Chicago Injury Attorney Blog

A woman is seeking unspecified damages for her Cook County personal injuries. Holly Duncan says she got hurt last summer at the B96 Summer Bash that was held in Toyota Park when R & B singer Akon jumped into the crowd.

Duncan claims that his leap caused another concertgoer to fall backwards onto her and her sister. She says she became disfigured and disabled during the Bridgeview premises liability accident and that her injures prevented her from tending to daily duties and regular affairs. She says she will likely need medical and hospital care in the future.

Duncan is suing WBBM-FM Radio, Monterrey Security, Entertainment Group, Andell Sports, and the village of Bridgeview. She is accusing them of negligence for failing to prevent the conditions that caused her personal injuries to occur.

Cook County Premises Liability
Property owners, premise supervisors, and those in charge or affiliated with an event on the property can be held liable for personal injury even if they didn’t directly cause the accident. It is their responsibility to make sure that there are no conditions on the premise that could prove hazardous to patrons, guests, visitors, residents, customers, attendees, or others. If there are any defects or dangers on the property that cannot be removed or fixed, then it is their responsibility to warn others of their existence.

Leap into concert crowd caused injury, lawsuit claims, Chicago Breaking News, March 31, 2010

Read the Complaint (PDF)

Related Web Resource:
Illinois Premises Liability Act

Toyota Park

Continue reading "Cook County Personal Injury Lawsuit Claims Toyota Park Concertgoer Got Hurt When R & B Singer Akon Dove into Crowd " »

At least two DuPage County personal injury lawsuits have been filed against a Subway restaurant in Lombard. The restaurant is linked to an outbreak of the Shigella sonnei bacteria.

DuPage County health officials have confirmed at least 21 cases of Shigella poisoning connected to the Subway food. 7 people had to be hospitalized. On March 4, officials shut down the restaurant, which is located on 1009 East Roosevelt Road.

One Illinois injury lawsuit, filed by Ron and Sarah Bowers, alleges injuries to a minor. They claim that a day after eating a Subway sandwich from the Lombard location, their son JB developed a fever, agonizing cramps, diarrhea, and became so dehydrated that he fainted. He went to see the pediatrician, was diagnosed with having the bacteria, and had to be rehydrated for several hours with intravenous fluids. A few days later, JB had to go to the doctor again because he was still experiencing the same symptoms, in addition to nausea.

Another Shigella sonnei victim, Barbara Romero, claims she too contracted the virus from the same Subway. She says she ate sandwiches from the Subway on February 23 and February 25. On February 27, she developed a high fever, abdominal crams, and diarrhea and started to vomit.

Her husband had to get out of a class to rush her to a Hinsdale hospital. She tested positive for the bacteria and was treated with antibiotics and intravenous fluids. She was hospitalized for a few days, but she says that even after she was discharged she still experienced gastrointestinal problems.

Restaurants are supposed to make sure that the food they serve patrons are not contaminated and the kitchen and its workers meet sanitation and cleanliness requirements. In the event that someone gets sick because food served at a restaurant is tainted or the kitchen is a health hazard, the restaurant owners can be sued for Chicago, Illinois personal injury.

Lawsuits Filed in Subway Shigella Outbreak, Food Safety News, March 12, 2010

Lombard Subway accused of serving bacteria-tainted sandwich, Sun Times, March 12, 2010

Related Web Resources:
Shigella sonnei infection, Wrong Diagnosis

Subway

Infantino is recalling over 1 million baby slings after three infants suffocated to death while using them. The infant slings involved in the recall are the “Wendy Bellisimo" and the “SlingRider.” The Consumer Product Safety Commission is telling consumers to stop using these slings immediately.

Earlier this month, the CPSC had warned users about the baby slings because many parents don’t realize that these infant carriers cause serious injuries to children. If the sling’s fabric ends up covering the baby’s face or the infant’s head is bent over in such a way that breathing becomes too difficult, suffocation can occur. At least 14 child fatalities are linked to baby slings.

According to CNN.com, one infant, 7-day-old Derrik, was fine when his mother, Lisa Cochran, put him in an Infantino “SlingRider” to carry him from Costco to the parking lot on May 7, 2009. But by the time she got to the car, the baby’s coloring was yellow and there were purple spots on his face. The 27-year-old mom called 911, but paramedics could not save her baby.

Derrik died from suffocation/compression asphyxia. Cochran filed a products liability lawsuit over her son’s wrongful death.

Another mother, Anthoinette Medley, lost her son, 3-month-old Nelsir, on February 20, 2009. She was carrying him and his twin on two different slings when she noticed that there was blood on Nelsir’s bib. He was pronounced dead at the hospital. She also plans to sue Infantino for products liability.

A parent should never have to outlive their child. Negligent product manufacturers should be held liable for the death of your baby and the harm that you have suffered. Also, by making the public aware of the product defect, other lives can hopefully be saved.

Grieving mothers blame baby slings for infant deaths, CNN, March 25, 2010

Baby slings linked to three deaths are recalled, Los Angeles Times, March 25, 2010

Related Web Resources:
Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010

Infantino

Continue reading "Over 1 Million Infantino Baby Slings Recalled After Three Suffocation Deaths" »

Two men are suing the city of Chicago for police brutality that they claim occurred outside Arturo’s Tacos on the North Side in Bucktown. Matthew Clark, a University of Chicago Ph.D., and Gregory Malandrucco, a Ph.D. candidate, claim that uniformed and plainclothes officers beat them because they had unintentionally blocked the cops’ way to the restaurant cash register. The police officers then allegedly left the victims in the parking lot and did not attempt to call for medical help.

The plaintiffs say that the Chicago police brutality incident happened on February 6 at around 3am. The two Chicagoans had gotten up to leave after eating at Arturo’s when they came into conflict with one female plainclothes cop and two male plainclothes police officers. Per the Chicago injury lawsuit, one of the male cops pushed Malandrucco because he was blocking the way to the exit or cashier.

The cops then allegedly waited for the men outside the restaurant. The officers started aggressively yelling at the them and one of the cops began punching Clark while the other officers held him down until he became unconscious. More cops reportedly arrived in police cars and assisted in the alleged police beatings. Malandrucco, who was also assaulted, suffered facial wounds. The two victims said that the Chicago cops then told them to forget the assault.

The plaintiffs each sustained multiple injuries, were forced to miss work, and incurred thousands of dollars in medical expenses. Clark has visible scars on his face from the alleged excessive use of police force. Their Chicago, Illinois personal injury complaint claims that two surveillance cameras captured footage of the excessive use of police force. Malandrucco and Clark are seeing unspecified damages.

Chicago Police Brutality
It is outrageous that any police officer would use unnecessary force on anyone—whether for absolutely no reason or under the guise of doing the job. Even if you were arrested, charged, or convicted for a crime, there is no reason why you should become a victim of Chicago, Illinois police brutality.

Suit: Cops Beat Men Outside Taco Restaurant, MyFoxChicago.com, March 23, 20010

Cops Beat Us Unconscious: Suit, NBC Chicago, March 24, 2010

Related Web Resources:
Chicago Police Department

City of Chicago

According to a new report by the CDC, traumatic brain injuries are the cause of 52,000 fatalities and 1.7 million hospital visits every year. The report, called "Traumatic Brain Injury in the United States: Emergency Department Visits, Hospitalizations, and Death," was released earlier this month. March is Brain Injury Awareness moth.

The report notes that TBI deaths make up nearly a third of injury-related fatalities in the US. The incidence rate of brain injury-linked hospitalization and emergency room visits have gone up 19.5% and 14.4% respectively since the 2002-2006 survey period.

More facts mentioned in the CDC report:

• Men are more likely to sustain traumatic brain injuries than women.
• 75% of TBIs are mild traumatic brain injuries, such as concussions.
• 473,947 kids, ages 14 and under, visit US ER’s each year because of TBIs.
• The 75 and older age group has the highest incidence rates of TBI deaths and hospitalization.
• Adults (ages 65 and older), teenagers (ages 15 to 19), and kids (younger than age 5) are at highest risk of sustaining a TBI.
• 35.2% of traumatic brain injuries occur during fall accidents.
• 17.3% of TBIs occur during traffic crashes—the number one cause of TBI deaths.
• 16.5% of TBIs happen because someone was hit by or struck an object.
• Assaults cause 10% of TBIs.
• The cause of 21% of TBIs remains unknown.

Our Chicago, Illinois traumatic brain injury lawyers are familiar with the havoc, pain, and suffering that a TBI can wreak on the victim, family, and friends. Vision loss, memory problems, communication difficulties, chronic pain, seizures, motor control difficulties, aphasia, dysphasia, and coma are just some of the challenging effects of living with a TBI. In addition to the life-altering changes that can result, the financial costs of living with a TBI can be astronomical.

It is so important that you obtain financial recovery from the party or parties responsible for the TBI.

CDC Study Examines Rising Incidence of TBI, Medpagetoday.com, March 19, 2010

Brain Injury Awareness Month 2010, Brain Injury Association of America

Related Web Resources:
Centers for Disease Control and Prevention

Continue reading "About 1.7 Million US Traumatic Brain Injuries Occur Every Year, Reports CDC" »

An Illinois man is suing the Hampton Inn in East Peoria for personal injury. Dale Larson says he got Legionnaire’s disease while in a hotel hot tub and that this caused him to suffer permanent brain damage and catastrophic injuries, including partial paralysis, vision loss, and speech loss.

The 58-year-old plaintiff stayed at the hotel on December 30, 2007. He spent approximately an hour and a half in the hot tub to relieve is lower back pain. He told staffers that the water, which was lukewarm, needed to be hotter. They responded by telling him that even though the tub needed servicing, it was safe for use.

Larson’s Illinois premises liability lawsuit is accusing the hotel of failing to properly sanitize the tub. It also contends that the hotel failed to follow Illinois Department of Public Health regulations for hot tubs. The complaint says that on six occasions, the IDPH had closed the spa to the public. In August 2007, it ordered that the spa be super-chlorinated.

Legionnaire's Disease
Caused by the bacteria Legionella, at least 8,000 people in the US are hospitalized every year because of this illness. Many incidents go unreported or undiagnosed.

Legionella is usually found in warm water, such as the water found in hot water tanks, cooling towers, hot tubs, large plumbing systems, and in certain air conditioners. Legionnaire's Disease isn’t passed between people. People can get it by inhaling vapor or mist that has been contaminated with Legionella. A whirlpool spa that isn’t properly disinfected or cleaned is one place where someone who breathes in the steam might contract this illness.

Elderly persons, smokers, and people with weak immune systems are at risk of getting Legionnaire's Disease. Up to 30% of Legionnaire’s Disease result in fatalities.

If you believe that your illness occurred because a premise owner failed to remove a hazardous or toxic substance from a property or neglected to properly sanitize a facility, you may have grounds for a Chicago, Illinois injury lawsuit.

Man says he got illness from hot tub, PJStar.com, March 15, 2010

Patient Facts: Learn More about Legionnaires' disease, CDC

Related Web Resources:
Illinois Department of Public Health

Legionella

According to the Chicago Sun-Times, the Cook County wrongful death lawsuit filed by the family of baby Kirstin Blockinger against Air Angels and Reach Medical Holdings Inc. is still in the discovery phase. The 14-month-old, who had been diagnosed with failure to thrive, died on October 15, 2008 when the Air Angels helicopter that was taking her to Children’s Memorial Hospital crashed in Aurora.

Her family is accusing helicopter pilot Del Waugh of careless and negligent operation of the medical helicopter. They also contend that Waugh, who was 69, was overstressed following a recent divorce. The plaintiffs are accusing the company of failure to follow federal recommendations for conducting safe flights. Waugh and Air Angels co-workers William Mann and Ron Battiato died in the helicopter crash.

Their Cook County aviation accident lawsuit contends that Waugh was 29 and suffering from overstress that was partially triggered by a recent divorce. They claim that the helicopter company failed to abide by federal safety standards.

Also, according to the National Transportation Safety Board’s report, Waugh did not take the proper steps to get ready for the flight path. He also is accused of filing a flight path that wasn’t high enough to clear the WBIG radio tower that the aircraft struck. The NTSB, however, acknowledged testimony provided by other Air Angels workers, who have stated that Waugh’s demeanor seemed normal and he looked well-rested when he began his shift on the night that the crash happened.

Unfortunately, helicopter medevac crashes can happen. As with all air flights, if the proper procedures aren’t followed, safety mechanisms aren’t in place, the pilot is distracted or lacks the experience or skills to safely fly the helicopter, or the aircraft malfunctions, the risk of an aviation accident happening increases dramatically. In most helicopter crashes, any injuries sustained are usually catastrophic or can prove fatal.

Family pursues lawsuit over crash, Beacon-News, March 17, 2010

Crash victims' families united in grief, Chicago Breaking News, October 16, 2008

Related Web Resources:
National Transportation Safety Board

Plane Accidents Overview, Justia

Continue reading "Family’s Chicago Wrongful Death Lawsuit Against Air Angels Over Fatal Medical Emergency Helicopter Crash is Still in Discovery" »

The Deerfield family of 16-month-old Benjamin Kingan has reached a $2 million Lake County wrongful death agreement with day-care owner Minee-Subee in the Park Inc. Kingan sustained fatal injuries on January 14, 2009 while being cared for at the Lincolnshire facility.

Teacher’s assistant Melissa Calusinski is accused of taking the child, who had been sitting next to his twin, from his high chair and throwing him onto the ground. Benjamin then crawled back to his chair and fell unconscious.

The 23-year-old day-care worker allegedly waited 20 minutes before getting help for the toddler. Benjamin was pronounced dead at a Libertyville hospital. His cause of death was blunt force trauma. The Carpentersville woman is charged with the toddler’s murder.

According to the family’s Chicago wrongful death lawyer, the boy wouldn’t have died if only the day-care center had followed the law. Calusinski had been left alone with eight toddlers when she lost her temper. Day-care owner Judy Katz is accused of instructing employees to lie and tell investigators that the young teacher’s aide had never been left alone with that many kids. Katz is charged with obstruction of justice.

While it would be nice if it were a certainty that all day-care centers provided children with the proper care and made every effort to keep them safe from harm, this isn’t always the case. If your child was injured or died at a day-care center because of negligent or abusive care, you may have grounds for filing a Chicago injuries to minor case.

Injuries to minor lawsuits filed against US daycare-centers have included:

• Parents are accusing one day-care center of feeding their kids pickling salt, which caused burns, vomiting, and nausea, as punishment.

• An 18-month-old child returned from day-care with internal injuries and a broken clavicle. Her parents are alleging abusive care.

• The teenage son of an employee at one day-care center allegedly molested a 5-year-old girl.

Tot's family agrees to $2M settlement with day care, News-Sun, March 6, 2010

Family settles day-care death lawsuit, LincolnshireReview, Mach 5, 2010

Relayed Web Resource:
Illinois Department of Children and Family Services

A woman who says that a well-known surgeon at Northwestern Memorial Hospital placed the wrong device in her heart valve has filed a Chicago, Illinois medical malpractice complaint. Toni Vlahoulis says that before undergoing open-heart surgery for a leaky valve, she was never informed that the Myxo Etlogix Ring, which was inserted into her heart, was not FDA approved.

She says that she thought another mitro valve ring was going to be used instead of the one that her cardiac surgeon, Dr. Patrick McCarthy had invented. Vlahoulis said it was never her intention to be used as a guinea pig for the device.

Since McCarthy performed the heart surgery, Vlahoulis has undergone another one to have the ring taken out. While the Chicago injury plaintiff isn’t saying that the medical device was defective or malfunctioned, she is claiming that she did not give her consent to have the experimental ring placed in her body.

The Chicago hospital and McCarthy disagree with Vlahoulis’s accusations that the Myxo Ring is an experimental device. The ring’s manufacturer, Edwards Lifesciences, says that it followed the FDA guidelines.

McCarthy performed over 150 surgeries using the ring before the FDA asked its manufacturer to pull the device from the market. Last year, the agency cleared the device under a different name.

Currently, a medical device doesn’t need FDA approval if it is only a little different from medical devices that already been approved. Manufacturers are the ones to determine whether any difference is enough to require approval.

Informed Consent
A doctor performing a medical procedure must obtain the patient’s informed consent. In addition to getting the patient’s permission to do the procedure, the doctor must explain the kind of treatment or procedure that is going to take place, any possible risks or benefits, whether there are alternative treatments and what they are, and what might happen if the patient decides not to undergo the procedure/treatment.

Lawsuit Claims Surgeon Inserted Wrong Device Into Woman’s Heart Valve, MyFOXChicago, March 10, 2010

Informed Consent, American Medical Association

FDA clears Myxo ETlogix valve ring under new name but disagrees with earlier decision by Edwards that device did not need 510(k), The Heart.org

Related Web Resources:
Edwards Lifesciences

US Food and Drug Administration

Continue reading "Chicago Medical Malpractice Lawsuit Accuses Cardiac Surgeon of Putting Wrong Device in Patient’s Heart Valve" »

Hazardous or dangerous conditions on a property that cause serious injury or death to a person can be grounds for an Chicago, Illinois premises liability lawsuit. It is a premise owner’s responsibility to make sure that any hazards are removed from a property or repaired so that visitors, patrons, tenants, guests, customers, passersby, and others don’t get hurt. Electrical dangers, broken steps, uncovered swimming pools, and debris/wet liquids left on the ground are some examples of possible premise hazards.

Earlier this month, a tenant filed her premises liability lawsuit over an Illinois slip and fall accident that she claims occurred to her in September 2008 as she tried to walk down the basement stairs of her rental residence. The steps were slippery because of a water leak in the basement, and Christina Whitford contends that property owner Brian Stanley should have known about the leakage.

The plaintiff also accuses Stanley of failing to give her a safe way to enter and exit the basement, improper maintenance of the property, neglecting to warn of the danger, and failure to address safety problems in a timely manner. Whitford claims that as a result, she experienced suffering and pain after she hurt her arm and shoulder. Her injuries caused her to incur medical expenses and made it impossible for her to tend to her regular responsibilities. She is seeking over $50,000 in Illinois premises liability compensation.

In a different Illinois fall accident case, Gerald and Donna Mangiarcino are suing Lowe's Home Improvement Center, Lowe's of Glen Carbon, Lowe's Home Centers, Lowe's of Illinois, and unknown persons that have been named John Does. Gerald claims he suffered disability, experienced suffering and pain, had to give up his regular lifestyle, and lost income when he was injured in a trip and fall accident at the Lowe’s in Glen Carbon in April 2006. He contends that he was injured when he tripped over a garden hose that was on a walkway and then fell into a puddle. Donna says she too experienced losses from the premises liability accident, including loss of her husband’s consortium, society, companionship, affection, love, and support.

Lowe's sued by man who trips over garden hose, The Record, March 5, 2010

Wet stair cause woman's severe and permanent injuries, says suit, The Record, March 5, 2010

Related Web Resources:
Slip and fall, Nolo

Premises Liability, Justia

James Coman, a Chicago dad, is suing Dr. Daniel Rossignol and Dr. Anjum Usman for Illinois medical malpractice. Coman contends that the doctors, who are involved in the Defeat Autism Now! Movement, caused more harm than good to his 7-year-old son because they gave him experimental treatments that were “dangerous and unnecessary.”

According to his Chicago, Illinois medical malpractice complaint involving injuries to a minor, Rossignol prescribed treatments for his son without seeing him in person. Coman’s Chicago injury lawsuit also points to a test for diagnosing whether kids with autism are suffering from metal poisoning. He says his son underwent the first of many of these tests when he was just two.

Chelation treatments, which can cause kidney failure, are supposed to make the body release any toxic metal. Test results are compared to a reference range for people who never took the chelation drug. Even though Conan's son did not have heavy metal poisoning, he was diagnosed as having high levels of aluminum, lead, mercury and tin.

Coman is also blaming Doctor’s Data Inc., the Illinois lab that conducts the tests that can determine whether chelation treatments are necessary, of using improper testing methods.

Unnecessary medical procedures, tests, and treatments—especially ones that come with possible medical risks—can cause serious injuries, illness, and even death. If you believe your child’s condition got worse and/or he/she experienced unnecessary pain and suffering because a doctor prescribed a treatment or test that was wrong or unnecessary, you may have sufficient grounds for filing a Cook County injuries to minor lawsuit alleging Chicago medical malpractice.

Autism Spectrum Disorder Facts:

• 1% of US kids in the 3 – 17 age range have ASD
• Early diagnosis and intervention can reduce lifelong care expenses significantly
• There are special services available to help your child learn to walk, talk, and socialize with other people

The sooner a child with autism gets the proper treatment, the greater the chances of your son or daughter overcoming certain challenges. The wrong treatment or procedures or delayed treatment can prove detrimental.

Doctors sued over ‘dangerous’ autism treatment, Chicago Tribune, March 4, 2010

Related Web Resources:
Autism Society of America

Autism Spectrum Disorders (ASDs), CDC

Ophthalmologist Nicholas Caro is no longer allowed to perform Lasik eye surgeries or any other procedures that would change a patient’s cornea in the state of Illinois. The decision was handed down by the Illinois Department of Financial and Professional Regulation.

Caro’s medical license has also been suspended for 30 days and he is on probation for three years. He also has been ordered to pay a $10,000 fine. In addition to the refractory procedure lifetime ban, Caro can no longer perform intraocular procedures, including refractive lens exchange, corneal transplantation, and cataract surgery.

Caro has come under scrutiny in the wake of reports that since the late 1990’s he has been sued nearly 50 times for Chicago, Illinois medical malpractice. Illinois’s top medical prosecutor had even recommended in 2008 that Caro’s medical license be taken away because he allegedly mishandled Lasik procedures and neglected to properly handle patients’ post-operative treatment and complications. Despite these concerns, Caro has kept performing eye procedures on patients.

Lasik Sugery
Also called laser-assisted in situ keratomileusis, this elective medical procedure is supposed to improve a person’s vision. A laser is used to change the cornea’s shape. 75% of eye doctors in the US that have performed this procedure in the last 25 years were sued under four times for medical malpractice during their careers. The Chicago Tribune says that out of over a dozen Chicago-area Lasik doctors, the most anyone had been sued for Cook County, Illinois ophthalmology malpractice was 12 times.

It goes without saying that severe eye injuries can drastically alter a person’s life. We need our eyes to do nearly everything. This is why it is so important that we have healthy eyes and that we let eye doctors examine them regularly. Unfortunately, eye care malpractice can happen, leading to vision loss, halos, double vision, eye infections, severe dry eye syndrome, retinal detachment, and other serious injuries.

State agency reprimands Chicago eye doctor, Chicago Tribune, February 19, 2010

Despite Chicago Medical Malpractice Lawsuits Over Botched Lasik Surgeries, Doctor Continues to Practice in Illinois, Chicago Injury Attorney Blog, July 8, 2009

Related Web Resources:
Lasik, FDA.gov

Illinois Department of Financial and Professional Regulation

Continue reading "Chicago Medical Malpractice: Ophthalmologist Barred from Performing Lasik Eye Surgeries in Illinois" »