Chicago Injury Attorney Blog

Metra has agreed to pay Catherine Kozi-O'Donnell $1.45 million for injuries she sustained during the September 17, 2005 Illinois train derailment accident that killed 2 people and injured 117 others. Kozi-O’Donnell, who broke her leg and already has undergone surgery, will have to undergo knee replacement surgery.

National Transportation Safety Board has said that the deadly train accident involving a Rock Island Line Metra train going from Joliet to Chicago occurred while the train was traveling at 69 mph when it should have been going just 10 mph. The double-decker commuter Metra train jumped the tracks as it attempted to switch tracks at a crossover and then struck a steel bridge. The NTSB blames engineer Michael Smith for failing to pay attention to the signals and slow the train down. It found Metra at fault for not having an automatic system that could override human mistakes.

Others that have resolved their claims with Metra over the 2005 Chicago train accident are Renea Poppel, who sustained a traumatic brain injury, a fractured arm, a broken neck, vision problems and a crushed pelvis. She was pregnant at the time and delivered her daughter while she was still hospitalized. A jury awarded Poppel, who now needs a full-time caregiver, $29.5 million.

The families of the two women that died, 22-year-old Oak Forest resident Jane Cuthbert and 38-year-old New Lenox resident Allison Walsh, settled their Chicago wrongful death lawsuits with Metra for $11 million.

Train Derailment
According to the Federal Railroad Administration, there were 1,876 reported US train derailments in 2007. Common causes of train derailments include:

• Human errors
• Track defects
• Mechanical problems with the train
• Train signal failures
• Poor weather
• Vandalism

Metra to pay $1.45 million to passenger hurt in '05 derailment, Chicago Breaking News, September 27, 2010

Why Do Trains Go off the Tracks?, Slate, May 19, 2008

Safety board: 2 killed on Chicago train going 60 mph over, USA Today, November 18, 2010

Related Web Resources:
Train Accidents, Chicago Injury Attorney Blog

Metra Home

Metra To Pay $11M In Train Death Settlements, The Huffington Post, November 12, 2008

In Cook County Circuit Court, Lyudmila Toporovskaya has filed a Chicago dog attack lawsuit against Kathy Stanko, the owner of a Shepherd/Border Collie mixed breed dog that she claims bit her on the breast and right forearm. Toporovskaya is seeking more than $100,000 in damages. In her two-count Chicago dog dog bite complaint, Toporovskaya contends that Stanko was negligent and violated the Animal Control Act, which holds the owner liable for damages if his/her animal attacks a person without provocation.

Illinois Dog Bite Law
Illinois has strict laws about holding negligent owners liable for a dog biting, attacking, or mauling a person. In addition to holding the owner liable for dog bite injuries inflicted on another person, the owner can also be held responsible for injuries suffered by a person who gets hurt while trying to get away from an aggressive animal—meaning, the injuries sustained do not have to be actual dog bite injuries. For example, while running from a dangerous dog, a person might become involved in a Chicago slip and fall accident at and break a hip. Because Illinois is a “first bite” state, the dog that inflicted the bite wounds does not need to have previously bitten someone else for a dog bite victim to be able hold its owner liable. Regardless of what the law states, however, it is still important that you are represented by an experienced Chicago injury law firm that knows how to obtain the maximum compensation possible for your dog bite wounds.

Dog bite injuries are often more serious than mere bite marks. They can cause serious internal injuries, permanent disfigurement, emotional trauma, and even death.

Woman claiming dog bit her on arm, breast seeks $100K, Sun-Times, September 24, 2010

Related Web Resources:
How to Stop Your Dog From Biting, Dogs4Life

Animal Control Act, Illinois General Assembly

The mother of 19-year-old George Lash is suing the city of Chicago and the Chicago Police Department for excessive use of force and wrongful death. The teenager was shot and killed early Saturday by a cop on a CTA Red Line train.

The plaintiff, Carmela-Lash Cross, says that her son was shot several times at close range even though he didn’t pose a threat. Several witnesses have confirmed to different media outlets that Lash appeared unarmed. Chicago police, however, are claiming that the teenager started fighting with the cops and pointed a gun in their direction.

Illinois Police Brutality
Excessive use of force by a law enforcement officer can lead to Chicago personal injury or wrongful death. Chicago police brutality is against the law and a violation of the victim’s civil rights. Unfortunately, incidents of Illinois excessive use of force continue to occur in Cook County, DuPage County, Will County, Lake County, and other counties throughout Illinois.

Just recently, Kurt Kopek filed a federal excessive use of force complaint against Aurora police. Kopek, who was acquitted earlier this year by a DuPage County jury on charges that he resisted and obstructed officers and committed battery, is accusing the three cops that arrested him on September 2, 2008 of unlawful detention, battery, false arrest, and conspiracy.

Kopek has said that he approached police after finding out that his wife had been arrested in a traffic stop. He claims that as he was walking away from them, per their instructions, they used a Taser on him multiple times and punched him. He later sought medical care for facial bruising, a dislocated knee, stun gun injuries, swelling, and a sprained neck muscle. Police have said that Kopek resisted arrest and was physically combative.

In an unrelated federal complaint, Marlin Brown is suing DuPage County, a number of deputies, and Sheriff John Zaruba for mistakenly holding him in the county jail for over a month. Brown, who was arrested on November 23, 2008 at a bar contends that he was taken to jail and kept there for until January 9, 2009 because jail personnel thought he was another person who was wanted in Cook County for a number of crimes.

Brown contends that not only was he wrongfully held in jail, but also that during this time he was not allowed to attend his grandfather’s funeral and was forced to spend Christmas without his family. The misdemeanor charges against Brown were later dropped in September 2009.

Mother of man slain on CTA train sues city, Chicago Tribune, September 21, 2010

Aurora PD faces excessive force lawsuit, Daily Herald, September 10, 2010

Suit: Man was held in DuPage County jail by mistake, Chicago Breaking News, September 10, 2010

Related Web Resources:
Civil RIghts Violations, United States Department of Justice

Police, City of Chicago

Aurora Police Department

A woman who was injured on Sunday in a Lakeview porch collapse is seeking Chicago injury damages from Jean Lee, the owner of the building where the Cook County premises liability accident occurred. Alana Huber, 23, was one of several people standing on the second-story deck when it collapsed and fell to the ground. At least four people in addition to Huber, who sustained shoulder and ankle injuries, received medical care for their injuries.

The Lakeview fall accident happened at around 1:20 in the morning during a housewarming party. The building where the Chicago premises liability accident occurred is located in the 700 block of North Ashland Avenue.

In Huber’s Cook County personal injury complaint, she is accusing Lee of negligence, including the failure to properly design, building, inspect, maintain, and repair the porch, which building inspectors say is at least 20 years old and not constructed to current building standards. While there were at least 8 people in the porch when it collapsed, Huber’s Chicago injury lawyer says that not only should the deck have been able to safely carry at least 40 people, but nails instead of industry standard bolts should have been used to attach it to the building.

Unfortunately, Sunday’s Cook County premises liability accident was not the only one to take place this weekend. On Saturday, nine people were injured in a Tinley Park porch collapse at a townhouse in the Odyssey Club subdivision. Nine people were hurt. According to Tinley Park Village Manager Scott Niehaus, a group of people were standing under the wooden deck, which was about 10 feet off the ground, when it fell.

All 9 Chicago injury victims were transported to local hospitals. Most of those involved were senior citizens.

Lawsuit filed in Lakeview porch collapse, Chicago Tribune, September 13, 2010

9 injured in Tinley Park porch collapse, Chicago Breaking News, September 11, 2010

Related Web Resources:
Porch FAQ, City of Chicago.org

Premises Liability Overview, Justia

According to a recent Harvard School of Public Health study, medical malpractice in this country is costing about $55.6 billion annually—less than 3% of the total amount that goes to US healthcare expenses each year. $45.6 billion of this is spent by doctors on defensive medicine in an attempt to avoid possible medical malpractice lawsuits.

The study’s researchers, from Harvard and Brigham and Women's Hospital in Boston, analyzed several areas of the medical liability system. Defensive medicine expenses, payment to malpractice plaintiffs, attorney fees, costs from lost clinician work time, and other administrative expenses were among the factors that they assessed. Among the findings is that defensive medicine can cause patient injuries that would have otherwise been avoided and does not necessarily prevent medical mistakes.

You can find out more about the study in this month’s issue of Health Affairs, which takes a look at medical malpractice and offers suggestions for controlling expenses and enhancing patient safety.

Chicago Medical Malpractice
Rather than trying to avoid becoming the defendant of a Chicago medical malpractice lawsuit, it is the medical provider’s job to provide each patient with the proper medical care. Medical mistakes are not errors that a doctor, nurse, surgeon, anesthesiologist, or any other type of medical professional can afford to make. The injuries and health complications that can result from Cook County medical malpractice can prove fatal.

The Institute of Medicine reports that about 98,000 people are killed in US hospitals annually as a result of medical mistakes. Granted, in most cases, the medical professional never intended to harm the patient, but that does not mean that the healthcare provider should not be held liable.

Cost of Medical Malpractice Tops $55 Billion a Year in U.S., Bloomberg Businessweek, September 7, 2010

Health Affairs

Related Web Resources:
Institute of Medicine

Medical Malpractice, Nolo

Chicago Medical Malpractice: American Medical Association Reports that for Every 100 US Doctors, 95 Medical Liability Claims Filed, Chicagoinjuryattorneyblog.com, August 6, 2010

Illinois Supreme Court Says Medical Malpractice Caps are Unconstitutional, Chicagoinjuryattorneyblog.com, February 6, 2010

Continue reading "US Medical Malpractice Costs Averaging About $55.6 Billion Yearly" »

A federal jury has awarded Karen Bartlett $21 million for serious injuries she sustained from taking Sulindac, an anti-inflammatory medication. The defendant of this dangerous drug lawsuit is Mutual Pharmaceutical Co.

Bartlett began taking the drug in January 2005 for shoulder pain. She was hospitalized the following month because of a worsening rash that had developed on her face and the sensation of “pebbles” in her throat and under her eyelids.

Bartlett was diagnosed with Stevens-Johnson Syndrome and toxic epidermal necrolysis, a potentially deadly skin disease that can burn off the skin. In addition to spending 112 days in five hospitals, Bartlett has had to undergo 12 eye surgeries, is now legally blind, sustained damaged her stomach, throat, and lungs, and has developed other permanent disabilities. It took the jury three days to determine that Mutual Pharmaceutical Co. should have known that Sulindac was unreasonably dangerous for use and was the cause of Bartlett’s personal injuries.

Drug manufacturers can be held liable for Chicago personal injury and wrongful death if their negligence or dangerous products harmed users. Other pharmaceutical drugs that have led to injury cases:

• Accutane
• Advair
• Cipro
• Fen Phen
• Avandia
• Fentanyl
• Gardasil
• Paxil
• Levaquin
• Tamiflu
• Ortho Evra
• Yaz birth control
• Vioxx
• Ortho Evra
• Prozac
• Zicam
• Xenical
• Zyprexa

There are drugs that have been approved by the Food and Drug Administration that have turned out to be dangerous drugs. There are also drugs recommended for off-label uses (not government-approved) that have ended up causing injuries or deaths. Cardiac arrest, liver damage, pulmonary damage, kidney damage, and wrongful death are just some of the catastrophic side effects that have occurred from someone taking a dangerous drug. A drug manufacturer may have concealed the dangers, failed to warn about the possible risks, or irresponsibly marketed the drug in a way that ended up being harmful.

NH woman blinded by drug wins $21M in lawsuit, AP/Google, September 8, 2010

Related Web Resources:
FDA

Sulindac, NIH.Gov

Continue reading "$21 Million Dangerous Drug Verdict Awarded to Woman Scarred and Blinded by Sulindac " »

A $750,000 Illinois police brutality settlement has been reached in a federal case accusing Jefferson County sheriff’s deputies of using a stun gun on three children at an emergency youth center. The federal lawsuit, filed in 2009, stemmed from an alleged July 4, 2008 incident at the Southern Thirty Adolescent Center.

According to the complaint, Jefferson County deputies David Bowers and Lonnie Lawler arrived at the home for youths in response to a call that three of the kids were being disruptive. These children are not the ones that sought Illinois personal injury damages.

While at the youth center, Bowers allegedly shoved one boy onto a bed and shocked him repeatedly with a stun gun. He then stunned another boy several times and threatened to sodomize him, which caused the youth to soil himself. A third child obeyed the deputies when they told him to sit on a couch, but Bowers allegedly stunned him repeatedly and Lawler handcuffed him. A fourth youth, a girl, begged the deputies to stop. Lawler allegedly handcuffed her, while Bowers picked her up and choked her while pushing her against a wall. She was then thrown into a closet. All four alleged victims were younger than 18.

Chicago Police Brutality
Police violence is never justified—especially when there is no need or other warranted cause to use force. Chicago police brutality is a violation of one’s civil rights and can lead to personal injuries, emotional trauma, mental anguish, and wrongful death. Do NOT be afraid to report an incident of police violence or explore your legal options.

Lawsuit over Ill. deputy's use of stun gun settled, Salon/AP, August 3, 2010

Related Web Resources:
Sheriff's Office of Jefferson County

Southern Thirty Adolescent Center

A Northlake mother is suing McDonald’s for Chicago personal injury on her daughter’s behalf. Vicki LaRocco claims that her daughter sustained serious burn injuries on April 28, 2009 because the hot chocolate she ordered was placed in a cup with an improperly secured lid. The drink order was placed at the drive-through window at a McDonald’s in Schiller Park.

LaRocco says that the chocolate liquid spilled onto her daughter’s leg, causing severe pain and scarring. She contends that McDonald’s should have known that the hot chocolate was too hot to drink. LaRocco is seeking an unspecified amount of damages for Chicago injuries to her child.

Restaurants can be held liable for Chicago injury if their food or drink causes serious injury or death to a customer. Food poisoning, burn injuries from hot liquids, Salmonella, and other injuries caused by foreign objects in food are examples of injuries and illnesses that have been grounds for such cases.

Recently, Robert Miner filed a Chicago, Illinois personal injury complaint against Chipotle Mexican Grill because he claims that he was served and ate a burrito that contained a black metal wire on September 61, 2008.

The 2-inch piece pierced his throat and he had to undergo surgery to have it removed. Miner is also suing the licensees and owners of the Chipotle that is located on East Ontario Street. He is seeking an unspecified amount of damages.

In other food injury news, Philip Hodousek and his wife have settled their personal injury case with Claim Jumper Restaurants for an undisclosed amount. Hodousek sued the restaurant chain because he ended up chewing on a used condom that had been floating in his French onion soup. The couple said the incident caused them emotional distress and they worried that Hodousek might have caught a disease from the prophylactic, which contained traces of female DNA.

Hot chocolate spill leads to lawsuit, Chicago Tribune, August 25, 2010

Settlement reached in condom soup case, OC Register, August 25, 2010

Man sues Chipotle, claims wire was in his burrito, Chicago Breaking News, August 3, 2010

Related Web Resources:
Claim Jumper Restaurants

Chipotle Mexican Grill

McDonald's