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.

March 5, 2010

Chicago Medical Malpractice Involving Illinois Injuries to a Child: Father Sues Over Allegedly Dangerous Treatments Given to Son with Autism

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

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February 25, 2010

$14.7 Million Chicago Personal Injury Settlement Reached in Trampoline Accident that Left 8th Grader a Quadriplegic

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

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January 30, 2010

Cook County Wrongful Death Lawsuit Sues Evanston School District Over Fifth-Grader’s Hanging

The family of 10-year-old Aquan Lewis is suing Evanston Skokie School District 65 for his Cook County wrongful death. Lewis was discovered hanging from a bathroom stall hook at Oakton Elementary School on February 3, 2009.

Paramedics were able to revive him but he died at a Chicago hospital the following day. Suicide was determined to be Aquan's cause of death.

However, Aquan’s family is holding the school district responsible for his hanging. Angel Marshall says that the district was responsible for her son while he was at school and that school employees should have gone to look for him after he disappeared at around 2:30 pm. Aquan was discovered a half hour later.

According to the family’s Chicago, Illinois wrongful death lawyer, even though the school district and Evanston police announced during a press conference on February 17, 2009 that all evidence had been looked at, there was vomit, blood stains, and other physical evidence that had not yet been studied.

The Cook County wrongful death complaint claims that the 10-year-old’s nose was bleeding when he was found. There was also blood in the bathroom. Lewis has said that she does not believe her son committed suicide. She says the school should have accounted for him when he went missing.The family believes that the school district could have done more to investigate Aquan’s death.

The Illinois wrongful death lawsuit is seeking over $50,000 and claims survival action negligence, wrongful death negligence, survival related to willful and wanton conduct, and wrongful death related to willful and wanton conduct.

Schools are responsible for students’ well-being and safety during school hours. They are also supposed to make sure that there are no hazards, unsafe conditions, or dangerous circumstances that could cause Illinois injuries to minors or wrongful death.

Family sues school district over hanging death of son, Chicago Sun-Times, January 30, 2010

Aquan Lewis: 10-Year-Old's School Death Ruled Suicide, The Huffington Post, February 4, 2009

Related Web Resources:
Evanston Skokie School District 65

Oakton Elementary School

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January 21, 2010

Illinois Injuries to Minors Lawsuits Seeking Millions for Students Shocked During Taser Demo at School

The families of two 12-year-olds are each suing the Kankakee School District 111, the city of Kankakee, two teachers, and a Kankakee police officer for $10 million after the boys were Tasered during an unauthorized school demonstration at Kankakee Junior High School, which is located about 60 miles from Chicago. An Illinois injuries to minor lawsuit filed by the family of a third boy is seeking $33 million. Police have placed Officer Lonnie Netzel on administrative leave following the alleged incident.

Netzel is accused of stunning the students with a Taser after they volunteered for the demo. One of the boys has a heart murmur. His mother took him to a hospital emergency room as soon as she found out about the Taser incident. The boy’s mother says this was not the first time the cop had used the stun gun on students. School officials and police, however, will not verify her claim. Some of the plaintiffs are claiming that racism was involved.

Tasers are used to apprehend suspects. Consider a less lethal alternative to shooting someone, the electrical shocks meant to incapacitate its target are painful and have been known to cause serious injury and even death. They definitely should not be used without just cause. Using a Taser to apprehend someone who could’ve been apprehended in a less painful manner is considered excessive use of force and may be grounds for a Chicago injury lawsuit.

Just last month a Chicago man filed a Cook County police brutality lawsuit against LaGrange Park and Brookfield cops. Prospero David Lassi claims he was shocked 11 times because he accidentally hit a police officer while having a diabetic seizure. The cops were supposed to be helping paramedics move him. Lassi says he sustained permanent scars, including a facial injury, as well as musculoskeletal and neurological injuries. He says that because of the police assault, he was unable to work for several months.

School is back on for some students, The Daily Journal, January 17, 2010

Lawsuit alleges excessive force, PioneerLocal, January 5, 2010


Related Web Resources:
TASER Danger?, CBS News, October 12, 2004

Kankakee School District 111

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January 8, 2010

Family Files Lake County, Illinois Injuries to Children Lawsuit After 2-Year-Old Touches Snake at Serpent Safari and Contracts Salmonella

The family of the toddler who became ill with salmonella after touching a snake at a Gurnee reptile zoo on December 14, 2007 has filed a Lake County, Ilinois injuries to children complaint. They are seeking over $50,000 in damages from Serpent Safari.

According to the Lake County personal injury lawsuit, Trevor Wirtz was hospitalized and diagnosed with salmonellosis after visiting Serpent Safari. He passed the salmonella on to his grandmother, Judith Penoyer. She also was hospitalized for the infection.

The McHenry County family claims that the Gurnee zoo was negligent when it failed to let visitors know that they should clean their hands before and after touching the reptiles. They also say that Serpent Safari neglected to warn parents that kids younger than 5 and people with weak immune systems are at risk of getting salmonella from reptiles. The plaintiffs say that employees encouraged and allowed the toddler to touch the reptile. They also claim that Penoyer, who actively helps take care of Wirtz, sustained permanent and serious personal injuries and/or illnesses, both external and internal, because of the salmonella.

Salmonella
According to the US Centers for Disease Control and Prevention, about 70,000 people contract salmonella from reptiles each year. People can get salmonella from snakes, lizards, turtles, ducklings, and baby chicks, cats, dogs, birds, farm animals, and horses if they don’t wash their hands after touching their feces. A person can also contract salmonella by eating food that is contaminated.

Young children, babies, cancer patients, people with HIV, and organ transplant patients, are at greater risk of developing salmonella. While symptoms typically include fever, diarrhea, and stomach aches, there have been cases where a person has developed more serious health complications from salmonella.

Lawsuit claims boy pets snake, gets salmonella, The Daily Herald, December 30, 2009

Snake at Gurnee's Serpent Safari sickened boy and caregiver, lawsuit claims, Chicago Tribune, December 31, 2009

Related Web Resources:
Salmonella Infections, KidsHealth

Salmonella Infection (salmonellosis) and Animals, CDC

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December 29, 2009

Oak Brook Toymaker Agrees to Pay $1.25 Million Penalty for Lead Paint Toys

An Illinois-based toymaker has consented to pay a civil penalty of $1.25 million for importing and selling toys containing excessive levels of lead. The Consumer Product Safety Commission had accused RC2 Corp. and its Learning Curve Brand Inc. unit of knowingly bringing into the country and selling a number of Thomas and Friends railway products that had too much lead in their paints or other surface coatings.

RC2 denies knowing it was violating the US’s lead paint ban and says all toys involved in the civil settlement were recalled in 2007. The toy manufacturer maintains that toy safety is its leading priority.

Since 1978, kids products were not allowed to contain over 600 parts per million of lead by weight in coatings or paints. However the Consumer Product Safety Improvement Act of 2008 reduced that limit even further to 90 parts per million in the wake of the millions of toys, many of them made in China, that have been recalled over the past few years due to too much lead.

Exposure to excessive levels of lead is dangerous for kids and can cause permanent personal injuries, including brain damage, organ damage, learning disabilities, decreased IQ, behavioral issues, and death. A toy manufacturer or distributor can be held liable for Illinois products liability if a child were to suffer from lead poisoning because a toy, a crib, a nursery product, or some other type of consumer good contained too much lead.

RC2 isn’t the only toy company that has had to pay fines for importing and distributing toys with excessive levels of led. Earlier this year, Mattel Inc. and Fisher-Price were fined $2.3 million for similar violations.

Oak Brook toymaker RC2 Corp. to pay $1.25 million fine over lead in paint, Chicago Tribune, December 29, 2009

RC2 Corp. to Pay $1.25 Million Civil Penalty, Wall Street Journal, December 29, 2009


Related Web Resources:
Consumer Product Safety Improvement Act of 2008

RC2 Corp.

Lead Poisoning, Mayo Clinic

Continue reading "Oak Brook Toymaker Agrees to Pay $1.25 Million Penalty for Lead Paint Toys " »

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December 20, 2009

Amby Motion Beds and Hammocks & Roman Shades and Roll-Up Blinds Recalls a Reminder that Dangerous Toys are Not the Only Defective Products Causing Injuries to Young Children

With the holiday season now underway, the media and consumer safety groups are cautioning consumers to watch out for toys and other products that can cause injuries to children. It is just as important, however, to remember, that there may be unforeseen dangers to infants and toddlers disguised as furniture in the home.

December has been a busy time for the Consumer Product Safety Commission, which has been announcing multiple recalls of products each week. Many of these products are being recalled because they pose some type of hazard to young children. In particular, the dangers and defects threaten the well-being of infants and young toddlers who are too young to be held accountable for their actions. Product manufacturers, however, can be held liable for designing a defective or dangerous product, which is an issue that our Chicago, Illinois products liability lawyers can discuss with you.

In the meantime, here is a list of some of the larger child product recalls that the CPSC has announced this month:

• Over 50 million shades and roll-up blinds are recalled because they are a possible strangulation hazard. At least 8 deaths and 16 near strangulations are linked to these window coverings. Adults are warned to keep window cords away from children’s reach and to ask for a repair kit. Replacing cordless shades or blinds with cordless window coverings is a safer alternative.

• Two infant suffocation fatalities have led to the recall of 24,000 Amby Baby Motion Beds/Hammocks.

• About 400 LaJobi “Betsy” and “Molly” wooden cribs are recalled because young children might get entrapped and die from strangulation if their heads get caught in the cut-outs in the cribs’ end panels.

Last week, the CPSC also announced that an 11th child fatality is linked to the Simplicity drop-side cribs. Over 2 million Simplicity drop-side cribs have been recalled in the last four years. Entrapment and suffocation were the primary causes of death.

Consumer Product Safety Commission


Related Web Resources:
Safe Kids Worldwide

Raising Children Network

Continue reading "Amby Motion Beds and Hammocks & Roman Shades and Roll-Up Blinds Recalls a Reminder that Dangerous Toys are Not the Only Defective Products Causing Injuries to Young Children" »

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December 17, 2009

Autistic Teenager’s Family Alleges Chicago Police Brutality in Federal Lawsuit

Nearly eight months after a Chicago police officer allegedly struck teenager Oscar Guzman in the head with a baton, 17-year-old’s family has filed a civil lawsuit in court alleging Chicago police brutality. The defendants in the case are the City of Chicago, the two officers involved in the alleged assault, and the Independent Police Review Authority.

Guzman has autism. According to a police report, Chicago cops who saw him standing on a Little Village street thought he could be armed because he gestured toward his waist and ran off. They chased him into his family’s restaurant, where he worked, and tried apprehending. Guzman hit the cop’s chest. The cop then tried hitting him on the shoulder but struck his head instead. The officers were patrolling the area because of gang activity.

Guzman’s family, however, says the teenager did not strike the officer. They also claim that the cop hit the boy on the head even though family members at the scene explained that he had special needs. Because of his autism, Guzman walks away from circumstances he does not understand.

The Chicago police brutality complaint also claims that the Independent Police Review Authority, which is tasked with investigating complaints against Chicago cops, employs methods that are biased toward police officers.

Guzman was never charged with committing any crime. He did, however, need eight stitches to sew up the injury he sustained on his head. His family says he was emotionally traumatized by what happened and his sister Nubia is now afraid of police and suffers from night terrors.

Chicago Police Brutality
Our society is no longer ignorant about people with special needs. Like everyone else, special needs individuals have civil rights that should be upheld. Police brutality of any kind is a violation of one’s civil rights.

Even if a police officer isn’t charged with excessive use of force, you still may have grounds for filing a Chicago police brutality lawsuit against the offending cop.

Autistic teen's family sues officers over injury, Chicago Tribune, December 8, 2009

Family Sues Over Alleged Police Beating Of Teen, CBS2, December 7, 2009


Related Web Resources:
Police Brutality Cases Have Cost Chicago $20 Million, The Huffington Post, May 20, 2009

Communities United Against Police Brutality

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November 29, 2009

Preventing Illinois Products Liability: Massive Stroller and Crib Recalls a Reminder that Manufacturers Must Make Safer Products

Two large recalls in the past month by the Consumer Product Safety Commission are serving as important reminders to product manufacturers of how necessary it is that they make defect-free products that do not cause injuries to minors. Earlier this week, the CPSC announced the voluntary recall of 2.1 million Stork Craft cribs in the United States and Canada following reports of 4 deaths, 15 entrapment accidents (4 of them resulting in suffocation), and 20 fall accidents. Consumers have filed at least 110 reports noting drop-side crib detachments.

Parents are urged to stop using the cribs right away and to wait for their free repair kit. The crib's drop side can deform, break, or parts may have gone missing. If the drop-side partially detaches, a space wide enough for a toddler or infant to become entrapped can be created. Assembly errors can also contribute to the set up of a crib that can cause injuries to children. Complete detachment of the drop-side can allow for fall accidents to happen.

147,000 of the recalled Stork Craft cribs come with a Fisher-Price logo.

This isn’t the first recall involving drop-side cribs. Over 5 million drop-side cribs have been recalled in the last two years following a number of injuries and deaths. Product manufacturers can be held liable for Illinois products liability if they have designed or manufactured a product that causes serious injury or death.

Stroller Recall Due to Fingertip Amputations

Earlier this month, parents received another scare when the CPSC announced the recall of some 1.1 million single and double Maclaren strollers. 12 kids’ fingertips have been amputated over the last decade after they stuck their fingers in the stroller hinges. The last two years has seen an increase in these injuries to minors.

Infant Entrapment and Suffocation Prompts Stork Craft to Recall More Than 2.1 Million Drop-Side Cribs, CPSC, November 23, 2009

Maclaren Recalls Strollers as Kids Get Fingertips Cut, Bloomberg, November 1, 2009


Related Web Resources:
Child Safety, Consumer Reports

Children's Product Safety Act, Illinois General Assembly

Continue reading "Preventing Illinois Products Liability: Massive Stroller and Crib Recalls a Reminder that Manufacturers Must Make Safer Products" »

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November 25, 2009

Family of 10-Year-Old Patient Who Lost Left Leg Awarded $22.3 Million for Chicago Medical Malpractice involving Injuries to a Child

Yesterday, a Cook County jury awarded the parents of Jake Tinman $22.3 million for Chicago medical malpractice involving injuries to a minor. Doctors amputated Jake's leg a couple of weeks after his birth because it wasn't properly dressed following a surgical procedure.

Jake, now 10, was born with a congenital heart defect on May 15, 1999. His condition required that he undergo a shunt procedure. Two weeks after he was sent home from the hospital, he was rushed to an emergency room. According to the Chicago injury lawsuit, the negligent care he received, including the alleged failure to properly dress his leg in the operating room, resulted in injuries that required that the amputation of his left leg. Cardiac catheterization and delayed treatment reportedly resulted in developmental delays and cognitive deficiencies.

The jury found that Advocate Christ Medical Center/Hope Children's Hospital and its staff neglected to diagnose Jake’s shunt problem in a timely manner, did not properly apply and remove in a timely manner a pressure dressing on Jake’s leg, improperly made him undergo cardiac catheterization, improperly destroyed his echocardiogram, and did not monitor his pulse.

Medical Malpractice
Medical negligence can cause serious injury and death. Infants are especially vulnerable to serious infections, health complications, and injuries when subjected to medical neglect or errors. The physical or developmental injuries that can result can alter the course of a child’s life forever. Not only can they end up depriving the child of the ability to experience a “normal” life, but he or she may require special, costly medical care into adulthood. Birthing malpractice, failure to diagnose birth defects or conditions, hospital injuries, surgical errors, giving a baby the wrong medication, and accidentally switching infants at birth or the eggs during fertilization are some of the many reasons why parents of newborns may have grounds for suing for Chicago medical malpractice.

Boy's parents awarded $22.3M from Christ hospital, Sun-Times Media, November 24, 2009

Jury Awards $22.3 Mil. In Medical Negligence Suit, CBS2 Chicago, November 24, 2009

Related Web Resources:
Damages in Medical Malpractice Cases, Nolo

Advocate Christ Medical Center/Hope Children's Hospital

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November 4, 2009

Chicago Train Drags 22-Month-Old Girl in Stroller

On Monday, Ebere Ozonwu experienced a horrifying moment when the doors of a Red Line train shut on her 22-month-old daughter’s stroller, dragging the toddler and the carriage down the platform as it left the station.

The little girl, Rachel, ended up some 10 feet past the platform on the gravel after she was thrown from the stroller as it hit a metal barrier at what may have been a speed of about 15 to 20 mph. Rachel, who landed on her back, sustained minor injuries from the CTA train accident.

Investigators are trying to determine how such a dangerous incident could have happened. According to Amalgamated Transit Union's Local 308 president Robert Kelly in the Chicago Tribune, operator error and machine malfunction would have both had to occur in order for this kind of injury accident to happen.

The CTA has suspended the train operator while the preliminary probe takes place and Chicago police are also investigating the Chicago train accident. The train operator says that the sensors did not go off to let her know there was something trapped in the doors as she left the Rogers Park station. Kelly also says the train shouldn’t have been able to move if it had detected that a door was not shut.

Even with the sensor system, CTA train drivers are still required to stick their heads out of the cab to make sure all the doors are closed. Per CTA procedure, the driver needs to check outside the cab before leaving the station. The train operator says she made the check and did not see the stroller.

The train proceeded to make five more stops before the stroller was discovered.

Injuries to Minors
While minors cannot file their own Chicago injury lawsuits, a parent or guardian can make the Illinois injuries to minor claim for them. Toddlers, babies, and kids are especially susceptible to fatal injuries during Chicago fall accidents, train crashes, and motor vehicle collisions.

CTA and baby stroller: Questions arise after mother says girl thrown from stroller at Morse "L" platform, Chicago Tribune, November 4, 2009

Toddler thrown onto CTA tracks in accident, ABC, November 3, 2009


Related Web Resource:
Chicago Transit Authority

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August 19, 2009

Parents of Paralyzed Teenager Sue Chicago Prep School for Injuries to Minor

The family of Christopher Connolly is suing St. Ignatius College Prep student for his personal injury. In 2007, Connolly, then 15, sustained catastrophic injuries when he hit is head on the bottom of the school during water polo practice.

According to the Chicago injury lawsuit, an assistant coach told the other kids to throw snowballs at Connolly and called him “Flounder,” which is considered a derogatory nickname. To avoid the snowballs, buoys, kickboards, and other pool equipment that were thrown at him, the 15-year-old dove into the pool per another coach’s instructions.

The Chicago injuries to minor complaint, filed in Cook County, claims that Connolly “was forced to dive into the pool.” He struck the bottom of the pull and fractured his vertebrae during the alleged hazing incident. He was hospitalized for almost four months. Because of his spinal cord injury, Connolly is now a quadriplegic.

He requires the use of a wheelchair, and needs assistance bathing, getting dressed, and picking up objects off the ground. He needs full-time care. He also underwent intensive and lengthy therapy and has been able to regain some use of his hands and arms.

Connolly says that he also suffers physical trauma and embarrassment because he now has to use a wheelchair. After the accident, he enrolled in another school.

Connolly’s family is seeking undisclosed damages, as well recovery for medical costs.

Suing a Chicago School for Personal Injury
Schools and their staff members are supposed to make sure that students on the premise are not harmed and that there are no hazards on the premise that could cause personal injury or wrongful death. Failure to provide students with this safety can be grounds for an injuries to minor lawsuit.

Paralyzed teen's parents sue Chicago school over alleged hazing, Chicago Tribune, August 19, 2009

Read the Complaint (PDF)

Related Web Resources:
St. Ignatius College Prep

Quadriplegia Care Guide

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July 2, 2009

Chicago Personal Injury: Man Sues Former High School Teammates for 1999 Hazing

10 years after an infamous hazing incident that occurred at Stevenson High School in Lincolnshire, the hazing victim, Stamatios Shinas, is suing the school, a number of high school football coaches, and four former teammates for Chicago personal injury.

Shinas, now 25, says the emotional pain and psychological trauma from the 1999 hazing incident continue to haunt him and he still sees a therapist because of what happened. He says he has trust issues.

Shinas was a sophomore when he made the football varsity team. He says that team members told him that the hazing was an initiation process that all varsity members had to go through. He says he was sexually abused and hazed three times and that teammates physically abused him, sodomizing him with a broomstick and a banana.

In his Cook County Circuit Court personal injury lawsuit, Shinas is suing the Lincolnshire high school, 1999 varsity coaches Bob Mackey, Craig Sincora, Lee Jonathan, Paul Swan, Mike Warren, Mike Fitzgerald, and Bill Mitz, and former football teammates David Davis, Blake Coley, Tiquion Clay, and Alex Holden. The 25-year-old plaintiff says the coaches knew that hazing was taking place but they did nothing to prevent the incidents.

Following the 1999 hazing incident, all four of his former teammates pleaded guilty to misdemeanor charges in Lake County. While Holden pleaded guilty to four counts of disorderly conduct, Clay pleaded guilty to one count. Clay and Holden were fined $100 and were ordered to write an essay about respecting students and serve community service. Although Cooley and Davis were charged with battery, they ended up pleading guilty to disorderly conduct.

Shinas says he waited until now to file his Chicago hazing lawsuit because his two brothers were at the high school and he wanted to wait until they graduated. Shinas says he wants to make sure that other athletes are not subject to the hazing that happened to him.

“Hazing”
Hazing is the term used to refer to an activity a person must go through to join a group. Hazing occurs more commonly in college environments, but hazing rituals have been known to occur among other groups. The Web Site StopHazing.org reports that certain high school teams have been known “initiate” team members with “brutal” activities. While often intended as “tradition” that is in “in good fun,” hazing has been known to cause serious personal injury and wrongful death.

Former athlete suing high school for hazing, ABC 7 Local, June 29, 2009

Ex-prep football player sues over 1999 hazing, Chicago Sun-Times, June 30, 2009

StopHazing.org

Related Web Resources:
Inside Hazing

Hazing underrecognized as cause of serious injury, says MGH physician, Bio-Medicine

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June 5, 2009

Chicago Premises Liability During Swimming Season: CPSC Offers Advice on Preventing Pool and Spa Drownings

Every year, about 300 kids under age 5 drown in pools and spas, while nearly 3,000 others sustain injuries that require emergency room care. Many victims that survive drowning accidents end up sustaining permanent injuries, such as traumatic brain injuries.

The Consumer Product Safety Commission recently issued these latest drowning statistics just in time for the swimming season. The CPSC wants to remind pool owners and supervisors to exercise the necessary precautions to prevent drowning accidents from happening.

80% of child drowning fatalities occur in residential settings. And a premise owner can be held liable for personal injuries if he or she failed to implement the proper safety measures that could have prevented a drowning accident from happening, such as (from the CPSC):

• Making sure that there is adult supervision any time there are children in the pool or spa.
• Installing a four-sided barrier with self-closing gates around the spa or pool.
• Installing safety covers or alarms.
• Knowing basic water rescue techniques.
• Keeping first aid and rescue equipment close by.

One common cause of drowning accidents is drain entrapment, which has been known to occur in residential pools and spas, as well as in public pools and spas. While older drains were designed in such a way that a person’s hair or clothing or another body part could easily get suctioned into the pool or spa drain (causing a potentially fatal drowning accident if the victim got pulled underwater and was unable surface), there are now new drain covers designed so that such incidents cannot happen.

The Virginia Graeme Baker Pool and Spa Safety Act went into effect last December and requires all public pools and spas to be fitted with these newly designed drain covers. The CPSC says that in-ground spas with the older drains and children’s wading pools pose the greatest risk of evisceration and entrapment. Since 1999, 69 people have been injured and 11 others killed due to drain suction.

If your child was injured by a defective pool drain or drowned because the pool owner failed to implement the proper safety measures at a pool or spa, you may have grounds for filing a Chicago personal injury lawsuit claiming products liability, injuries to minors, or wrongful death.

CPSC Announces New Report on Child Drownings and Near-drownings in Pools and Spas, CPSC, May 21, 2009

Related Web Resources:
Swimming Pool and Spa Safety Starts with You!, PoolSafety.gov

Pool Season Begins in Illinois – Enjoy the Water, But Be Safe, eNews Park Forest, May 18, 2009

Pool Safety Report, CPSC, May 2009

Continue reading "Chicago Premises Liability During Swimming Season: CPSC Offers Advice on Preventing Pool and Spa Drownings" »

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May 20, 2009

Illinois Cerebral Palsy Lawsuit: Family to Receive $12 Million Birthing Malpractice Settlement

In Winnebago County, Illinois, the family of 4-year-old Jeremy Law has agreed to settle its birthing malpractice lawsuit with a Rockford hospital for $12 million. This is the largest personal injury settlement to ever be issued in this county. Jeremy now has Cerebral palsy.

Patricia Law was admitted to St. Anthony Medical Center's labor and delivery area on November 7, 2004. A nurse gave her Pitocin to induce labor. Dr. Fernando has stated under oath that he gave Patricia the drug because nursing workers had told him that the baby was positioned heads-down and ready to be delivered. He says he would have performed a Caesarian birth if he had been notified that the baby was in breech position.

Even though the baby’s fetal heart beat became irregular, the nurse administered more Pitocin and did not conduct a vaginal exam to check the baby’s position. Some 15 minutes later, the baby experienced bradycardia and there was not enough oxygen traveling to his brain. It wasn’t until 20 minutes later that Jeremy was delivered by emergency Caesarean.

According to the Illinois medical malpractice lawsuit , hospital staffers neglected to identify that Jeremy was positioned in his mother’s womb for a breech delivery, neglected to detect signs of fetal distress, and neglected to deliver him by Caesarean procedure in a timely manner. Because of their medical negligence, the complaint contends that Jeremy sustained major brain damage because he did not receive enough oxygen during his delivery.

Pediatric neurologists have told the Laws that Jeremy’s developmental age will not go beyond what is now—that of a 2-month-old infant. He will continue to physically develop but he won’t be able to roll over, hold his head up, crawl, sit, stand, or grasp.

Illinois Cerebral Palsy Lawsuits
In order to prove that your child was the victim of birthing malpractice that caused his or her Cerebral palsy, you will need the help of an experienced Chicago birthing malpractice lawyer that understands the complexities involved in these kinds of Illinois medical malpractice cases. In many cases, a child with Cerebral palsy will require specialized medical attention and nursing care for life. The financial toll is generally too much for a family to carry without obtaining obtaining damages from all negligent parties.

You and your child may be entitled to Illinois birthing malpractice damages for the devastating harm, pain, and suffering that all of you must now endure.

$12 Million Settlement in Birth Injury Lawsuit Against OSF Healthcare, Business Wire, May 20, 2009

Related Web Resources:
NINDS Cerebral Palsy Information Page

Cerebral Palsy Program/Guide

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May 18, 2009

Chicago Dog Bites and Dog Maulings: Highland Park Waits to Decide on Proposal to Ban Pit Bulls

In Chicago’s Highland Park, officials have agreed to hold off on making a decision about a proposal to ban pit bulls from the city until they do further research. The proposal had met with resistance from pit bull advocates.

Highland Park Mayor Michael Belsky put forth the prohibition proposal after a teenage girl had to have hundreds of stitches sewn into her face and shoulder after a pit bull attacked her.

The dog bite victim, 14, was petting Bam Bam, a 9-year-old male pit bull earlier this month when the pet attacked the girl. Following the Chicago dog bite incident, Bam Bam was euthanized. The pit bull's owner was cited for failing to vaccinate the dog for rabies and not having a dog license. Bam Bam was on a leash when the Highland Park dog attack happened.

Legislation targeting specific breeds has met with resistance from orgaizations such as the American Kennel Club and the American Society for the Prevention of Cruelty to Animals. Opponents of such legislation say that the dog owners, not a specific breed, should be punished.

Dog Bite Prevention Week
Throughout the United States, May 17 - 23, 2009 is dog bite prevention week, which is designed to promote awareness among dog owners and people that are around dogs so that dog attacks don't happen.

Dog Bite Facts:
• Approximately 4.5 million dog bite injurires occur annually.
• 885,000 of these dog bite victims will need to see a doctor for their injuries.
• 31,000 dog bite victims had to undergo reconstructive surgery in 2006 to heal their dog bite injuries.
• The age group at highest risk of becoming a dog bite victim is children, ages 5 to 9.

Some Steps Illinois Dog Owners Can Take to Prevent Dog Attacks or Dog Maulings:
• Leash your dog.
• Socialize your pet.
• Train your dog.
• Teach your dog how to play in a non-aggressive manner.
• Teach your dog how to obey you.
• Don’t leave your dog unsupervised when children are around.
• If your dog is an aggressive or dangerous dog, keep him or her away from others or properly restrain your pet so no one gets hurt.

You or your child may be entitled to Illinois personal recovery for a Chicago dog attack incident.

Highland Park waits on pit bull ban, Chicago Tribune, May 15, 2009

Dog Bite Prevention, CDC


Related Web Resources:
Tips to Prevent Dog Bites, American Kennel Club

City of Highland Park, Illinois

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March 18, 2009

Chicago Personal Injury Lawsuit Accuses South Holland School District Workers of Unfairly Punishing Middle School Student

In Illinois, a mother is suing South Holland School District 151 for her son’s personal injuries. Leslie Connie’s Chicago personal injury lawsuit involving injuries to minors alleges that her son Isaac, a Coolidge Middle School student, was made to hold two large books in his arms for almost half an hour while staying in a crouched position until he eventually urinated on himself. Her complaint also contends that he had to go back to his classroom with the urine still on his clothing.

Connie says that he was being punished after his friends had made a mess in the school lunchroom and he couldn’t complete the initial punishment of running laps because he has foot problems and Asthma.

Connie says that a school social worker and counselor who no longer are employed by the school district are the ones that came up with the punishment. Also named as a defendant in the Chicago personal injury lawsuit is Coolidge Principal Patricia Payne. Connie says she believes this type of punishment is more prevalent at the school than one would think.

Isaac is now studying at a private school. Connie says that as a result of the incident, Isaac has been experiencing nightmares, anxiety, panic attacks, and regular flashbacks.

Illinois Injuries to Minors
A person younger than 18 cannot sue for Illinois personal injury without the assistance of his or her parent, guardian, or another adult. Seeking personal injury compensation for a child or another minor can allow them to receive the compensation they need to treat any serious injuries. It also is a way to hold any liable parties responsible for negligent behavior or reckless actions.

Lawsuit: School punishment resulted in student urinating on himself, Southtown Star, March 16, 2009

Mom: School forced son to squat 30 minutes until he soiled himself, Sun-Times, March 16, 2009


Related Web Resources:
States with Corporal Punishment in School, Family Education
South Holland School District 151

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March 12, 2009

Chicago Food Manufacturer Stops Making Tortillas Linked to School Kids’ Gastrointestinal Illnesses

In Illinois, Del Rey Tortilleria, Inc. has stopped making tortillas until it passes sanitary inspections by federal regulators. The Chicago food maker, which also makes corn flour and tostadas, is being sued by the federal government for allegedly maintaining unsanitary conditions while making the floor tortillas. The tortillas have been linked to schoolchildren in Wisconsin and Massachusetts who experienced flu-like symptoms after eating the tortillas. Incidents stem as far back as 2003 in Massachusetts and as late as 2007 in Wisconsin.

The Chicago food manufacturer has failed six federal sanitary inspections since 2003. Violations have included unhygienic practices, neglecting to take adequate steps to keep out pests, using paint buckets to store raw ingredients, using inadequately installed fixtures and plumbing, and placing chemicals near raw ingredients.

The Food and Drug Administration must approve the food maker’s safety program before it can start producing tortillas again. One of the requirements is that the food maker must hire two FDA-approved safety experts.

Gastrointestinal Illnesses
Gastrointestinal illnesses can occur when a person has been exposed to different germs and microbes. Symptoms of gastrointestinal illnesses can include vomiting, diarrhea, abdominal pain, nausea, cramps, rashes, headaches, fever, and paralysis.

Products Liability
Food manufacturers, distributors, and restaurants are required by law to make sure that any food that is made, prepared, or served is free from harmful bacteria or other contaminants. Bacteria in food can lead to salmonella, food poisoning, viruses, and sometimes even death.

If you believe that you or someone you love became seriously sick because you ate a spoiled or contaminated food product, you may have grounds for filing an Illinois products liability lawsuit against all negligent parties. Your illness may have caused serious pain and suffering, as well as required expensive medical care. If you had to take time off work to recover, you may have lost wages.


Chicago tortilla plant linked to illnesses at schools stops production, Chicago Tribune, March 7, 2009

Chicago tortilla maker sued by federal government agrees to stop making some products, Star Tribune, March 6, 2009

Related Web Resources:
Del Rey Tortilla Recall, Chicagoist.com

Multiple Outbreaks of Gastrointestinal Illness Among School Children Associated with Consumption of Flour Tortillas --- Massachusetts, 2003--2004, CDC

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February 10, 2009

Burn Injuries Sustained by Chicago Baby Living in Public Housing Raises Issue of Maintenance Lapses

A few months ago, the Chicago Housing Authority settled a personal injury lawsuit involving a female infant who sustained serious burn injuries while living in the city’s public housing. In 2004, Jasmine Watson had rolled off a bed and landed on a hot radiator coil that had a broken cover.

The incident took place in at the Harold Ickes Homes located on the Chicago South Side. Jasmine’s grandmother, who was the tenant registered with the CHA, says that the radiators have been defective for years even though the malfunction has been noted during yearly unit inspections.

The CHA was unable to come up with inspection documents for years past, but a notice from just two months before the accident does report that there were defective radiator covers.

Jasmine, who is now five, has permanent scars from the Chicago premises liability accident. She will have to wait until she is older before she undergoes more medical procedures to treat her injuries.

The injuries to minor lawsuit was settled for $225,000. However, the CHA has never admitted fault.

Since 2000, the CHA has been named in over 180 premises liability complaints by residents that have to live with chronic living conditions, including rats, defective appliances, leaks, roaches, mold, defective lighting, hazardous stairwells, and sewage issues. These problems make for poor living conditions and dangerous hazards that can cause personal injury or wrongful death accidents.

Premises Liability
Chicago landlords and property managers are obligated to make sure that they repair all maintenance issues and get rid of any hazardous conditions on a premise. Common grounds for premises liability claims include:

• Inadequate security
• Improper maintenance
• Slip and fall
• Hazardous or unsafe conditions

CHA accident burns girl, raises maintenance questions, Chi-Town Daily News, February 9, 2009

Premises Liability Overview, Justia


Related Web Resources:
Chicago Housing Authority

Buildings closed at Ickes Homes, Chicago Journal, January 21, 2009

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January 30, 2009

Illinois Orders Chicago Daycare Center Shut Down After Worker is Charged in 16-Month-Old’s Death

The state of Illinois is ordering the Minee Subee daycare center in Lincolnshire to shut down after one of its workers was charged with the first-degree murder of a 16-month-old child who was being taken care of at the facility.

The daycare employee, Melissa M Calusinski, is accused of allegedly throwing Benjamin Kingan onto the floor on January 14 because she was frustrated that the children were making so much noise. The toddler sustained traumatic brain injuries, a skull fracture, and massive bleeding. Benjamin died from his injuries.

Kalunski was a teacher’s aid at the Chicago daycare center. She reportedly told investigators that she “forcefully threw” Benjamin to the ground after she lost her temper. Following the alleged assault, the toddler grabbed a blanket, climbed into a chair, and passed out. It was then that Kalunski contacted police and asked other workers for help.

Premises Liability
Chicago daycare centers and other facilities charged with the care or supervision of children are supposed to make sure there are no hazardous conditions or dangerous persons on a premise that could cause a child under their care any harm. When failure to properly supervise employees, remove or repair dangerous conditions, or provide proper security on the premise leads to injuries or death, the premise owner and others involved could be held liable with a Chicago personal injury or wrongful death lawsuit.

In an unrelated incident, The Chicago Sun-Times is reporting that a 30-year-old mother broke the window of a local daycare center when she saw that her son was alone and locked inside the facility. Police are looking into this matter.

Daycare where baby died shut down, Chicago Sun Times, January 30, 2009

Mom Finds Child Locked Inside Daycare Alone, Chicago-Sun Times, January 28, 2009

Grieving Mom Speaks at Toddler's Funeral, NBC Chicago, January 22, 2009

Toddler's 'injuries weren't apparent', Lake County News Sun, January 19, 2009

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January 27, 2009

Risk of Birth Complications May Increase with Early Repeat Caesarean Deliveries

A new study sponsored by the National Institute of Child Health and Human Development shows that scheduling a Caesarean birth for convenience, rather than necessity, can increase the chances the baby will be born with what could be serious birth complications. The report comes as health officials express alarm at how the number of Caesarean births taking place in the US is at a record high.

Over 1/3rd of babies in the US are now born via C-section. Why this increase has occurred is unclear. One reason may be that more women are having babies at a later age, which can increase the chances of birth complications. While the American College of Obstetricians suggests that mothers do not undergo elective repeat C-sections sooner than her 39th week of pregnancy, elective C-sections do take place earlier in a woman's pregnancy.

There are many valid medical reasons to deliver a baby by Caesarean. However, once a woman has delivered her baby surgically, rather than vaginally, she is more likely to undergo the same procedure in the future. Reasons why a woman might elect to deliver by Caesarean include, excitement to see the baby as soon as possible, fitting into a preferred obstetrician’s schedule, and convenience.

Data for the study came from the National Institute of Child Health and Human Development. Among the findings:

• 24,077 women had a repeat C-section between 1999 and 2002.
• 13,258 of these Caesarean births were elective. This means there was no medical reason for why the mother couldn’t deliver her baby vaginally.
• 36% of the deliveries took place earlier than 39 weeks.
• Over 15% of the babies who were delivered at 37 weeks experienced complications, including low blood sugar, breathing problems, respiratory distress, and medical conditions requiring intensive care.

More about the study can be found in the New England Journal of Medicine.

Early Repeat C-Sections Increase Risks, Study Finds, Washington Post, January 8, 2009

Caesarean problems increase, News-Leader.com, January 26, 2009


Related Web Resources:
National Institute of Child Health and Human Development

New England Journal of Medicine

CaesareanBirth.com

Birthing Errors
If you believe your son or daughter sustained a birth complication because you received the wrong medical advice or because mistakes were made during delivery, you may be entitled to birthing malpractice compensation.

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January 24, 2009

Mother Files Chicago Wrongful Death Lawsuit Over Son’s Death in Fire at South Side Day Care Center

In Cook County Circuit Court, Deborah Green filed her Illinois wrongful death lawsuit over the death of her son Darjon Taylor. The 22-month-old boy died in January 2008 after he became trapped in a fire at Porter’s Playhouse, a day care center in Chicago.

In her lawsuit, Green accuses day care owner and operator Thomasine Porter of not providing and properly maintaining working smoke detectors. The complaint also says that the city of Chicago neglected to cite Porter or shut down her facility.

Just two months before the fire started in Porter’s basement, which also serves as the day care center, Porter was cited for not having working smoke detectors. A smoke detector, however, did sound on January 16, 2008 when the fire broke out. Porter tried to douse the flames with a fire extinguisher. When her attempts proved futile, she began pulling the children out of the burning house.

The day care operator was able to rescue five of the kids under her charge. However, the flames became too large for her to reach Darjon, who was eventually rescued by firefighters. The found him hiding in a closet. Darjon, who experienced smoke inhalation, was later pronounced dead.

Smoke Inhalation
According to Emedicinehealth.com, the number one cause of fire-related deaths is smoke inhalation, resulting in 50-80% of fire fatalities. Smoke inhalation can take place when a person breathes in combustion products during a fire.

Premises Liability
Premise owners are supposed to make sure that there are not any hazardous conditions on a premise that can cause patrons, visitors, or residents to get hurt. If there are potential hazards, it is the responsibility of the property owner or manager to repair or remove them. Negligence to perform this duty of care could result in an Illinois premises liability or wrongful death lawsuit if someone is injured or dies.

Officials probe South Side day-care fire that killed toddler, Chicago MetroMix, January 16, 2009

Mother files lawsuit over son's death in 2008 South Side day-care fire, Chicago Tribune, January 15, 2009

Smoke Inhalation, Emedicinehealth.com


Related Web Resources:
Teaching preschoolers to be fire safe, Cyberstreet.com

Premises Liability Overview, Justia

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December 31, 2008

Chicago Area Ranks #27 out of 50 Major Metro Areas for Safest Teen Drivers on New Year’s, Says Allstate

A recent Allstate study ranks the Chicago area the 27th metro area (out of 50) with the safest teen drivers in the United States on New Year’s. The data was compiled over an 8-year period by Allstate and research firm Sperling’s BestPlaces. Among the findings was evidence that more deadly accidents involving teen drivers occurred in less densely populated rural areas where there was more room to engage in high speed driving.

Traffic crashes continue to be the leading cause of death among young drivers, ages 15 – 20. In 2007, according to the National Highway Traffic Safety Administration:

• 6,982 young drivers died in deadly auto crashes.
• 3,174 young drivers died in these crashes.
• 252,000 others sustained injuries.
• 1,631,000 young drivers were involved in police-reported auto accidents, of which there were 10,524,000.
• 118 young drivers died in Illinois motor vehicle crashes.
• 80 traffic victims died while riding in vehicles operated by young drivers.
• 53 of the people that died in Illinois teen driving accidents were occupants of other vehicles.

Common Causes of Teen Car Crashes:

• Inexperience
• Driving under the influence of alcohol or drugs
• Nighttime driving
• Speeding
• Teens riding in cars with teen drivers
• Reckless or careless driving

According to the Centers for Disease Control and Prevention, drivers ages 16-19 are the age group most likely to be involved in a motor vehicle crashes. However, especially during the holiday season, they are not the only age group at high risk of getting involved in auto accidents.

The NHTSA says drivers in the 21-24 year old age group are more likely to be involved in deadly drunk driving accidents. 4 out of 10 fatal crashes involving alcohol that occur each year often happen during the holiday season leading up to New Year's.


Teen drivers safer in big cities, Allstate study suggests, Chicago Tribune, December 31, 2008

Allstate Holiday Teen Driving Hotspots Study Reveals Highest Rates of Deadly Teen Crashes on New Year's Eve and New Year's Day, Allstate Newsroom, December 29, 2008

Teen Drivers: Fact Sheet, CDC
National Highway Traffic Safety Administration

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December 12, 2008

High School Rugby Star Involved in Illinois Hit-and Run Accident that Killed Classmate Admits He Drank Alcohol Before Getting in Minivan

The Mt. Prospect Heights teen who has been charged in the Illinois hit-and-run collision that killed Hersey High School classmate Monika Skrzypkowski has admitted that he drank vodka and seven beers at a party before getting behind the wheel of his motor vehicle. Schuh is the school’s rugby team captain.

Following the tragic DUI accident on Saturday night, 17-year-old Kevin Schuh registered a .063% blood alcohol content. While this figure is lower than the .08% BAC legal limit for driving in Illinois, Schuh has admitted that he was too drunk to drive. He is accused of hitting Skrzypkowski as she crossed a Prospect Height street.

Skrzypkowski, 15, was struck by Schuh’s minivan on Elmhurst road after she and a few friends left her boyfriend’s birthday party. Following the crash, Schuh contacted police and at first claimed that someone vandalized his vehicle. He later admitted to driving the vehicle that killed the high school sophomore.

Schuh is charged with reckless homicide, aggravated DUI causing a death, and leaving an accident scene. In Cook County Circuit Court on Monday, a judge set his bail at $500,000.

Illinois Drunk Driving
• Every year, about 50,000 motorists in Illinois are charged with DUI.
• 4,000 of these drivers are underage drinkers.
• Since the state enacted its “Use It and Lose It” Provision in 1995 that enforces a zero-tolerance law for underage motorists who drive with any alcohol in their system, an additional 3,000 underage drivers are ticketed annually.
• In Illinois, DUI charges can be brought against a driver even if his or her BAC was less than .08% if prosecutors can prove that the drinking resulted in personal injury or wrongful death.

The National Highway Traffic Safety Administration says that the 21-year-old minimum drinking age has saved 4,441 lives in the last five years.

Teen in Prospect Heights crash that killed girl admitted drinking, Cook County prosecutors say, Chicago Tribune, December 9, 2008

$500K Bond For Teen Accused Of Fatal Hit-And-Run, CBS2Chicago.com, December 9, 2008

New Data Show Drinking Age Laws Saved 4,441 Lives Over 5 Years, NHTSA, November 6, 2008


Related Web Resource:

Facts about Use It & Lose It, CyberDrive Illinois

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December 11, 2008

Former Loyola University Chicago Professor is Sued Again for Sexual Abuse

Another person is accusing Reverend John Powell, a Jesuit priest who taught at Loyola University Chicago, of child sexual abuse. The woman, who filed her Illinois personal injury lawsuit in Cook County Circuit Court, is seeking at least $50,000 in damages.

The woman says Powell, now 83, molested her in 1967 during private counseling sessions when she was a 17-year-old teen attending a spiritual retreat. In her lawsuit, where she is identified as “Jane Doe 125,” the plaintiff contends that Powell made her sit on him, kiss him, and at least once had her take off part of her clothing so he could touch her.

Also named as a defendant in her child sex abuse lawsuit is Chicago Province of the Society of Jesus. The plaintiff says the Jesuit order was aware that Powell was sexually abusing minors and covered up his misconduct.

This is the third civil lawsuit filed since 2003 that seeks damages from Powell for alleged sexual abuse. Other alleged victims have accused Powell of using his roles as a professor and counseler to sexually abuse young girls. As a professor at Loyola University, he conducted numerous spiritual retreats where he had access to minors.

In a 2006 sex abuse lawsuit, a former Loyola University student sued the Chicago order of Jesuits because Powell allegedly sexually abused her during private counseling sessions when she was a college student. Plaintiff Diane Ruhl says school administrators and Jesuit leaders were notified about the abuse incidents but did nothing to stop Powell. In 2003, four females sued Powell for sexual abuse. He settled their civil lawsuit out of court in 2005.

Illinois Child Sex Abuse Lawsuit
While Illinois generally requires that victims of child sexual abuse file their civil lawsuits by their 28th birthday, a victim who is older can to file an Illinois sexual abuse lawsuit if no more than five years have passed since he or she “discovered” that the sexual abuse occurred. With this latest case, the woman claims that it was only recently that she realized Powell sexually abused her.

Delayed Discovery
It may take years for some victims of child sexual abuse to remember or realize what happened to them. The victim may have been too young to understand what happened or did not know how to properly convey that he or she was being abused. The victim may also have suppressed the memories out of fear or trauma. It can take years for the memories to resurface.

Former Loyola professor charged in sex abuse case, Chi Town Daily News, December 10, 2008

Former Loyola Jesuit was professor, author and counselor, Loyola Phoenix, December 4, 2008


Related Web Resources:

Chicago Province of the Society of Jesus

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December 9, 2008

Waukegan Mother Says 6-Year-Old Daughter Continues to Have Nightmares After School Directed Her to Walk Home

The Illinois mother of a Waukegan elementary school student is incensed because she says that Hyde Park Elementary School workers directed her daughter to walk home. Kandi Stone says her daughter Arejohnnae Powers, now 7, became so traumatized when she wandered on her own that she continues to have nightmares. Following the incident, Stone removed her daughter from the Waukegan elementary school and Arejohnnae now studies at home with a licensed teacher.

According to Stone, her older daughter arrived at the school to pick Arejohnnae up on September 15, 2008, but the young girl could not be found. Stone and other officials went looking for Arejohnnae. A relative reported finding the girl nearly two hours later.

Hyde Park school officials say they apologized to Stone and her daughter and remedied all policies that allowed the incident to happen. Principal Brian Carr says the proper steps were followed that day. The school office told Arejohnnae’s teacher that an older sibling was coming to get the girl and after school, the teacher told the younger girl to go outside with the other students.

However, no one was outside the school to pick Arejohnnae up because her older sister was waiting in the school office. The young girl ended up leaving the school by herself. The school says there were teachers supervising the school grounds but no one saw Arejohnnae leave the premise.

Schools, daycare centers, summer camps, and other facilities where children are placed in the care of adults are supposed to make sure that their charges are properly supervised and not placed in situations were they could suffer physical harm. The premise managers/owners are also supposed to remedy any conditions that could lead to injuries or death, including:

• Defective playground equipment
• Inadequate security
• Poor supervision
• Improper safety procedures

Waukegan mother says daughter, 6, was mistakenly told to walk home from school, Chicago Tribune, December 5, 2008


Related Web Resources:

Premises Liability, Justia

Hyde Park Elementary School

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