Chicago Injury Attorney Blog

During a televised interview with NBC that aired on the TODAY show this morning, Joe Jackson, the 80-year-old father of singer Michael Jackson, announced that not just someone but “all of ‘em” who may have contributed to his son’s untimely death at age 50 should pay. When asked if he meant the doctors who may have enabled the pop star’s prescription drug abuse over the years that eventually lead to his fatal drug overdose death, Joe Jackson said “I didn’t say doctors. Everybody else that’s involved.”

Michael Jackson, then 50, suffered a fatal cardiac arrest on June 25. Autopsy results were withheld and the singer’s personal physician, Dr. Conrad Murray has come under close scrutiny as investigators try to determine whether criminal charges should be filed against him.

A law enforcement official has informed the Associated Press that the Los Angeles Coroner has ruled the singer’s death a homicide. Calling the singer’s death a homicide doesn’t mean a crime occurred, but it does mean that officials believe that Jackson died at someone else’s hands.

Forensic evidence shows that propofol and at least two other sedatives caused the singer’s death. Per a search warrant affidavit that was unsealed last week, Murray has admitted to giving the drugs to Jackson to help the star deal with his insomnia. Murray reportedly tried to wean Jackson off propofol but gave in to the singer’s demands for the drug on the morning that he died.

An attorney for Katherine Jackson, Michael Jackson’s mother, says she is debating whether to file a wrongful death lawsuit against those who contributed to Jackson’s death. Possible defendants include Murray (a doctor can be held liable for medical malpractice if he fails to give the patient the quality of care required to protect him from injury , health complications, or death), concert promoter AEG Live, and others.

Rumors have long circulated that Jackson was suffering from a prescription drug addiction. In order to continue taking the medication that enabled his dependency, there may be multiple parties over the years that wrote the prescriptions and supplied him with the drugs.

Michael Jackson’s father: ‘Someone should pay', Today, August 31, 2009

Coroner rules Jackson’s death a homicide, MSNBC, August 24, 2009

Jackson's mother considering wrongful death suit, AP/Google, August 17, 2009

Related Web Resources:
Michael Jackson Dies, TMZ, June 25, 2009

Celebrities and Prescription Drug Addiction, Michael's House

Continue reading "Michael Jackson’s Wrongful Death?: Coroner Says King of Pop’s Fatal Cardiac Arrest was Homicide" »

A former Chicago Hope Academy student is suing the school for personal injury. The boy, an unnamed minor and an athlete, started attending the school, located on the West Side, in 2005.

Per his Chicago child sex abuse lawsuit, filed in Cook County Circuit Court, the boy is accusing Kathryn Vail-Wesley, his former math teacher, of showering him with affection and attention in private and in public beginning in 2008.

The boy was 16 at the time and his Chicago injuries to minor complaint contends that his math teacher would hug him and touch him regularly and invite him to her residence. He claims she would send him secret letters and messages and engage in private phone calls with him to discuss her sexual and personal histories. He says she propositioned, noting that she wanted to bring his “chocolate skin” and her “vanilla skin” together.

From August – October 2008, the boy says that he was sexually involved with Vail-Wesley and that the incidents occurred in school, the chapel, and in other locations on the school’s campus.

Their sexual relationship came to light after Vail-Wesley’s husband, who also teaches at the school, found the plaintiff and his wife engaged in sexual misconduct in a school classroom. Mr. Wesley assaulted the boy and the school blamed the teenager for disrupting Vail-Wesley’s career and marriage. The plaintiff says the school told him to either withdraw is enrollment or they would expel him.

Vail-Wesley has been charged with sexual assault involving a minor because of her alleged involvement with the plaintiff.

The Chicago injury lawsuit says the plaintiff is the victim of the purposeful infliction of emotional trauma, wanton misconduct, negligence, and breach of fiduciary duty by the school. The complaint contends that the other school staffers should have noticed thatA former Chicago Hope Academy student is suing the school for personal injury. The boy, an unnamed minor and an athlete, started attending the school, located on the West Side, in 2005.

Per his Chicago child sex abuse lawsuit, filed in Cook County Circuit Court, the boy is accusing Kathryn Vail-Wesley, his former math teacher, of showering him with affection and attention in private and in public beginning in 2008.

The boy was 16 at the time and his Chicago injuries to minor complaint contends that his math teacher would hug him and touch him regularly and invite him to her residence. He claims she would send him secret letters and messages and engage in private phone calls with him to discuss her sexual and personal histories. He says she propositioned, noting that she wanted to bring his “chocolate skin” and her “vanilla skin” together.

From August – October 2008, the boy says that he was sexually involved with Vail-Wesley and that the incidents occurred in school, the chapel, and in other locations on the school’s campus.

Their sexual relationship came to light after Vail-Wesley’s husband, who also teaches at the school, found the plaintiff and his wife engaged in sexual misconduct in a school classroom. Mr. Wesley assaulted the boy and the school blamed the teenager for disrupting Vail-Wesley’s career and marriage. The plaintiff says the school told him to either withdraw is enrollment or they would expel him.

The Chicago injury lawsuit says the plaintiff is the victim of the purposeful infliction of emotional trauma, wanton misconduct, negligence, and breach of fiduciary duty by the school. The complaint contends that the other school staffers should have noticed that Vail-Wesley was sexually abusing the boy. The lawsuit accuses the school of creating a culture that allows certain students and teachers to socialize.

Suit demands damages for alleged abuse, Chicago Journal, August 26, 2009

Former student sues Chicago Hope Academy after sexual abuse, WBBM, August 21, 2009

Related Web Resources:
Chicago Hope Academy

Student Allegedly Molested, Then Expelled, NBC Chicago, January 15, 2009

The family of 21-year-old Alex Drews is suing the Chicago Cubs for wrongful death and negligence. Drews died from injuries he sustained on August 31, 2007 when a cinder-block and steel wall fell on him.

Drews had run into the lee of an outbuilding on Cubs property because a storm had broken while he was walking and that is where the wall crushed him. Drew’s family says that his death could have been prevented if only the outbuilding, scheduled for demolition, had been removed before the Cook County premises liability accident happened. The outbuilding, a former carwash, has been used to store the bicycles of fans during game days.

The Chicago wrongful death lawsuit is seeking unspecified damages. The plaintiffs say that they spent almost $500,000 in medical bills while doctors tried to save Drew. The family’s wrongful death lawyer says that negotiations to reach an out-of-court settlement ended after the Chicago Cubs walked away from the table.

The 21-year-old died 8 days after the injury accident. Autopsy results show that Drew died from a broken neck and a fractured skull.

Premises Liability
A premise owner must make sure that there is nothing on the property that can cause serious injury or death to others. This includes making sure that any hazards are repaired or removed from the premise and that there are no other unsafe conditions that could harm a patron, visitor, guest, or another person that sets foot on the grounds. Failure to ensure this duty of can be grounds for a Chicago, Illinois premises liability case.

Cubs sued in 2007 death near Wrigley Field, Chicago Tribune, August 22, 2009

Cubs sued after car wash collapses, kills man in 2007, Chicago Sun-Times, August 21, 2009

Related Web Resources:
The Official Site of the Chicago Cubs

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

The family of Christopher Connolly is suing St. Ignatius College Prep student for his personal injury. In 2007, Connolly, then 15, sustained catastrophic injuries when he hit is head on the bottom of the school during water polo practice.

According to the Chicago injury lawsuit, an assistant coach told the other kids to throw snowballs at Connolly and called him “Flounder,” which is considered a derogatory nickname. To avoid the snowballs, buoys, kickboards, and other pool equipment that were thrown at him, the 15-year-old dove into the pool per another coach’s instructions.

The Chicago injuries to minor complaint, filed in Cook County, claims that Connolly “was forced to dive into the pool.” He struck the bottom of the pull and fractured his vertebrae during the alleged hazing incident. He was hospitalized for almost four months. Because of his spinal cord injury, Connolly is now a quadriplegic.

He requires the use of a wheelchair, and needs assistance bathing, getting dressed, and picking up objects off the ground. He needs full-time care. He also underwent intensive and lengthy therapy and has been able to regain some use of his hands and arms.

Connolly says that he also suffers physical trauma and embarrassment because he now has to use a wheelchair. After the accident, he enrolled in another school.

Connolly’s family is seeking undisclosed damages, as well recovery for medical costs.

Suing a Chicago School for Personal Injury
Schools and their staff members are supposed to make sure that students on the premise are not harmed and that there are no hazards on the premise that could cause personal injury or wrongful death. Failure to provide students with this safety can be grounds for an injuries to minor lawsuit.

Paralyzed teen's parents sue Chicago school over alleged hazing, Chicago Tribune, August 19, 2009

Read the Complaint (PDF)

Related Web Resources:
St. Ignatius College Prep

Quadriplegia Care Guide

A Naperville woman is accusing an obstetrician-gynecologist at Rush-Copley Medical Center of sterilizing her without her consent. Nada Dollah is suing the Aurora hospital, Women’s Health Physicians S.C. of Aurora, and Dr. Nizar F. Olabi for Illinois medical malpractice.

In her Cook County obstetrician malpractice complaint, Dollah claims that Olabi performed a bitubal ligation on her without her consent and against her will. The procedure took place while Dollah was having her baby by cesarean section in May 2008.

Dollah is seeking at least $2 million in Illinois medical malpractice damages.

Obtaining a Patient's Informed Consent
Healthcare providers are supposed to obtain a patient’s consent before performing any medical procedure or another course of treatment. The patient must also be notified of the risks of any procedure beforehand so that he or she can make an informed decision about whether to provide that consent. Failure to obtain informed consent can be grounds for a Chicago medical malpractice lawsuit regardless of whether or not any medical complications or injuries arose from the procedure.

Tubal Ligation
Tubal ligation involves tying or cutting the fallopian tubes to prevent the woman’s egg from traveling from the uterus. It also blocks the sperm from being able to enter the fallopian tube to fertilize the egg.

If a doctor performed any medical procedure on you or initiated any type of medical care plan without your informed consent, we know how frustrated and violated you must feel that your right to make decisions about your body was taken away from you. We understand the need to hold any liable parties liable for the harm that you have suffered.

Woman accuses doctor of sterilizing her, Naperville Sun, August 16, 2009

Naperville woman sues ob-gyn for unauthorized sterilization, Chicago Now, August 7 2009

Related Web Resource:
Rush Copley Medical Center

The family members of the 18 people who died in a 2008 Spainair plane crash in Madrid have filed a Cook County, Illinois wrongful death lawsuit against 11 companies. The defendants are McDonnell Douglas Co (based in Chicago), SAS Group, Boeing, Leach International, Korean Air, Rohr, Hawker Siddley, Esterline Technologies, Alenia Aeronautica, and Pratt & Whitney.

The plane swerved as it was leaving the runway and crashed right before liftoff, bursting into flames. 178 people were aboard the MD-82 plane. The crash claimed 154 lives. 18 people survived the deadly plane crash.

The Cook County wrongful death complaint is accusing the defendants of negligent manufacture, design, maintenance, and operation. The lawsuit says that the airplane’s slats and flaps were not extended when it took off. Both parts are crucial to making sure that there is enough lift to the wings and they must work properly during take off. The plaintiffs contend that the warning horn failed to go off. The horn is intended to notify pilots when there is a problem during takeoff.

Common Cases of Fatal Airplane Accidents
• Pilot error
• Other human error
• Mechanical failure
• Defective plane part
• Weather conditions
• Sabotage

There may be more than one party that can be held liable for your plane crash, such as the plane owner, the plane manufacturer, a parts manufacturer, the airplane operator, a corporation, a plane leasing company, a tour operator, or other negligent parties.

There are many aspects to consider when proving liability for a plane crash. We know how devastating it is to lose someone you love in a deadly plane accident. We know that you need answers. You also may want to hold any liable parties responsible for what happened.

Wrongful death lawsuit filed in fatal Spain plane crash, Sun-Times, August 14, 2009

About 150 killed leaving Madrid on Spanair flight, NY Times, August 20, 2008

Related Web Resources:

Continue reading "Family Members File Cook County Wrongful Death Lawsuit Against Chicago-Based McDonnell Douglas and 10 Other Companies in 2008 Spainair Crash" »

The city of Chicago and Diana Sarker have agreed to settle her Illinois slip and fall lawsuit for $800,000. The 59-year-old woman fractured her kneecap and tore cartilage on January 21, 2005 when she slipped and fell while walking through Terminal 3 at O’Hare Airport.

Sarkar was hospitalized for six days following the Chicago slip and fall accident and had to undergo surgery. A number of months later, she had another surgery to repair her kneecap.

Sarkar missed the medical conference she had been traveling to and was unable to work at the private medical practice she owned for several months. She eventually returned to work but only part-time. Her volunteer medical work also suffered.

The city of Chicago is in charge of maintaining O’Hare. In her Chicago injury lawsuit, Sarkar accuses the city of failing to clean up the substance that had been left on the ground and of neglecting to tell passengers that food had fallen onto the floor.

Slip and Fall Accidents
Slip and fall accidents are often more harmful than they sound. Slipping and falling can lead to serious and painful injuries to the knee, hip, leg, back, neck, and/or head that can take months to recover from. In some instances, injuries sustained during slip and fall accidents, such as spinal cord injuries or traumatic brain injuries, can be catastrophic.

The medical costs resulting from repairing a slip and fall injury and the months of therapy that may be required to rehabilitate the injury victim can accrue pretty quickly.

You may have grounds for suing a negligent party for Chicago slip and fall.

Doc who slipped, fell at O'Hare gets $800K, Sun-Times, August 12, 2009

Attorneys: Slippery-floor suit settled, Chicago Tribune, August 13, 2009

Related Web Resources:
Slip and Fall Accidents, Nolo

Chicago Airport Systems

Chicago resident Rolan D. Johnson says he sustained personal injuries and other damages when he was unjustly arrested by a Glenwood police officer in 2007. Jones says the incident happened when he was driving home from Hodgkins where he works at a UPS facility. He is suing the Glenwood Police Department for false arrest, battery, and malicious prosecution.

Johnson is a diabetic. He says that he was beginning to go into a diabetic coma because his body temperature and blood sugar were falling when Officer Daniel Fisher apprehended him. According to the police officer’s report, he stopped the 47-year-old Chicago resident because he was driving erratically.

Johnson then drove off, nearly striking Fisher with his car before stopping his vehicle on the side of the road. Fisher then broke the window on the driver side and pulled the driver out of the car.

The report says that Johnson tried to kick Fisher and pulled away violently while the police officer was handcuffing him. Johnson’s attorney, however, says that Johnson may have been behaving like he was drunk, but he was in fact was undergoing a medical emergency.

According to Johnson’s Chicago injury lawsuit, the glass shards that came from the broken window, as well as Fisher’s baton, hit him on the face. Johnson then claims that the Glenwood police officer threw him onto the ground and kicked, punched, and choked him a number of times. At this point, Johnson says he was in a semi-comatose state.

EMS workers who arrived at the scene confirmed that Johnson was experiencing hypoglycemia. They had to give him dextrose to elevate his blood sugar count, which had dropped to 26. 80 – 120 is considered normal.

Fisher charged Johnson with numerous traffic violation charges and with resisting arrest. A Cook County judge later dismissed the latter charge.

Johnson says his 14th and 4th Amendment rights were not protected during the arrest, which was unwarranted and maliciously prosecuted. He says he was beaten and, as a result, he sustained closed head injuries, permanent eye damage, and serious emotional distress. He also lost wages because he had to take time off work to recover. He now has legal bills because of what happened.

Johnson is seeking at least $150,000 in Chicago police brutality damages.

Diabetic sues over injuries during Glenwood traffic stop, Chicago Tribune, August 12, 2009

Suit claims Glenwood police officer beat man having diabetic attack, Southtown Star, August 6, 2009

A sewer repairman is suing a couple for Illinois premises liability. Taylor Schultz, a sewer repairman, says the trip and fall accident happened on August 11, 2007.

Schultz says he was hired by Scott Whitehead to fix a sewer clog in Whitehead’s home. In his Illinois trip and fall lawsuit, Schultz contends that he tripped on an uneven step as he went down the stairway to the basement.

He says that he fractured his ankle and experienced mental trauma and physical pain as a result. Schultz says that if it weren’t for the trip and fall accident, he would have been able to pursue his career without interruption and would have made a great deal more money. He suffered disability and disfigurement and has medical bills because of his personal injuries.

Schultz says that the stairwell that Whitehead designed and constructed was defective and uneven. He says the rise and depth of the step tread that he tripped on was different than what was on the rest of the stairwell. Schultz claims that after he notified Whitehead that he planned to sue for personal injury, the step was fixed.

Trip and Fall Accidents
A person can get hurt in what is called a “trip and fall” accident if they trip over an object or because of some sort of unevenness that prevents his or her leg from moving forward and accurately landing on the ground in a timely manner so that the body is fully supported and in balance. When this failure occurs, the upper body can fall forward without its legs being able to provide support and a trip and fall accident can result.

Some Common Causes of Trip and Fall Accidents:
• Uneven steps
• Objects on the ground
• Loose floorboards
• Extension cords
• Uneven cracks on the floor
• Uneven sidewalks

Repairman sues customer over trip on stairway, The Record, August 5, 2009

Related Web Resources:
Premises Liability, Justia

Slip and Fall, Nolo

Continue reading "Illinois Trip and Fall Lawsuit Sues Couple for Personal Injuries Caused by Uneven Steps" »

City Hall has not approved a new police that would allow Chicago police officers to shoot weapons at felony suspects during police pursuits. The new rule allowing the use of deadly force was supposed to go into effect on August 3, but now Mayor Daley says that the rule has yet to be implemented and a review process of policy is currently taking place.

Late last month, Police Committee Chairman Isaac Carothers presented an ordinance requiring that the City Council approve this change or any change involving police officers’ use of force. He noted that the city has spent millions of dollars over cases involving police brutality, including false arrest, wrongful imprisonment, and excessive force.

In 1999, Chicago police shot to death two civilians in motor vehicles within less than 24-hours. Both of them were unarmed. On June 4, 1999, 26-year-old La Tanya Haggerty was shot and killed by police while police were pursuing a car driven by Raymond Smith that she was a passenger in. Chicago police officials had not authorized the pursuit. The case cost the city $18 million.

Hours later, police fatally shot 22-year-old Robert Russ, a Northwestern University senior and football player during a traffic stop. Police had pursued him for three miles. That case involving excessive force cost the city of Chicago more than $9.5 million.

Chicago Police Brutality
Excessive force initiated by Chicago police officers has long been an issue of concern. In 2007, the University of Chicago issued a report called “The Chicago Department’s Broken System” noted that Chicago cops are named in more police brutality complaints per police officer than the national average. The report also found that the Chicago Police Department is a lot less likely to pursue police brutality cases compared to other police forces.

At that time, the national average for excessive use of police force among large police departments was 9.5 for every 100 full-time cops. Chicago has 13,500 full-time police officers. From 1999 – 2004, there were 1,774 Chicago police brutality complaints a year filed against Chicago cops. From 2001 to 2006, under 5% of the department was accountable for nearly 50% of the complaints.

Police need City Council's OK to change rules for using deadly force, Chicago Sun-Times, July 29, 2009

Chicago Police Abuse Cases Exceed Average, NY TImes, November 15, 2007

Related Web Resources:
Chicago Police Department

Police Brutality

Continue reading "Chicago Police Brutality: Should Law Enforcement Officers Be Allowed to Fire Guns At Felony Suspects Driving Off in Motor Vehicles" »

A man who says he suffered a permanent injury because doctors at a Berwyn hospital operated on the wrong knee has filed a Chicago orthopedic surgery lawsuit. The plaintiff is Krzysztof Kordes. His Illinois medical malpractice complaint, filed in Cook County Circuit Court against Dr. Scott A. Seymore, the Orthopaedic Associates of Riverside, and surgical assistant Lukasz Sidorowicz, is seeking over $50,000 in damages.

Kordes went to McNeal Hospital on May 6, 2008. He was scheduled to undergo a right knee partial lateral meniscectomy, right knee arthroscopy, and right knee ACL reconstruction.

In his Chicago medical malpractice complaint, Kordes claims that Seymore and Sidorowicz made a mistake when they began performing the replacement surgery on his left knee. They operated on the correct knee after they realized that they were performing the procedure on the wrong knee.

Kordes later received a diagnosis of chondromalacia patella on his left knee, which indicates that cartilage under his kneecap was damaged. His Chicago medical malpractice lawsuit is seeking over $50,000 in damages.

Kordes contends that the defendants should have known that they were operating on the wrong knee and that they failed to take steps to prevent the wrong-site error from happening. He claims that the doctor and surgical assistant did not properly document the fact that they started operating on the wrong knee.

Wrong-Site Surgeries
Operating on the wrong organ or limb is considered a wrong-site surgery. According to a study published in 2006 in the Archives of Surgery, out of every 112,994 surgeries that occur (not counting those involving the spine), 1 operation is a wrong-site procedure.

Wrong site surgeries can cause additional pain and suffering for the patient, as well as lead to possible infection and medical complications. There are steps that doctors and other members of the surgical team are supposed to follow to make sure that wrong-site surgeries don’t happen.

Man sues after doctors perform surgery on wrong knee, WBBM, July 29, 2009

'Wrong site' surgeries on the rise, USA Today, April 17, 2009

Related Web Resources:
chondromalacia patella, Mayo Clinic

Wrong-Site Surgery, American Academy of Orthopaedic Surgeons