Chicago Personal Injury Lawyer Blawg

August 14, 2009

Illinois Motorcycle Accident Results in Factory Worker’s Death

In 2007, an Illinois factory worker was driving a motorcycle when an SUV turned in front of him, killing him instantly in the collision that followed. The decedent’s family brought an Illinois wrongful death lawsuit against the college student who was driving the SUV and received a settlement of $3 million.

Many drivers forget that automobiles and motorcycles function very differently and each have their own strengths and weaknesses. While a motorcycle is quick and easy to maneuver through traffic, it is also difficult to see. Whereas while it is hard to avoid seeing an SUV, it does have the disadvantage of being difficult to maneuver.

Prior to the settlement in this Illinois motorcycle accident case, the defense attorneys argued that the motorcyclist was at fault for not keeping a proper lookout of the SUV’s activity. But the obvious retort to this is that the SUV did not keep a proper lookout when he entered the motorcyclist’s lane. When driving it is important to remember to pay attention not only to your own vehicle, but to all of those vehicles around you.

August 12, 2009

Chemotherapy Patients Acknowledge Memory Loss

by Robert Kreisman

Two years ago The New York Times published an article dealing with chemo brain, a type of mental fog experienced by cancer patients. Recent research has indicated that this phenomenon might be more widespread than previously believed.

While memory and concentration problems are common among chemotherapy patients, for most these effects are short-term and their cognitive function returns to normal. However, for about 15 percent of these patients the memory impairment is prolonged. It is these patients who are suffering from chemotherapy-induced cognitive impairment, or “chemo brain”.

Many studies are being done to try and pin down the cause of chemo brain. Some researchers are exploring whether there is a connection between hormonal changes from chemotherapy and chemo brain, while others are examining which drugs have the strongest links to chemo brain. Yet there are some therapists who argue that chemo brain is the result of the psychological strain of cancer and can be attributed to anxiety, depression, stress, fatigue and fear rather than direct effects of chemotherapy on the brain.

August 10, 2009

Chicago Metra Train Death Results in 5 Million Illinois Jury Verdict

by Robert Kreisman

A recent Cook County jury verdict is a reminder of the dangers of railroad crossings and of Illinois train accidents. $5 million was awarded to the surviving family members of a 60 year-old man who was killed when his car was struck by a Metra train at a Chicago railroad crossing.

As a Chicago commuter at least once a year I hear about a train accident at a Chicago crossing, oftentimes due to an impatient vehicle trying to beat the fast moving train. However, in this man’s case a traffic signal was responsible for his death.

The 60 year-old male was driving southbound towards the crossing located near the intersection of Marshfield Street and 111th on Chicago’s southside as the train was approaching. The City’s traffic control system signaled east and westbound traffic to receive red lights at the crossing, but southbound traffic was given a green light. There was no indication to the driver that he should not turn right at the railroad tracks. The driver made his turn onto the tracks just as the train was approaching at 60 mph.

August 5, 2009

FDA Warns Consumers on Body-Building Products Sold As Nutritional Supplements

by Robert Kreisman

Increased reports of medical problems associated with certain nutritional supplements has prompted The Food and Drug Administration (FDA) to issue a public health advisory on body building supplements. These supplements may contain steroids or steroid-like substances and may be associated with kidney failure and liver failure in men.

While the FDA has not specified exactly how many products fall into this category, it advised that consumers not to purchase and use products labeled with words such as “anabolic” or “tren” or phrases like “blocks estrogen” and “minimizes gyno”. In addition, the FDA cautions consumers to be wary of body-building products claiming to enhance or diminish the effects of hormones like testosterone, estrogen or progestin.

Of those products that the FDA did specifically name, those included MASS Xtreme, TREN-Xtreme, ESTRO Xtreme, HMG Xtreme, AH-89-Xtreme, MMA-3 Xtreme, TT-40-Xtreme, and VNS-9 Xtreme, all of which contained hidden and potentially dangerous steroids. The FDA has taken action in the form of sending a warning letter to these drugs’ manufacturer, Americell-Labs, stating that the company should produce products that are in compliance with federal regulations.

August 3, 2009

Civil Justice Attorney, Robert Kreisman, Attends American Association for Justice (AAJ) Meeting at San Francisco

by Robert Kreisman

Chicago attorney Bob Kreisman attended the American Association of Justice (AAJ) annual meeting in San Francisco, July 25 through July 29, 2009. The meetings presented a variety of educational forums including those concentrating on medical negligence, birth trauma litigation, product defects and trial practice. The subset of the educational programs was nursing home litigation, truck and auto/vehicle collisions, and other areas of trial practice including pharmaceutical defect litigation.

In addition, the meetings included seminars on trial practice. One of the most popular is called the Advocacy Track which had speakers from morning until well into the late afternoon of each conference day. Most valuable is the time spent with other lawyers from around the country sharing their different experiences in jury trial techniques. The meetings represent a kind of re-charging that allows lawyers, judges and paralegals to apply new ideas to our cases.

Justia.com CEO Tim Stanley and staff were exhibiting at the convention center. The event, as always, was very well attended.

July 31, 2009

Good Communication The Key To A Successful Doctor Visit

by Robert Kreisman

Whether you’re an Illinois resident or reside in another state you have experienced the frustration of having only a few precious minutes to explain your ailments to your doctor. When we feel rushed it is easy to forget to mention specifics, or dismiss our complaints as unimportant. Yet when we don’t speak up for ourselves our health can suffer. We suggest a few tips to ensure that you get the most out of your medical visit and make sure you are getting the best care possible.

One suggestion is to come to your doctor’s appointment prepared, which means writing down any medical questions or concerns you may have. This will ensure that you don’t leave the doctor’s office and later remember you wanted to know if you should be concerned about the new mark on your upper arm, or if your frequent headaches should be addressed.

It is most important that patients are always honest and forthright with their doctors. Too often, patients withhold critical information because the truth is embarrassing or because they don’t want to disappoint the doctor by admitting that they did not follow the advice or the treatment plan that was laid out for the patient.

If you have been diagnosed with a new disease or health problem, consider doing a bit of research on it prior to your doctor’s visit. This will help you become more familiar with the topic and be a better informed patient. However, doctors suggest that sometimes over searching can be problematic and that it is important to remember that each case is different so your care might not necessarily follow what you found online. It is just as important to listen as it is to do your research.

However, if you have trouble remembering the speedy conversation that takes place in your physician’s office it might be a good idea to keep a record of it. For example, you could ask your doctor in advance whether you can record your conversations. it is not uncommon for family members to bring video cameras to their visits, but make sure that you get your doctor’s permission first. Otherwise, taking some notes during the visit itself is also a good idea.

July 29, 2009

Freight Train Incident Results in Leg Amputation: Cook County Jury Awards 6.6 Million

by Robert Kreisman

In 2003, a 12 year-old boy was attempting to hitch a ride on a moving freight train when his foot was severed and eventually amputated. The now 18 year-old man was awarded $6.6 million by a Chicago circuit court judge as a result of his personal injury.

The plaintiff had been with a group of friends at the railroad track near a Chicago Ridge park and had attempted to board the moving Burlington Northern Santa Fe freight train several times. On his third try the boy managed to grab hold of the bottom rung of a ladder on the side of the box car. However, he then fell backwards with his left foot landing on the rail, which was then run over by the train. Doctors were unable to repair his foot and the boy required a below the knee amputation and now uses a prosthetic leg.

The main issue of the case revolved around plaintiff’s argument that the Burlington Northern Santa Fe Railroad knew that children typically trespassed in this area and yet had failed to fence off the railways. According to the plaintiff there should have also been a pedestrian crossing over the railroad tracks.

July 27, 2009

Illinois Workers’ Compensation Cases May No Longer Soley Rely on “Independent” Medical Exams According to Illinois Appellate Court

by Robert Kreisman

It makes sense that when an employee is injured on the job that the employer would want their physicians to examine the employee in addition to the employee’s physician. However, according to a recent ruling by the Illinois First District Appellate Court while the employer may continue to have the employee examined by their own doctors they are not allowed to rely exclusively on their physicians’ examinations when terminating an employee for not returning to work in a timely manner following an injury.

In Grabs, et al. v. Dominick’s Finer Foods, LLC, No. 1-08-3007, the plaintiff employee was injured while working at a Dominick’s in Cook County and filed an Illinois workers’ compensation claim. Initially Dominick’s approved the workers’ compensation claim and paid the employee’s medical bills and temporary total disability benefits. But when the employee’s physician continued to recommend that he remained off work Dominick’s retained its own medical exam of the employee. During this “independent” medical exam, the employer’s physician found that the employee’s injury was not work-related and that he was able to return to work without any restrictions. However, the employee chose to continue to follow his own physician’s advice and remained off of work.

When the employee did not show up for work Dominick’s applied its no-fault attendance policy and terminated the employee. Under this policy an employee can be terminated for job abandonment if he or she fails to come into work or call in absences.

July 24, 2009

Chicago Wrongful Death Case Involving Failure to Diagnose Meningitis of Thirteen Year-Old Girl Awarded 3.75 Million By Federal Judge

by Robert Kreisman

An Illinois medical malpractice lawsuit was decided by Chicago Federal District Court Judge Robert M. Dow, Jr., who awarded $3.75 million to the child’s surviving family. The case had been brought in federal court versus an Illinois state court because the defendant physician was employed by a government operated facility, which brought the case under federal jurisdiction.

The case involved a 13 year-old girl who had presented to her physician with sinusitis, which the physician failed to diagnose. Following the bench trial, Judge Dow concluded that had the sinusitis been diagnosed that it probably would not have developed into bacterial meningitis, which would have increased her chance of survival.

Prior to seeing her physician, the girl had been seen at a hospital emergency room. However, the defendant physician failed to review these records when treating the girl, which the judge found to be a breach of the required standard of care. Furthermore, the physician failed to question the decedent as to the degree of her headaches, which would have been a key piece of information in diagnosing the severity of her symptoms. No antibiotics were prescribed to the girl to aid her in fighting off her infections.

July 22, 2009

Worker Injured In Illinois Construction Accident Awarded 2.84 Million By Jury

by Robert Kreisman

An Illinois jury awarded $2.84 Million to a painter who fractured his heel after falling approximately 15 feet while working at a construction site. His injury required multiple surgeries, resulting in a long period of time off of work and a hefty medical bill.

The painter had been working on a lift at a school in Hanover when the Illinois construction site accident occurred. The plaintiff sued Hoffman Corporation, the general contractor overseeing the construction job, claiming that Hoffman was in charge of the job site safety.

Plaintiff claimed that his injury was of an alleged lack of a front guardrail on the lift he was working on and that Hoffman permitted workers to use those lifts without the guardrail. And while the jury ruled in favor of the plaintiff, the verdict of $2.84 million was reduced to $1.8 million after accounting for comparative negligence.

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