birthing malpractice lawsuit. There is no treatment or cure for cerebral palsy, which is a condition that lasts for life.

Cerebral palsy can lead to ataxia, spasticity, motility problems, muscular issues, and other problems. Caring for a child or adult with cerebral palsy can be a costly endeavor, which is why it is important that you explore your legal options for personal injury recovery.

$6.5M To Baby In Malpractice Suit Settlement, CBS2 Chicago, January 12, 2009

Aurora hospital settles $6.5 million brain damage baby lawsuit, Justice News Flash, January 15, 2009

Related Web Resources:
NINDS Cerebral Palsy Information Page, National Institute of Neurological Disorders

Provena Mercy Medical Center

Continue reading "Illinois Birthing Malpractice Lawsuit Settled for $6.5 Million " »

With so many motorists using cell phones on US roads, the National Safety Council is calling on lawmakers in the District of Columbia and all 50 US states to ban the use of cell phones and messaging devices while people are driving. The Harvard Center of Risk Analysis reports that about 636,000 auto accidents a year occur because a driver was talking on the phone or text messaging. 2,600 people die and 330,000 people are injured annually as a result.

Contrary to popular belief, the NSC says that the University of Utah researchers have studies showing that talking on a hands-free device is not safer than talking on a hand-held cell phone. In Illinois, localities are allowed to come up with their own laws regarding cell phone use by motorists. Chicago has a ban on hand-held cell phones while driving. The entire state, however, prohibits drivers younger than 19 and school bus drivers from using any kind of cell phone when operating their vehicles.

According to the Insurance Information Institute, a driver’s ability to safely operate a vehicle is seriously impaired when talking on the phone or text messaging because not only do motorists take their eyes off the road when operating their devices, but they can get so involved in their conversations that their concentration is not where it should be—on the road. According to a Nationwide Mutual Insurance Co. survey of 1,200 drivers, 73% of the participants use cell phones when operating their vehicles.

Text messaging while driving is also a common habit, especially for teen drivers. Nationwide also found in January 2007 that 19% of drivers admitted to texting while driving.

The Insurance Institute for Highway Safety says that drivers who talk and text message on cell phones have a four times greater chance of becoming involved in an injury accident than motorists who don’t use these devices while driving.

National Safety Council Calls for Nationwide Ban on Cell Phone Use While Driving, NSC.org

Cell Phone Laws, Insurance Institute for Highway Safety

Related Web Resources:
Cellphones and Driving, Insurance Information Institute, October 2008

Illinois Cell Phone Laws, DMV.org

Continue reading "NSC Wants All US States to Ban Drivers from Using Cell Phones" »

In Southwest Chicago, 4-year-old Alex Angulo died on Sunday after a Rottweiler in his foster family’s backyard attacked him. His dog mauling death is raising concerns over whether child welfare officials did enough to make sure that he would be safe at a home that also housed a poodle and two Rottweilers.

According to the Illinois Department of Children and Family Services, Alex was supposed to be supervised anytime he was with the dogs. Cook County Public Guardian Robert Harris, however, says this precaution was obviously not enough and that the boy shouldn’t have been allowed to stay at the home.

Chicago police are trying to determine what foster family members were doing when the dog attack happened. One of his caregivers, who had been using a snowblower in a back alley, didn’t find Alex until after he was mauled. The three dogs were put to sleep.

Alex has been a foster child since he was an infant. He has lived in numerous homes over the years. In December, a judge found that his latest home wasn’t the best fit for him because of the foster mother’s advanced age.

This isn’t the only Illinois dog attack to occur this year. In Joliet, two sisters, 5 and 10, were injured on January 6 when a Rottweiler mauled them after the animal got out of its cage.

Dog Attacks
According to Animal People, 63 people died from Rottweiler attacks between 1982 and 2007. Illinois law holds dog owners liable for dog attacks even if there was no way of knowing that a pet would injure others. Dog bites can lead to puncture wounds, facial disfigurements, muscle damage, internal injuries, mental anguish, and emotional trauma.

New life awaited boy killed by dog, Chicago Tribune, January 11, 2009

2 sisters remain hospitalized after dog mauling in Joliet, Chicago Tribune, January 8, 2009

Related Web Resource:
Dog Bites, Centers for Disease Control and Prevention

You or your may be entitled to Illinois personal injury compensation from a negligent dog owner.

Continue reading "4-Year-Old Killed in Chicago Dog Mauling Accident" »

In Illinois, the parents of two teenagers are suing the city of Chicago, the Chicago Board of Education, an unidentified police officer, ASPIRA Inc., and the school’s principal for allegedly violating their daughters' civil rights. The Chicago Sun Times reports that another student was also summoned for the strip search, but her family are not plaintiffs in this case.

The girls, 14, were taken from their classrooms on December 20, 2007 and strip searched by a female police officer who was looking for a lighter that may have been used to start a small fire at the high school. The lawsuit claims that the officer, who was a uniformed security guard, reached under the teenagers' blouses and told them to take off their pants and underwear. The police officer also allegedly told them to “squat and cough” for a cavity search. At one point, the guard allegedly put her hand on her gun to intimidate the teenagers. One of the girl’s mothers says her daughter felt violated, embarrassed, and ashamed because of the incident.

Chicago Public Schools is conducting an investigation into the search, as is the Chicago Police Department's Internal Affairs Division. ASPIRA has been warned that CPS could withdraw its charter if corrective steps are not taken.

The girls were reportedly never informed that they were suspects in the fire incident and their parents were never contacted prior to the search. According to the plaintiffs’ Chicago attorney, this violates the teenagers constitutional rights against unreasonable searches and seizures. He also contends that the security guard did not have probable cause to search the girls.

Intimidation as Police Brutality
Intimidation is a form of police brutality that can lead to emotional and psychological trauma and can be grounds for a personal injury lawsuit. Chicago police officers and other law enforcement officials are supposed to protect, not violate one's civil rights.

Mom: I don't send my kids to school to be strip searched, Chicago Sun Times, January 7, 2009

Strip search of teens in Chicago school under investigation, Boston Herald, January 9, 2009

Related Web Resources:

Communities United Against Police Brutality

Shielded from Justice, HRW.org

The parents of 1-year-old Kirstin Blocker are suing Air Angels Inc., Reach Medical Holdings Inc., and the estate of pilot Del Waugh for their daughter’s wrongful death in a Medevac accident that occurred over suburban Chicago last October. Blockinger was being transported to Children’s Memorial Hospital when the helicopter struck a radio tower wire and crashed in Aurora, killing Kirstin and all three crew members. Waugh was piloting the plane.

The deadly aviation accident occurred on a clear day as the helicopter flew a familiar route. The reason for why the Air Angels pilot was flying the chopper so low is unclear. Kristin’s family says they hope their wrongful death lawsuit will lead to the development of greater safety measures to prevent future Medevac accidents from occurring. Their lawsuit is seeking unspecified damages from the defendants.

The Chicago helicopter crash is just one of nine Medevac accidents that occurred in the US last year, claiming at least 28 people’s lives. This is a dramatic increase from 2007, when 7 people died in just 2 Medevac crashes. The National Transportation Safety Board is recommending that aviation companies conduct risk assessments for each flight and install terrain avoidance warning systems on every aircraft. The FAA has yet to turn these recommendations into requirements.

Medevac Flights
EMS helicopters are supposed to quickly and safely transport people in need of medical attention to their destination so that they can get the care they need. In 2007 alone, some 400,000 people rode on EMS choppers.

Pilots, aircraft manufacturers, and all those involved in the operation and management of any aviation flight are supposed to exercise the proper care to ensure that their passengers safely reach their destinations. When failure to exercise that care, poor safety standards or procedures, product defects, pilot error, or crew negligence leads to injuries or deaths, an Illinois personal injury claim or wrongful death lawsuit may be brought against all negligent parties.

Parents sue over fatal copter crash, Daily Chronicle, January 6, 2009

Lawsuit filed in October Air Angels crash, ABC Local, January 6, 2009

Spike In U.S. Medevac Crashes Prompts Oversight, NPR, December 31, 2008

Related Web Resources:

EMS Helicopter Safety, Federal Administration Aviation

National Transportation Safety Board

A Chicago firefighter has been charged with sexually molesting three young children over a one-year period at his apartment in Little Village. According to prosecutors, Jose Moreno, 48, hung the girl, 3, and two boys, 6 and 5, from wooden pegs while the assault incidents happened. He has been charged with three counts of predatory criminal sexual assault of a child.

The three children lived in the same building with Moreno, and they reportedly had to witness each other being molested. Moreno, who was the building landlord, was in charge of watching the kids at least three days a week for up to four hours each time.

According to court documents, the child victims identified the Chicago fireman as their molester. The alleged abuse incidents appeared to have occurred on numerous occasions. If convicted, Moreno could spend the rest of his life in prison. He would also face Fire Department charges. Moreno has been placed on administrative leave from the department without pay.

Sexual Abuse Lawsuits
If your son or daughter has been sexually molested, you may have grounds to file an Illinois civil lawsuit for personal injury against the person responsible for the assault. Sex abuse lawsuits are separate from criminal charges filed against the abuser and provide a way for the victim and his or her family to receive compensation for personal injuries, including mental and emotional trauma.

Just last month, Tiffany Daddino, a former juvenile counselor at the Lake County Probation Department was sued by a 19-year-old man who says she sexually abused him when he was 15 and under her supervision. The Illinois sex abuse lawsuit is seeking over 50,000 in damages from Daddino, the probation department, the state of Illinois, and the Administrative Office of the 19th Judicial Circuit Court. Daddino was convicted in 2006 for sexually abusing the plaintiff, who says she had sexual relations with him in her car a number of times.

Firefighter charged with molesting 3 children, Chicago Sun-Times, December 31, 2008

Victim of sex abuse sues former juvenile counselor, Highland Park News, December 23, 2008

Related Web Resources:

National Association to Prevent Sexual Abuse of Children

The Department of Children and Family Services