Illinois Injury Lawyer Blog

Two Recent Reports Demonstrate Dangers Associated with Defibrillators

Thu, 17 May 2012 00:58:50 -0600

It’s an especially difficult time to be a patient suffering from cardiac-related ailments.

According to separate reports by MSNBC and the New York Times, respectively, problems have arisen with devices intended to treat heart problems: implanted defibrillators and automated extrinsic defibrillators have each, individually, had problems that could potentially cause death to patients who rely on their use for survival.

A defibrillator is a device that is intended to emit a potentially life-saving electrical jolt to interrupt a failing heartbeat and restore the heart to normal cadence.

As it relates to these situations, Illinois product liability law is an area of personal injury law that focuses on dangerous and defective products; it is the area of law in which manufacturers, distributors, retailers, and others who manufacture and disseminate goods to the public are held responsible for the injuries caused by those products. "Products" in this instance covers a wide range of categories, including medical devices such as the defibrillators and defibrillator parts in question.

There are three main types of Illinois product liability claims:
1. A manufacturing defect, which generally occurs when an otherwise safe product is assembled carelessly;
2. A design defect, which occurs when, no matter how well the product is put together, its intent or layout is inherently dangerous; 
3. A failure to warn, which can occur when a product markets a product that they know to be potentially hazardous, and fails to warn consumers of the latent danger.

In each particular situation, a different type of liability is involved.

The New York Times reports that St. Jude Medical, a company responsible for manufacturing defibrillator implants, has become aware of several situations in which problems have arisen where the cable or lead connecting the defibrillator to the heart has failed and the electrical wires inside it have worked their way out through the lead's coating. In fact, a study conducted last summer showed that wires were protruding out of their casing in 15 percent of the devices produces by St. Jude. When that happens, the potential arises for a short circuit when the device fires what otherwise should be a life-saving jolt. This would constitute a manufacturing defect, because the device is put together in a way that ultimately fails and has the potential to cause serious harm to the consumer.

The second situation involves external defibrillators purchased by hospitals around the country in order to save the lives of patients who go into sudden cardiac arrest.

According to the report by MSNBC, the newest generation of defibrillating gear (automated, as opposed to human-powered) now found in nearly all U.S. hospitals, saves fewer lives than the old, lower-tech defibrillators. In fact, estimates show that the use of automated equipment means that close to 1,000 more hospital cardiac-arrest patients die every year in the U.S. than when the older equipment was used.

This is one case in which new technology does not provide improvements in healthcare, and provides a clear representation of Illinois product liability cases involving design defect because, no matter how well the device is put together, it is inherently hazardous as compared to the other available options.

Our Chicago personal injury attorneys understand the dangers associated with defective medical devices. In fact, our attorneys brought a case against Orion Research Inc. and Baxter Health Care Corporation for a flawed test for the genetic disease cystic fibrosis. The failures of the test led a set of parents to have second child born with cystic-fibrosis. In addition to winning a substantial settlement for the family, our attorneys and the family were more concerned with the discontinuation of the test. As a result of our efforts, the test was eliminated.

If you or a loved on have suffered injury as a result of the a defective medical device, contact an attorney to learn whether you are entitled to compensation under the law.

Our Personal Injury Attorneys are Concerned for the Safety of Chicago Residents During Upcoming NATO Summit

Wed, 16 May 2012 23:43:07 -0600

While many large-scale publications such as the Huffington Post have dubbed the opportunity a “coveted spotlight” for the City of Chicago, our Chicago personal injury lawyers are concerned for the safety of residents during the upcoming interlude when the NATO Summit graces our town.

A NATO summit, such as this one, is a meeting in which the Heads of State of the NATO member countries evaluate & plan Alliance activities. NATO, or the North Atlantic Treaty Organization, is an international, intergovernmental military allegiance based on the North Atlantic Treaty, in which all member states agree to defend one another: an attack on one is considered an attack on all. NATO Summits are not regularly scheduled meetings, but are instead timetabled based on important international events or circumstances.

According to a report this week from CBS Chicago, officials are concerned that reactions from local citizens may cause fallout in the way of dangerous circumstances across the city. At this point it’s impossible to predict what sorts of situations may arise, but both city officials and Red Cross workers are putting plans in place for a mass evacuation of Chicago in the event of riots this upcoming weekend.

CBS Chicago also reports that a heavily armed security team will start making a very public appearance around federal buildings in the Loop this week, and that “the American Red Cross in southeastern Wisconsin has been asked to place a number of shelters on standby in the event of evacuation of Chicago.” As is consistent with Illinois law, the plans to protect citizens have come from the City of Chicago itself.

Under Illinois law, premises liability law is a significant branch of Illinois personal injury law that allows victims to recover after they have been injured on another person’s property, and the negligence of the property owner was the cause of that harm; here the ‘property’ would be the entire city of Chicago for which city officials have assumed care.

In order to apply to a set of circumstances, Illinois premises liability law requires a number of factors to be satisfied: the defendant must be the manager or possessor of the land, or “premises” – in this case, if injuries were to occur as a result of a lack of protection provided by the City of Chicago, the defendant would be the city itself and the person or persons responsible for organizing necessary safeguards. Additionally, the person or persons on the land of another must be injured by negligence or a different wrongful act; in this particular situation, the city officials have a duty to ensure that situations don’t get out of control.

Again, no one can know for certain what the future will hold. With any amount of luck, the weekend will come and go without incident, and any Chicago personal injury attorney would hope that no injuries actually occur. Nevertheless, if the City of Chicago does not provide sufficient protection and citizens are harmed, an Illinois personal injury lawsuit may arise. Our attorneys have taken on the City in a number of other cases in which Chicago was negligent, and even won a $10 million settlement for a 5-year-old boy who was run over by a City of Chicago Fire Department truck while playing in an open fire hydrant on the Fourth of July, resulting in the loss of his leg and half of his pelvis.

Child's Fall at Chicago's Midway Airport Gives Rise to Consideration of Premises Liability Law

Tue, 15 May 2012 23:26:14 -0600

Though, fortunately, the injuries suffered in this case aren’t likely severe enough to warrant a Chicago personal injury lawsuit, an incident this afternoon at Chicago’s Midway Airport affords an opportunity to consider the notion of, and considerations behind, Illinois premises liability law.

According to a report by NBC Chicago, an 8 year-old boy with Down Syndrome was injured when he fell more than 20 feet – the equivalent of 2 stories – at Midway Airport in Chicago. The child and his family were at the airport to catch a flight back home to Guadalajara; while the boy was playing with a plant near a glass railing, he fell from the ticketing area to the baggage claim below.

The boy was immediately transferred to Advocate Christ Medical Center in Oak Lawn in "serious" condition with "non-life threatening injuries," said Chicago Fire Department Spokesman Larry Langford. Fortuitously it turned out that the boy only suffered a cut lip, but the fact that the situation occurred is alarming unto itself.

This particular incident would remind any Chicago personal injury attorney of a tragic situation that occurred in 2009 when a 15 month-old boy died from a fall at an international airport after he fell from an upper departures area of the airport to a lower arrivals level. In any situation, it is the responsibility of the persons managing the airport’s premises to ensure that the area does not pose an unreasonable risk of injuries from a potentially-avoidable fall.

Illinois premises liability law is a significant branch of personal injury law that allows victims to recover after they have been injured on another person’s property, and the negligence of the property owner was the cause of that harm. In order to apply to a set of circumstances, premises liability law requires a number of factors to be satisfied: the defendant must be the owner or possessor of the land, or “premises." In this case, if a suit were to be filed, the defendants would be the persons or group responsible for managing the airport and its premises.

Additionally, the requirements state that the person or persons on the land of another must be injured by negligence or a different wrongful act. Illinois premises liability law may be triggered if it can be shown that the property owners or managers either failed to maintain the property, created unsafe conditions that caused the potential injury, or knew about the unsafe hazard but didn't alert visitors or tenants to this fact; in this particular situation, a potential lawsuit would claim that the defendants failed to warn visitors of foreseeable dangers, failed to have proper barriers to prevent falls, and maintained a premise with unreasonably unsafe conditions.

Moreover, in cases such as the one involving the 15 month-old boy, the potential for a claim could arise from the child’s wrongful death. Under Illinois law, wrongful death is the legal concept that arises when a person’s death has been caused by the fault or negligence of another person or business. In cases of wrongful death such as this one, family members and loved ones of the decedent can file a claim to potentially make the wrongdoer pay damages for things such as the loss of companionship, monetary damages to cover the earnings the deceased person would have provided, and expenses associated with the death such as funeral and burial costs.

Our Chicago personal injury lawyers have handled numerous premises liability cases and understand what it takes to succeed in even the most complicated cases of landowner liability. In fact, our attorneys won a $510,000 settlement against a restaurant which caused patrons to wait in area too close to steps leading to downstairs banquet area, leading to our client’s fall down the stairs that resulted in a fractured hip and foot.

Though a lawsuit can never bring a loved one back to life, it is a step in the right direction, both for achieving justice, and making those at fault pay for their carelessness. If you or a loved one has been injured on another’s property as a result of the property owner’s negligence, contact an attorney to be apprised of your rights under the law.

Today's Formula 1 Grand Prix Fire Affords Opportunity to Consider Illinois Premises Liability Law

Sun, 13 May 2012 02:47:38 -0600

It should have been a time to celebrate.

In a devastating turn of events, 31 people required medical attention after a blaze engulfed a racing team’s garage as the crew celebrated their driver’s win at this week’s Formula 1 Grand Prix. According to reports by Bloomberg and the BBC, a number of personnel are currently being treated at a variety of local hospitals for serious burns and smoke inhalation after fuel exploded while it was being prepared for transportation as part of the post-race procedure.

As the team was taking a photo to commemorate the win, the explosion caused the garage to fill with smoke. Not only were members of the winning team hurt by the blast and fire, but crew from other teams with proximate garages were also taken to nearby medical centers for examination.

Though blame has not yet been placed, it seems clear that the fire began in the area in which the fuel was stored. As a result, liability may lie with the persons responsible for maintaining the garage and making sure that the fuel was properly stored and transported.

As it would apply here, Illinois premises liability law, a significant branch of Chicago personal injury law, allows victims to recover after they have been injured on another person’s property, and the negligence of the property owner or manager was the cause of that harm. In order to apply to a set of circumstances, premises liability law requires a number of factors to be satisfied: the defendant must be the owner or possessor of the land, or “premises” – in this case, the potential defendants would be the people responsible for running the garage.

Additionally, the person or persons on the land of another must be injured by negligence or a different wrongful act; in this particular situation, that might include a failure to ensure that fuel was appropriately stored or transported in a safe manner. Illinois premises liability law may be triggered if it can be shown that the property owners or managers either failed to maintain the property, created unsafe conditions that caused the injury, or knew about the unsafe hazard but didn't alert visitors or tenants to this fact.

Our Illinois personal injury lawyers have handled numerous cases and recovered millions of dollars in verdicts and settlements for the families of victims who were wrongfully injured or killed because of someone else's negligence. In fact, our attorneys obtained a $6.0 million settlement for the families of 6 children who died in a tragic apartment fire on Chicago's north side. Two other children sustained severed burns in the fire. The landlords of the building failed to have proper and working smoke detectors in violation of the Chicago Municipal Code and the children were not able to escape the building in time.

If you or a loved one have been injured on the land of another because of the landowner’s negligence, contact an attorney to discuss your rights under the law. You may be entitled to compensation for your suffering.

Food Intended For Man's Best Friend Inadvertently Poisons Pet Owners

Fri, 11 May 2012 01:43:02 -0600

Illnesses from food poisoning can be alarming, but perhaps even more terrifying are cases in which you don’t even have to eat the food to be sickened by it; in those types of situations, identifying the contaminated product and holding the negligent company can prove to be even more difficult.

Fortunately, however, a number of cases of a recent potentially deadly outbreak have been linked back to a particular source: dog food.

According to a recent article on MSNBC, Diamond Pet Foods, a U.S.-based commercial pet food manufacturer, has expanded a recall of its dry dog food, taking precautionary steps after several of its brands were linked to an outbreak of a rare strain of salmonella poisoning that infected at least 14 people in nine states. The common link between all of the victims were that they had dogs or dog foods prior to their illness.

Diamond Pet Foods has dog food manufacturing plants across the country. In fact, Diamond’s main line is not the only pet food brand whose products pose risks to customers: other product lines produced by Diamond, such as Canidae Pet Foods, Apex Pet Foods, Natural Balance Pet Foods, and Chicken Soup For the Dog Lover’s Soul Foods have all pulled products from the market because of the potential for salmonella contamination. Additionally, Kaytee Pet Foods has taken its Forti-Diet Pro Health Mouse, Rat and Hamster food off the market for the same concerns. No word has been released on the effects of the poisoning to the pets for whom the food was originally intended, but the effects to the pet owners has been devastating.

Salmonella is a form of bacteria generally found in cold- and warm-blooded animals. Infections usually arise following consumption of foods contaminated with the bacteria. Although all persons are at risk for developing salmonella poisoning, infants, the elderly, and adults with compromised or weakened immune systems are more susceptible to infection. Salmonella contamination can arise from a number of sources, but commonly comes from such sources as infected food, poor kitchen hygiene, bodily fluids from sick individuals, and polluted water. According to MSNBC, more than 2,500 forms of salmonella are known to exist, but in this particular epidemic all victims were infected with an extremely rare form of the infection.

Corporations that produce and distribute food owe a duty of care to their customers; manufacturers of all types of consumer goods are responsible for ensuring that the products they distribute to the public are safe for human use, but this is especially true when companies disseminate food. When an individual falls ill because of a contaminated food product, the company responsible for causing that illness may be made to pay to compensate the consumer. Damages in an Illinois personal injury lawsuit, such as one that may arise in this case, might include such things as hospital and medical bills, as well as money lost from an inability to work.

The affected products were distributed to 16 states across the U.S., including Illinois. To date, Diamond Pet Foods has recalled a total of nine brands of its dry dog food.

Victims of foodborne illnesses who suffer serious personal injury, hospitalization, or death may be able to seek compensation for economic and non-economic damages, if a manufacturer or distributer is responsible for the failure to contain the infection. Our Illinois personal injury attorneys have extensive experience handling Illinois food poisoning cases, including a $4 million settlement for three convention attendees who contracted salmonella poisoning that caused them to suffer crippling arthritic injuries.

If you or a loved one have suffered from a foodborne illness, seek immediate medical attention. A doctor will be able to diagnose if you have been infected with salmonella poisoning. Additionally, an attorney may be able to apprise you of your rights under the law.

Second Recall of Dangerous, Defective Toothbrushes - This Time for a New Flaw

Wed, 09 May 2012 19:37:19 -0600

Brushing one’s teeth shouldn’t cause this much trouble.

Earlier this year our Chicago personal injury attorneys expressed concern over a recall of electric Spinbrush toothbrushes after they caused consumers to have chipped or broken teeth, cuts to the mouth and gums, injuries to the face and eyes, and choking hazards, as a result of pieces breaking off. Now, that same product is subject to yet another FDA recall, this time as a result of the fact that the brushes' charging base may overheat, causing melting and sparking, possibly causing fire, shock, or burns.

According to a recent report by the Wall Street Journal, the manufacturing corporation has received reports of this particular malfunction both from the United States and Canada. Church & Dwight, the maker of this toothbrush and a major U.S. manufacturer of household products such as Trojan condoms and Arm & Hammer laundry detergent, is reportedly cooperating with the FDA’s recall of the toothbrushes.

Just as in the previous recall, the toothbrush in question, the Spinbrush, comes in both children’s and adult models; according to the FDA, all available models have the potential to harm consumers. The consumer-products maker said that the toothbrushes were distributed between February 2010 and October 2011 across the U.S., including to consumers in Illinois. The recall is limited to lots that range from DD9310 to 9365 and DD0002 to 0122, but customers had – and have – the right to expect that all products will be free from hazardous defects when they buy goods off the shelves of retail stores.

Special Illinois personal injury laws are in place to protect consumers from these dangerous products, and to help customers recover after they have been injured: an important concept in Illinois personal injury law is the idea that companies are responsible for ensuring the safety of products that they put on the market. Corporations are expected to test their merchandise to ensure that the products conform to applicable safety regulations, and when dangerous or defective products are disseminated to the public, the companies may be held legally responsible for injuries that arise from the use of those hazardous products. In this case, when customers are harmed by the brushes’ defective, overheated parts, the manufacturer may be made to pay for hospital and medical bills incurred, as well as any other types of damages that arise from using the product.

Our Chicago personal injury lawyers want people to be especially cautious. If you have one of these types of toothbrushes, inspect it immediately before using it or, better yet, replace it with a less-dangerous type or brand of brush. If the toothbrush appears to be damaged in any way, do not use it at all. Further, the FDA advises consumers to return the brush to a local retail store for a full refund, and to follow all instructions and recommended replacement guidelines for the product.

We are particularly proud of the changes that our Chicago personal injury lawyers’ efforts have brought in the area of products liability cases. In many instances, our attorneys have not only recovered substantial verdicts and settlements for our clients, but also helped to ensure that defective products were removed from the market and prevented from causing any further pain, suffering, and damage to consumers.

If you or a loved one have had an incident with a product that caused an injury, or if you are the survivor of someone who may have died from the use or exposure to a dangerous or defective product, it's important that you know your rights under the law.

New Geriatric-Centered Emergency Rooms Shed Light on What's Wrong With Current Elder Care

Tue, 08 May 2012 22:29:51 -0600

Finally some hospitals seem to get it.

According to a recent report by MSNBC, a new breed of emergency room is emerging, catering specifically to elderly patients. According to the Centers for Disease Control and Prevention, individuals 65 years and older typically make up nearly 25 percent of adult emergency room visits, and once there, they are also the most vulnerable patients. These new hospital wings aim to afford the best possible care to that demographic.

The fact that hospitals are beginning to find ways to assist the older generation and make accommodations for their comfort is illustrative of a shift towards catering to the health needs of the growing aging population, reports MSNBC. These geriatric-centered emergency department, or geri-eds, will be opening in healthcare facilities across the country, undoubtedly bringing with them new expectations for the standard of care for elderly patients.

Some of the features in these geriatric wings include such things as thick mattresses to prevent bedsores, skid-proof floors, and curtains designed to produce less noise, as well as a quieter and calmer setting where they can wait and receive care from professionals specially trained in elderly care, says MSNBC. So long as the patients meet certain clinical criteria such as the ability to remember their names or not needing resuscitation, older patients will be able to experience the comfort of these specially designed rooms.

The advent of these units arrives poignantly at a time when Illinois nursing home negligence is possibly at its most severe. Despite the fact that many state and federal regulations, such as the Illinois Nursing Home Care Act, have been established to protect the elderly in these settings, gross violations occur every single day, tragically compromising the health, well-being and dignity of some of our society's most at-risk members.

Our Chicago nursing home abuse attorneys are some of the nation's most recognized and respected leaders in the area of nursing home negligence litigation. Both in and out of the courtroom, our attorneys work tirelessly to ensure that families are compensated for the suffering of their loved ones, and that care facilities across Illinois understand that substandard care will not be tolerated. In fact, our attorneys have obtained over $100 million in nursing home verdicts and settlements for neglected residents and their families, including a record-setting $3 million bed sore settlement and a $2.9 million record nursing home jury verdict against a suburban Homewood nursing home for the family of a deceased 57-year-old resident who was suffocated due to the home’s negligent care of her tracheostomy tube.

Nursing home neglect and abuse cases are devastating for both the victim and the family of the victim. Our attorneys have the understanding and compassion to help families of victims through even the most complex and overwhelming cases. If you believe that a loved one may be the victim of nursing home neglect or abuse, contact an attorney to better understand your rights under the law.

Joliet Hillcrest Nursing Home Closing Due to Negligence in Caring for Residents

Mon, 07 May 2012 03:42:26 -0600

When a nursing home undertakes the responsibility to provide care for its residents, an important part of that duty encompasses protecting patients from harm caused by other residents. When nursing facilities and their administrators fail in carrying out this obligation and patients suffer as a result of the actions of other residents (who may not even be cognizant or in control of their actions), those facilities may be made to answer to Illinois nursing home negligence lawsuits for the injuries of the residents they were supposed to protect.

That may be the next step for the families of residents of Hillcrest Nursing and Rehabilitation Center, a Joliet nursing home that has been found to be negligent in caring for its residents. State public health officials confirmed Wednesday that they are in the process of revoking the facility’s license, and Illinois Department of Public Health (IDPH) officials have also confirmed that the home was scheduled to be decertified for Medicare after an IDPH investigation revealed that residents were transferred without regard to their preference of facility.

Additionally, a separate IDPH investigation found that between May and October, a 26-year-old male Hillcrest resident sexually, physically, and mentally abused at least 23 other residents, reported the Joliet Herald-News. The man exposed himself and assaulted residents of both sexes, threatening to “come back with a gun” if they reported the incidents. The administrators of the facility had the responsibility to provide adequate supervision, and to prevent a situation like this from occurring.

Our Chicago personal injury lawyers have brought suits against the Hillcrest facility a number of times. In fact, Chicago personal injury attorney Steve Levin recently filed a lawsuit on behalf of the family of a Hillcrest resident who was allegedly burned by another resident. In that situation, Hillcrest staff did not report the incident to the IDPH. Additionally, our attorneys won a $995,000 settlement against Hillcrest, on behalf of the mother of a 45-year-old nursing home resident with schizophrenia and alcoholism who died as a result of a gastric ulcer which perforated a vein and caused a hemorrhage. Signs and symptoms of the gastric ulcer, present two weeks prior to the resident’s death, were not reported to the resident’s physician.

“As long as 10 years ago, that home had difficulty preventing residents from injuring other residents,” said Levin. “They’ve had a very spotty regulatory record that is filled with incidents of neglect and, frankly, it’s about time that the state and the federal government took the appropriate action to shut that home down.”

Levin & Perconti is one of the nation's most recognized and respected leaders in the area of nursing home negligence litigation. Although many state and federal regulations, such as the Illinois Nursing Home Care Act have been established to protect the elderly in these settings, gross violations occur every single day, tragically compromising the health, well-being and dignity of some of our society's most vulnerable members.

If you believe that a loved one may be the victim of nursing home neglect or abuse, contact an attorney to better understand your rights under the law.

Ammonia in Food? More Common Than Originally Thought

Tue, 01 May 2012 21:04:43 -0600

In March of this year, our Chicago personal injury lawyers and the entire country were disgusted by the prospect of “pink slime,” a meat product consisting of bits of meat and muscle salvaged from slaughterhouse floors, that is treated with ammonium-hydroxide, a chemical generally used for window-cleaning and furniture-making.

Illinois product liability law requires that when corporations put a product on the market, they are responsible for ensuring that the product is safe for consumer use. This is especially true for food manufacturers whose merchandise has to be thoroughly inspected before it is allowed to be distributed to the public. When dangerous or contaminated foods harm consumers, the corporations may be liable for the injuries caused and may be legally responsible for damages caused by those injuries. This may give rise to an Illinois personal injury lawsuit. Nevertheless, using small amounts of ammonia to make food is more common than originally understood.

Our Chicago personal injury lawyers are concerned for the well being of consumers who have been unwittingly consuming the chemical; exposure to high levels of ammonia can cause irritation and serious burns on the skin, mouth, throat, lungs, and eyes, and in some cases may lead to death. Though eating a single portion of the foods made with ammonia won’t in and of itself lead to poisoning, if an individual consumes a high number of affected foods, serious health effects could potentially arise.

Additionally, concern arises over the concern itself: the fact that consumers are outraged stems entirely fact that customers have not been made aware of the additives in their food. In fact, in some cases U.S. regulators don’t even require companies to include ammonia on food labels.

A doctor will be able to diagnose if you have been infected by contaminated food. Additionally, a personal injury attorney may be able to advise you of your rights under the law; if you were sickened by disease-ridden food, either from a retail store or restaurant, you may be entitled to compensation for your injuries. People who suffer serious personal injury, hospitalization, or even death as a result of having eaten unsafe food products may be able to seek compensation for economic and non-economic damages.

If you or a loved one have suffered as a result of having eaten dangerous or infected food, seek medical attention immediately. Additionally, a personal injury attorney may be able to advise you of your rights under the law; you may be entitled to compensation for your injuries.

Our attorneys have extensive experience representing clients in similar cases, including having won a $4 million settlement for three convention attendees who contracted salmonella poisoning that caused them to suffer crippling arthritic injuries.

Tragic Tent Collapse After Baseball Game Kills Illinois Man

Sun, 29 Apr 2012 03:17:56 -0600

Accidents can and do happen but when people are killed and the incident could have been avoided, the situation is even more tragic.

According to a recent report by Thompson Reuters, this past Saturday, an Illinois man was killed and approximately 100 others were hurt when high winds caused a deadly tent collapse outside a St. Louis sports bar. The tent had been set up after a St. Louis Cardinals game at nearby Busch Stadium, with approval from city officials. After it had been erected, the tent was checked by city inspectors, and passed inspection criteria that required it to be able to withstand winds up to 90 miles-per-hour, reported Thompson Reuters.

Nevertheless, winds were strong that day and the tent proved unstable. As a storm rolled into the area, winds exceeded 70 miles per hour, and a gust of wind destroyed the aluminum poles supporting the tent. Initially the tent collapsed onto the more than 200 patrons underneath, and ultimately was blown onto nearby railway tracks.
Thompson Reuters reports that almost 100 victims were treated for injuries at the scene, 17 were taken to hospitals, and one man – a resident of Waterloo, Illinois – was killed.

Although the bar may claim that its patrons assumed risks of injury by attending a bar in an outdoor tent during severe weather, the city was responsible for ensuring the safety of the tent and bar-goers had the right to assume that conditions were safe based on the city’s approval.

Illinois premises liability law is a significant branch of Illinois personal injury law that allows victims to recover after they have been injured on another person’s property, and the negligence of the property owner or manager was the cause of that harm. In this case, the city was responsible for inspecting the tent, and ensuring that it was safe for patrons during the then-present weather conditions. When an accident or injury occurs to a visitor on another person's property – in this case, property for which the city was responsible – the owner or manager of the property may be made to pay damages in an Illinois premises liability lawsuit if it can be proved that their negligence led to the injury.

Under Illinois law, wrongful death is the legal concept that arises when a person’s death has been caused by the fault or negligence of another person or corporation. Here, the city had a duty to ensure that the tent was safe, and their failure to do so led to a man’s death.

In Illinois wrongful death cases such as one that could potentially arise from this situation, family members can file claims to potentially make the wrongdoer pay damages for things such as the loss of companionship, monetary damages to cover the earnings the deceased person would have provided, and expenses associated with the death such as funeral and burial costs, as well as having to experience grief and sorrow as a result of losing a loved one.

Though a lawsuit can never bring a loved one back to life, it is a step in the right direction, both for achieving justice, and making those at fault pay for their careless actions.

Our Chicago wrongful death attorneys have handled a number of these types of cases, including having won a $6.0 million settlement for the families of 6 children who died in a tragic apartment fire on Chicago's north side, where landlords of the building failed to have proper and working smoke detectors in violation of the Chicago Municipal Code, and the children were not able to escape the building in time.

Devastating Apartment Fire Kills Family - Landlord's Failure to Equip the Building with Smoke Detectors to Blame

Fri, 27 Apr 2012 01:28:08 -0600

Where there’s smoke, there’s fire.

Unfortunately, however, that chain of logic can’t provide much help if the smoke isn’t detected in time. Tragically, that’s exactly what happened in a recent situation in which two children, ages 5 and 6, and their mother were killed as a result of injuries sustained in an apartment fire.

According to the Madison St. Clair Record, an administrator on behalf of the mother of the two deceased children has filed a wrongful death lawsuit against the landlord, claiming that a faulty stove, electrical and gas line problems and missing or malfunctioning smoke detectors were to blame for causing the fire.

The complaint alleges that the three-unit apartment building had previously been a single-family home, but that the owner of the property had split the building into three apartments. In order to convert the house into apartments, electrical and gas lines were installed and appliances were added to create kitchens and bathrooms in rooms that had previously been living areas, reported the Madison St. Clair Record.

Illinois premises liability law is a branch of Illinois personal injury law that allows victims to recover after they have been injured on another person’s property, and the negligence of the property owner was the cause of that harm. In order to apply to a set of circumstances, premises liability law requires a number of factors to be satisfied: the defendant must be the owner or possessor of the land, or “premises” – in this case, the owner of the property had the responsibility of meeting building code requirements, including specifications for working smoke detectors. Additionally, the person or persons on the land of another must be injured by negligence or a different wrongful act.

Illinois premises liability law may be triggered if it can be shown that the property owners or managers either failed to maintain the property, created unsafe conditions that caused the injury, or knew about the unsafe hazard but didn't alert visitors or tenants to this fact. Here, by failing to have working smoke detectors, the property managers created an unsafe condition that led to the family’s death.

Under Illinois law, wrongful death is the legal concept that arises when a person’s death has been caused by the fault or negligence of another person or business. In cases of wrongful death, such as this one, family members and loved ones of the decedents can file a claim to potentially make the wrongdoer pay damages for things such as the loss of companionship, monetary damages to cover the earnings the deceased person would have provided, and expenses associated with the death such as funeral and burial costs.

Additionally, the administrator of the family’s estate who lived in the same building as the deceased family at the time of the fire says that she suffered smoke inhalation during the fire and endured pain, suffering, and disfigurement.

Our Illinois personal injury lawyers have handled numerous cases and recovered millions of dollars in verdicts and settlements for the families of victims wrongfully killed because of someone else's negligence. In fact, they obtained a $6.0 million settlement for the families of 6 children who died in a tragic apartment fire on Chicago's north side because the landlords of the building failed to have proper and working smoke detectors in violation of the Chicago Municipal Code and the children were not able to escape the building in time. Additionally, they earned a $2.3 million Chicago fire injury settlement for two boys who were severely burned in a Chicago Housing Authority apartment fire.

Illinois Personal Injury Claims for Emotional Distress May Arise From Cook County Medical Examiner's Office Misconduct

Thu, 26 Apr 2012 11:26:01 -0600

There is perhaps nothing nearly as difficult an experience as losing a loved one. When those that we care about pass away, we honor their memories and can only hope that they’re in a better place.

That’s exactly why this is so disturbing: in addition to having to endure the agony of loss, hundreds of Chicagoans are distressed to learn that their family members and loved ones have been denied a proper burial by the Cook County Medical Examiner’s Office.

According to a recent report by MSNBC, it was revealed human remains had been stockpiled in the morgue’s coolers, some doubled up on trays.

A Chicago personal injury attorney will attest that, under Illinois law, a claim of negligent infliction of emotional distress may arise in situations like these. The underlying concept of this area of Illinois personal injury law is that individuals and businesses have a general legal duty to use reasonable care to avoid causing emotional distress to another person. If the acting individual or company fails in their duty and unreasonably causes emotional distress to the other person, the actor may be held legally responsible, and may be made to pay damages to the harmed individual. In this case, when people discover that the bodies of their family members have been treated with disrespect, they may have the basis for a personal injury claim.

Jurisdictions, such as Illinois, allow for recovery for these types of claims in situations where the distress:
1. is inflicted intentionally; or,
2. is directly associated with a physical injury negligently inflicted upon a victim; or,
3. is caused by defamation and libel; or,
4. stems from witnessing a gruesome accident as a bystander; or,
5. is the product of some misconduct universally recognized as causing emotional distress such as mishandling a loved one’s corpse, or failing to deliver a death notice in a timely manner.

This is the second similar situation in Chicagoland. In 2009, the Cook County, Illinois Sheriff’s Office reported that a number of workers at Burr Oak Cemetery had dug up more than 200 graves, dismembered the bodies and dumped them into mass graves, and resold the plots to make more money. As the investigation continued, it was discovered that records indicated that between 140,000 and 148,000 people were buried at Burr Oak, though the cemetery only had space for 130,000 graves. Following this despicable display of disrespect, our Chicago personal injury lawyers have represented a number of individuals whose family members were buried at Burr Oak, and suffered emotional distress as a result of the uncivil treatment of their loved ones.

In this more recent situation, MSNBC reports, the Archdiocese of Chicago’s Catholic Cemeteries offered up to 300 graves and services to help clear the backlog of remains, though commissioners are working to make sure that no individuals are buried in Catholic plots whose families wanted them buried elsewhere. Additionally, the Cook County Board approved measures making it easier to fire the chief medical examiner, who, until now, has enjoyed a virtual lifetime appointment.

Emotional distress is a very serious tort. If you have suffered as a result of finding that your loved one’s remains have been treated with disrespect, contact an attorney to better understand your rights under the law.

More Counterfeit Avastin Hits the Market: Consumers at Risk

Wed, 25 Apr 2012 11:43:50 -0600

One has to wonder if they doth protest too much.

This past weekend, the U.S. Food and Drug Administration released a public statement responding to critics who attest the agency is ineffectual when it comes to tracking the safety of drugs that have already made their way on the market. The timing is poignant, however. Just this week, a new shipment of counterfeit Avastin was discovered in the United States.

Earlier this year, our Chicago personal injury lawyers commented on a batch of phony pharmaceuticals, concerned about the effects on unwell patients who otherwise expected that a drug would have a desired result.

Imitation Avastin doses contain a variety of chemicals, but not the active ingredient found in the genuine drug: Avastin – the genuine variety – is a drug produced by Hoffmann-La Roche AG, an international drug-manufacturing conglomerate that is one of the largest pharmaceutical companies in the world. Hoffmann-La Roche sells Avastin in 120 countries and manufactures and packages the drug at eight sites worldwide. Avastin works to block the growth of new blood vessels, and is commonly used to treat various types of cancers, including lung-, breast-, and kidney-cancer. It was originally approved by the US Food and Drug Administration to treat certain metastatic cancers, and though its approval was revoked in November of 2011, doctors are still allowed to prescribe it.

According to MSNBC, the shipments of counterfeit Avastin entered the country from the Middle East via Europe, the same way that earlier batches had come to the U.S.

But what is the FDA doing to protect consumers? This past weekend’s press release comes on the heels of a number of criticisms, including an investigative report from the Institute of Medicine, an independent research body that advises the government on scientific matters, which found that the FDA needed to do more to police the safety of medicines after they reach the market.

Given the uncertainty of a number of drugs on the market, our Chicago injury lawyers want people to be especially careful. Though the best injury is one that doesn’t ever occur, if you've had an incident with a pharmaceutical that caused an illness or injury, or are the survivor of someone who may have died from the use or exposure to a dangerous or defective drug, there may be recourse. Illinois product liability law is an area of personal injury law that focuses on dangerous and defective products; it is the area of law in which manufacturers, distributors, retailers, and others who manufacture and disseminate goods to the public are held responsible for the injuries caused by those products. "Products" in this instance covers a wide range of categories, including medical devices and pharmaceuticals. As it pertains to this case, the distributer of the counterfeit drugs would be liable for damages caused by those injuries, but the FDA may also be liable if they are found to have been negligent in inspecting the dangerous, ineffective drugs on the market.

We are especially proud of the efforts of our Chicago personal injury lawyers who represent victims across Illinois in matters against companies that have sold or manufactured unsafe products to consumers. In fact, our attorneys brought a case against Orion Research Inc. and Baxter Health Care Corporation for a flawed test for the genetic disease cystic fibrosis. The failures of the test led a set of parents to have a second cystic child. While recovering a substantial settlement for the family, the firm and the family were more concerned with the discontinuation of the test. As a result of our efforts, the test was eliminated.

Salmonella Contamination from Infected Sushi: A Follow-Up Report

Tue, 24 Apr 2012 11:16:13 -0600

Earlier this month, our Chicago personal injury lawyers expressed concern about a growing outbreak of salmonella poisoning that appears to be linked to sushi. At the time our attorneys first considered the epidemic, a few cases had been reported; however, according to a recent report by MSNBC, the tally now extends to more than 140 people across 20 states.

Following this pandemic of contaminated seafood, the first lawsuit has been filed against Moon Marine U.S.A. Corporation, the seafood importer charged with distributing infected fish meat to seafood retailers across the nation.

The lawsuit alleges that two women contracted salmonella poisoning when they each dined separately at a local restaurant that served sushi containing tuna distributed by Moon Marine. After eating the infected fish, each had to be hospitalized and spent almost nine weeks recovering from the contamination during which time the women experienced extreme pain, colon ulcers, bloody diarrhea, and other symptoms as a result of the contamination, as well as having to miss significant amounts of work.

Salmonella contamination can arise from a number of sources, but commonly comes from such sources as infected food, poor kitchen hygiene, bodily fluids from sick individuals, and polluted water. Here, the contagion infected frozen ‘backmeat’ that was shaved from fish bones and sold by Moon Marine to restaurants and stores across the country. It is estimated that the salmonella bacteria wound up in nearly 60,000 pounds of raw yellowfin tuna meat; to date, hundreds of salmonella infections linked to Moon Marine fish have arisen during the past two months.

According to MSNBC, more than 2,500 forms of salmonella are known to exist, but in this particular epidemic, all 141 victims were infected with an extremely rare form called salmonella bareilly, which was an enormous factor in linking the disease back to the Moon Marine fish. Health officials interviewed most of the infected persons to ask what they ate the week before getting sick. Of those, more than 80 percent recalled eating sushi at restaurants that served fish obtained from Moon Marine.

In 2010, the Centers for Disease Control and Prevention released a report estimating that each year roughly 48 million people are sickened by a foodborne illness. Of those, 125,000 require hospitalization and 3,000 die after consuming contaminated foods purchased from retail stores or restaurants. In this particular situation, even though the responsible party has been identified, the danger may not yet have passed: “The problem is this [Moon Marine] product got repackaged and resold. There are sushi restaurants that may not even know they’re serving this tuna; they may not even know it’s been recalled. Also, it comes as a frozen product so it sits on the shelves for as long as six months,” reports MSNBC.

Illinois-Based Corporation Hospira Under Fire after Distributing Dangerous Morphine Injections

Mon, 23 Apr 2012 15:21:57 -0600

Quite literally, it’s a deadly mistake.

Opioid pain medications such as morphine have life-threatening consequences if overdosed; according to a report issued earlier this month by the U.S. Food and Drug Administration, Hospira, a global pharmaceutical and medical device company, is recalling a lot of a morphine sulfate injection because the pre-packaged shot contains more of the drug than the intended labeled volume.

Morphine is a potent opiate analgesic medication, which, when administered properly by healthcare professionals acts expediently to relieve severe pain and suffering. Like other opioids, morphine directly affects the central nervous system to relieve pain; though this makes it an effective drug, it also makes it extremely dangerous.

An overdose of morphine has the potential to cause asphyxia and ultimately death, if a person does not receive immediate medical attention. Although the accidental increased amount in the recalled vials is not enough to otherwise be considered a lethal dose, there have been known cases of morphine hypersensitivity in which significantly smaller overages of the drug have caused sudden death.

Illinois product liability law is an area of personal injury law that focuses on dangerous and defective products; it is the area of law in which manufacturers, distributors, retailers, and others who manufacture and disseminate goods to the public are held responsible for the injuries caused by those products. "Products" in this instance covers a wide range of categories, including medical devices and pharmaceuticals.

As it pertains to this case, Illinois products liability law dictates that when corporations manufacture a product, especially in cases of pharmaceutical production, those companies have a responsibility to ensure the product’s safety before the product is put on the market and sold to consumers. This is especially true for companies that produce medicine, and whose products must undergo extensive testing before they are distributed to consumers. When a company makes a product that is flawed and that product harms the person using the product, the company may be held legally responsible for the customer’s injuries.

In this particular instance, Hospira had a duty to ensure that their drugs were packaged properly and contained the proper dosage amount. If a consumer suffers as a result of a morphine overdose, Hospira may be made to pay a wide variety of damages, including such things as medical and hospital expenses, and potentially even damages resulting from wrongful death.

Hospira is the world’s largest producer of generic injectable pharmaceuticals – such as the recalled product in this case – and is headquartered in Lake Forest, Illinois. Hospira reported worldwide sales for 2011 as just over $4.1 billion, and products manufactured by Hospira are used in clinics and hospitals around the world. The affected lot of morphine injections was distributed earlier this year to a number of hospitals in several states, including Illinois.

Illinois personal injury cases that arise as result of dangerous or defective pharmaceuticals have the potential to be severe and life-altering. Our Chicago personal injury lawyers represent victims across Illinois in matters against companies that have sold or manufactured unsafe products to consumers. In fact, our attorneys brought a case against Orion Research Inc. and Baxter Health Care Corporation for a flawed test for the genetic disease cystic fibrosis. The failures of the test led a set of parents to have a second cystic child. While recovering a substantial settlement for the family, the firm and the family were more concerned with the discontinuation of the test. As a result of our efforts, the test was eliminated.

If you or a loved one have experienced problems that may be related to using Hospira’s morphine injection, seek medical attention immediately. In addition, an attorney may be able to apprise you of your rights under the law.