Chicago Injury Attorney Blog

Jonathan and Ashley Cooper are suing the city of Chicago and Chicago police for Illinois police brutality. The ex-Bellwood cop and his spouse were arrested on January 29 while they were doing maintenance on a foreclosed home.

A neighbor who thought they were burglars contacted 911. The police came, arrested the couple, and they were transported to the 8th Police District precinct where Ashley was strip-searched. They were later released from jail. No charges were filed against Ashley. Meantime, Jonathan was charged with weapons violations because he had a gun in his auto and burglary.

In June, a judge threw out the arrest. The Cook County State’s Attorney’s office is not pursuing the case and prosecutors also dropped the weapons charge against Jonathan.

The Coopers’ Chicago police brutality lawsuit claims the couple was arrested under false pretenses. In the complaint, the couple said that police arrested them even after seeing their work order that gave them permission to be on the premise.

They are also accusing a Chicago cop of giving false testimony under oath when he said he did not see the work order and that there was a loaded gun on the floor of the couple’s vehicle. The Coopers say that Jonathan legally owns the weapon. They maintain that the gun was disassembled and its magazine was stored in the glove compartment.

The Coopers are seeking at least $50,000 in damages.

False Arrests
Arresting someone without just cause can be grounds for a Chicago police brutality lawsuit. Cops are not allowed to use excessive force or abuse their authority when doing their job. Making a false arrest is a violation of a person's civil rights.

Suit: Couple mistaken for burglars while performing house repair, WBBM, December 30, 2009

City, cops sued in false-arrest claim, Chicago Sun-Times, December 31, 2009

Related Web Resources:
Chicago Police Department

City of Chicago

Police Brutality and Misconduct, New York Times

A woman who says she was the victim of an assault crime while riding a Green Line train on January 12 is suing the Chicago Transit Authority for Illinois personal injury. Katherine Willeke says that the “panic button” was inaccessible when she tried to call for help as two youths stole another passenger’s wallet.

Willeke says that as she tried contacting 911 on her cell phone, the two assailants used a metal object to strike her body and head multiple times. They then ran off the train close to the Laramie and Cicero stops.

Willeke’s Chicago personal injury lawsuit contends that the CTA disabled the emergency call button when they blocked it off from passengers. She also says that the train operator saw the attacks but failed to call for help.

Chicago train crashes are not the only kinds of train accidents that can cause personal injury. Recently, there have been incidents involving Chicago trains that have endangered people’s lives.

On December 19, a Chicago train left a station while a 4-year-old’s foot was stuck in one of the train doors. The doors first shut on the boy’s chest before opening briefly and then closing again on his leg. His mother, Eileen Kermer says that as the train started to move, she began frantically pulling at her son to free him. Fortunately, the boy was able to free him by removing foot from his boot. He did not sustain any physical injuries.

Kermer says that there wasn’t a conductor to make sure that all doors were clear for departure at the station where they got off. According to METRA, train crew personnel are supposed to make sure that all doors and platforms are free and clear before a train can leave the station.

Just last month, the doors of another Chicago train closed on a stroller that was carrying a 22-month-old girl. The train pulled the stroller with it and the toddler suffered minor injuries after she was thrown from the stroller and landed on her back.

L rider sues over faulty 'panic button', Chicago Sun Times, December 30, 2009

2 suspended for foot caught in train doors, UPI, December 22, 2009

Chicago Train Drags 22-Month-Old Girl in Stroller, Chicago Injury Attorney, November 4, 2009

Related Web Resource:
Chicago Transit Authority

An Illinois-based toymaker has consented to pay a civil penalty of $1.25 million for importing and selling toys containing excessive levels of lead. The Consumer Product Safety Commission had accused RC2 Corp. and its Learning Curve Brand Inc. unit of knowingly bringing into the country and selling a number of Thomas and Friends railway products that had too much lead in their paints or other surface coatings.

RC2 denies knowing it was violating the US’s lead paint ban and says all toys involved in the civil settlement were recalled in 2007. The toy manufacturer maintains that toy safety is its leading priority.

Since 1978, kids products were not allowed to contain over 600 parts per million of lead by weight in coatings or paints. However the Consumer Product Safety Improvement Act of 2008 reduced that limit even further to 90 parts per million in the wake of the millions of toys, many of them made in China, that have been recalled over the past few years due to too much lead.

Exposure to excessive levels of lead is dangerous for kids and can cause permanent personal injuries, including brain damage, organ damage, learning disabilities, decreased IQ, behavioral issues, and death. A toy manufacturer or distributor can be held liable for Illinois products liability if a child were to suffer from lead poisoning because a toy, a crib, a nursery product, or some other type of consumer good contained too much lead.

RC2 isn’t the only toy company that has had to pay fines for importing and distributing toys with excessive levels of led. Earlier this year, Mattel Inc. and Fisher-Price were fined $2.3 million for similar violations.

Oak Brook toymaker RC2 Corp. to pay $1.25 million fine over lead in paint, Chicago Tribune, December 29, 2009

RC2 Corp. to Pay $1.25 Million Civil Penalty, Wall Street Journal, December 29, 2009

Related Web Resources:
Consumer Product Safety Improvement Act of 2008

RC2 Corp.

Lead Poisoning, Mayo Clinic

Continue reading "Oak Brook Toymaker Agrees to Pay $1.25 Million Penalty for Lead Paint Toys " »

The executor of Lori Elizabeth Plumb’s estate is suing Dr. Tibor Kopjas, physician’s assistant Natalie Redmond Menossi, pharmacist Richard Sprehe. and Medicine Express for her Illinois wrongful death. Ronald Plumb says Lori Plumb died from polypharmacy overdose on December 19, 2007.

He claims Kopjas and Menossi prescribed multiple medicines for Lori, including Lexapro, Levothyroxine, Fluoxetine, Mirtazapine, Triamterene, Bumetanide, Alprazolam, Cytomel, Busiprone, Azithromycin, Protax , Remeron, Tramadoland, and Darvocet, and that some prescriptions and refills were made without the medical team actually seeing the patient. Ronald says that Medicine Express and Sprehe failed to properly fill some of Lori’s prescriptions and failed to follow the doctor's directions when filling one prescription order.

As a result of all the medicines she was ingesting, Lori sustained injuries to her immune, nervous, respiratory, and cardiovascular systems. Ronald also says that she experienced low potassium levels and suffered extended and acute mental and physical pain prior to her death. Lori leaves behind two minor children who must now grow up without their mother’s guidance, financial support, companionship, and love.

Ronald is accusing Menossi and Kopjas of Illinois medical malpractice, including failure to properly treat Lori and prescribing medications that were unsafe for her. He claims that Medicine Express and Sprehe committed pharmaceutical malpractice that contributed to her Illinois wrongful death.

Ronald is seeking over $550,000, in addition to costs, other relief, and interest.

Medication Mistakes and Pharmacy Errors
Prescribing drugs to a patient is an important step in treatment, and doctors cannot afford to make prescription mistakes, which can lead to adverse reactions, dangerous side effects, illness, and death. Meantime, pharmacists are responsible for making sure that they fill prescriptions correctly and notify customers of any risks associated with taking a particular medication. If a doctor’s handwriting is difficult to read on a prescription, the pharmacy must make sure that they don’t incorrectly decipher the writing and end up giving the patient the wrong medication or the wrong dosage. Medical mistakes and pharmacy errors can kill people.

Woman taking 14 different drugs suffers polypharmacy overdose, suit claims, The Recorder, December 23, 2009

Related Web Resources:
Pharmacists and medical malpractice, Wrong Diagnosis

Medical malpractice: Illinois Supreme Court delays ruling on damages cap case, Chicago Tribune, December 18, 2009

The Illinois Supreme Court has delayed issue a decision over whether medical malpractice caps for hospitals and doctors are constitutional. The Supreme Court had indicated that it might issue a ruling this week.

The Illinois medical malpractice caps for noneconomic damages, $1 million against hospitals and $500,000 against doctors, was signed into law in 2005. The lack of a medical malpractice cap before that was cited by doctors as the reason why many physicians chose to leave the state and practice elsewhere.

This is not the first time the Illinois Supreme Court has been asked to rule on adopted caps. On two other occasions, the high court ruled against them.

The case before the Illinois Supreme Court involves a Cook County Circuit Court case. In 2007, Judge Diane Larsen said that placing a cap on medical malpractice awards is a violation of the Illinois Constitution. She decided that lawmakers are not allowed to interfere with judges and juries' right to figure out the amount of damages that is fair.

Illinois Medical Malpractice
Medical mistakes can be costly and tragic for its victims. Errors by doctors, nurses, surgeons, anesthesiologists, obstetricians, primary care doctors, optometrists, and other medical providers are usually not simple mistakes that can easily be remedied. The pain and suffering, loss, additional medical costs, and other damages can be too much for the victim and family members to bear. Obtaining Chicago medical malpractice recovery can help relieve some of this burden.

Medical malpractice: Illinois Supreme Court delays ruling on damages cap case, Chicago Tribune, December 18, 2009

Ill. high court delays rule on medical malpractice, Google/AP, December 17, 2009

Related Web Resources:
Welcome to Illinois Courts

Damages in Medical Malpractice Cases, Nolo

Continue reading "Illinois Supreme Court Delays Medical Malpractice Damages Cap Ruling" »

With the holiday season now underway, the media and consumer safety groups are cautioning consumers to watch out for toys and other products that can cause injuries to children. It is just as important, however, to remember, that there may be unforeseen dangers to infants and toddlers disguised as furniture in the home.

December has been a busy time for the Consumer Product Safety Commission, which has been announcing multiple recalls of products each week. Many of these products are being recalled because they pose some type of hazard to young children. In particular, the dangers and defects threaten the well-being of infants and young toddlers who are too young to be held accountable for their actions. Product manufacturers, however, can be held liable for designing a defective or dangerous product, which is an issue that our Chicago, Illinois products liability lawyers can discuss with you.

In the meantime, here is a list of some of the larger child product recalls that the CPSC has announced this month:

• Over 50 million shades and roll-up blinds are recalled because they are a possible strangulation hazard. At least 8 deaths and 16 near strangulations are linked to these window coverings. Adults are warned to keep window cords away from children’s reach and to ask for a repair kit. Replacing cordless shades or blinds with cordless window coverings is a safer alternative.

• Two infant suffocation fatalities have led to the recall of 24,000 Amby Baby Motion Beds/Hammocks.

• About 400 LaJobi “Betsy” and “Molly” wooden cribs are recalled because young children might get entrapped and die from strangulation if their heads get caught in the cut-outs in the cribs’ end panels.

Last week, the CPSC also announced that an 11th child fatality is linked to the Simplicity drop-side cribs. Over 2 million Simplicity drop-side cribs have been recalled in the last four years. Entrapment and suffocation were the primary causes of death.

Consumer Product Safety Commission

Related Web Resources:
Safe Kids Worldwide

Raising Children Network

Continue reading "Amby Motion Beds and Hammocks & Roman Shades and Roll-Up Blinds Recalls a Reminder that Dangerous Toys are Not the Only Defective Products Causing Injuries to Young Children" »

Nearly eight months after a Chicago police officer allegedly struck teenager Oscar Guzman in the head with a baton, 17-year-old’s family has filed a civil lawsuit in court alleging Chicago police brutality. The defendants in the case are the City of Chicago, the two officers involved in the alleged assault, and the Independent Police Review Authority.

Guzman has autism. According to a police report, Chicago cops who saw him standing on a Little Village street thought he could be armed because he gestured toward his waist and ran off. They chased him into his family’s restaurant, where he worked, and tried apprehending. Guzman hit the cop’s chest. The cop then tried hitting him on the shoulder but struck his head instead. The officers were patrolling the area because of gang activity.

Guzman’s family, however, says the teenager did not strike the officer. They also claim that the cop hit the boy on the head even though family members at the scene explained that he had special needs. Because of his autism, Guzman walks away from circumstances he does not understand.

The Chicago police brutality complaint also claims that the Independent Police Review Authority, which is tasked with investigating complaints against Chicago cops, employs methods that are biased toward police officers.

Guzman was never charged with committing any crime. He did, however, need eight stitches to sew up the injury he sustained on his head. His family says he was emotionally traumatized by what happened and his sister Nubia is now afraid of police and suffers from night terrors.

Chicago Police Brutality
Our society is no longer ignorant about people with special needs. Like everyone else, special needs individuals have civil rights that should be upheld. Police brutality of any kind is a violation of one’s civil rights.

Even if a police officer isn’t charged with excessive use of force, you still may have grounds for filing a Chicago police brutality lawsuit against the offending cop.

Autistic teen's family sues officers over injury, Chicago Tribune, December 8, 2009

Family Sues Over Alleged Police Beating Of Teen, CBS2, December 7, 2009

Related Web Resources:
Police Brutality Cases Have Cost Chicago $20 Million, The Huffington Post, May 20, 2009

Communities United Against Police Brutality

Thursday’s fire at the high-rise Plaza on DeWitt claimed the life of 1 person and injured 12. Killed in the fire was 84-year-old Beeta Bihl, whose severely burned body was found close to the front of her residence. Among the 12 who were injured, seven were residents and five were firefighters.

Chicago fire officials think that an old toaster in Bihl’s unit may have started the blaze. However, one resident is blaming the tragic incident on the fact that the 44-story building does not have sprinklers in the residential units. The Plaza on DeWitt does have sprinklers in the pump room, parking garage, and trash compactor areas.

According to the Chicago Tribune, Maureen Marley has spent the last eight years trying to get the City Council and her condo board to install the safety devices. She says they have ignored her concerns.

The city of Chicago requires that all high-rises constructed after 1975 have sprinkler systems. Bihl and Marley’s Gold Coast building was built in the 1960’s.

This is not the first fire-related fatality at 260 E. Chestnut Street. Another resident died in 2002 when a fire broke out in her unit. 11 people, 8 of them firefighters, were injured.

Chicago Premises Liability
Property owners and/or management can be held liable for Chicago premises liability if an unsafe condition on a premise that could have or should have been remedied causes injury or death. Slip and fall accidents, dog attacks, inadequate security, safety hazards, falling objects, improperly secured pools and hot tubs, and windows that a person can easily fall out off, are some examples of the many reasons why an injury victim and/or his/her family may choose to pursue an Illinois premises liability or wrongful death claim.

High-rise fire: Resident angry that residential units lacked sprinklers, Chicago Tribune, December 13, 2009

Fatal High-Rise Fire on Chestnut in Chicago Kills Beeta Bihl, Injures 12, Arlington Cardinal, December 10, 2009

Related Web Resources:
Plaza on DeWitt

Department of Buildings, Chicago

Continue reading "Chicago, Illinois High-Rise Building Where Fire Killed 1 Person and Injured 12 Lacked Sprinklers in Units " »

A Chicago jury has awarded $135,000 to a man who says he sustained psychological injuries when a Chicago Transit Authority train derailed and a fire broke out on the Blue Line commuter line on July 11, 2006. The plaintiff, Eduardo Martinez, was riding in the train car that went off the tracks.

Some 1,000 people were on the CTA train at the time. 125 people were injured. Many were treated for minor cuts and bruises, smoke inhalation, and respiratory issues. Some of the victims were admitted to hospitals in critical or serious condition.

Martinez cites post-traumatic stress disorder as one of his psychological injuries. His CTA train accident lawyer says the verdict is acknowledgment by the jury that they understand the toll the Chicago train derailment continues to take on his client’s life. Less than a week after the 2006 incident, Martinez had to take the same train to work.

The National Transportation Safety Board said a weak safety program, hazardous track conditions that should have been corrected, and poor management were to be blamed for the Chicago, Ilinois train accident. The jury awarded Martinez $120,000 for pain and suffering, $14,000 for medical expenses, and $1,000 for lost wages.

Chicago Personal Injury
It is important to remember that emotional damage and mental trauma are also injuries. Emotional and mental injuries can last for years. The victim may have to undergo years of therapy and his or her ability to live a normal life may be impaired.

If you or someone you love was injured in or traumatized by an accident that was caused by someone else caused, you may have grounds for suing the responsible parties for Chicago personal injury.

$135,000 For Passenger In 2006 CTA Derailment, WBBM Newsradio 780, December 15, 2009

CTA Fire, Derailment Forces Blue Line Evacuation, CBS2Chicago, July 11, 2009

Related Web Resources:

The sister of 15-year-old Kiwane Carrington is suing the Illinois city of Champaign and police officer Daniel Norbits for his wrongful death. Kenesha Williams is the representative of her brother’s estate. In her Illinois wrongful death she is alleging police brutality.

The Illinois wrongful death complaint accusing Norbits of shooting the teenager in the chest even though he wasn’t armed and did not pose a threat to the defendants His friend, 16-year-old Jeshuan Manning-Carter faces juvenile delinquency charges of aggravated resisting arrest. The alleged Illinois police brutality incident occurred on October 9. Carrington was well acquainted with the residents of the home where he was shot by police. He stayed the night there often.

Norbits is currently on administrative leave. Finney remains on the job.

Norbits and Champaign Police Chief R. T. Finney were inspecting a possible burglary when the tragic shooting happened. On Tuesday, Julia Rietz, the State’s Attorney for Champaign County issued a report that determined the police shooting was an accident. No criminal charges will be filed.

Champaign officials have vowed to conduct an independent, internal probe into Carrington’s shooting. They are also asking the Federal Bureau of Investigation to conduct an external review of the tragic accident.

Local officials have promised to provide improved police training and work towards cultivating a better relationship between the city’s cops and the black community.

Illinois Police Brutality
Police officers are not allowed to shoot anyone without just cause or provocation. Any kind of excessive use of force, whether physical, verbal, or emotional, is police brutality. A victim of police violence may be entitled to Illinois personal injury compensation.

Other Examples of Chicago, Illinois Police Brutality:

• Illegal or false arrests
• Sexual assault
• Racial profiling
• Intimidation
• Threats
• Molestation
• Rape

Officer won't face criminal charges in Carrington death, The News-Gazette, December 9, 2009

Champaign Police Wants External Review of Carrington Shooting, Illinois Home Page, December 10, 2009

Related Web Resources:
State's Attorney's Report on Death of Kiwane Carrington, Daily Illini, December 9, 2009

Champaign Police Department

In Cook County, Illinois, a jury has awarded Don Duffy, an Irish immigrant, $8.1 million for the catastrophic injuries he sustained in a swimming pool accident. Because of the plaintiff’s assumption of risk, the award amount was reduced to $4 million.

Don Duffy was seriously injured when he dove into a pool at 4am on July 15, 2001. Duffy had never swam in a pool in the US but assumed that one end of the pool would be shallow while the other end would be deep. After stepping into what he thought was the shallow end of the pool, he got out and dove into what he assumed was the “deep” end of the pool that was, in fact, just 3 ½ feet deep. It turns out that both ends of the pool were “shallow” while the deep end of the pool was in the middle. As a result of the Cook County swimming pool accident, Duffy, who sustained a spinal cord injury, is now suffering from incomplete quadriplegia.

Duffy filed an Illinois products liability lawsuit against pool liner maker Latham Plastic and pool installer Black Oak Pool & Supply. During the Cook County personal injury trial, the defendants argued that Duffy, who had just closed a bar prior to the tragic accident, was allegedly drunk and also assumed risk of injury when he dove into a pool without knowing how deep it was. The jury ruled in favor of the plaintiff against the pool installer. It ruled in favor of the pool liner. It found Duffy 50% liable.

Spinal Cord Injury (SCI): Incomplete Quadriplegia
Spinal cord injuries are serious injuries. With incomplete quadriplegia, recovery may vary depending on the seriousness of the SCI, the degree of damage sustained by the spinal cord, and what part of the spine was injured. Some people with incomplete quadriplegia may experience no significant motor function loss but other faculties may be impaired. Some SCI victims may experienced partial motor function loss and/or sensory impairment.

Spinal cord injuries, traumatic brain injuries, and other catastrophic injuries are costly and can be life shattering.

Incomplete Quadriplegia, Spinal Injury Network

Related Web Resources:
National Spinal Cord Injury Association

Water-Related Injuries, CDC

The wife of a Lansing man who sustained a traumatic brain injury when he fell off a golf court is suing Indian Lakes Resort for Illinois personal injury. Sherri Bergfors is seeking damages for her husband’s TBI and her loss of consortium.

Todd R. Bergfors was participating in a golf outing when one of the resort’s employees gave him a ride in a club golf cart. According to the Cook County personal injury complaint, Bergfors was allegedly forced to stand in the area of the cart that is supposed to hold golf clubs. Because the employee allegedly operated the golf cart in a negligent fashion—per the lawsuit, he made a “sharp turn” and drove the cart at an "excessive speed”—Bergfors was injured in a Cook County fall accident when he was thrown from the golf cart.

He now has a TBI. Bergfors’s physicians told a judge in October that their patient was in a coma. His prognosis for recovery is poor.

The couple’s Cook County personal injury complaint also accuses the defendant of improper employee training, failing to warn Bergfors of the dangers associated with standing on the back of a golf cart, and overloading the golf cart that they were using to transport him.

Property owners can be held liable for Cook County, Illinois personal injury if a hazardous condition on a premise that should have or could have been remedied (or should not have existed on the property to begin with) causes the plaintiff to get hurt. Fall accidents can cause serious injuries, such as traumatic brain injuries, spinal cord injuries, broken hips, and dislocated body parts. These kinds of injuries are very painful and costly to treat. Some of them may be permanent. Many Illinois premises liability accidents are avoidable—if only negligence on the liable party's part did not occur.

Man sues resort after fall from golf cart, Chicago Now, November 12, 2009

Woman sues after husband falls off golf cart, My Suburban Life, November 13, 2009

Related Web Resources:
Indian Lakes Resort

UAB study estimates golf cart accidents injure 1,000 people a month, Al.com, June 10, 2008