Chicago Injury Attorney Blog

Two large recalls in the past month by the Consumer Product Safety Commission are serving as important reminders to product manufacturers of how necessary it is that they make defect-free products that do not cause injuries to minors. Earlier this week, the CPSC announced the voluntary recall of 2.1 million Stork Craft cribs in the United States and Canada following reports of 4 deaths, 15 entrapment accidents (4 of them resulting in suffocation), and 20 fall accidents. Consumers have filed at least 110 reports noting drop-side crib detachments.

Parents are urged to stop using the cribs right away and to wait for their free repair kit. The crib's drop side can deform, break, or parts may have gone missing. If the drop-side partially detaches, a space wide enough for a toddler or infant to become entrapped can be created. Assembly errors can also contribute to the set up of a crib that can cause injuries to children. Complete detachment of the drop-side can allow for fall accidents to happen.

147,000 of the recalled Stork Craft cribs come with a Fisher-Price logo.

This isn’t the first recall involving drop-side cribs. Over 5 million drop-side cribs have been recalled in the last two years following a number of injuries and deaths. Product manufacturers can be held liable for Illinois products liability if they have designed or manufactured a product that causes serious injury or death.

Stroller Recall Due to Fingertip Amputations
Earlier this month, parents received another scare when the CPSC announced the recall of some 1.1 million single and double Maclaren strollers. 12 kids’ fingertips have been amputated over the last decade after they stuck their fingers in the stroller hinges. The last two years has seen an increase in these injuries to minors.

Infant Entrapment and Suffocation Prompts Stork Craft to Recall More Than 2.1 Million Drop-Side Cribs, CPSC, November 23, 2009

Maclaren Recalls Strollers as Kids Get Fingertips Cut, Bloomberg, November 1, 2009

Related Web Resources:
Child Safety, Consumer Reports

Children's Product Safety Act, Illinois General Assembly

Continue reading "Preventing Illinois Products Liability: Massive Stroller and Crib Recalls a Reminder that Manufacturers Must Make Safer Products" »

Yesterday, a Cook County jury awarded the parents of Jake Tinman $22.3 million for Chicago medical malpractice involving injuries to a minor. Doctors amputated Jake's leg a couple of weeks after his birth because it wasn't properly dressed following a surgical procedure.

Jake, now 10, was born with a congenital heart defect on May 15, 1999. His condition required that he undergo a shunt procedure. Two weeks after he was sent home from the hospital, he was rushed to an emergency room. According to the Chicago injury lawsuit, the negligent care he received, including the alleged failure to properly dress his leg in the operating room, resulted in injuries that required that the amputation of his left leg. Cardiac catheterization and delayed treatment reportedly resulted in developmental delays and cognitive deficiencies.

The jury found that Advocate Christ Medical Center/Hope Children's Hospital and its staff neglected to diagnose Jake’s shunt problem in a timely manner, did not properly apply and remove in a timely manner a pressure dressing on Jake’s leg, improperly made him undergo cardiac catheterization, improperly destroyed his echocardiogram, and did not monitor his pulse.

Medical Malpractice
Medical negligence can cause serious injury and death. Infants are especially vulnerable to serious infections, health complications, and injuries when subjected to medical neglect or errors. The physical or developmental injuries that can result can alter the course of a child’s life forever. Not only can they end up depriving the child of the ability to experience a “normal” life, but he or she may require special, costly medical care into adulthood. Birthing malpractice, failure to diagnose birth defects or conditions, hospital injuries, surgical errors, giving a baby the wrong medication, and accidentally switching infants at birth or the eggs during fertilization are some of the many reasons why parents of newborns may have grounds for suing for Chicago medical malpractice.

Boy's parents awarded $22.3M from Christ hospital, Sun-Times Media, November 24, 2009

Jury Awards $22.3 Mil. In Medical Negligence Suit, CBS2 Chicago, November 24, 2009

Related Web Resources:
Damages in Medical Malpractice Cases, Nolo

Advocate Christ Medical Center/Hope Children's Hospital

In Illinois, a federal judge has upheld an $8.2 million wrongful death award. The defendants in the case are St. Louis University and the United States.

The plaintiffs are Ronald Arpin’s family members. Arpin was a patient who died from abscess complications while under the care of a program run by the United States and St. Louis University doctors at Scott Air Force Base. The plaintiffs had accused the doctors that ran the program of failing to diagnose and treat his condition.

After finding the defendants negligent, the federal court awarded the plaintiffs $7 million for loss of consortium, $150,000 for medical expenses, $750,000 for pain and suffering, $2,200 for funeral costs, and $354,000 for lost wages.

Arpin’s wife Jeannine had been totally dependent on him before he died. One of Arpins’s sons says he became an alcoholic because of his father’s death. Another son says he can’t attend family dinners anymore because the loss of his father is too painful for him.

The defendants appealed the judgment and the award for loss of consortium. The 7th Circuit vacated the loss of consortium award and sent the case back to the federal court where Chief Judge David Herndon said a ratio approach was not possible and that the effect of losing Arpin was obviously so devastating to this family to have the kind of impact that until this case he had never seen before.

Judge Upholds $8.2M Wrongful Death Award, Courthouse News, November 20, 2009

Related Web Resources:
Medical Malpractice, Justia

Illinois Wrongful Death Act

Continue reading "In Illinois Federal Judge Upholds $8.2 Million Wrongful Death Award Over Medical Malpractice" »

An Eastern Illinois University student who was riding on the double-decker bus that was involved in the head injury deaths of two men is suing Graywood Foundation, Lincoln Springs Resort, and other parties for personal injury. Michael McKenna, an Eastern student, was riding on the bus when Cameron Chana and Justin Sleezer struck their heads on the Interstate 57 overpass bridge as the bus was driving under it.

The Sleezer and Chana families are suing for Illinois wrongful death. McKenna is suing for his mental injuries. In his Illinois injury complaint, he accuses the bus driver of failing to warn passengers who were on the top level of the bus about certain hazards and neglecting to monitor their behavior while the bus was moving. He is accusing the bus service of failing to properly train its bus drivers. McKenna says the psychological damage he suffered has caused him to suffer physical symptoms. The bus was transporting a group of students back from boating trip in Lake Shelby when the tragic Illinois motor vehicle accident happened in Mattoon.

Bus Accidents
Most buses don’t provide seat belts for passengers to use. This can place the vehicle occupants at risk of serious injury during a bus accident—especially for bus passengers that are riding on the top level of an open double decker bus. It is important that bus companies make sure the proper safety measures are in place to prevent injuries or death.

Earlier this month, the US Department of Transportation presented its Motorcoach Safety Action Plan in an effort to improve motorcoach safety. This is very important considering that some 750 million passengers ride motorcoaches annually.

The National Highway Traffic Safety Administration reports 19 motorcoach occupant deaths a year. This fatality count does not include the pedestrians and occupants of the other vehicles that were killed in traffic crashes with motorcoaches.

Bus Accident Adds Lawsuit to List, November 20, 2009

Illinois Wrongful Death Lawsuit Filed in Fatal Double-Decker Bus Accident, Chicago Injury Attorney, October 20, 2009

U.S. Department of Transportation Releases New Action Plan to Address Motorcoach Safety Issues, NHTSA, November 16, 2009

Related Web Resource:
Read the US Department of Transportation's Motorcoach Safety Action Plan (PDF)

A man who says he sustained ilioinguinal neuralgia and experienced blood clotting and swelling in his left testicle is suing St. Elizabeth's Hospital of the Hospital Sisters of the Third Order of St. Francis, Lincoln Surgical Group, and Dr. Scott Crouch for Illinois medical malpractice.

Joseph Niebruegge says Lincoln Surgical Group and Dr. Crouch treated him for left inguinal hernia between October 26, 2007 until July 21, 2008. In November 2007, Crouch used mesh during surgery to repair the condition.

Niebruegge says that because of the medical procedure, he experienced numbness and burning pain in his lower abdomen, which is a condition known as illoinguinal neuralgia. He says that he fell because he wasn't given adequate support as he was moving, and, as a result, he experienced blood clotting and swelling in his testicle.

Niebruegge is seeking over $200,000 for permanent and severe injuries and disabilities, lost wages, and medical expenses.

Illinois Medical Malpractice
Doctors, nurses, surgeons, and other medical workers are supposed to provide all patients with a certain level of care. When failure to provide that care, medical errors, or other negligent acts causes injury, health complications, infection, a worse prognosis, allergic reactions, or death, the medical provider can be held liable for Chicago medical malpractice.

In many instances of medical malpractice, these medical errors are not simple mistakes that can be reversed easily. It is important that you work with a Chicago medical malpractice lawyer who knows how to investigate these kinds of cases and who pursue your financial recovery.

Man claims swelling and blood clotting in med mal suit, The Record, November 19, 2009

Related Web Resources:
Ilioinguinal neuralgia, International Pain Medical Group

Medical Malpractice Overview, Justia

In a confidential agreement, the estate of Phil Kuntz and his widow have settled a wrongful death lawsuit over Kuntz’s tragic railroad accident in Du Quoin with Canadian National/Illinois Central.

Kuntz was in his pickup truck when he was struck by a freight train on April 3, 2006 at the Lazy W. Crossing. The train pushed his vehicle some 60 feet before the truck fell into a shallow hollow next to the tracks. Following the Illinois train crash, Kuntz was flown to a hospital where he was later pronounced dead.

According to the Illinois wrongful death complaint, the railroad crossing was poorly designed and had serious sight limits (There are no crossing gates or flashing lights). The railroad also failed to provide adequate warning that a train was approaching.

Mike Plumlee, an investigator for the Perry County Sheriff’s Department, says that Kuntz only saw the train at the final second before the crash. Plumlee says there were skid marks on the pavement showing that the driver attempted to stop.

According to VisualExpert.com, some 2,400 train accidents occur at railroad crossings each year. While some of these railroad crossing crashes happen because the driver tried to beat the train by speeding across the crossing, other accidents take place because the driver did not know that a train was approaching.

Railroad crossings must be designed in a manner that decreases the chance that a motor vehicle or a pedestrian will be struck by a train. Railroad companies must also make sure that drivers and pedestrians in the area are aware of when a train is approaching, the train operator is not speeding, and there are no hazards or obstructions at the crossing that could either block the motorist’s view or cause a railroad accident to happen. Crossing gates, lights, or bells must also be properly installed and/or maintained.

Railroad crossing injuries are often catastrophic if not fatal.

Substantial Settlement in Du Quoin Wrongful Death Case, Du Quoin Evening Call, October 26, 2009

Accidents At Rail-Highway Crossings, Visual Expert.com

Related Web Resources:
Train Accidents, Justia

Canadian National

In Cook County Circuit Court, the family of Karen Graham is suing Northwestern Memorial Hospital for Chicago wrongful death. Graham committed suicide while under the hospital’s care.

In their Chicago medical malpractice complaint, the family contends that since Graham had tried killing herself before being admitted into Northwestern Memorial Hospital’s care on August 5, 2004, the hospital should have known that Graham was at risk of committing suicide and self-injury.

According to the Illinois wrongful death lawsuit, even though the patient had expressed disappointment that her attempt to kill herself didn’t work the hospital workers left her alone in a room without supervision. This gave Graham the opportunity she needed to commit suicide.

Chicago hospitals and nursing homes must properly supervise patient so that they don’t hurt themselves or others. Each patient’s situation is different, which means that medical workers must determine and adapt to each patient’s particular needs. Patients who are a suicide risk, mentally disabled, a fall risk, a wander risk, at risk of self-injury, or have a violent streak should be closely monitored.

Late last month, the daughter of Alice Davis filed an wrongful death lawsuit against St. Joseph’s Hospital of Highland after a fatal Illinois fall accident from a hospital bed. Davis fell on June 18, 2008 while trying to get out of bed. She sustained injuries and died seven days later.

Roberta Cruthis’s Illinois wrongful death lawsuit accuses hospital workers of knowing that Davis was a fall risk. They had attached a close call clip to her hospital gown that should have notified them whenever she tried to get out of bed. Cruthis is accusing the workers of neglecting to properly inspect the alarm, which did not work, and failing to implement the necessary safety measures to keep her mother safe.

Family sues Northwestern hospital for alleged neglect that led to suicide, WBBM, November 4, 2009

Daughter files wrongful death suit against hospital, The Record, November 2, 2009

Related Web Resources:
Medical Malpractice, Justia

Illinois Wrongful Death Act

The family of a man who was stabbed to death in Hoffman Estates is suing the person acquitted of murdering him for Chicago wrongful death. The defendant, 30-year-old Joseph Biedermann, says that he stabbed Terrance Michael Hauser out of self-defense after the victim allegedly attempted to assault him with a dagger.

Biedermann stabbed Hauser 61 times on March 5, 2008. Hauser, 38, sustained wounds to his lungs, jugular veins, kidney, pancreas, and abdomen. Biedermann sustained minor injuries during the altercation.

The men met each other for the first time a few hours before the slaying at a local bar. Hauser asked Biedermann to come to his home. According to toxicology reports, Hauser’s blood alcohol content was .277. Biedermann had a BAC of .226.

During the criminal proceedings, Biedermann testified that after passing out, he woke up to find Hauser with a dagger and a sword. He says Hauser threatened to sexually assault and murder him, which is why he fought back.

Hauser’s family is upset that Biedermann was acquitted of the murder. In their Chicago, Illinois wrongful death complaint, they are seeking damages of over $50,000. The lawsuit accuses Biedermann of failing to conduct himself reasonably and properly when he committed battery, intentionally stabbed the victim, and murdered him. The complaint contends that Hauser’s death has deprived his son, a minor, of support and companionship and caused him anguish. The family also wants compensation for the suffering and pain that Hauser experienced before he died.

Cook County Wrongful Death
Even if an Illinois jury finds the person who you believe murdered your loved one not guilty in court, you may still be able to file a Cook County wrongful death lawsuit. A jury with a civil case need only find the defendant guilty by a preponderance of evidence. In a criminal case, the jury has to determine that the defendant is guilty beyond a reasonable doubt.

Wrongful death suit targets man acquitted in Hoffman slaying, Daily Herald, November 11, 2009

Man not guilty in suburban stabbing death, Chicago Breaking News, July 10, 2009

Related Web Resource:
Illinois Wrongful Death Act

According to the Illinois Public Interest Research Group, there are a number of kids products, including toys, available for sale in the Chicago area that either contain illegal chemicals or violate safety standards. Researchers from the group tested 87 kids’ products for toxic chemicals. They published their findings last week in a the report “Chemical Compliance: Testing for Toxics in Children’s Products.”

Examples of products containing Phthalates: Elmo’s Lunch Box and The Little Princess handbags. The federal government banned phthalates earlier this year. This chemical can cause premature births, decrease sperm count, trigger early puberty for females, and cause reproductive defects in adults.

Examples of products that contained levels of lead above the 300 parts per million that federal law legally allows: Marvel Hot Rodz, the LOVE Pink Block Cell Phone from Claire’s, Alligator Cell Phone Charm from Claire’s, and pink diamond clip on earrings from Claire’s. Excessive levels of lead can be highly dangerous. They can cause lead poisoning, permanent cognitive and behavioral disabilities, and developmental problems, seriously impairing a victim for life.

The Illinois Public Interest Research Group and HealthyStuff.org partnered together for these tests.

While both adults and kids are susceptible to injuries caused by lead poisoning, a child’s body can absorb up to 50% of lead ingested (compared to adult bodies that can absorb up to 15%). In an attempt to keep children safe, the Consumer Product Safety Commission has recalled millions of toys over the past few years because of concern that too many products contained excessive levels of lead. Some companies have been sued for products liability because someone got sick or died from exposure to toxic substances in consumer goods.

The researchers’ report also found Bisphenol-A, Cadmium, brominated flame retardants, and other harmful chemicals in other children’s products. PIRG officials want laws and chemical policies modified to insure tougher protection against these dangerous chemicals.

In the event of injury or death, companies that design, manufacturer, distribute, or sell dangerous, defective, or unsafe products can be held liable for Chicago, Illinois products liability. Manufacturers, distributors, and sellers have a responsibility to buyers to provide products that are hazard-free or, at the very least, provide warning of a potential hazard if a product is used in a certain manner.

Related Web Resources:
"Chemical Compliance: Testing for Toxics in Children's Products", Illinoispirg.org (PDF)

Related Web Resources:
HealthyStuff.org

linois Public Interest Research Group

Consumer Product Safety Commission

Continue reading "Chicago Products Liability?: Toys and Other Kids’ Products Sold in Area Stores Violate Chemical Standards, Say Consumer Advocates" »

42 people are now suing Chicago police Officer Richard Fiorito for making false DUI arrests. The plaintiffs are accusing the Chicago cop of targeting gay and disabled people and abusing and harassing them while falsely arresting them for drunk driving.

A Cook County grand jury has been investigating the allegations against Fiorito, who was ordered to use surveillance equipment because of the complaints. So far, he has not been indicted.

Footage shows him following a vehicle driven by Christopher Quinn in June. Fiorito wrote in his police report that the suspect was “driving recklessly” and he arrested Quinn for DUI. The criminal charge against Quinn was dropped, however, because the video did not show what Fiorito reported.

Video also shows Fiorito arresting Michael Vaughn because he allegedly failed sobriety tests. A judge lifted the suspension against Vaughn’s license last week.

Despite the allegations and questions about Fiorito’s trustworthiness, Cook County prosecutors keep using him as a witness in DUI cases.

Making a false arrest is a violation of one’s civil rights and can be grounds for a Chicago police brutality lawsuit. Recently, Clinton Ware filed her own Chicago police misconduct complaint. Ware says that Officer Joe Parker falsely arrested her for DUI so he could appear in court and receive overtime pay. The charges against Ware have been dropped.

Meantime, Parker has resigned. He is ranked #8 in Illinois among cops who issue the most DUI citations. Chicago officer John Hale is number one on the list of DUI cops. He made 718 arrests between 2005 and 2006. He served as witness in hundreds of Chicago DUI cases and was eventually indicted for misconduct, perjury, and obstruction of justice. Fiorito has also been accused of trying to earn overtime pay with his allegedly bogus DUI arrests.

Cop sued for alleged false DUI arrests, ABC Local, November 5, 2009

Chicago Police Accused of Making False DUI Arrests to Earn Overtime Pay, All Gov, November 5, 2009

Dozens join lawsuit against Chicago police officer, The Spectator, October 8, 2009

Related Web Resource:
Chicago Police

On Monday, Ebere Ozonwu experienced a horrifying moment when the doors of a Red Line train shut on her 22-month-old daughter’s stroller, dragging the toddler and the carriage down the platform as it left the station.

The little girl, Rachel, ended up some 10 feet past the platform on the gravel after she was thrown from the stroller as it hit a metal barrier at what may have been a speed of about 15 to 20 mph. Rachel, who landed on her back, sustained minor injuries from the CTA train accident.

Investigators are trying to determine how such a dangerous incident could have happened. According to Amalgamated Transit Union's Local 308 president Robert Kelly in the Chicago Tribune, operator error and machine malfunction would have both had to occur in order for this kind of injury accident to happen.

The CTA has suspended the train operator while the preliminary probe takes place and Chicago police are also investigating the Chicago train accident. The train operator says that the sensors did not go off to let her know there was something trapped in the doors as she left the Rogers Park station. Kelly also says the train shouldn’t have been able to move if it had detected that a door was not shut.

Even with the sensor system, CTA train drivers are still required to stick their heads out of the cab to make sure all the doors are closed. Per CTA procedure, the driver needs to check outside the cab before leaving the station. The train operator says she made the check and did not see the stroller.

The train proceeded to make five more stops before the stroller was discovered.

Injuries to Minors
While minors cannot file their own Chicago injury lawsuits, a parent or guardian can make the Illinois injuries to minor claim for them. Toddlers, babies, and kids are especially susceptible to fatal injuries during Chicago fall accidents, train crashes, and motor vehicle collisions.

CTA and baby stroller: Questions arise after mother says girl thrown from stroller at Morse "L" platform, Chicago Tribune, November 4, 2009

Toddler thrown onto CTA tracks in accident, ABC, November 3, 2009

Related Web Resource:
Chicago Transit Authority

The Independent Police Review Authority is reporting a nearly 19% increase in the number of complaints alleging Chicago police misconduct. The rise began in March when the number of complaints went up from about 2,300 complaints every three months to 2,600 complaints and then approximately 2,800 complaints.

According to IPRA Chief Administrator Ilana Rosenzweig, it is not known at this time whether the increase in the number of complaints is a result of more incidents involving “perceived misconduct,” more people willing to report the allegations, or more “aggressive policing.”

Our Chicago police brutality law firm wants to remind you that police violence, including excessive use of force when apprehending a suspect or guarding a prisoner, is never acceptable and can be grounds for a Chicago, Illinois injury lawsuit against the liable parties. Unfortunately, many people are scared to report incidents of police misconduct and abuse. Chicago police brutality is illegal and offending officers should be prosecuted.

Tracy Siska, who runs the Chicago Justice Project, says the Independent Police Review Authority or internal affairs is usually tasked with investigating complaints of police misconduct. The majority of cases are tossed out. The remaining cases are sent to Chicago’s Police Superintendent.

When the Chicago Police Superintendent wants to fire a cop, the Chicago Police Board must approve the decision. However, according to a Chicago Justice Project study released last week, the board normally overrules the superintendent in 2/3rds of the cases involving a firing decision.

Chicago Police Brutality Lawsuits
Even if the police officer that abused you is not punished in criminal court or fired from his or her job, you can still hold the offending cop liable in civil court.

Study: Police Board Doesn't Fire Many Cops, WBEZ.org, October 29, 2009

Police misconduct allegations up almost 19%, Chicago Tribune, October 30, 2009

Related Web Resources:
Chicago Police

Chicago Justice Project

Continue reading "Chicago Police Misconduct Allegations Increase by Nearly 19% " »