Disclaimer: The Law Offices of Steven J. Malman & Associates, PC does not represent the clients whose cases, settlements, and verdicts are discussed on this Blog site. Our Chicago injury law firm is reporting on current events. We are not using this Blog site to offer unsolicited legal advice.

October 26, 2010

Chicago Medical Malpractice Case Involving Fentanyl Patch Leads to $3.75 Million Cook County Wrongful Death Settlement

The family of Kerry Rupright has settled their Cook County wrongful death lawsuit against the Rehabilitation Institute of Chicago for $3.75 million. The 28-year-old mother of two died a few days after she was given a fentanyl patch to treat the pain she was experiencing from the inflammation of her spinal cord. Even though the Institute has agreed to settle the Chicago medical malpractice case, it is not admitting liability and maintains that its staff appropriately handled Rupright’s medical care.

Rupright was transferred to the Institute after she was given the patch. She later became lethargic and drowsy, which are two of the possible symptoms of fentanyl poisoning. However, rather than remove the patch, staff at the Institute lowered her dosage and gave her other medications, including Ambien. Rupright’s family says the additional meds only served to aggravate her Fentanyl overdose.

Fentanyl Patch Overdose
This powerful medication is used to help relieve patients of pain. However, there have been incidents in which use of the Fentanyl patch has led to fatal overdoses, and in 2005 and in 2007, the Food and Drug Administration issued warnings about Fentanyl patches.

The warning in 2005 came after 126 deaths involving defective Fentanyl patches. The second warning in 2007 cautioned doctors against accidentally overdosing patients and the latter failing to follow proper directions on how to use the medication.

Signs of possible Fentanyl overdose:
• Breathing problems
• Drowsiness
• Seizures
• Dropping heart rate

Fentanyl is much more powerful from morphine. Use of fentanyl can come with mild side effects, such as headache, nausea, stomach pain, or constipation. Serious, life-threatening Fentanyl side effects can include:

• Liver damage
• Addiction
• Serious allergic reaction
• Respiratory depression
• Death

Duragesic Pain Patch Lawsuit Settled, Lawyers and Settlements, October 14, 2010

Experts Warn Patients About Painkiller Fentanyl, MyFoxChicago, October 12, 2010

Fentanyl Overdose Symptoms, LiveStrong


Related Web Resources:
Rehabilitation Institute of Chicago

Medical Malpractice, Malman Law

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October 18, 2010

Chicago Personal Injury: Mother of Toddler that Train Dragged Off Platform in Stroller Sues CTA

Ebere Ozonwu-Shokunbi is suing the Chicago Transit Authority for injuries that she and her young daughter sustained when the then-22-month-old’s stroller got stuck in a train doorway last November. She is seeking over $100,000 for their Chicago personal injuries.

The incident occurred on the platform at the Morse Avenue station on November 2, 2009.The Red Line train’s doors shut, trapping the stroller and dragging it along with the toddler some 10 feet past the platform. The little girl ended up landing on the gravel after she was thrown from the stroller, which had hit a metal barrier. Ozonwu-Shokunbi, who is accusing the CTA of negligence, claims that she and her child sustained serious injuries, including injuries to her shoulder and other parts of her body that she incurred while trying to to rescue her daughter from the moving train.

Following the incident, a CTA union head publicly questioned Ozonwu-Shokunbi’s account of what happened and claimed that the stroller involved showed hardly any damage when it was found five stations away. However, police noted that traces of paint found on the stroller make her story credible.

Train operators are supposed to take to make sure that no one and nothing gets caught in a train door before a train takes off. The train’s sensor system also should be working properly to prevent such incidents from happening.

If you believe that you or your child was injured in an accident because of another party’s negligence, you may have grounds for a Chicago injury lawsuit.

CTA sued after stroller gets stuck, ABCLocal, October 15, 2010

Mom Seeks $100k in Stroller-Stealing Train Incident, NBC Chicago, October 14, 2010

Chicago Train Drags 22-Month-Old Girl in Stroller, Chicagoinjuryattorneyblog.com, November 4, 2009


Related Web Resource:
Chicago Transit Authority

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October 12, 2010

Cook County Wrongful Death Lawsuit Filed After Man’s Fatal Dive into Shallow Pool

The mother of Pierre Walker is suing Darnell Abron for her son’s Cook County, Illinois wrongful death. Walker died on July 1 several days after diving into a pool at Abron’s home in Crete, Illinois.

The medical examiner’s result says that according to autopsy findings, the 23-year-old victim died of cervical injuries and ischemic bowel from a diving accident. In her Cook County wrongful death lawsuit, Pamela Walker contends that Abron allowed people to dive into the pool, which is 4 feet deep, without telling them that it was so shallow. She also claims that he failed to supervise pool activities.

Diving Injuries
Diving into pools can cause serious injuries—especially if the diver strikes his/her head against the pool bottom. Traumatic brain injury, spinal cord injury, drowning, and even death can result.

If a pool is shallow, It is important that the owner or pool supervisor take steps to warn swimmers not to dive head first into the water and that they are made aware of what is the actual depth. If a pool has a diving board, it must be free from defects or hazards that could cause a diver to fall incorrectly and/or unexpectedly off the diving board and into the water.

Cook County Premises Liability
A property owner can be held liable for premises liability if someone gets hurt while on the grounds. Some reasons why someone might have reason to file a Chicago premises liability or wrongful death lawsuit against a property owner:

• Slip and fall accidents
• Trip and fall accidents
• Defective conditions
• Inadequate maintenance
• Inadequate security
• Failure to warn of hazards
• Allowing a defective or dangerous product or item to remain on the premise

Wrongful death suit filed in pool diving death, Naperville Sun, September 17, 2010

Diving Accidents in Swimming Pools, Visual Expert


Related Web Resources:
Illinois Wrongful Death Act

Premises Liability, Justia

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October 7, 2010

Cook County Traumatic Brain Injury Lawsuit Filed in ‘Transformers 3’ Accident Involving Movie Extra Seeks Damages Against Paramount and DreamWorks

The family of Gabriela Cedillo is suing Paramount Pictures and DreamWorks for her traumatic brain injury that she sustained while working as a movie extra on “Transformers 3” during a catastrophic injury accident. Cedillo, a Little Village woman, got hurt last month when her head was struck by a piece of flying metal. Now, she cannot walk and is only able to mouth her words. She is staying at the Rehabilitation Institute of Chicago. Her prognosis is uncertain.

The personal injury accident took place on September 21. Cedillo was driving her own car when a chain linking a stunt car to a flatbed truck broke free and smashed through her windshield and into her head. According to her Cook County, Illinois TBI lawsuit, the mechanism connecting the stunt car to the chain was “done on the fly,” the welding was poor, the safety precautions were inadequate, personnel were not kept at a safe distance on set, and untrained extras were allowed to drive their own cars within close proximity of a violent stunt that included large motor vehicles.

The Cook County personal injury lawsuit is accusing Paramount Pictures of negligence. In addition to permanent brain damage, Cedillo’s left side is paralyzed and her left eye has been stitched shut. The Illinois traumatic brain injury complaint is seeking unspecified damages over $50,000.

Traumatic Brain Injuries
An acquired brain injury that can occur when the brain experiences a sudden physical trauma, such as when it is violently and suddenly struck or pierced by an object, traumatic brain injuries can prove catastrophic. Serious TBIs can result in cognitive deficits, impaired speech and language, sensory difficulties, vision problems, hearing loss, seizures, chronic pain, paralysis, sleep disorders, bowel and bladder control issues, emotional problems, depression, irritability, aggression, and death.

'Transformers 3' Stunt Victim Sues Studios, TMZ, October 5, 2010

Family files lawsuit over 'Transformers 3' injury, AP, October 6, 2010

Lawsuit over 'Transformers' injury, Chicago Sun-TImes, October 6, 2010

Related Web Resources:
NINDS Traumatic Brain Injury Information Page, National Institute of Neurological Disorders and Strokes

Traumatic Brain Injury, CDC

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