Chicago Injury Attorney Blog

A jury has awarded a $6 million Lake County, Illinois wrongful death verdict to the half-brother and mother of Justin Newman, who was murdered by Ari Squire.

According to authorities, in 2008 Squire, 40, got the 20-year-old victim to come to his house by pretending to offer him a construction job. They say that Squire murdered Newman, switched clothes, and left his wallet and identification on the Arlington Heights man before setting him on fire and dropping a diesel truck on his body. The physical damage was so severe that a DNA test was required to identify him.

Police used the Newman's cell phone, car, and debit card data to find Squire, who was in Missouri. He shot himself before they could apprehend him.

The plaintiffs, Donna FioRito and Frank Testa III, accused Squire’s wife Denise of conspiring with her deceased husband to fake his death, which included the plan to murder Newman. Illinois law holds co-conspirators liable in wrongful death cases.

Squire’s $5 million life insurance was payable to his wife, sister, and business partner Joseph Vaccaro upon his death. Police found email between the couple that were sent and received after his "murder."

Denise has not been criminally charged in Newman’s murder. The FBI and federal prosecutors are now handling the matter.

Testa and FioRito are also suing Vaccaro for Illinois wrongful death. They claim that he too conspired to fake Squire’s murder.

Chicago, Illinois Wrongful Death
There may be more than one party who should be held liable in civil court for your loved one’s Chicago wrongful death. Losing someone you love is always tragic, and you can hold reckless, negligent, careless, or malicious persons and entities liable if they contributed to causing the fatality.

Lake Barrington widow found liable in wrongful death scheme, Daily Herald, February 25, 2010

Police: Man faked own death, then committed suicide, ABC7News, March 7, 2008

Related Web Resource:
Illinois Wrongful Death Act

The Chicago Board of Education and the Chicago Youth Centers have reached a nearly $14.7 million Chicago, Illinois personal injury settlement with Ryan Murray. The 30-year-old Chicago resident was just 13 when he got hurt during a tumbling class at a South Side elementary school in December 1992. A Chicago Youth Centers employee was supervising the class, and the trampoline belonged to the Chicago Public Schools.

After striking his head while jumping off a mini-trampoline, Murray became a paraplegic. He filed a Chicago personal injury complaint suing for damages.

His Chicago injury lawsuit has been making its way through the Illinois court system for years. The Illinois Supreme Court tossed out the complaint in 2006 after determining that Murray couldn’t sue a government entity. The state’s highest court says that in order to be considered an exception to the law that doesn’t allow injured parties to sue government bodies, the injury needed to have been intentional.

Murray’s Chicago personal injury lawyer, however, argued that the school and others involved were reckless in the way that they conducted the class, which was an extracurricular activity that took place at lunch. The Illinois Supreme Court agreed to hear the case again and in 2007, reversed itself, making way for the Illinois injury lawsuit to move forward.

The Cook County injury trial had been scheduled for this month.

Quadriplegia
This condition, which involves a spinal cord injury, leaves a person paralyzed from the neck down. Quadriplegics are generally unable to move their bodies and they may also suffer from digestion problems, respiratory issues, serious pain, sexual dysfunction, bowel issues, bladder problems, muscle spasms, and a shorter lifespan. The medical expenses for someone leaving with this type of SCI can be astronomical, which is one reason it is important to obtain the maximum financial recovery from all liable parties.

$14.7 million settlement in trampoline suit against CPS, Chicago Breaking News, February 25, 2010

17 years later, $14.6M settlement in trampoline injury suit, Chicago Sun Times, February 25, 2010

Related Web Resources:
Chicago Board of Education

Chicago Youth Centers

In Cook County Circuit Court, Raymond Cirimele is suing Mincing Overseas Spice Company, Wholesome Spice, and meat company Daniele International Inc. for Chicago personal injury. The 55-year-old Chicago resident says he contracted salmonella after eating salami, which is his favorite snack.

Cirimele, who is out of work, says he lost six pounds, was sick for three weeks, and continues to experience joint pain. He tested positive for the bacteria connected to the nationwide salmonella outbreak and had to take antibiotics.

A couple of weeks ago Costco sent him a recall notice regarding the salami. The meat company recalled over 1 million pounds of salami in January, temporarily stopped making salami items, and replaced its spice suppliers.

So far, the Centers for Disease Control and Prevention is reporting that 225 people in the US have been affected by the salmonella outbreak. 15 of them live in Illinois. Wholesome Spice has been pointed to as the likely source.

Also this month, 61-year-old Harold Hanks sued Wholesome Spice and Daniele for his foodborne illness. Hanks bought the salami products at Wal-Mart and got sick within days of eating the food items. Nausea, diarrhea, severe dehydration, and a bacterial infection led to him making a trip to the hospital emergency room.

Three kinds of Salmonella:

• Gastroenteritis
• Bacteremia
• Typhoid fever

Possible salmonella infection complications include bacteremia, typhoid fever, and Reiter’s syndrome. Salmonellosis, an infection, can lead to death, especially if the patient is a baby, an elderly person, or another person with a weakened immune system.

You may have grounds for filing a Chicago, Illinois products liability lawsuit against a food manufacturer, retailer, or distributor responsible for the food item that made you ill.

Chicago man sues claiming salami made him sick, Associated Press, February 12, 2010

61-year-old man sues national company, News-Leader, February 13, 2010

Related Web Resources:
Salmonellosis, CDC

Daniele International Inc.

According to a senate report released today, pharmaceutical drug manufacturer GlaxoSmithKline knew that that Avandia was causing about 500 heart attacks a month yet failed to pull the drug off the market despite the US Food and Drug Administration’s recommendation that the company do so 2008. 304 fatalities were linked to this medication during 2009’s third quarter. The diabetes drug is still available for use to this day, and hundreds of thousands of people continue to take it.

The report claims that the drug manufacturer has known for years about the heart attack risk created by taking Avandia and asked doctors not to warn about this possible side effect. The diabetes drug, which has been available since 1999, made $3 billion in 2006. Sales went down to $1.2 billion last year after the New England Journal of Medicine published a study reporting that people who take Avandia may increase their heart attack risk by 43%.

In 2008, FDA officials found that not only did Avandia increase a user’s heart attack risk, but it wasn’t any more effective than rival drug Actos. In 2007, the Journal of the American Medical Association published a study that concluded that use of Avandia increased heart failure risk by 60%, heart attack risk by 40%, and one’s fatality risk by 29%.

Avandia is usually prescribed to people suffering from Type 2 diabetes. The New York Times says that if all Avandia users were given Actos instead, about 300 heart failure cases and 500 heart attacks would be avoided each month. Meantime, Glaxo denies that Avandia is a heart risk.

Dangerous Drugs
Our Chicago, Illinois products liability lawyers represent clients who were injured, became sick, or died from a dangerous pharmaceutical drug. Drug manufacturers are supposed to make products that are safe for people to take. You may have grounds for filing a dangerous drug lawsuit if a pharmaceutical company makes a dangerous drug, fails to warn of certain side effects, or tries to conceal the risks associated with the medication.

Glaxo Knew Avandia Caused Heart Risk, Report Says (Update1), BusinessWeek, February 20, 2010

Research Ties Diabetes Drug to Heart Woes, New York Times, February 19, 2010

Related Web Resources:
Avandia Press Kit, GSK

Type 2 Diabetes, American Diabetes Association

US Food and Drug Administration

A woman who says she never gave her ex-boyfriend permission to shoot video footage of the two of them having sex is suing him for Chicago personal injury. In her Cook County injury lawsuit, “Jane Doe” is seeking at least $50,000 in damages.

She claims that she was emotionally devastated and very embarrassed to discover that a sex video existed. She is accusing her ex-boyfriend of violating Illinois’s eavesdropping law that requires that everyone included in a recording be notified.

Jane Doe says she and the defendant were last together in April 2008. However, it wasn’t until last year when another ex-girlfriend of the man let her know that the video existed. The woman sent the CD to Jane Doe, who says that she was so affected by the discovery that she is now frightened to become emotionally involved with another person in case she gets hurt again. Jane Doe says there was nothing in her ex-boyfriend’s South Loop Apartment to indicate that their activities were being recorded. The plaintiff’s Chicago injury lawyer says that he and his client believe that the sex footage has been shown to others.

Meantime, the defendant of Jane Doe’s Chicago, Illinois personal injury lawsuit has denied the allegations to The Sun-Times.

Chicago Personal Injury Lawsuits
A person can sue for Chicago, Illinois personal injury as a result of both physical and emotional injuries that were caused by another party's negligence, carelessness, or recklessness. Grief, depression, embarrassment, emotional trauma, mental anguish, anxiety, and fright are some of the emotional injuries a person can sustain.

Woman sues ex for making sex tape without her permission, Chicago Sun-Times, February 17, 2010

Related Web Resource:
Types of Personal Injury Damages, Justia

Illinois Eavesdropping Statute, The Reporters Committee for Freedom of the Press

A judge in DuPage County wants a jury to decide whether a golfer should be held liable for his ball that accidentally struck a woman on the head. Raymond Kinney, a Naperville businessman, was playing golf on August 25 at the DuPage County Republican Day, sponsored by St. Andrews Golf & Country Club, when his ball flew into West Chicago resident Lillian Demo's yard, which is located next to the golf course.

Demo filed a DuPage County personal injury lawsuit against Kinney in 2007. She is also suing St. Andrew. Demo claims that her migraine headaches are a result of the golf accident. She also contends that her permanent and serious injuries have impeded her daily life.

In her Illinois personal injury complaint, Demo accuses Kinney of failing to properly aim his shot, incorrectly executing his swing, and failing to warn her that a golf ball was approaching. Meantime, Kinney claims that someone in his party shouted “fore” to warn that there was an errant golf ball might pose a hazard to others.

Judge John T. Elsner said that golfers must be careful and not cause injury to anyone on or near the golf course. Also, Illinois doesn’t have a law stating that people who buy residences next to golf course are assuming the risk of possibly getting struck by any balls.

Errant golf balls can cause serious injuries and Demo’s West Chicago injury lawsuit is not the first one filed by someone suing for damages for a resulting injury. Other golf-related matters that have been cited as grounds for a personal injury lawsuit are golf cart accidents, and fall accidents on the course or at the golf club.

Judge: jury to consider negligence in golf lawsuit, Chicago Tribune, February 11, 2010

Slice could leave golfer on hook in lawsuit, Naperville Sun, February 14, 2010

Related Web Resource:
Andrews Golf & Country Club

A Chicago couple is suing Evanston Hospital and NorthShore University HealthSystem for Cook County medical malpractice. Jennifer Spiegel is seeking at least $30,000 in Illinois personal injury damages after she was given the wrong newborn to breastfeed.

She says that a nurse woke her up at around 4am the day after delivery and told her that her “son” wanted her. While Spiegel breastfed him, a nurse walked in and saw the mix-up. Spiegel, 33, says the mistake made her feel “awful.” She also became worried that maybe her baby, Logan, had gone to someone else.

She asked for him immediately after the mistake was discovered, and he stayed in the room with her until they were discharged.

Fortunately, no one got hurt or fell ill. However, Spiegel contends that she never agreed to feed someone else’s baby. She also doesn’t know how the mix-up occurred as she, her husband, and their baby all were required to wear matching bracelets and identification numbers.

The birth of a baby is such a precious time for a family. It is the responsibility of doctors, nurses, and hospitals to make sure that the experience is free of any medical mistakes that can cause any type of injury to mother or child. Giving a child to the wrong parent to bring home is another example of a medical mix-up that can be traumatic for everyone involved. Some other kinds of medical errors that can be grounds for an Illinois medical malpractice lawsuit include delayed cesarean birth, failure to monitor the mother or child’s vitals, gynecological errors, forceps errors, and failing to deliver the infant in a timely manner.

Couple sues over being given wrong baby, Sun-Times, February 13, 2010

Related Web Resources:
Evanston Hospital, NorthShore

Medical Malpractice Overview, Justia

Premise owners are responsible for making sure that there are no slippery, icy, or wet substances or patches on a property that can cause a patron, a tenant, or a visitor to get hurt in an Illinois slip and fall accident. Otherwise, an injured parties may have grounds for filing a premises liability claim.

Recently, Kimberly S. Jarnagin filed a Bethalto slip and fall lawsuit against Deb's Barber and Salon for injuries she sustained when she slid on mud, water, and debris in the parking lot of a building where she was renting office space. The building belongs to Debra Lowenstein.

Jarnagin claims she sustained painful, serious, and permanent injuries, incurred medical expenses, and lost wages. She accuses Lowenstein of failing to make sure the parking lot had a drain pipe and gutter system that would have prevented the mud and water from accumulating. Jarnagin also is claiming that the defendant failed to warn about the dangers posed by the debris and water. Jarnagin is seeking over $50,000.

In another Illinois slip and fall incident, Ed Adams claims he tore his rotator cuff after he slipped on ice at the home of Rolf and Betty Jacobsen on February 3, 2008.

Adams says that he was helping another guest who had slipped and fallen outside the couple's home when he also slipped on an unnatural accumulation of ice on a sloped area. The plaintiff claims that his right shoulder was injured and he experienced pain, disability, and loss of his normal life as a result. The plaintiff is seeking over $100,000 from the Jacobsens. He blames them for allowing such a dangerous condition to exist on their property.

Man slips on ice while helping someone who slipped on ice, The Record, February 10, 2010

Woman slips on water, mud and debris in Bethalto parking lot, The Record, February 11, 2010

Related Web Resources:
Slip and Fall, Nolo

Premises Liability, Justia

Candice Williams is seeking $50 million in compensatory damages and $50 million in punitive damages for the death of her unborn fetus. Williams was a pregnant high school senior in 2008 when police allegedly used excessive force to drag her from Crete-Monee High School, push her to the ground, and knee her back.

Williams says that because of the incident, the fetus she was carrying did not survive. She filed her Will County wrongful death lawsuit last year.

Now, Williams is accusing one of the school security guards who participated in her arrest of being prejudiced. Williams is black. The guard, Marilyn Reid, is white. In court documents filed in Chicago yesterday, Reid is accused of using the “n-word” when dealing with a black suspect and of showing a paper version of a Ku Klux Klan mask to a black co-worker.

Williams says problems with the school’s security team began when she and other schoolmates complained to the school superintended about the inadequate security at the school. She claims that while waiting for a bus at around 5:30 on April 3, 2008, Reid and another guard ordered students to exit the building. The plaintiff says she went toward the exit but waited in a vestibule because she was anemic, pregnant, and cold. A teacher accused her of trespassing and asked the guards to contact the authorities.

When police officers arrived, Williams claims that Reid pointed toward her, and the cops pushed her. She says that they were told she was pregnant, but that didn’t stop Officer Richard Pasquini from using his knee to strike her in the back. He also allegedly threatened to Taser her. The following day, Williams learned that her 9-week-old fetus did not have a heartbeat. She also says that her college scholarship was taken away.

The officers have denied using excessive violence when apprehending Williams, who was charged with trespassing. She was later found not guilty.

Illinois Police Brutality
If you were the victim of excessive use of force by police, you should explore your legal options for filing an Illinois police brutality claim immediately. Even if the officers deny using violence and no formal charges are filed against them, your Will County, Illinois police brutality lawyer may be able to prove liability and negligence so that you can obtain the injury compensation owed to you. Verbal abuse, sexual assault, physical violence, psychological violence, and emotional abuse are just some examples of police violence. Not only is Chicago police brutality a violation of your civil rights but it can lead to personal injury and wrongful death. If your injury occurred on someone else's property, you may have grounds for filing a Chicago premises liability lawsuit.

Suit: Arrest killed fetus, Sun-Times, February 10, 2010

Related Web Resources:
Crete-Monee High School

Top 5 Police Brutality Videos

In a split decision, the Illinois Supreme Court last week ruled that placing caps on medical malpractice awards in certain cases is unconstitutional. This is the third time the state’s highest court has rejected the caps.

The court struck down a medical malpractice reform law, enacted in 2005, that limited awards to $1 million when the Illinois injury case is against a hospital and $500,000 when the defendants in the lawsuit are doctors. The justices said that while lawmakers could re-enact some of the provisions, this liberty does not apply to the caps on what malpractice plaintiffs can win in court.

The court said the caps infringe on the powers of the judiciary and are in violation of the separation of powers. The justices also handed more power to state regulators, allowing them to change malpractice insurance rates, punish negligent doctors, and investigate complaints.

The case involved Abigaile Lebron. The 4-year-old suffered a traumatic brain injury during her birth in 2005. As a result of her birth injuries, she has to be fed through a tube from now on and she will never fully develop the way other girls her age will. More than likely, Abigaile will never be able to live alone.

Following her birth, Abigaile's family filed a Cook County medical malpractice lawsuit against a doctor and a hospital, claiming birthing malpractice. The defendants have denied the allegations.

While trial lawyers are celebrating the Illinois Supreme Court’s decision to strike down the caps, those in the medical profession are disappointed.

Birthing Malpractice
If your son or daughter’s life has been forever ruined because he or she suffered birthing injuries that are a result of birthing malpractice, you may have grounds for filing a Chicago, Illinois medical malpractice lawsuit.

Common Kinds of Birth Injuries:

• Caput Succedaneum

• Cerebral Palsy

• Forceps injuries

• Subconjunctival Hemorrhage

• Cephalohematoma

• Brachial Palsy

• Traumatic Brain Injuries

• Facial Paralysis

• Bone fractures

In many cases, these injuries could have been avoided if only a doctor, surgeon, obstetrician, or another medical provider hadn’t been negligent.

Ill. medical malpractice caps unconstitutional, BusinessWeek, February 5, 2010

Medical Malpractice Caps Nixed in Illinois, The Wall Street Journal, February 4, 2010

Related Web Resources:

Continue reading "Illinois Supreme Court Says Medical Malpractice Caps are Unconstitutional" »

A woman who says that doctors at Northwestern Memorial Hospital failed to aggressively treat her malaria is suing the Illinois hospital for Chicago medical malpractice. Dawn Dubsky is now an amputee. She says that doctors at another hospital saved her life but they were forced to amputate her legs and arms.

Dubsky contracted malaria after a mosquito bit her in 2008 while she was in the West Africa Republic of Ghana. After returning to Chicago, Dubsky went to the emergency room at Northwestern after she began to experience severe fatigue and suffer serious headaches.

A doctor there prescribed quinine sulfate tablets, which is a standard treatment for malaria, but the then-32-year-old’s medical condition grew worse. Dubsky’s blood pressure dropped and she developed jaundice on her skin. She also appeared to be suffering from the beginning stages of disseminated intravascular coagulation, her kidneys showed signs of failure, and there were indications that she was about to go into septic shock.

Doctors at Northwestern were able to stabilize Dubsky's condition. She was transferred to University of Chicago Medical Center, and the doctors there amputated her lower legs and arms in order to save her life. Dubsky’s family says that she was devastated when she found out what had happened to her. She later suffered health complications.

Dubksy’s Cook County medical malpractice lawyer says that doctors at Northwestern made a medical mistake when, despite the evidence, they treated her client’s serious condition as if it were “simple, non-complicated malaria.”

Malaria
1 million people in the developing world die from malaria every year, and although it has been over 50 years since the disease was eliminated from the US, people can still bring it home with them after traveling abroad. It is important that doctors not only diagnose the kind of malaria the patient is suffering from but that they administer the proper care in a timely manner. Otherwise, the health consequences for some malaria patients can be catastrophic.

Some of the Symptoms of Malaria:

• Fever
• Vomiting
• Nausea
• Chills
• Diarrhea
• Jaundice
• Anemia

Woman suing hospital for malaria treatment, UPI, February 4, 2010

Fight against malaria: Battle of life and death, Chicago Tribune, November 26, 2009

Related Web Resources:
Malaria, CDC

Northwestern Memorial Hospital

The family of Juan Robles is suing the Chicago police for his Illinois wrongful death. Robles, 28, was shot last September 27 during a police pursuit in Ashburn.

The deadly incident occurred at around 11:55 pm. Police say they spotted a vehicle on South Kedzie Avenue that they believed was involved in a weapons violation. They tried to pull the car over but Robles wouldn’t stop and proceeded to accidentally strike two vehicles, causing his car to become disabled.

Police say that Robles was carrying a handgun when he excited the vehicle and tried to run away. The officers started chasing him on foot. They claim that Robles then turned around, pointing the gun at the cops. That is when police fatally shot him.

One officer injured his arm during the police pursuit. However, the cop's injury was not a gunshot wound.

Now, Robles’s family is seeking at least $100,000 and claiming Chicago police brutality. They say that the officers that chased after Robles used excessive force and neglected to provide him timely medical attention after they shot him in the back multiple times.

The Independent Police Review Authority is investigating the deadly shooting but has yet to release their findings.

If your loved one was injured, abused, or killed by Chicago police, it is a good idea to speak with a Cook County police brutality law firm to determine if the incident is grounds for an Illinois injury complaint or a wrongful death lawsuit. Police are never allowed to use excessive force at any time.

Suit filed over police-involved fatal shooting, Chicago Breaking News, January 26, 2010

Police shoot, kill armed man on Southwest Side, Chicago Breaking News, September 27, 2009

Related Web Resources:
Independent Police Review Authority

Chicago Police, ClearPath