Chicago Injury Attorney Blog

The US Consumer Product Safety Commission is recalling over 2 million cribs from seven manufacturers because they may pose a danger to children. While most of the affected products are drop-side, tens of thousands of stationary-side cribs are included in the mix.

Manufacturers and cribs involved in the recall:

• About 50,000 Simmons drop-drop side cribs
• Approximately 156,000 Million Dollar Baby drop-side cribs
• About 306,000 LaJobi drop-side cribs
• Approximately 130,000 Jardine drop-side cribs
• About 750,000 Jenny Lind Cribs by Evenflo
• All Delta cribs with wooden stabilizer bars and about 747,000 drop-side cribs
• Child Craft drop-side cribs and 40,000-50,000 "Crib ‘N' Double Bed" stationary side cribs with dowel

You can view more specifics about each manufacturer’s recall by going to the CPSC Web site for more details. The federal agency is urging consumers to obtain their free repair kit. Do not fix the defect without it.

No child deaths have been linked to the recalled to the possibly defective products. However, there have been reports of drop-side issues, improper assembly, and mattress problems that have led to entrapment, suffocation, and fall accidents that have resulted in personal injuries to children.

It was just last month that the CPSC issued a warning about the dangers of drop-side cribs, of which more than 8 million have been recalled in the last five years. Since January 2000 at least 32 deaths have occurred as a result of crib suffocation and strangulation (often involving entrapment). Hundreds of incidents involving drop-side detachments and other problems have been reported.

Drop-side cribs tend to be less structurally solid than cribs with all fixed sides. If a crib’s drop-side detaches, a space can open up between the drop side and the mattress that a child can roll or fall into, increasing the risk of entrapment and suffocation.

Recalls and Product Safety Issues, CPSC

Recall: 2M cribs amid suffocation, entrapment hazards, Chicago Tribune, June 24, 2010

Government warns drop-side crib defects have killed at least 32 children, KMOV/AP, May 7, 2010

Related Web Resources:
Product Liability, Nolo

How to Avoid Dangerous Cribs, Good Housekeeping

Continue reading "Over 2 Million Cribs Recalled Over Suffocation, Fall, and Entrapment Hazards " »

Linda K. Cordes is accusing Dr. R. Brad Ringhofer of Illinois medical malpractice. Ringhofer was her primary care physician from June 9, 2006 through August 31, 2009.

According to her Illinois medical malpractice lawsuit, Ringhofer failed to inform her that a CT scan she underwent revealed a right renal cystic lesion. Cordes contends that although the doctor should have conducted an ultrasound on her to better determine what the lesion was, no such test was performed.

More than a year later, on June 13, 2007, Cordes had another CT scan done on her pelvis and abdomen. Even though the scan advised that further testing be conducted, Ringhofer again allegedly failed to perform more tests. It wasn’t until Cordes changed doctors that a follow-up exam was conducted and her new physician diagnosed her with renal cancer, which is a type of kidney cancer. Cordes’s right kidney was then removed during a laparoscopic right radical nephrectomy.

Cordes claims that because Ringhofer failed to diagnose her cancer early enough, did not conduct the appropriate tests, and neglected to properly monitor the progression of her renal mass, she has experienced pain and suffering and mental anguish, while incurring medical expenses. She is seeking a judgment of over $75,000.

Failure to Diagnose Cancer
Delayed cancer diagnosis can prove deadly. If the patient is lucky enough to survive a delayed or wrong cancer diagnosis, he or she may still have had to undergo invasive surgeries, chemotherapy, radiation, and other painful procedures that could have been avoided if the cancer had been diagnosed earlier. Failure to diagnose cancer can be grounds for Chicago medical malpractice.

Swansea doctor sued by woman claiming kidney cancer, The Record, June 17, 2010

Related Web Resources:
Kidney Cancer, National Cancer Institute

Kidney Cancer, Mayo Clinic

A fire that broke out on the CTA Red Line on Sunday sent at least 19 people to the hospital. Investigators are trying to determine what started the extra-alarm blaze that broke out before 5p on the underground northbound track between the Chicago Avenue and Clark/Division stops.

Five people sustained serious injuries, which included smoke inhalation and respiratory problems. One train passenger, Andrew Schad, is quoted in the Chicago Tribune as saying that no one gave the passengers instructions regarding what to do.

The train began to fill with smoke and people started to choke and cough. Some people reportedly started banging on the train operator’s door while others crouched on the ground while covering their faces with their shirts. A number of passengers tried to open the doors while others dialed 911. By the time the train had stopped at the Clark/Division station, the passengers were running for the exits.

Investigators are still trying to determine the cause of the railroad fire.

Smoke Inhalation
Smoke inhalation is actually the number one cause of fire-related deaths. Some 50-80% of fire fatalities are caused by smoke inhalation. Signs of smoke inhalation include:

• Shortness of breath
• Coughing (mucus can be clear or black)
• Noisy or hoarse breathing
• Red eyes
• Change in skin color
• Soot in the throat or nostrils
• Swollen nasal passages
• Headaches
• Nausea
• Vomiting
• Fainting
• Confusion
• Seizures
• Coma

19 injured in CTA Red Line fire, Chicago Tribune, June 20, 2010

19 hurt in CTA Red Line fire on the Near North Side, Chicago Sun-TImes, June 21, 2010

Related Web Resources:
Chicago Transit Authority

Fire Deaths and Injuries: Fact Sheet, CDC

Continue reading "Chicago Train Accident: Fire on CTA Red Line Injures 19" »

Testifying under oath today, former Chicago Police Cmdr. Jon Burge denied that he abused any suspects. The allegations of Chicago police torture have followed him around for decades and he is on trial for two counts of obstruction of justice and one count of perjury related to a 2003 civil lawsuit.

Illinois statute of limitations prevent prosecutors from charging Burge with any torture allegations. He has long been accused of involvement in the torture of hundreds of poor, black prisoners, as well as the routine abuse and coercion of suspects that allegedly resulted in confessions, wrong convictions, and death sentences. He has pleaded not guilty to the charges against him.

For example, one suspect, Andrew Wilson, claimed that Burge and other detectives shocked him while he was against a radiator, causing him sustain burn injuries to his chest, face, and right leg. Wilson, who died in 2007 while serving a life prison sentence for the murders of Chicago cops Richard O’Brien and William Fahey, also accused Burge of calling the abuse “fun time.”

Burge admits that the takedown of Wilson was not a gentle one but that he ordered detectives to treat the suspect with “kid gloves.” He says that he never personally participated in the interview of Wilson or Wilson’s brother Jackie, who was also arrested for the cop slayings. He also says that he never heard any unusual sounds or screams coming from the interview room and that he didn’t notice any injuries on Wilson except for a wound that the suspect sustained when police knocked him to the ground so he could be handcuffed.

Burge claims that it wasn’t until a complaint was filed that he found out about Burge’s allegations. He admits that he laughed when he found out about Wilson’s alleged injuries and says that the wounds were superficial and not significant.

Repeated denials -- and sobs -- as Burge finally takes stand, Chicago Breaking News, June 17, 2010

Jon Burge denies torturing suspects, Chicago Sun-Times, June 17, 2010

Related Web Resources:
Police, City of Chicago

Police Brutality and Misconduct, The New York Times

Continue reading "Former Chicago Police Commander Jon Burge Denies Torture Allegations" »

The family of David Timson is suing Glenbrook Hospital for his Cook County wrongful death. Timson, a partner in a Chicago investment firm, died on January 2. Now, his family is alleging Glenview medical malpractice.

The 56-year-old Lake Forest man, who was undergoing dialysis after having surgery to treat an infection in his hip, began to experience fluid buildup in his body in late December. According to the family’s Cook County medical malpractice complaint, the doctors at Glenbrook Hospital failed to properly monitor the buildup after Timson didn’t undergo dialysis for several days. Their Waukegan wrongful death attorney contends that even though there were signs that the Lake Forest man was experiencing fluid overload, he was still given blood without dialysis. Soon after, Timson went into arrest and died.

Autopsy results indicate that Timson died from fluid overload. His family is also suing five of the doctors that treated him.

Dialysis-Related Errors that Can Result in Serious Consequences for Patients:
• Medication mistakes
• Dialyzer mistakes
• Dialysis machine leaks
• Improper maintenance and cleaning of dialysis machines
• Failure to appropriately monitor a patient’s condition
• Too much blood loss
• Vascular access injuries
• Failure to check dialysis machine and settings before beginning treatment

Glenview Hospital sued over Lake Forest man's death, Pioneer Local, June 13, 2010

Related Web Resources:
Glenbrook Hospital, Northshore.org

Medical Malpractice, Nolo

Continue reading "Cook County Medical Malpractice Lawsuit Seeks Damages from Glenbrook Hospital for Lake Forest Man’s Illinois Wrongful Death " »

Sheila A. Dunn is suing Schnuck Markets, the Desco Group, and Hank's Excavating and Landscaping, for Illinois slip and fall. She is seeking over $150,000 plus costs.

The Belleville woman says she hurt her back on December 17, 2008 when, while exiting her vehicle, which was parked in a handicapped spot at the Schnuck Markets parking lot in Belleville, she slipped and fell on ice that was on the ground.

Dunn contends that the ice that she slipped on was an unnatural accumulation. She claims that the defendants were negligent because they allowed the unnatural piles of snow to accumulate on the ground, melt, and then refreeze. Dunn says that when they did get rid of the ice and snow they did so in an uneven fashion.

She also says that not only did the defendants fail to warn customers that there was black ice on the ground, but also they did not place sand or salt on the ground to make it easier for customers to safely walk across the parking lot. The Desco Group owns the Schnuck Markets parking lot and Hank's Excavating and Landscaping was in charge of removing the snow.

Dunn says that in addition to sustaining lower back injuries, she experienced disability, great pain and suffering, lost income, and incurred medical expenses.

Some Common Causes of Outdoor Slip and Fall Accidents:
• Snow and puddles on the ground that have turned into ice
• Ice that drops from rooftops and freezes again on the ground
• Cracks or holes on the concrete
• Uneven pavements
• Inadequate lighting
• Wet substances left on the ground

Schnucks sued over shopper's slip on ice in parking lot, The Record, June 10, 2010

Related Web Resources:
Slip and Fall, Nolo

Schnuck Markets

The number of salmonella cases involving Subway restaurants in Illinois has reached 60. Fortunately, according to the Illinois Department of Public Health, everyone who got sick is recovering. The Subway restaurants where the salmonella cases were reported can be found in 22 Illinois counties, including Will County, Cass County, Christian County, Knox County, Macon County, Moultrie County, Peoria County, Schuyler County, Tazewell County, Warren County, Bureau County, DeWitt County, Champaign County, Fulton County, Champaign County, Coles County, LaSalle County, Marshall County, Ogle County, Sangamon County, Shelby County, Vermillion County, and Winnebago County, Illinois. Salmonella poisoning symptoms can include diarrhea, stomach pain, abdominal cramps, vomiting, nausea, and high fever.

The Salmonella cases reportedly broke out between May 11 and May 25. The youngest person to be afflicted was age 2, while the eldest was 88. 17 of those who fell ill had to be hospitalized. The specific food that caused the outbreak has yet to be identified.

Kitchens that don’t meet health standards, contaminated or rotten foods, and lack of procedures mandating that kitchen workers only handle food when their hands are clean are some of the reasons why food served at a restaurant might make people ill. While a little upset stomach, which has been known to occur in some instances when restaurant patrons have been fed spoiled foods, might seem harmless enough, no one wants to to eat food that will give him or her indigestion, diahrrea, and stomach pains that may require medical attention and days off from work to recover.

In March, our Chicago Injury Attorney Blog reported on at least 21 Shigella poisoning cases linked to Subway in Lombard, Illinois. At least two DuPage County injury lawsuits related to the food poisoning were filed.

60 salmonella cases now linked to Subway restaurants, Sun-Times, June 8, 2010

The Dangers Of Salmonella Poisoning – And What To Do About It, VitaminsDiary, March 18, 2009

DuPage County Injury Lawsuits Accuses Lombard Subway Restaurant for Serving Bacteria-Tainted Food, Chicago Injury Attorney Blog, March 29, 2010

Related Web Resources:
Division of Foodborne, Bacterial and Mycotic Diseases, CDC

Continue reading "Chicago Area’s Will County Among 22 Illinois Counties Where Subway Restaurants are Reporting Salmonella Outbreaks" »

The executor for Jennifer H. Wehling’s estate is suing Vermillion River Rafting and cement company Buzzi Unicem for her Illinois wrongful death. The 36-year-old school teacher died last September while rafting on the Vermillion River.

The tragic accident happened on September 25 when Wehling and two friends were thrown from their raft into the churning waters under a low-head dam on property owned by Buzzi Unicem. She drowned and was later pronounced dead at Illinois Valley Community Hospital. Her two friends, Timothy Ruse, and Janelle Veseling, survived the rafting accident. They were later charged with operating a watercraft while under the influence of alcohol.

According to the Illinois wrongful death lawsuit, as owners of the part of Vermillion where the drowning accident occurred, Buzzi Unicem owed a duty of care to others to manage the damn area and the waterway. The complaint contends that the rafting company was negligent and careless for failing to properly warn the three rafters that the water conditions off the damn were dangerous.

Wehling, a first-great teacher, was also the mother of two children. She, Ruse, Veseling, and four other people were part of a group that had rented two rafts.

Illinois Wrongful Death
If your loved one died while engaged in an activity that was under a certain party’s supervision or watch, you may have grounds for filing a Chicago, Illinois wrongful death lawsuit. The liable party or parties do not need to directly have caused the death, but they may have been negligent in failing to act in a manner that could have prevented the death from happening.

Lawsuit filed in Vermilion River drowning death, The Times, June 4, 2010

Teacher drowns, 2 others OK after rafting accident, WBBM Radio, June 2009

Related Web Resources:
Vermillion River Rafting

Buzzi Unicem

Waukegan police are investigating the death of a suspect who suffered cardiac arrest after he was Tasered by police on Saturday. Jose Martinez was 53.

Details as to exactly what happened are unclear, and as of now, police are refusing to comment because they don’t want to “cloud” the probe. However, there are reports that Martinez may have been wrongly identified as a suspect when police apprehended him with a Taser.

According to a Dave’s Liquors clerk, police were called over for a panhandling incident. However, the woman says that it was another man and not Martinez who had been causing problems. Yet Martinez is the one that the police pursued in the parking lot.

After they stunned him with a Taser, they couldn’t revive him. He was taken to a local hospital where he was pronounced dead. Autopsy results indicate that he had a heart condition and that getting stunned contributed to his passing. Meantime, Martinez’s wife, Sue Martinez, wants to know why no one told her that he had died until Wednesday.

Police and Tasers
Considered less fatal than an actual gun, Tasers have led to injuries and deaths. Last December, the 9th U.S. Circuit Court of Appeals ruled that the stun gun cannot be used merely to make a non-compliant person who isn’t a threat obey a police officer’s order.

Tasers can cause electrical injuries, dart entry wounds, eye injuries, cardiac arrest, and even death. In one known Taser incident, a pregnant woman who was stunned by corrections officers suffered a miscarriage one week later. No direct causal link was discovered, but a jury still awarded her personal injury damages for the excessive use of force.

If police used unjustified force when apprehending you or someone you love, you may have a Chicago police brutality case on your hands. Not only is excessive use of police force against the law, but it is a violation of your civil rights.

Man dies after shock from police Taser, News-Sun, June 4, 2010

Court to Cops: Stop Tasing People into Compliance, Wired, January 4, 2010

Related Web Resources:
After the Zap: Taser Injuries and How to Treat Them, National Commission on Correctional Health Care

Waukegan Police Department

Continue reading "Waukegan Man Dies After Police Shock Him with Taser" »

A jury has awarded $155,000 to the family of Ryan Butler for his Illinois wrongful death. The 30-year-old Pawnee man was bludgeoned to death with a cinder block on January 25, 2008. Now, the men convicted in his slaying have been ordered to pay Butler’s parents and siblings $50,000 for his conscious pain and suffering, $100,000 for the loss of his companionship, and $5,000 for funeral costs.

Butler was murdered on the same day that he had checked himself out of the Wells Center, a drug and alcohol treatment facility. He reportedly met Michael Buss and Christopher Walker at Lahey’s Lounge, a Jacksonville liquor establishment, where the three men reportedly drank together for several hours. They then went to Dunlap Court Beverages, a local liquor store, to buy more alcohol before going to Merediosa to attend a band rehearsal.

During an argument between the men, Buss struck Butler several times and Walker struck him three times with a cinder block. Both men are now in jail.

Walker, who was found guilty of first-degree murder and concealment of a homicidal death during a bench trial, is now serving a 45-year prison term. Meantime, Buss, who pleaded guilty to concealment of a homicide and perjury for false testimony, is serving 20 years in prison.

Butler’s dad Deon Butter had also sued Lahey’s Lounge and Dunlap Court Beverages for his son’s Illinois wrongful death. However, the civil jury did not find the two Jacksonville liquor establishments liable under the Illinois Dram Shop Act. The act maintains that if a victim contributed to the “intoxication” of those that caused his/her injuries or deaths, then no Illinois personal injury or wrongful death compensation can be obtained from parties that could otherwise be considered liable. The jury found that Butler contributed to Walker and Buss becoming drunk.

Liquor establishments not liable in 2008 death, My Journal Courier, May 26, 2010

Pawnee man death update, Connect Tristates.com, January 27, 2008

Related Web Resource:
Illinois Wrongful Death Act