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Bob Briskman | SEONewsWire.net http://www.seonewswire.net Search Engine Optimized News for Business Fri, 26 Jun 2015 17:26:59 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.8 Chicago Bicyclist Fatalities Increase in 2014 http://www.seonewswire.net/2015/06/chicago-bicyclist-fatalities-increase-in-2014/ Fri, 26 Jun 2015 17:26:59 +0000 http://www.seonewswire.net/2015/06/chicago-bicyclist-fatalities-increase-in-2014/ Last year in Chicago, seven bicyclists were killed in collisions with automobiles. That is an increase from three bicyclist fatalities in 2013, even as Mayor Rahm Emanuel has pledged to make Chicago the most bike-friendly city in the country. According

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Last year in Chicago, seven bicyclists were killed in collisions with automobiles. That is an increase from three bicyclist fatalities in 2013, even as Mayor Rahm Emanuel has pledged to make Chicago the most bike-friendly city in the country.

According to the Chicago Department of Transportation, bicyclist fatalities over the past five years were as follows: seven in 2014; three in 2013; eight in 2012; seven in 2011; and five in 2010. With regard to bicyclist injuries from auto collisions, data from 2014 was not yet available. However, there were 1,567 bicyclist injuries in 2013; 1,479 in 2012; 1,279 in 2011; and 1,566 in 2010.

Mayor Rahm Emanuel has said that by May of 2015, he wants Chicago to install 100 miles of protected bike lanes. According to Rebekah Scheinfeld, the Chicago Department of Transportation Commissioner, the city is on track to meet that goal, with 85.5 miles of protected bike lanes installed as of January. She said that the remaining 14.5 miles of bike lanes would be installed in the spring of 2015. “Protected” bike lanes refers to bike lanes that are separated from automobile traffic lanes by a barrier.

Scheinfeld called the increase in bicyclist deaths “significant” and said that any traffic death is one too many. She said that Chicago had launched a “Zero in Ten” campaign to eliminate all bicycle, pedestrian and overall traffic deaths by 2020. To achieve that goal, Sheinfeld said that the city would continue to invest in barrier-protected bike lanes and increase target enforcement efforts.

Bob Briskman is a injury lawyer and attorney in Chicago with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Medical malpractice lawsuit alleges doctor failed to tell patient he had cancer http://www.seonewswire.net/2015/03/medical-malpractice-lawsuit-alleges-doctor-failed-to-tell-patient-he-had-cancer/ Wed, 25 Mar 2015 11:03:01 +0000 http://www.seonewswire.net/2015/03/medical-malpractice-lawsuit-alleges-doctor-failed-to-tell-patient-he-had-cancer/ A medical malpractice lawsuit has been filed alleging that a doctor failed to inform his patient that the patient had cancer. Amber Hines is pursuing the lawsuit her father, Edward Hines, filed before his death from bladder cancer in April

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A medical malpractice lawsuit has been filed alleging that a doctor failed to inform his patient that the patient had cancer.

Amber Hines is pursuing the lawsuit her father, Edward Hines, filed before his death from bladder cancer in April 2013. The lawsuit alleges that a urologist practicing at Oak Park’s West Suburban Medical Center removed a tumor from Hines’ bladder in 2011, then informed him that he was free of cancer. According to the lawsuit, a pathology report issued a week later revealed that the patient had bladder cancer, but the doctor failed to inform him.

According to the lawsuit, Hines did not learn he had cancer until a year later, when he visited a different doctor. The suit alleges that Hines would have had a greater chance for survival if he had learned of the diagnosis earlier.

In court documents, the doctor contested Hines’ version of events, saying that the patient was informed that he had cancer after the tumor was removed. The doctor claims that Hines failed to follow up as instructed and did not ask for results of the pathology report.

According to the lawsuit, Hines went without treatment for one year. After the 2012 diagnosis, he saw several doctors, had his prostate and bladder removed and underwent chemotherapy.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Illinois doctor disciplined for medical malpractice http://www.seonewswire.net/2015/03/illinois-doctor-disciplined-for-medical-malpractice/ Tue, 24 Mar 2015 11:01:29 +0000 http://www.seonewswire.net/2015/03/illinois-doctor-disciplined-for-medical-malpractice/ An Illinois doctor has been disciplined for removing the wrong organ from a patient during surgery, but the disciplinary action comes nearly ten years after the incident. According to news reports, in 2005, a Peoria physician accidentally removed a woman’s

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An Illinois doctor has been disciplined for removing the wrong organ from a patient during surgery, but the disciplinary action comes nearly ten years after the incident.

According to news reports, in 2005, a Peoria physician accidentally removed a woman’s healthy kidney when he was supposed to extract part of her spleen. The woman suffered from a blood-clotting disorder, and she had had part of her spleen removed previously as part of her treatment. The 2005 operation was to remove a further remnant of her spleen after her condition deteriorated. However, the surgeon removed her kidney instead. The woman filed a lawsuit claiming medical malpractice in 2007, and the case settled for $2 million in 2013.

In spite of the lawsuit and settlement, no action was taken to discipline the doctor until September 24, 2014. The doctor was reprimanded and will pay a $2,500 fine for his mistake. Both actions are listed under the doctor’s profile on the Illinois Department of Financial and Professional Regulation website.

A civil lawsuit for medical malpractice does not automatically result in a physician’s discipline. A patient must file a formal complaint, and if the agency investigates the complaint and finds it to be accurate, disciplinary action is taken.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Substantial settlement reached in wrongful death lawsuit over Aurora crash http://www.seonewswire.net/2015/03/substantial-settlement-reached-in-wrongful-death-lawsuit-over-aurora-crash/ Thu, 19 Mar 2015 11:58:25 +0000 http://www.seonewswire.net/2015/03/substantial-settlement-reached-in-wrongful-death-lawsuit-over-aurora-crash/ A wrongful death lawsuit over a crash that killed an Illinois woman has been settled for $1.25 million. Carmen Cantu, 61, died in a April 2013 crash when her Nissan Sentra was struck by a car and then a tractor-trailer

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A wrongful death lawsuit over a crash that killed an Illinois woman has been settled for $1.25 million.

Carmen Cantu, 61, died in a April 2013 crash when her Nissan Sentra was struck by a car and then a tractor-trailer on Interstate 88 near the border of DeKalb and Kane counties.

Cantu’s daughter, Veronica, filed the suit against the two other drivers involved in the crash and Breckenridge Trucking Inc., the Wenona, Illinois company responsible for the tractor-trailer.

The driver of the car that rear-ended Cantu was cited for failure to reduce speed to avoid an accident. The truck driver was not cited.

The settlement was approved by Judge James R. Murphy. Under the terms of the settlement, Breckenridge will pay $1 million, and the car driver’s insurance company will pay $250,000. Veronica Cantu and her sister, Evelyn Cantu, will share the settlement.

Truck accidents, while less frequent than car accidents, are more likely to be fatal. According to the U.S. Department of Transportation, about half a million truck crashes occur each year in the U.S., causing about 5,000 fatalities annually. According to the Illinois Department of Transportation, truck accidents have accounted for between 8.6 percent and 10.6 percent of traffic fatalities over the last five-year period.

Bob Briskman is a truck accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Appeals court affirms 20.6 million USD award in birth injury lawsuit http://www.seonewswire.net/2015/03/appeals-court-affirms-20-6-million-usd-award-in-birth-injury-lawsuit/ Thu, 12 Mar 2015 11:30:30 +0000 http://www.seonewswire.net/2015/03/appeals-court-affirms-20-6-million-usd-award-in-birth-injury-lawsuit/ An appeals court upheld an award of $20.6 million to the family of a boy who now suffers from cerebral palsy due to a birth injury. The family had been awarded $21 million by a jury in Baltimore City Circuit

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An appeals court upheld an award of $20.6 million to the family of a boy who now suffers from cerebral palsy due to a birth injury.

The family had been awarded $21 million by a jury in Baltimore City Circuit Court, but that was reduced to $20.6 million because of Maryland’s cap on non-economic damages.

Baltimore’s MedStar Harbor Hospital argued that there was insufficient evidence that the cerebral palsy resulted from delivery complications, but the Maryland Court of Special Appeals affirmed the capped award.

The appeals court, in a 3-0 decision, said that the central issue in the trial was a “classic battle” between expert witnesses, and that it was the jury’s decision who to believe.

The family’s experts said that the obstetrician’s failure to perform a cesarean section promptly caused the delivery complications and the child’s cerebral palsy. They testified that the baby’s low oxygen levels, shown on a fetal heart rate monitor, called for a C-section, but that the doctor allowed labor to continue for three more hours.

In its opinion, the court wrote that while the experts disagreed, there was sufficient evidence from the plaintiff’s side to make the question of causation an issue for the jury’s consideration.

Bob Briskman is a birth injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Illinois construction engineer, pinned under crane, suffers severe injuries http://www.seonewswire.net/2015/03/illinois-construction-engineer-pinned-under-crane-suffers-severe-injuries/ Tue, 10 Mar 2015 11:29:23 +0000 http://www.seonewswire.net/2015/03/illinois-construction-engineer-pinned-under-crane-suffers-severe-injuries/ A construction engineer was severely injured working in Elgin, Illinois on a bridge over the Fox River. A component fell from a crane and injured Rudolf Das on Monday, December 1, 2014 underneath the Interstate 90 bridge at Duncan Avenue.

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A construction engineer was severely injured working in Elgin, Illinois on a bridge over the Fox River.

A component fell from a crane and injured Rudolf Das on Monday, December 1, 2014 underneath the Interstate 90 bridge at Duncan Avenue.

Das is a 51-year-old employee of K&S Engineers from Naperville, Illinois. According to his wife, Das suffered a broken back, knee, ribs and nose, along with an ankle injury and punctured lung, in the accident. He was pinned under a crane component weighing several thousand pounds.

Das spent nearly three weeks in the intensive care unit at Advocate Lutheran General Hospital in Park Ridge and underwent multiple surgeries. His wife, Jona Das, told the Daily Herald that doctors are not optimistic that Das will walk freely again.

Tony Dahms, a heavy equipment operator and one of Das’ co-workers, started a fundraiser for the family. Dahms said he had never worked with a nicer man than Das, who he said possessed an exceptionally calm demeanor. “There’s no screaming or arm-waving like we’re used to,” Dahms told the Daily Herald. “He’s just not the kind of person you run across in construction.”

The Occupational Safety and Health Administration is investigating the cause of the accident, according to Tollway officials. Jona Das has filed a personal injury lawsuit against K&S Engineers and several others, seeking multiple millions of dollars in damages on her husband’s behalf.

Bob Briskman is a workers compensation lawyer in Chicago and work injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Across the country, medical malpractice payments are dropping http://www.seonewswire.net/2015/03/across-the-country-medical-malpractice-payments-are-dropping/ Thu, 05 Mar 2015 11:27:12 +0000 http://www.seonewswire.net/2015/03/across-the-country-medical-malpractice-payments-are-dropping/ A new study has found that the number of payments for medical malpractice claims has dropped sharply since 2002. The study also found that many doctors are seeing declining liability insurance costs and payment amounts. The study was published online

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A new study has found that the number of payments for medical malpractice claims has dropped sharply since 2002.

The study also found that many doctors are seeing declining liability insurance costs and payment amounts. The study was published online in the Journal of the American Medical Association.

Researchers analyzed data from Illinois, California, New York, Colorado and Tennessee for the period from 2002 to 2013. They found that the overall rate of paid malpractice claims per 1,000 physicians dropped from 18.6 to 9.9 during that time. The average annual decrease was estimated to be 6.3 percent for doctors of medicine (MDs) and 5.3 percent for doctors of osteopathic medicine (Dos).

Trends in liability premiums paid by doctors were mixed. In Illinois, premiums charged to internists and obstetrician-gynecologists (OB/GYNs) by the state’s largest issuer of medical malpractice insurance policies dropped by 36 percent from 2004 to 2013. The premiums paid by general surgeons decreased by 30 percent. California and Tennessee experienced similar declines. Colorado saw a drop in premiums for internists but a rise for OB/GYNs and general surgeons, while New York saw an increase in premiums charged by the state’s largest insurer for all three types of doctors.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Personal Injury Claim Cites FitBit Data http://www.seonewswire.net/2015/03/personal-injury-claim-cites-fitbit-data/ Mon, 02 Mar 2015 11:37:18 +0000 http://www.seonewswire.net/2015/03/personal-injury-claim-cites-fitbit-data/ Wearable devices that track the movements of users to help them with personal fitness goals can also produce evidence that can be used in personal injury lawsuits. The first known case to use data from the popular FitBit device is

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Wearable devices that track the movements of users to help them with personal fitness goals can also produce evidence that can be used in personal injury lawsuits. The first known case to use data from the popular FitBit device is now underway.

The plaintiff in the personal injury claim was injured four years ago, before FitBits were on the market. However, because she worked as a personal trainer, her attorneys argue that she had an active lifestyle, and they plan to use her current FitBit data to show that her activity levels are below what they should be for someone of her age and profession.

The plaintiff’s attorneys will use an analytics company, Vivametrica, to compare the woman’s raw FitBit data to the general population.

While the data in this case is being used to support an injured person’s claim, similar data could easily be used against the wearer in court as well.

Anyone who chooses to wear such a device may find that the data can be subpoenaed. Insurers could use the information to deny a disability claim, and prosecutors could seek incriminating evidence. In that context, defense attorneys may argue that the evidence constitutes self-incrimination, against which the Constitution protects.

The variability of the data from different tracking devices is another thorny issue. Each brand of wearable fitness device has its own method of measuring a user’s movements, and Vivametrica and its competitors each have their own way of analyzing the raw data – all of which could lead to different legal outcomes when such information is used as evidence in court.

Bob Briskman is a injury lawyer and attorney in Chicago with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Jury awards $8.45 million to boy with cerebral palsy in birth injury lawsuit http://www.seonewswire.net/2015/02/jury-awards-8-45-million-to-boy-with-cerebral-palsy-in-birth-injury-lawsuit/ Fri, 27 Feb 2015 11:24:24 +0000 http://www.seonewswire.net/2015/02/jury-awards-8-45-million-to-boy-with-cerebral-palsy-in-birth-injury-lawsuit/ A jury in a birth injury case awarded $8.45 million to a boy who suffered severe injuries after an eight-minute delay in inserting a breathing tube. The jury found that medical personnel at Northeast Georgia Medical Center did not follow

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A jury in a birth injury case awarded $8.45 million to a boy who suffered severe injuries after an eight-minute delay in inserting a breathing tube.

The jury found that medical personnel at Northeast Georgia Medical Center did not follow the proper standards of care when the boy was born in 2008.

Jakob Medley, now age five, went without a needed breathing tube for eight minutes because the neonatal resuscitation team at the hospital was occupied and medical personnel failed to call for a backup team. According to court documents, a physician was never called, despite the fact that fetal monitoring showed a lack of oxygen and a possible need for an early delivery by cesarean section.

Jakob suffers from developmental delays, cerebral palsy, seizures and disfigurement. He cannot talk or walk, and he must be fed through a tube in his stomach. The family’s attorneys said that the verdict will ensure that the care the boy will need throughout his life will be paid by the hospital and its insurance company, not by taxpayers.

The family’s attorneys said that in a large hospital, there was no excuse for failing to have a backup team available and to follow standards of medical care.

Bob Briskman is a birth injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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NHTSA nominee wants to make better use of data http://www.seonewswire.net/2015/02/nhtsa-nominee-wants-to-make-better-use-of-data/ Wed, 25 Feb 2015 11:27:22 +0000 http://www.seonewswire.net/2015/02/nhtsa-nominee-wants-to-make-better-use-of-data/ In a Senate committee hearing, Mark Rosekind, President Obama’s choice to lead the National Highway Traffic Safety Administration (NHTSA), said that the agency needs greater resources to keep up with consumer complaints and better tools to analyze data. Rosekind said

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In a Senate committee hearing, Mark Rosekind, President Obama’s choice to lead the National Highway Traffic Safety Administration (NHTSA), said that the agency needs greater resources to keep up with consumer complaints and better tools to analyze data.

Rosekind said that the number of complaints made to the agency has recently increased from 45,000 to 75,000 per year. Meanwhile, he said, there are only 16 field investigators and nine people to analyze complaints.

Rosekind also said that advanced technology is needed to find innovative ways to interpret sometimes vast data sets in order to spot problems.

Rosekind’s nomination comes in a time of turmoil for the agency, which has been without a permanent head for more than a year. Safety advocates and members of Congress have criticized the agency for not taking a hard enough line with auto manufacturers over safety defects.

Bob Briskman is a Chicago vehicle accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Study finds limitations to auto safety technology http://www.seonewswire.net/2015/02/study-finds-limitations-to-auto-safety-technology/ Tue, 24 Feb 2015 11:24:46 +0000 http://www.seonewswire.net/2015/02/study-finds-limitations-to-auto-safety-technology/ With the recent wave of technological innovations in auto safety, and the promise of even greater developments to come, a vision is taking shape of a future where human error has been removed from the safety equation. However, that time

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With the recent wave of technological innovations in auto safety, and the promise of even greater developments to come, a vision is taking shape of a future where human error has been removed from the safety equation. However, that time has not yet arrived, and an over-reliance on these new tools in their present form can actually be dangerous.

Land departure warnings, blind spot detection and lane-keep assistance have tremendous potential for driver safety. However, there have been few tests to study how these tools work in the real world, and the studies that have been done frequently reveal flaws in the new systems.

In one study, researchers from the AAA Foundation for Traffic Safety found troubling situational inconsistencies in lane departure warning and blind spot detection systems. The systems often had trouble detecting motorcycles and fast-moving vehicles, and warnings were often provided too late for evasive action.

The lesson: drivers can use these new safety features as a backup warning system, but they should continue to rely primarily on their own safe driving skills.

Bob Briskman is a Chicago vehicle accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Pfizer asks judge to dismiss more than 500 birth injury lawsuits http://www.seonewswire.net/2015/02/pfizer-asks-judge-to-dismiss-more-than-500-birth-injury-lawsuits/ Mon, 23 Feb 2015 11:26:01 +0000 http://www.seonewswire.net/2015/02/pfizer-asks-judge-to-dismiss-more-than-500-birth-injury-lawsuits/ Pfizer, a pharmaceutical giant, asked a Pennsylvania judge to dismiss more than 500 cases from all over the country alleging that the firm’s antidepressant drug Zoloft causes birth injuries. The 526 lawsuits, which have been combined into multidistrict litigation in

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Pfizer, a pharmaceutical giant, asked a Pennsylvania judge to dismiss more than 500 cases from all over the country alleging that the firm’s antidepressant drug Zoloft causes birth injuries.

The 526 lawsuits, which have been combined into multidistrict litigation in Philadelphia, allege that Pfizer was negligent in failing to warn pregnant women that birth injuries such as cleft palate, cardiac problems and club feet could result from taking the drug. Pfizer maintains that Zoloft is safe for pregnant women to take according to federal guidelines.

After Judge Cynthia Rufe excluded four expert witnesses against Pfizer, on the basis that their arguments were not rigorous enough, Pfizer moved to dismiss all of the lawsuits, claiming that there is not enough evidence for the plaintiffs to prevail.

However, the plaintiffs’ attorneys have applied to present a new expert witness. The plaintiffs want Nicholas Jewell, a professor at the University of California at Berkeley’s School of Public Health, to testify that birth injuries can be caused by Zoloft.

Attorneys for the plaintiffs said that the drug “obviously” causes problems, and that they would prove it in court.

An attorney for Pfizer said that the company has sympathy for the families but believes there is no evidence that the birth injuries were caused by the women’s use of Zoloft.

Bob Briskman is a birth injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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NHTSA demands nationwide recall of Takata airbags http://www.seonewswire.net/2015/02/nhtsa-demands-nationwide-recall-of-takata-airbags/ Sat, 21 Feb 2015 11:30:24 +0000 http://www.seonewswire.net/2015/02/nhtsa-demands-nationwide-recall-of-takata-airbags/ The National Highway Traffic Safety Administration (NHTSA) has directed Japanese airbag supplier Takata Corp and five car manufacturers to expand a regional recall of airbags. The agency has also said that the company needs to be more open with the

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The National Highway Traffic Safety Administration (NHTSA) has directed Japanese airbag supplier Takata Corp and five car manufacturers to expand a regional recall of airbags. The agency has also said that the company needs to be more open with the public about the airbag problems.

At least five fatalities have been linked to the airbags, which can rupture during deployment, causing metal shrapnel to strike passengers. The defect is most prevalent in humid areas; the airbags’ propellant is affected by moisture. The regional recall has involved 4.1 million cars in hot and humid areas of the country.

Takata resisted the demand for a nationwide recall, saying that it could divert replacement airbags from where they are most needed. Meanwhile, auto safety advocates said that even the NHTSA’s demand for a nationwide recall is not enough, because it covers only driver-side airbags, and passenger airbags may also be defective.

Bob Briskman is a car accident lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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In Illinois, 2014 May Have Seen Fewest Traffic Deaths Since 2009 http://www.seonewswire.net/2015/02/in-illinois-2014-may-have-seen-fewest-traffic-deaths-since-2009/ Fri, 20 Feb 2015 11:21:34 +0000 http://www.seonewswire.net/2015/02/in-illinois-2014-may-have-seen-fewest-traffic-deaths-since-2009/ Based on provisional data through December 15, the year 2014 was on pace to have the lowest number of traffic deaths since 2009 in Illinois. According to data from the Illinois Department of Transportation (IDOT), there were 876 fatalities on

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Based on provisional data through December 15, the year 2014 was on pace to have the lowest number of traffic deaths since 2009 in Illinois.

According to data from the Illinois Department of Transportation (IDOT), there were 876 fatalities on all roadways within the state as of December 15 – 75 fewer fatalities than were recorded by the same date in 2013. In 2009, Illinois reached a modern-day low of 911 roadway deaths. Since then, the number of traffic fatalities has stayed above that number, while still remaining below 1,000 per year.

If the current trend continues, roadway deaths in Illinois will be much lower than in 2013, and possibly lower than in 2009.

IDOT and law enforcement officials are doing their part to help support that trend with a joint campaign to remind drivers to “Drive Sober or Get Pulled Over” and “Click It or Ticket.” As snow, ice and increased traffic during the winter holiday season bring an increased risk of accidents, strong enforcement efforts will be underway. Officers will focus on impaired, unrestrained, speeding and fatigued drivers, officials said. The enforcement efforts will also focus on nighttime hours, when more car accidents occur.

Teen driving deaths have also dropped in Illinois. In 2013, there were 71 teen fatalities, down from 155 in 2007. Officials say the state’s graduated driver licensing system, which launched in 2008, is a key factor in the decline. Under the graduated system, teenage permit holders must spend a certain amount of time driving with adult supervision before obtaining an unrestricted driver’s license.

Bob Briskman is a Chicago vehicle accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Illinois workers’ compensation reform has not reduced insurance premiums in construction industry as promised http://www.seonewswire.net/2015/02/illinois-workers-compensation-reform-has-not-reduced-insurance-premiums-in-construction-industry-as-promised/ Tue, 17 Feb 2015 11:22:14 +0000 http://www.seonewswire.net/2015/02/illinois-workers-compensation-reform-has-not-reduced-insurance-premiums-in-construction-industry-as-promised/ Three years ago, the workers’ compensation system in Illinois underwent significant reforms, which lowered the costs for treatment of injured workers, among other changes. The reforms were supposed to lead to lower workers’ compensation insurance premiums for employers, but that

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Three years ago, the workers’ compensation system in Illinois underwent significant reforms, which lowered the costs for treatment of injured workers, among other changes. The reforms were supposed to lead to lower workers’ compensation insurance premiums for employers, but that has not happened, according to those in the construction industry.

In fact, even as Governor Pat Quinn says that such costs have dropped by 19.3 percent, some construction firms have actually seen their premiums go up.

Michael Latz, the chairman of the Illinois Workers’ Compensation Commission, said that the result is that insurance companies are seeing increased profits.

In July, the governor’s office claimed that employers in Illinois could see an overall drop of up to $143 million in the cost of premiums in 2015, resulting in a total reduction of more than $450 million since the reforms took effect in 2011.

The 2011 reforms implemented a 30 percent reduction in the medical fee schedule for workers’ compensation claims in an attempt to reduce costs.

However, many firms in the construction industry, where worker injury is a constant danger, say their rates have stayed the same.

According to the Oregon Department of Consumer and Business Services, which tracks data on workers’ compensation insurance premiums nationwide, Illinois is still the fourth most expensive state for premiums, even after reforms.

Bob Briskman is a workers compensation lawyer in Chicago and work injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Study finds that stricter limits on medical malpractice lawsuits do not reduce healthcare costs http://www.seonewswire.net/2015/02/study-finds-that-stricter-limits-on-medical-malpractice-lawsuits-do-not-reduce-healthcare-costs/ Tue, 10 Feb 2015 11:20:03 +0000 http://www.seonewswire.net/2015/02/study-finds-that-stricter-limits-on-medical-malpractice-lawsuits-do-not-reduce-healthcare-costs/ Proponents of limits on medical malpractice lawsuits have long argued that lawsuits drive up the cost of care, in part because doctors order expensive and unnecessary tests in order to protect themselves from legal liability. According to the theory, wasteful

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Proponents of limits on medical malpractice lawsuits have long argued that lawsuits drive up the cost of care, in part because doctors order expensive and unnecessary tests in order to protect themselves from legal liability. According to the theory, wasteful “defensive medicine” could be reduced if doctors were in less danger of being sued.

Now, a Rand Corporation study has examined the data and found that the theory is unsupported by the evidence. Placing limits on medical malpractice lawsuits does not reduce the volume or cost of emergency room care.

The study, published in the New England Journal of Medicine, analyzed data from emergency rooms in South Carolina, Georgia and Texas, three states that put strict limits on medical malpractice claims in the past decade.

All three states raised the bar for a medical malpractice claim for emergency care to “gross negligence,” meaning, basically, that doctors had to actually know that they were providing improper care, but provided it anyway. Researchers compared metrics on defensive medicine procedures and costs for Medicare claims in these states, compared to states that did not have higher bars for malpractice claims. Overall, the study found no reduction in the metrics studied. There was only a small reduction in one metric, charges per patient, in one state.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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SIU student’s family files wrongful death lawsuit after autopsies conflict http://www.seonewswire.net/2015/02/siu-students-family-files-wrongful-death-lawsuit-after-autopsies-conflict/ Mon, 02 Feb 2015 11:18:17 +0000 http://www.seonewswire.net/2015/02/siu-students-family-files-wrongful-death-lawsuit-after-autopsies-conflict/ The family of a 19-year-old Southern Illinois University (SIU) student found dead in a wooded area has filed a $5 million wrongful death lawsuit against the city of Carbondale and the police chief. The family has also called for a

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The family of a 19-year-old Southern Illinois University (SIU) student found dead in a wooded area has filed a $5 million wrongful death lawsuit against the city of Carbondale and the police chief. The family has also called for a federal investigation.

Pravin Varughese went missing the night of February 12, and his body was found in the woods off of Main Street in Carbondale on February 18. Police say they later learned that Varughese got a ride from the driver of a pickup, but ran into the woods after an altercation. The temperature reached 14 degrees overnight, and the Jackson County coroner said that hypothermia appeared to be the cause of death. However, the Varughese family commissioned another autopsy, which showed blunt force trauma to the head.

The family claims that Carbondale police mishandled the investigation of the student’s death. The family was initially told that Varughese ran into the woods after a night of drinking. However, the autopsy commissioned by the family showed no alcohol in the student’s system. Police Chief Jody O’Guinn was fired over the mishandling of the case, and she is also named as a defendant in the lawsuit.

Carbondale police were unaware of the altercation with the pickup truck driver until the driver himself came forward. The driver said that a man asked him for a ride and for money, but then punched him in the face and ran into the woods.

Bob Briskman is a wrongful death lawyer in Chicago, IL with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Wrongful death lawsuit filed over one-punch death http://www.seonewswire.net/2015/01/wrongful-death-lawsuit-filed-over-one-punch-death/ Mon, 05 Jan 2015 23:16:13 +0000 http://www.seonewswire.net/2015/01/wrongful-death-lawsuit-filed-over-one-punch-death/ A wrongful death lawsuit was filed in Cook County by the family of a Palatine man who died after he was punched outside a bar and hit his head on the sidewalk. The family of Ryan Flannigan, 26, filed the

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A wrongful death lawsuit was filed in Cook County by the family of a Palatine man who died after he was punched outside a bar and hit his head on the sidewalk.

The family of Ryan Flannigan, 26, filed the lawsuit against Michael Platt, 35. Authorities said that Platt punched Flannigan on the night of July 18, outside of Pop’s Bar and Grill in Palatine. According to witnesses, Flannigan was attempting to defuse an altercation. Police said Platt’s attack was unprovoked. Flannigan died 10 days later. Platt was charged with first degree murder and is free on bond.

Trazom Inc., the corporation that owns Pop’s Bar and Grill, was also named as a defendant, under the Illinois Dram Shop Act, which provides for the liability of a business that continues to serve a patron who is intoxicated. According to the lawsuit, the bar also failed to protect Flannigan. The family seeks in excess of $50,000 in damages.

The Flannigan family’s attorney said that discovery in the case would proceed during the pendency of the criminal case, but the wrongful death lawsuit will likely not be resolved until the conclusion of the criminal case. If convicted, Platt faces up to 60 years in prison.

Bob Briskman is a wrongful death lawyer in Chicago, IL with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Scrap metal recycling facility fined $497,000 after worker’s death http://www.seonewswire.net/2014/12/scrap-metal-recycling-facility-fined-497000-after-workers-death/ Wed, 31 Dec 2014 23:12:06 +0000 http://www.seonewswire.net/2014/12/scrap-metal-recycling-facility-fined-497000-after-workers-death/ After a worker was killed when his arm became trapped by a conveyor belt, the owner of the Illinois scrap metal recycling facility where he worked has received a fine of nearly half a million dollars for numerous safety violations.

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After a worker was killed when his arm became trapped by a conveyor belt, the owner of the Illinois scrap metal recycling facility where he worked has received a fine of nearly half a million dollars for numerous safety violations. The Occupational Safety and Health Administration (OSHA) said that the conveyor belt should not have been running at the time of the worker’s death.

The scrap metal recycling facility is owned by Behr & Sons, which has been cited for previous safety violations at its facilities in Illinois and Iowa. However, despite that pattern, OSHA had never inspected the facility where the worker died until after the incident in March.

OSHA said in a press release that the company has now been deemed a severe violator and will be subject to additional inspections. According to OSHA, the company has shown a pattern of neglecting worker safety and requires a “culture change.”

However, OSHA’s budget has been cut significantly over the years. Statistics show that in 2011, there were not as many OSHA inspectors as there were in 1981, despite the fact that there were twice as many workplaces to inspect.

According to OSHA regional administrator Nick Walters, Behr & Sons let the conveyor belt run at unsafe times because it increased efficiency.

Bob Briskman is a workers compensation lawyer in Chicago and work injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Woman who lost all four limbs awarded $25.3 million in medical malpractice case http://www.seonewswire.net/2014/12/woman-who-lost-all-four-limbs-awarded-25-3-million-in-medical-malpractice-case/ Mon, 29 Dec 2014 23:14:09 +0000 http://www.seonewswire.net/2014/12/woman-who-lost-all-four-limbs-awarded-25-3-million-in-medical-malpractice-case/ A Milwaukee County jury awarded $25.3 million to a woman and her husband, finding that the loss of all four of her limbs was caused by medical malpractice. In 2011, Ascaris Mayo had a Strep A infection, which causes strep

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A Milwaukee County jury awarded $25.3 million to a woman and her husband, finding that the loss of all four of her limbs was caused by medical malpractice.

In 2011, Ascaris Mayo had a Strep A infection, which causes strep throat. The infection went undetected, resulting in septic shock. Because of the damage caused, the woman’s limbs were amputated. Mayo is a 53-year-old mother of four.

Experts said that the case could lead to a challenge to Wisconsin’s cap on non-economic damages. The jury’s award included $1.5 million for the husband’s loss of companionship and $15 million for pain and suffering. However, Wisconsin law limits such damages to $750,000, and the defense attorneys are expected to ask the judge to lower the non-economic damages to that limit.

The jury found that the doctor and physician’s assistant failed to provide Mayo with alternative diagnoses that would have led her to pursue other treatment. In March 2011, Mayo spent nine hours in the hospital being treated for severe abdominal pain, fever and rapid heartbeat. She was discharged and instructed to contact her gynecologist the next day regarding fibroid issues. However, the next day, she collapsed at home. She was then treated for septic shock, but the vascular damage led to the amputation of all four limbs.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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How the Illinois Injured Workers’ Benefit Fund works http://www.seonewswire.net/2014/12/how-the-illinois-injured-workers-benefit-fund-works/ Fri, 19 Dec 2014 11:13:14 +0000 http://www.seonewswire.net/2014/12/how-the-illinois-injured-workers-benefit-fund-works/ Illinois workers who are injured on the job have the right to workers’ compensation benefits for hours of work lost and for medical expenses. If the employer fails to pay the compensation owed, then the benefits can be paid by

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Illinois workers who are injured on the job have the right to workers’ compensation benefits for hours of work lost and for medical expenses. If the employer fails to pay the compensation owed, then the benefits can be paid by the Injured Workers’ Benefit Fund (IWBF).

The IWBF was created in 2005 to compensate injured workers whose employers fail to pay workers’ compensation benefits. It is funded directly from penalties that employers must pay if they fail to carry required workers’ compensation insurance, and the money is used to help workers who may not otherwise receive benefits due to their employer’s uninsured or underinsured state. Cases are reviewed, and funds disbursed, by the Illinois Division of Insurance Compliance. If there are insufficient funds to cover all the claims that are submitted, then distribution of benefits takes place on a pro rata basis.

Injured workers may apply for IWBF benefits if they have already received a final workers’ compensation award, and their employer failed both to pay the benefits and to carry proper workers’ compensation insurance.

Specific procedures and requirements apply to IWBF benefits. If you were injured at work, consult with an experienced workers’ compensation attorney to learn more about your rights.

Bob Briskman is a workers compensation lawyer in Chicago and work injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Illinois Governor Vetoes Truck Safety Bill http://www.seonewswire.net/2014/12/illinois-governor-vetoes-truck-safety-bill/ Thu, 18 Dec 2014 11:06:12 +0000 http://www.seonewswire.net/2014/12/illinois-governor-vetoes-truck-safety-bill/ A bill to increase the speed limit for trucks on some non-urban Illinois highways, which was passed unanimously in both chambers of the Illinois state legislature, has been vetoed by Governor Pat Quinn. The trucking industry supported the bill, claiming

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A bill to increase the speed limit for trucks on some non-urban Illinois highways, which was passed unanimously in both chambers of the Illinois state legislature, has been vetoed by Governor Pat Quinn.

The trucking industry supported the bill, claiming that a high speed differential between cars and trucks is dangerous. The top speed for cars on nonurban highways in Illinois is 70 mph, an increase from 65 mph that went into effect on January 1, after Governor Quinn signed a measure raising the limit. Trucks in most Illinois counties may travel at the same posted speed as automobiles, but they are limited to 55 mph in Cook, DuPage, Kane, Lake, McHenry and Will counties, which the Illinois Trucking Association (ITA) says is dangerous.

The ITA said that it did not support raising the speed limit for cars, because it would increase the speed differential between cars and trucks. It now supports raising the speed limit for trucks for the same reason.

In a letter to Illinois legislators, Quinn said that the increased speed for trucks would lead to an increase in highway fatalities.

Russ Rader, a representative of the Insurance Institute for Highway Safety, said that research does not support the idea that a high speed differential between cars and trucks is dangerous. He said that lower speed limits for trucks are safer, as they reduce stopping distance and allow cars to pass trucks more easily.

Matt Hart, the director of the Illinois Trucking Association, said that he expected legislators to call for a vote to override Quinn’s veto.

Bob Briskman is a truck accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Amputee Files Lawsuit Against Hospital for Cremating Amputated Leg http://www.seonewswire.net/2014/12/amputee-files-lawsuit-against-hospital-for-cremating-amputated-leg/ Thu, 11 Dec 2014 11:02:32 +0000 http://www.seonewswire.net/2014/12/amputee-files-lawsuit-against-hospital-for-cremating-amputated-leg/ A patient has filed a lawsuit against Skokie Hospital for incinerating his amputated leg. The patient, an Orthodox Jew whose religious traditions indicate that the dead should be buried whole, claims that he informed a rabbi employed by the hospital

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A patient has filed a lawsuit against Skokie Hospital for incinerating his amputated leg. The patient, an Orthodox Jew whose religious traditions indicate that the dead should be buried whole, claims that he informed a rabbi employed by the hospital and other medical personnel that he wanted his leg to be preserved to be buried with him after his death.

In March 2011, Moshe Lefkowitz had surgery to have his left leg amputated below the knee. The hospital claims that Lefkowitz signed consent forms permitting the hospital to dispose of his leg. Lefkowitz said in an affidavit that he is legally blind and was told by a nurse that he was only signing a form consenting to the surgery.

Lefkowitz sued the hospital and the rabbi in 2013, seeking damages in excess of $100,000. A Cook County judge dismissed the suit, but that ruling was reversed by an appeals court, and the case was sent back for trial.

The hospital argued in an appellate brief that Lefkowitz should not be able to sue the rabbi for what it termed “clergy malpractice,” saying that the plaintiff’s religious contentions have “no place” in the civil court system. Lefkowitz claimed in court papers that he is suing the rabbi for negligence for not properly informing the hospital staff of his wishes.

In reversing the circuit court’s granting of the defendant’s motion to dismiss, the Appellate Court of Illinois, First Judicial District ruled that Lefkowitz had raised at least a question of material fact as to whether he had knowingly consented to the disposal of his leg.

Rabbi Yona Reiss of the Chicago Rabbinical Council told the Chicago Tribune that under Jewish tradition, body parts that have been severed are preserved or buried for the day when it is believed that the bodies will be resurrected. Severed body parts are usually buried in private, low-key ceremonies, he said.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Personal injury claim not barred by workers’ compensation exclusivity, Illinois Appellate Court rules http://www.seonewswire.net/2014/11/personal-injury-claim-not-barred-by-workers-compensation-exclusivity-illinois-appellate-court-rules/ Fri, 14 Nov 2014 11:26:07 +0000 http://www.seonewswire.net/2014/11/personal-injury-claim-not-barred-by-workers-compensation-exclusivity-illinois-appellate-court-rules/ An Illinois Appellate Court recently ruled that a worker who allegedly sustained exposure to asbestos while working for his employer between 1966 and 1970 was not barred from pursuing a personal injury claim by the exclusive remedy provisions of the

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An Illinois Appellate Court recently ruled that a worker who allegedly sustained exposure to asbestos while working for his employer between 1966 and 1970 was not barred from pursuing a personal injury claim by the exclusive remedy provisions of the Illinois Workers’ Compensation Act. The claim was not compensable under the Act, as the statute of repose had expired.

In the case of Folta v. Ferro Engineering, James Folta allegedly sustained exposure to asbestos while working for the defendant, his employer, in the time period between 1966 and 1970. Forty-one years later, on May 17, 2011, he was diagnosed with peritoneal mesothelioma. 

Generally, the no-fault compensation provided under the Workers’ Compensation Act is the exclusive remedy for workers whose injuries arise out of and in the course of their employment. However, a statute of repose limits asbestos claims under the Act to a 25-year period from the time the employee was exposed. Another statute of repose limits claims under the Illinois Workers’ Occupational Diseases Act to a three-year period.

The First District Appellate Court ruled that because the plaintiff’s workers’ compensation claim was time-barred, his injury was “not compensable under the Act,” and he could therefore pursue a civil lawsuit against his employer.

Bob Briskman is a Chicago work injury lawyer and workers compensation attorney with Briskman Briskman & Greenberg. To read more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Over 14 million dollars awarded in birth injury lawsuit http://www.seonewswire.net/2014/10/over-14-million-dollars-awarded-in-birth-injury-lawsuit/ Tue, 28 Oct 2014 11:24:10 +0000 http://www.seonewswire.net/2014/10/over-14-million-dollars-awarded-in-birth-injury-lawsuit/ An Ohio jury has awarded $14.5 million to a boy who suffered a birth injury. The jury returned the verdict against a hospital and doctor in favor of the 11-year-old boy and his mother, Stephanie Stewart. The child suffered a

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An Ohio jury has awarded $14.5 million to a boy who suffered a birth injury.

The jury returned the verdict against a hospital and doctor in favor of the 11-year-old boy and his mother, Stephanie Stewart. The child suffered a brain hemorrhage after a delay in his delivery, and he now suffers from cognitive delays, cerebral palsy, visual impairments and other medical conditions. The family’s attorney said that he will require lifelong care.

The lawsuit was first filed in 2004, but it was dismissed without prejudice in 2006 due to personnel issues with the law firm handling the case. The case was refiled in June 2011.

When Stewart was pregnant in 2003, she went into labor prematurely and was admitted to the hospital on three occasions, where the labor was stopped with medication, her attorney said. Stewart’s water broke on April 10, and she was admitted to the hospital again. A cesarean section had previously been discussed, and Stewart requested that her baby be delivered soon after she was admitted. But the delivery was delayed for several hours, according to her attorney. When the baby showed signs of distress, an emergency cesarean section was performed. By then, the infant had suffered a massive brain hemorrhage.

The jury determined that medical negligence had occurred, and awarded $8 million for future care, $5 million for pain and suffering, $1 million for the cost of Stewart’s services and $500,000 for economic losses.

Bob Briskman is a birth injury lawyer in Chicago and attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Study shows medical malpractice claims are not causing increase in health care costs http://www.seonewswire.net/2014/07/study-shows-medical-malpractice-claims-are-not-causing-increase-in-health-care-costs/ Tue, 08 Jul 2014 11:19:17 +0000 http://www.seonewswire.net/2014/07/study-shows-medical-malpractice-claims-are-not-causing-increase-in-health-care-costs/ Some still argue that high payments in medical malpractice lawsuits drive up the cost of health care, but an examination of the facts shows that this claim is false. Between 2000 and 2011, health care spending increased by 97 percent,

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Some still argue that high payments in medical malpractice lawsuits drive up the cost of health care, but an examination of the facts shows that this claim is false.

Between 2000 and 2011, health care spending increased by 97 percent, but the value of medical malpractice payments decreased by 12 percent. Research shows that total medical malpractice payments have continued to decrease, that such payments account for a small percentage of health care costs and that most payments are for very serious injuries.

The nonprofit group Public Citizen reviews data on medical malpractice cases each year. In its most recent report, for 2011, the group found that medical malpractice payments on doctors’ behalf had dropped for the eighth consecutive year, and had reached their lowest level since 1991.

In 2013, medical malpractice payments on doctors’ behalf accounted for only 0.12 percent of national health care costs.

According to the National Practitioner Data Bank, 80 percent of 2011 medical malpractice payments compensated victims for serious injuries such as brain damage, quadriplegia, injuries requiring lifelong care and death.

Medical errors are a serious problem with grave consequences. It is estimated that more than 700,000 Medicare patients experience a serious adverse event that is preventable each year. In 80,000 of those cases, the error contributed to the patient’s death. In contrast, only 9,758 medical malpractice payments were made on doctors’ behalf in 2011 — all leading Public Citizen to conclude that most medical malpractice errors do not result in litigation.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Montreal Maine trustee rebuffs wrongful death claimants’ reorganization plan http://www.seonewswire.net/2014/06/montreal-maine-trustee-rebuffs-wrongful-death-claimants-reorganization-plan/ Tue, 10 Jun 2014 23:14:30 +0000 http://www.seonewswire.net/2014/06/montreal-maine-trustee-rebuffs-wrongful-death-claimants-reorganization-plan/ The bankruptcy trustee for Montreal Maine & Atlantic Railway Ltd said that a recent reorganization plan — filed by families of people who died when one of the company’s trains derailed and exploded — is “not a serious plan.” Robert

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The bankruptcy trustee for Montreal Maine & Atlantic Railway Ltd said that a recent reorganization plan — filed by families of people who died when one of the company’s trains derailed and exploded — is “not a serious plan.”

Robert J. Keach, the trustee, said that the plan, filed in U.S. Bankruptcy Court in Bangor, Maine on January 29, “will go nowhere” and is “facially non-confirmable,” according to Bloomberg News.

A group of wrongful-death claimants submitted the plan, which would allocate 75 percent of $25 million in insurance to the families of people who died in the July accident in Lac-Megantic, Quebec. Claimants seeking compensation for property damaged in the derailment and subsequent fire would receive the other 25 percent.

Keach said that the plan relies on the assumption that insurance proceeds, a Canadian asset, could be transferred to the United States. An attorney for the official victims’ committee said that proceeds from the Canadian insurance policy would not be turned over to a U.S. court without an agreement between both countries’ courts.

Keach also said the plan would be a bad deal for the majority of claimants. He said the plan was proposed by a “splinter group” not participating in the official victims’ committee, and that it was a tactical move related to their resistance to Keach’s plan to move the wrongful death lawsuits from Illinois to Maine.

Bob Briskman is a wrongful death lawyer in Chicago, IL with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Depakote birth injury litigation in Illinois federal court moving forward http://www.seonewswire.net/2014/05/depakote-birth-injury-litigation-in-illinois-federal-court-moving-forward/ Fri, 16 May 2014 11:59:57 +0000 http://www.seonewswire.net/2014/05/depakote-birth-injury-litigation-in-illinois-federal-court-moving-forward/ A federal court in Illinois has ordered Abbott Laboratories to produce documents it said were “long overdue” in lawsuits alleging birth injuries caused by the anti-seizure medication Depakote. The U.S. District Court for the Southern District of Illinois ordered the

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A federal court in Illinois has ordered Abbott Laboratories to produce documents it said were “long overdue” in lawsuits alleging birth injuries caused by the anti-seizure medication Depakote.

The U.S. District Court for the Southern District of Illinois ordered the company to “exercise all avenues available” to produce approximately 4,000 documents related to the case “as soon as possible.” Plaintiffs had previously raised the issue of insufficient production of documents with the court.

The lawsuits were filed by mothers who claim that taking Depakote during pregnancy caused birth injuries in their children. The lawsuits claim that the children were born with conditions including heart defects, neural tube defects, spina bifida and other congenital malformations and injuries.

The plaintiffs include a woman who was prescribed the anti-seizure medication during her pregnancy and whose daughter was diagnosed with severe scoliosis that threatened her lungs and heart. In another case, a woman took Depakote before she knew she was pregnant, and her child was born with an extra digit. A third case involves a woman who took Depakote during her pregnancy, which she alleges was the cause of her son’s undescended testicle, which required surgery.

Depakote, also known as valproic acid, is used as a mood-stabilizing and anti-convulsant medication. It is often used to treat biploar disorder, epilepsy and migraine headaches. The drug is manufactured by Abbott Laboratories, a global pharmaceutical firm headquartered in North Chicago.

Bob Briskman is a birth injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Growth of telemedicine may relax state doctor licensing requirements, raising patient safety concerns http://www.seonewswire.net/2014/05/growth-of-telemedicine-may-relax-state-doctor-licensing-requirements-raising-patient-safety-concerns/ Thu, 08 May 2014 11:58:37 +0000 http://www.seonewswire.net/2014/05/growth-of-telemedicine-may-relax-state-doctor-licensing-requirements-raising-patient-safety-concerns/ Telemedicine, the use of technology to examine, diagnose and treat patients remotely, is a growing practice. An estimated 10 million people rely on telemedicine. Patients are able to show their symptoms to doctors via video communication services. Doctors are able

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Telemedicine, the use of technology to examine, diagnose and treat patients remotely, is a growing practice. An estimated 10 million people rely on telemedicine. Patients are able to show their symptoms to doctors via video communication services. Doctors are able to monitor patients’ conditions after they are discharged from the hospital. Surgeries have even been performed remotely using robotics.

The ability to practice medicine remotely has led more physicians to seek licensing in multiple states, which can be a costly and time-consuming process. The growth of telemedicine has led some to propose streamlining the process, but critics are concerned that easing licensing requirements could put patients at risk and increase the incidence of medical malpractice.

Proponents of telemedicine have suggested that states recognize each other’s licenses, arguing that doctors take national exams and must meet federal standards. However, state medical boards also protect patient safety by disciplining doctors who fail to follow state rules.

Large health care and telecommunications firms that seek telemedicine growth have proposed an interstate compact for medical licensing, which would provide legal protections for patients and doctors in any state that participates. Proponents argue that patient safety could even be improved through the use of an interstate system because data on investigations of doctors could be easily shared between states.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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New Car Seat Safety Rule Goes Into Effect http://www.seonewswire.net/2014/05/new-car-seat-safety-rule-goes-into-effect/ Thu, 01 May 2014 22:55:53 +0000 http://www.seonewswire.net/2014/05/new-car-seat-safety-rule-goes-into-effect/ A new federal rule requires manufacturers of automobile child safety seats to warn parents about their products’ weight specifications. If the combined weight of the child and the seat is 65 pounds or more, parents should not use the lower

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A new federal rule requires manufacturers of automobile child safety seats to warn parents about their products’ weight specifications. If the combined weight of the child and the seat is 65 pounds or more, parents should not use the lower anchors to attach the car seat.

The lower anchors are part of the LATCH system, an acronym for Lower Anchors and Tethers for Children, and they have been required in cars since 2001. However, testing has determined that the strength of the anchors is uncertain for weights of 65 pounds or more.

Car seats often weigh between 15 and 33 pounds, so the new rules could mean that a child who weighs only 32 pounds would not be able to use a car seat attached with the lower anchors.

The Alliance of Automobile Manufacturers sought the rule change because previous limits did not account for the weight of the car seat and were based on older models of child safety seats.

Use and awareness of the LATCH system is already low. Safe Kids Worldwide, an advocacy group, conducted a study that found that the lower anchors were used by car seat checkpoint technicians just 30 percent of the time, and only 30 percent of parents used the top tether straps for car seats, which are designed to prevent injuries to the child’s head in a crash.

The LATCH system was designed to be an easier way to secure a car seat (compared to using the seat belt). Both methods are considered to be equally safe, and parents have the flexibility to use either system.

The rule change came about after the lower anchors failed to work properly during testing with a 77-pound crash-test dummy in a car seat in a 30 mph crash.

Because child safety seats vary in weight, manufacturers will need to determine the maximum child weight permitted for each seat for labeling purposes. Car seat labels must include a height, weight and age range as well as an expiration date, typically six years after manufacture.

According to the American Academy of Pediatrics, children should use car seats with harnesses through age eight. The Academy’s research led car seat manufacturers to design more seats for children who weigh 65 pounds or more.

Legal requirements for children in car seats vary by state, and they are usually based on age, not weight. The average legal age for a child to ride with an adult seat belt and no other restraint is between seven and eight years old.

Bob Briskman is a Chicago vehicle accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Birth injury lawsuit settles for six and a half million dollars http://www.seonewswire.net/2014/04/birth-injury-lawsuit-settles-for-six-and-a-half-million-dollars/ Mon, 21 Apr 2014 11:24:53 +0000 http://www.seonewswire.net/2014/04/birth-injury-lawsuit-settles-for-six-and-a-half-million-dollars/ A lawsuit against the U.S. government, filed by the parents of a child who was born severely brain-damaged, has been settled for $6.5 million. Kasie and Hignio Rivera of Austin, Texas filed the lawsuit in federal court against Darnall Army

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A lawsuit against the U.S. government, filed by the parents of a child who was born severely brain-damaged, has been settled for $6.5 million.

Kasie and Hignio Rivera of Austin, Texas filed the lawsuit in federal court against Darnall Army Medical Center after the birth of their son in 2008. The lawsuit alleged that doctors did not respond to evidence that the excessive use of oxytocin was overstimulating the mother’s contractions, causing severe distress to the baby. As a consequence, the lawsuit claimed that doctors failed to perform a timely cesarean section.

The lawsuit alleged that while the mother was in labor, the use of oxytocin was frequently stopped by nurses who noticed decelerations in the heart rate of the baby, but that the doctors ordered that it be resumed each time. According to the lawsuit, this cycle continued despite the fact that fetal monitors showed that the baby was in distress. The lawsuit argued that the signs of distress indicated that oxytocin should have been halted and a C-section performed.

According to news reports, the mother said that when her son was born, he did not move or cry. Tests shortly after birth showed that the child had severe brain damage, according to the lawsuit. The Riveras’ child is now five years old. He cannot walk or talk, and he must be fed with a feeding tube. His parents said that the settlement will ensure that his medical and other care expenses are covered.

Bob Briskman is a Chicago injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Transit districts claim immunity in bicyclist’s wrongful death lawsuit http://www.seonewswire.net/2014/04/transit-districts-claim-immunity-in-bicyclists-wrongful-death-lawsuit/ Fri, 11 Apr 2014 11:22:35 +0000 http://www.seonewswire.net/2014/04/transit-districts-claim-immunity-in-bicyclists-wrongful-death-lawsuit/ Two Illinois transit districts have claimed immunity in a wrongful death case filed by a woman whose husband was killed while riding his bicycle along a trail. The Agency for Community Transit in Edwardsville and the Madison County Mass Transit

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Two Illinois transit districts have claimed immunity in a wrongful death case filed by a woman whose husband was killed while riding his bicycle along a trail.

The Agency for Community Transit in Edwardsville and the Madison County Mass Transit District have claimed immunity under the Tort Immunity Act.

According to the lawsuit, William Beltz was riding his bicycle along Schoolhouse Trail in Madison County when he was struck by a vehicle traveling along Route 111. Beltz died of his injuries. His wife, Mary Beltz, filed the wrongful death lawsuit.

The lawsuit claims that bicyclists must navigate the intersection of the trail with Route 111 by means of a crosswalk lacking signage warning of the intersection’s dangers. According to the complaint, William Beltz had no notice of the hazards he would encounter at the intersection. The lawsuit also alleges that prior to its reconstruction, the Schoolhouse Trail was 560 feet south of the intersection.

In a motion to dismiss, the two transit districts argued that, as public entities, they are immune under the Tort Immunity Act.
The defendants said that local public entities and employees are not liable under the Act for injuries caused by the failure to provide traffic control devices or by the condition of riding trails.

Judge Barbara Crowder of Madison County Circuit Court took the motion under advisement.

The lawsuit seeks a judgment of more than $400,000.

Bob Briskman is a wrongful death attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Fast-food worker wins benefits in court after altercation with coworker http://www.seonewswire.net/2014/04/fast-food-worker-wins-benefits-in-court-after-altercation-with-coworker/ Thu, 03 Apr 2014 11:20:40 +0000 http://www.seonewswire.net/2014/04/fast-food-worker-wins-benefits-in-court-after-altercation-with-coworker/ Recently, a fast-food chain employee won workers’ compensation benefits in a case that came before the Illinois Workers’ Compensation Commission on appeal. After a workers’ compensation case is decided in court, either the worker or the employer may appeal the

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Recently, a fast-food chain employee won workers’ compensation benefits in a case that came before the Illinois Workers’ Compensation Commission on appeal. After a workers’ compensation case is decided in court, either the worker or the employer may appeal the decision to the commission.

The case involved an altercation with a coworker, and it hinged on whether or not the worker was the aggressor in that struggle. The plaintiff sought benefits after she was injured in a workplace scuffle. Allegedly, the woman placed a dish in the wrong sink, and a coworker responded by spraying her with a hose. She also claimed that on another occasion, the coworker tried to put her into the sink.

In the altercation that followed, the woman struck her coworker in the groin area, and she claimed that her coworker forcefully pulled on her arm, causing the injury. A witness corroborated that the woman hit her coworker in the groin, but there was uncertainty as to whether the action was purposeful or accidental. The employer sought to have the claim denied based on rules that preclude a worker from being awarded workers’ compensation benefits if he or she is the aggressor in a fight that causes injuries to the worker.

The commission determined that the woman’s conduct in striking her coworker did not trigger the aggressor defense for the employer, regardless of whether or not the action was accidental. The commission therefore granted the woman’s request for benefits.

Bob Briskman is a Chicago work injury lawyer and workers compensation attorney with Briskman Briskman & Greenberg. To read more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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New Device Would Limit Teen Texting While Driving http://www.seonewswire.net/2014/03/new-device-would-limit-teen-texting-while-driving/ Fri, 14 Mar 2014 02:15:58 +0000 http://www.seonewswire.net/2014/03/new-device-would-limit-teen-texting-while-driving/ Texting while driving is a major safety issue for teens and adults. Now, the insurance company Esurance is introducing a program that parents can use to limit their children’s cell phone use while they are behind the wheel. The DriveSafe

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Texting while driving is a major safety issue for teens and adults. Now, the insurance company Esurance is introducing a program that parents can use to limit their children’s cell phone use while they are behind the wheel.

The DriveSafe program operates in two parts. One element is a telematics device that can be installed in the diagnostics port of any car manufactured after 1996 (except electric and hybrid vehicles). The other is an app that parents can download onto their teenager’s cell phone. The app uses Bluetooth technology to track driving habits, lock out certain cell phone functions when the car is in motion, and send parents alerts if teens are speeding or breaking other rules.

The program addresses what has become a big safety problem for teen drivers. According to the National Highway Traffic Safety Administration, teens are six times more likely to be in an accident if they are dialing a cell phone while driving and 23 times more likely to be involved in a collision if they are texting while driving. Cell phone use greatly reduces teens’ reaction times, and the DriveSafe program is meant to reduce the risk.

For parents concerned that data about their teen’s driving habits may be used to increase insurance rates, Esurance states that the company will not even have access to the information. Instead, a third party will host the data, which will not be shared with Esurance.

Parents will be able to use the program to block certain functions of a smartphone while the car is in motion, such as text messaging, email, web browsing and the use of social media apps. But teens will still be able to make 911 calls, receive calls from their parents and access hands-free functions via Bluetooth. Parents receive notifications when teens accelerate too quickly, brake too hard, travel too far from home, drive past curfew or exceed the speed limit.

If teens attempt to remove the telematics device, remove the app, turn off Bluetooth or power down their phone, parents will receive an alert. The app works best with Android smartphones and with some Windows and BlackBerry devices. The iPhone does not allow third party apps to restrict iPhone functionality, so the app is limited to displaying a home screen reminding users not to use cell phones while driving.

DriveSafe is available for free from Esurance in 39 states, including Illinois.

Bob Briskman is a Chicago vehicle accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Southwestern Electric Responds to Wrongful Death Suit http://www.seonewswire.net/2014/03/southwestern-electric-responds-to-wrongful-death-suit/ Fri, 07 Mar 2014 11:48:39 +0000 http://www.seonewswire.net/2014/03/southwestern-electric-responds-to-wrongful-death-suit/ Southwestern Electric Cooperative has denied allegations brought against it in a wrongful death lawsuit. Nancy Mechochko filed the lawsuit, claiming that her husband, Gregory Mechochko, was in contact with a concrete mixer as he was working on January 23, 2013,

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Southwestern Electric Cooperative has denied allegations brought against it in a wrongful death lawsuit.

Nancy Mechochko filed the lawsuit, claiming that her husband, Gregory Mechochko, was in contact with a concrete mixer as he was working on January 23, 2013, when an uninsulated power line collapsed and touched the concrete mixer. The man died on February 12.

The power line, which was the property of Southwestern Electric Cooperative, allegedly collapsed when it was struck by a track hoe.

The lawsuit claims that Mechochko was working on a construction site in Maryville, Illinois — near the intersection of Lakeview Acres Road and State Route 162 — when the incident occurred.

On September 12, 2013, Southwestern Electric Cooperative brought allegations against Thiems Construction Company as a third party defendant. The construction company responded by arguing that contribution is barred by the Illinois Workers’ Compensation Act’s exclusive remedy provision.

Nancy Mechochko claims that the electric cooperative did not properly maintain the power line or the reclosers protecting it. Furthermore, she stated that Southwestern also failed to suspend the line at the proper height. The plaintiff is seeking damages in excess of $50,000.

The electric cooperative has denied that a cause of action has been properly stated or that the plaintiff has suffered damages to the extent claimed.

Bob Briskman is a wrongful death attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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New Research Could Help Treatment of Children with Cerebral Palsy http://www.seonewswire.net/2014/03/new-research-could-help-treatment-of-children-with-cerebral-palsy/ Tue, 04 Mar 2014 11:47:37 +0000 http://www.seonewswire.net/2014/03/new-research-could-help-treatment-of-children-with-cerebral-palsy/ Research being conducted at the University of Strathclyde in Glasgow may lead to treatment to help children with cerebral palsy to speak more clearly. Cerebral palsy is usually caused by a birth injury to the brain, and children with the

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Research being conducted at the University of Strathclyde in Glasgow may lead to treatment to help children with cerebral palsy to speak more clearly. Cerebral palsy is usually caused by a birth injury to the brain, and children with the condition often have trouble controlling their movements as they grow older.

Dr. Anja Kuschmann is studying the speech patterns of children with the condition in order to better understand why they often struggle to speak clearly. Kuschmann has stated her belief that a better understanding of cerebral palsy could lead to better diagnosis and treatment.

Kuschmann said that speech problems encountered by children with cerebral palsy include difficulty with rhythm, melody and stress. Such problems are usually referred to as “prosodic difficulties,” and they can make a great difference in how intelligible a child’s speech may be to listeners.

According to Kuschmann, the prosodic development of young people with cerebral palsy is not well understood at present. Currently, she said, it is unclear whether the issues result from an inability to store prosodic information in the brain or from muscular problems that arise during speaking. The doctor’s research is intended to find the cause of these prosodic difficulties.

The research will be conducted over three years with the help of a $350,000 research fellowship. Although there is no cure for cerebral palsy today, better treatment could greatly improve quality of life for children with the condition.

Bob Briskman is a Chicago injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Special Hazard Rule Covers Employee in Workers’ Compensation Case http://www.seonewswire.net/2014/02/special-hazard-rule-covers-employee-in-workers-compensation-case/ Fri, 28 Feb 2014 11:46:38 +0000 http://www.seonewswire.net/2014/02/special-hazard-rule-covers-employee-in-workers-compensation-case/ In an unpublished opinion, The Illinois Appellate Court held that a bus driver’s injury — resulting from tripping over a mat while leaving a work meeting — arose out of her employment. The bus driver claimed an injury to her

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In an unpublished opinion, The Illinois Appellate Court held that a bus driver’s injury — resulting from tripping over a mat while leaving a work meeting — arose out of her employment.

The bus driver claimed an injury to her leg while attending a compulsory meeting for 200 workers held at a school. The driver claimed to have tripped over a bunched-up mat as she exited, resulting in a knee injury and distal fracture. The driver claimed workers’ compensation benefits.

The employer did not dispute that the driver was in the course of her employment at the time of the injury, but did dispute the allegation that the injury arose out of her employment.

The Illinois Appellate Court held that the worker was entitled to benefits because she was required to be at the location where the accident occurred and because the location was controlled by her employer. The court rejected the employer’s argument that the case involved the risks inherent to walking on a mat that confront any member of the public. According to the court, the bunched-up mat constituted a “dangerous condition of the premises,” adding that special hazards, when encountered as a result of using ordinary access routes, arise out of employment.

Bob Briskman is a Chicago work injury lawyer and workers compensation attorney with Briskman Briskman & Greenberg. To read more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Wrongful Death Lawsuit Filed Over Police-Involved Shooting http://www.seonewswire.net/2014/02/wrongful-death-lawsuit-filed-over-police-involved-shooting/ Fri, 21 Feb 2014 11:44:24 +0000 http://www.seonewswire.net/2014/02/wrongful-death-lawsuit-filed-over-police-involved-shooting/ A wrongful death lawsuit has been filed against the city of Chicago over the death of a man shot by an off-duty Chicago Police officer. The shooting took place at a Chicago Housing Authority building on the Near West Side

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A wrongful death lawsuit has been filed against the city of Chicago over the death of a man shot by an off-duty Chicago Police officer. The shooting took place at a Chicago Housing Authority building on the Near West Side in September 2013.

Jarrod Horton filed the lawsuit in Chicago’s U.S. District Court, claiming that police did not have any reason to arrest or shoot his brother, Marlon Horton, after he left the building as a security guard had requested.

According to authorities, the off-duty police officer, who was working as a security guard, came to the building to assist a female security guard in removing Marlon Horton from the lobby, where he was sleeping.

Authorities say that Horton left, but that the guards confronted him again when they saw him urinating on a truck outside. During the confrontation, Horton allegedly knocked the officer over and pulled the guard’s hair, and when it appeared that he could reach the guard’s gun, the off-duty officer shot him in the chest.

The lawsuit claims that police had no reason to arrest Horton and that excessive force was used against him. The suit claims false arrest, wrongful death, emotional distress and civil rights violations.

Bob Briskman is a wrongful death lawyer in Chicago, IL with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Johnson & Johnson Must Pay Over $10 Million in Birth Injury Case http://www.seonewswire.net/2014/02/johnson-johnson-must-pay-over-10-million-in-birth-injury-case/ Fri, 14 Feb 2014 01:49:35 +0000 http://www.seonewswire.net/2014/02/johnson-johnson-must-pay-over-10-million-in-birth-injury-case/ The parents of a boy who suffered birth injuries after being exposed to anti-seizure medication have been awarded more than $10 million by a Philadelphia jury, which decided against Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson. The five-year-old boy

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The parents of a boy who suffered birth injuries after being exposed to anti-seizure medication have been awarded more than $10 million by a Philadelphia jury, which decided against Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson.

The five-year-old boy suffered from cleft lip and other birth injuries after being exposed to Topamax while his mother was pregnant.

The verdict came just weeks after another multi-million dollar verdict against Janssen Pharmaceuticals, also regarding birth injuries suffered after exposure to Topamax.

Attorneys for the plaintiffs said that the verdicts confirmed that Janssen knew of the risks of birth injuries when Topamax was taken by pregnant mothers, but failed to warn physicians of the danger and continued to market the drug.

The plaintiffs’ attorneys also said that the large verdicts were appropriate, as the children’s birth injuries will necessitate numerous surgeries and will have long-lasting effects on their health.

A spokesperson for Johnson & Johnson said the company was disappointed in the verdict and planned to appeal. The drug maker said that the evidence indicated that the mother and her doctor were aware of the side effects of the drug. Johnson & Johnson also said that the jury failed to consider critical factors, including other potential causes of the birth injuries.

Bob Briskman is a Chicago injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Two Illinois Workers Injured in Combustible Dust Explosion http://www.seonewswire.net/2014/02/two-illinois-workers-injured-in-combustible-dust-explosion/ Tue, 11 Feb 2014 01:48:53 +0000 http://www.seonewswire.net/2014/02/two-illinois-workers-injured-in-combustible-dust-explosion/ An Illinois metal products company was cited for safety violations after two workers were injured in a combustible dust explosion at a Glendale Heights Facility. The Occupational Safety and Health Administration issued the citations to Northstar Metal Products for 11

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An Illinois metal products company was cited for safety violations after two workers were injured in a combustible dust explosion at a Glendale Heights Facility.

The Occupational Safety and Health Administration issued the citations to Northstar Metal Products for 11 violations of health and safety regulations following the April 1 incident. One of the workers injured suffered burns to his face, arm and hand. OSHA proposed fines totaling $51,480.

An OSHA official said that manufacturing companies that engage in processes that produce combustible dust must take special precautions to avoid explosions and injuries.

One repeat citation was for the failure to control hazardous energy. The company had been cited for a similar violation in 2011.

Other violations included failure to control hazards resulting from aluminum dust, lack of fall protection and respiratory protection, lack of machine guarding, improperly maintained fire extinguishers, inadequate signage and violations of practices regarding electrical work. These were all classified as serious violations, meaning that there is a substantial probability that the dangerous condition could cause serious injury or death, and that the employer knew or should have known about the condition.

Northstar Metal Products had previously been cited by OSHA for 11 violations.

The company was given 15 days from the receipt of the citations to comply or contest the findings.

Bob Briskman is a Chicago work injury lawyer and workers compensation attorney with Briskman Briskman & Greenberg. To read more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Government Pushes for Better Car Safety Systems http://www.seonewswire.net/2014/02/government-pushes-for-better-car-safety-systems/ Fri, 07 Feb 2014 01:51:39 +0000 http://www.seonewswire.net/2014/02/government-pushes-for-better-car-safety-systems/ The federal government is pushing for automobile safety systems that are expected to aid in the prevention of car accidents. The systems include seat belt interlocks, collision avoidance systems and alcohol detection devices. Collision avoidance systems — which warn drivers

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The federal government is pushing for automobile safety systems that are expected to aid in the prevention of car accidents.

The systems include seat belt interlocks, collision avoidance systems and alcohol detection devices.

Collision avoidance systems — which warn drivers when they are about to strike another vehicle and can automatically apply the brakes — are already available in some high-end vehicles. Officials are encouraging automakers to widen their availability.

Both seat belt interlocks and alcohol detection systems, which prevent the operation of a vehicle if seat belts are not fastened or if the driver is impaired, need more research before full implementation. The National Highway Traffic Safety Administration has said that it will “aggressively accelerate” that research.

This push for automobile safety systems comes as final figures on traffic deaths are released for 2012 and represent the first increase since 2005. There were 33,561 highway fatalities in 2012, an increase of 1,082 from the previous year.

Traffic safety officials have stated that these auto safety systems will address the three most important threats to highway safety: drunk driving, distracted driving and failure to use seat belts. According to officials, the technologies are within reach, and they have the potential to significantly reduce highway deaths.

The increase in traffic deaths in 2012 may have been caused in part by an unusually warm winter. 72 percent of the increase in fatalities occurred in the first quarter of the year, and the first quarter of 2012 was also the warmest on record. Although snow and ice are associated with traffic accidents, there are actually more accidents during warmer winters, because more drivers are on the road. The warm winter also lengthened the motorcycle riding season, and motorcycle deaths increased at a greater rate than other fatalities.

Preliminary data from 2013 indicates that the fatality rate may have dropped again in the year following this increase.

The Traffic Safety Administration said that seat belt interlocks could save 3,000 lives per year. The agency is considering changing safety standards to allow automakers to fulfill current crash protection requirements with the seat belt interlocks. In this way, they could opt out of more expensive changes to the interior design of vehicles to reduce injuries to occupants who are thrown around a vehicle during a crash.

Alcohol detection systems currently under research are different from those already required by some states for drivers arrested for or convicted of drunk driving. Those systems usually require the driver to take a step (such as breathing into a tube) before the car will start. The new systems will function automatically. When the driver touches the steering wheel or simply breathes, the devices will detect blood alcohol content and prevent the car from starting if the driver is over the legal limit.

Bob Briskman is a car accident lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Insurance Firm Projects Zero Growth in Number of Medical Malpractice Claims http://www.seonewswire.net/2014/01/insurance-firm-projects-zero-growth-in-number-of-medical-malpractice-claims/ Tue, 14 Jan 2014 01:44:53 +0000 http://www.seonewswire.net/2014/01/insurance-firm-projects-zero-growth-in-number-of-medical-malpractice-claims/ Medical malpractice costs are growing at the slowest rate in a 14-year period, according to insurance broker Aon. The company has projected zero growth in the number of medical malpractice claims. The 2013 Hospital and Physician Professional Liability Benchmark report

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Medical malpractice costs are growing at the slowest rate in a 14-year period, according to insurance broker Aon. The company has projected zero growth in the number of medical malpractice claims.

The 2013 Hospital and Physician Professional Liability Benchmark report was released by Aon Risk Solutions and the American Society of Healthcare Risk Management. In 2013, the rate of growth in medical malpractice costs has been the smallest in the 14 years that the annual report has been produced.

Erik Johnson, the author of the report and the health care practice leader for the Actuarial and Analytics Practice of Aon, said that in addition to the zero growth in the number of claims, other geographic, technological and societal forces that can affect health care professional liability claims were largely in check, leading to a low inflationary environment.

For the first time this year, Aon used hospital admissions and revenue data to measure the cost of medical malpractice. According to estimates in the report for 2014, approximately 60 cents will be spent on medical malpractice claims for every $100 in hospital revenue.

The data in the report is compiled using a database of 118 U.S. health care systems, representing 28 percent of U.S. hospitals. The data collected includes 103,379 claims representing $16.6 billion in costs. The database contains information about claims over a 10-year period.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Pradaxa Bleeding Lawsuits Progress in Federal Multidistrict Litigation http://www.seonewswire.net/2014/01/pradaxa-bleeding-lawsuits-progress-in-federal-multidistrict-litigation/ Mon, 06 Jan 2014 01:43:04 +0000 http://www.seonewswire.net/2014/01/pradaxa-bleeding-lawsuits-progress-in-federal-multidistrict-litigation/ More than 1,700 personal injury lawsuits are pending against pharmaceutical company Boehringer Ingelheim in Illinois. Plaintiffs filing in the in federal multidistrict litigation allege that the company’s blood-thinning medication Pradaxa caused internal bleeding. These lawsuits are part of multidistrict litigation

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More than 1,700 personal injury lawsuits are pending against pharmaceutical company Boehringer Ingelheim in Illinois. Plaintiffs filing in the in federal multidistrict litigation allege that the company’s blood-thinning medication Pradaxa caused internal bleeding.

These lawsuits are part of multidistrict litigation in U.S. District Court, Southern District of Illinois. On November 4, the court established a protocol for selecting bellwether cases, directing both sides to select up to three lawsuits as possible candidates. In January 2014, the court will select four of those cases for the first bellwether trials, which are scheduled to commence in August 2014.

According to court records, at least 1,767 lawsuits are pending in the litigation. The complaints allege that Boehringer Ingelheim failed to adequately warn doctors and patients about internal bleeding as a side effect of Pradaxa and about the lack of an available antidote.

The Food and Drug Administration recorded more than 582 deaths and 3,292 reports of other adverse events involving Pradaxa in 2012, according to the Institute for Safe Medicine Practices. The figure exceeds the adverse reports of any other drug tracked in 2012.

According to news reports, regulators in several countries have issued warnings regarding the side effects of the drug, especially concerning internal bleeding.

Pradaxa has been sold as an alternative to warfarin, an established blood-thinning medication. Blood-thinning medications are prescribed to prevent strokes caused by blood clots. Some research has found Pradaxa to be more effective than warfarin at preventing such strokes. However, internal hemorrhaging caused by warfarin can be treated with vitamin K; there is no such effective treatment for stopping internal bleeding caused by Pradaxa.

U.S. District Judge David Herndon recently ruled that Boehringer Ingelheim must pay a fine of almost $1,000,000 for withholding or failing to preserve “countless” files sought by the plaintiffs. Judge Herndon said that the company acted in bad faith and that its efforts to safeguard the documents were grossly inadequate.

The documents in question concerned the drug maker’s development and marketing of Pradaxa. Judge Herndon said that the failure to preserve them was “egregious.”

Boehringer Ingelheim said that there were unintentional and unexpected discovery problems in the litigation, and that the plaintiffs were not prevented from obtaining access to the central documents in the case.

A key allegation in the lawsuits is that Boehringer executives were aware of the risk of death from internal bleeding when they brought the drug to market in 2010. Pradaxa has generated sales of more than $1,000,000,000 for the German, family-owned firm.

Bob Briskman is a injury lawyer and attorney in Chicago with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Eight and a Half Million Dollars Awarded in Birth Injury Case http://www.seonewswire.net/2013/12/eight-and-a-half-million-dollars-awarded-in-birth-injury-case/ Tue, 03 Dec 2013 19:11:31 +0000 http://www.seonewswire.net/2013/12/eight-and-a-half-million-dollars-awarded-in-birth-injury-case/ A family was awarded $8.5 million in a birth injury case. According to the lawsuit, the baby suffered a severe brain injury in 2010 while in the care of MetroHealth Medical Center in Cleveland, Ohio. The lawsuit claimed that the

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A family was awarded $8.5 million in a birth injury case. According to the lawsuit, the baby suffered a severe brain injury in 2010 while in the care of MetroHealth Medical Center in Cleveland, Ohio.

The lawsuit claimed that the mother likely contracted a placental infection, the baby did not receive adequate oxygen to the brain, and the baby was not resuscitated properly.

The family said that the child, now three years old, will never be able to lead a normal life or care for herself. She has to be fed with a tube each day.

An important piece of evidence in the trial was the baby’s APGAR score. The scoring system is named after Dr. Virginia Apgar, the anesthesiologist who devised it in 1952. Infants are evaluated on five criteria, which are summarized in a backronym: appearance, pulse, grimace, activity, and respiration.

In this case, the infant had a pulse when she was born, but she was not breathing. Neonatal resuscitation experts were not notified in time to prevent brain damage. At trial, forensic evidence was introduced that showed that the baby’s APGAR score had been changed in such a way as to make it appear that the hospital was not responsible for the child’s injury.

Failure to respond properly to a baby who is not breathing is just one type of medical malpractice that can lead to a birth injury lawsuit. Doctors and hospitals may also fail to detect infections in the mother or baby, misuse medical equipment, misread fetal monitors, or make medication errors.

Bob Briskman is a Chicago injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Nearly 10,000 Cases Pending in Yasmin/Yaz Multidistrict Litigation in Illinois http://www.seonewswire.net/2013/11/nearly-10000-cases-pending-in-yasminyaz-multidistrict-litigation-in-illinois/ Wed, 20 Nov 2013 09:07:56 +0000 http://www.seonewswire.net/2013/11/nearly-10000-cases-pending-in-yasminyaz-multidistrict-litigation-in-illinois/ There are nearly 10,000 lawsuits pending in multidistrict litigation in federal court in Illinois over personal injuries allegedly caused by the contraceptive drugs Yasmin and Yaz. The U.S. Judicial Panel on Multidistrict Litigation (MDL) said that 9,961 actions were pending

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There are nearly 10,000 lawsuits pending in multidistrict litigation in federal court in Illinois over personal injuries allegedly caused by the contraceptive drugs Yasmin and Yaz.

The U.S. Judicial Panel on Multidistrict Litigation (MDL) said that 9,961 actions were pending in the Yasmin/Yaz MDL as of May 14. The MDL is No. 2100 in U.S. District Court, Southern District of Illinois. Bayer Healthcare Pharmaceuticals is the manufacturer of both Yasmin, which received FDA approval in 2001, and Yaz, which was approved by the FDA in 2006. Both drugs are oral contraceptives that combine a fourth generation progestin, drospirenone, with estrogen to prevent pregnancy.

The lawsuits against Bayer allege that the plaintiffs developed serious medical issues caused by their use of Yasmin or Yaz. The injuries include gall bladder complications, stroke, deep vein thrombosis, heart blockage and blood clots.

Bayer Pharmaceuticals said in its February 28, 2013 annual report that it had reached agreements to settle the claims of about 4,800 U.S. plaintiffs, for a total amount of approximately $1 billion. The settlements do not include an admission of liability.

In March, Reuters reported that Bayer agreed to settle several state lawsuits in New Jersey, California and Pennsylvania that alleged that gall bladder injuries were caused by Yasmin or Yaz. The settlement reportedly called for plaintiffs who suffered gall bladder injuries to be paid $2,000 and plaintiffs who had their gall bladders removed to be paid $3,000.

In June, the Canadian Broadcasting Corporation reported that Health Canada documents showed that Yasmin and Yaz are suspected in the deaths of women who died suddenly from blood clots. Health Canada is the Canadian equivalent of the FDA in the United States. In April of last year, the agency issued a warning informing consumers about blood clotting as a possible side effect of Yaz and Yasmin.

The Health Canada document said that doctors and pharmacists had reported 23 deaths and more than 600 adverse reactions associated with Yasmin or Yaz. The adverse reactions were reported between 2007 and February 2013. More than half of the deaths were of women under the age of 26, with the youngest being 14. The report came shortly after a Canadian judge certified a class-action lawsuit alleging that the drugs caused life-threatening blood clots.

In April 2012 the FDA issued a similar warning, saying that drospirenone-containing birth control drugs may be associated with a higher risk of blood clots.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Missed Diagnoses Are Most Common Medical Malpractice Claims http://www.seonewswire.net/2013/10/missed-diagnoses-are-most-common-medical-malpractice-claims/ Fri, 25 Oct 2013 11:33:47 +0000 http://www.seonewswire.net/2013/10/missed-diagnoses-are-most-common-medical-malpractice-claims/ A new study found that medical malpractice claims are most commonly associated with missed diagnoses of heart attack and cancer. Irish researchers conducted the study, which appeared in BMJ Open on July 18. The researchers reviewed over 7,000 journal papers

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A new study found that medical malpractice claims are most commonly associated with missed diagnoses of heart attack and cancer.

Irish researchers conducted the study, which appeared in BMJ Open on July 18. The researchers reviewed over 7,000 journal papers regarding medical malpractice claims, focusing on claims filed against primary care physicians, as that is who provides initial line of care to patients.

The researchers found 34 journal articles relevant to their research, from the United States, United Kingdom, France, Australia and Canada. The study found that the most commonly reported claims of medical malpractice were those involving missed diagnoses. Depending on the study, missed diagnoses were found to account for between 26 and 63 percent of the total. Death occurred in between 15 and 48 percent of the missed diagnosis claims.

The researchers from Trinity College Dublin and the Royal College of Surgeons in Ireland Medical School found that heart attack and cancer were the most common missed diagnoses, followed by appendicitis, bone fractures and ectopic pregnancy. In cases involving children, cancer and meningitis were the most common missed diagnoses.

After missed diagnoses, medication errors were the most common medical malpractice claim. Such errors were seen in between 6 and 20 percent of the cases, and involved drugs including antibiotics, anticoagulants, steroids, antidepressants and antipsychotics.

The study found that the number of medical malpractice claims filed against primary care physicians in the United States has not changed significantly in the past 20 years.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Effexor Linked to Birth Injuries http://www.seonewswire.net/2013/09/effexor-linked-to-birth-injuries/ Tue, 24 Sep 2013 03:13:41 +0000 http://www.seonewswire.net/2013/09/effexor-linked-to-birth-injuries/ The use of the antidepressant Effexor by pregnant women has been linked to birth injuries. Effexor, introduced in 1993, was the first serotonin-norepinephrine reuptake inhibitor (SNRI) antidepressant, as distinguished from the more common selective serotonin reuptake inhibitors (SSRIs). The FDA

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The use of the antidepressant Effexor by pregnant women has been linked to birth injuries.

Effexor, introduced in 1993, was the first serotonin-norepinephrine reuptake inhibitor (SNRI) antidepressant, as distinguished from the more common selective serotonin reuptake inhibitors (SSRIs). The FDA approved the drug for treatment of anxiety and depression, and by 2007 it was the sixth-most-prescribed antidepressant in the U.S., with 17.2 million prescriptions written annually. Wyeth Pharmaceuticals, the drug’s manufacturer, was acquired by Pfizer in 2009. A generic version of the drug, venlafaxine, was approved for sale in 2010.

Studies have linked Effexor to many side effects, ranging from relatively mild effects such as weight gain and fatigue to serious risks such as suicide ideation and birth injuries, when the medication is used by pregnant women.

Birth injuries linked to Effexor include spina bifida, atrial or ventricular septal defects, club foot, heart murmurs and persistent pulmonary hypertension of the newborn (PPHN). The drug has also been linked to spontaneous miscarriage when used by pregnant women.

Such injuries have led to a number of lawsuits. The first lawsuit over birth injuries allegedly caused by ingesting Effexor was filed in February 2012, with two more lawsuits following the same year. The first lawsuit was filed by a woman who claimed that she ingested Effexor while pregnant and that this caused a fatal heart defect in her daughter. Her daughter was born in February 2010 with a malformed aorta, among other defects. The child died soon after birth. According to the lawsuit, the drug’s manufacturer knew or should have known of the risks and failed to warn consumers.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Hospitals and Doctors Not Required to Carry Malpractice Insurance http://www.seonewswire.net/2013/09/hospitals-and-doctors-not-required-to-carry-malpractice-insurance/ Fri, 13 Sep 2013 00:11:35 +0000 http://www.seonewswire.net/2013/09/hospitals-and-doctors-not-required-to-carry-malpractice-insurance/ It may surprise some to learn that hospitals and doctors in Illinois are not required to carry medical malpractice insurance. Although the law requires a driver to be insured before getting behind the wheel, professionals engaged in the practice of

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It may surprise some to learn that hospitals and doctors in Illinois are not required to carry medical malpractice insurance. Although the law requires a driver to be insured before getting behind the wheel, professionals engaged in the practice of medicine may choose to forgo purchasing insurance.

While the vast majority of hospitals and doctors do carry insurance, it is not required by law. In an attempt to avoid the high cost of malpractice premiums, hospitals and doctors may choose to “go bare” by not carrying insurance. Instead, they may try to limit liability by creating a corporation which can file for bankruptcy in the event of a large malpractice verdict.

While malpractice premiums are undoubtedly high, especially in the Chicago area, this is not the result of large payouts in medical malpractice lawsuits, as the insurance industry incorrectly claims. Several studies have shown that there is no connection between increases or decreases in payouts and changes in the premiums charged. Rather, because much of insurance companies’ profits come from investments, premiums tend to rise and fall according to the health of the overall economy.

Hospitals that forgo malpractice insurance are also not required to inform patients of that fact. Such institutions may claim to be self-insured, maintaining adequate cash reserves to pay malpractice claims, but in reality those reserves are not always sufficient. An institution may use the specter of bankruptcy in malpractice settlement negotiations, so it is important for injured patients to obtain representation from an experienced attorney knowledgeable about such issues.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Worker Claims He Was Fired After Applying for Workers’ Compensation Benefits http://www.seonewswire.net/2013/08/worker-claims-he-was-fired-after-applying-for-workers-compensation-benefits/ Thu, 29 Aug 2013 00:08:53 +0000 http://www.seonewswire.net/2013/08/worker-claims-he-was-fired-after-applying-for-workers-compensation-benefits/ A lawsuit has been filed alleging that a worker was fired after applying for workers’ compensation benefits. Roger Johnson filed suit June 11 in St. Clair County Circuit Court, claiming that he was wrongly discharged. The plaintiff alleges that he

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A lawsuit has been filed alleging that a worker was fired after applying for workers’ compensation benefits.

Roger Johnson filed suit June 11 in St. Clair County Circuit Court, claiming that he was wrongly discharged. The plaintiff alleges that he was employed by defendant Commercial Transport when he sustained injuries on April 30, 2012. According to the complaint, Johnson filed for workers’ compensation benefits shortly after his injury.

The complaint alleges that Johnson’s employment was terminated after he applied for benefits, a violation of the Illinois Workers’ Compensation Act. The lawsuit states that Johnson lost wages and health and pension benefits and suffered mental anguish and damage to his reputation.

Johnson is seeking damages in excess of $50,000 as well as punitive damages in excess of $50,000, plus costs.

Under the Illinois Workers’ Compensation Act, an employer may not retaliate against a worker for exercising his or her rights in regards to workers’ compensation by discharging, harassing, refusing to rehire, or discriminating against the employee in any way, and violation of this provision may give rise to a cause of action in court.

Bob Briskman is a Chicago work injury lawyer and workers compensation attorney with Briskman Briskman & Greenberg. To read more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Patient Awarded $1 Million in Medical Malpractice Case http://www.seonewswire.net/2013/08/patient-awarded-1-million-in-medical-malpractice-case/ Tue, 27 Aug 2013 05:07:25 +0000 http://www.seonewswire.net/2013/08/patient-awarded-1-million-in-medical-malpractice-case/ A Will County jury ruled in favor of an 82-year-old woman who was injured during surgery, awarding her $1 million in a medical malpractice case. Virginia Faletti of the Kankakee, Illinois area, alleged that she was left with nerve damage

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A Will County jury ruled in favor of an 82-year-old woman who was injured during surgery, awarding her $1 million in a medical malpractice case.

Virginia Faletti of the Kankakee, Illinois area, alleged that she was left with nerve damage after a botched orthopedic surgery in July 2009. According to the lawsuit, during what was supposed to be routine surgery to treat carpal tunnel syndrome, the surgeon cut the patient’s median nerve, resulting in permanent damage.

At trial, the surgeon admitted cutting the median nerve, referring to the injury as a “complication” that did not rise to the level of malpractice.

Faletti and members of her family testified at trial that there were “profound effects” on her life from the injury. According to Faletti’s attorneys, a subsequent reconstructive nerve surgery was undertaken to try to repair the damage, but it was not a complete success, and she was left with permanent deficits.

The Will County jury found in Faletti’s favor on June 18, awarding her $1,066,000 in damages.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Nursing Facilities Have Frequent Errors in Administration of Medication http://www.seonewswire.net/2013/08/nursing-facilities-have-frequent-errors-in-administration-of-medication/ Mon, 19 Aug 2013 07:04:19 +0000 http://www.seonewswire.net/2013/08/nursing-facilities-have-frequent-errors-in-administration-of-medication/ The researchers observed medical staff in nursing homes giving medication to 127 clients over a period of time and noted 428 errors, or 21.2 percent of the total administrations of medication. Another study, published in the American Journal of Geriatric

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The researchers observed medical staff in nursing homes giving medication to 127 clients over a period of time and noted 428 errors, or 21.2 percent of the total administrations of medication.

Another study, published in the American Journal of Geriatric Pharmacology, found that repeat mistakes were common in nursing homes and had a greater chance of causing harm to the patient than one-time events.

Medication errors can occur when medical staff give the wrong medication, fail to administer the drug, or fail to follow the doctor’s instructions in administering the medication. Residents of assisted living facilities may be even more vulnerable, because medications are often administered by non-nursing staff.

When medical staff at a nursing home make errors in administering medications, the effects can be extremely harmful for the patient’s health, and may even be life-threatening. Studies have found that drug errors often involve high-risk medications such as hypoglycemic agents and anticoagulants. For Americans age 75 and older, it is typical to take an average of more than 11 medications over the course of a year, making accurate administration extremely important. This type of nursing home neglect often leads to lawsuits against nursing facilities for negligence and medical malpractice.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Truck Accident Victims Want Truck Size and Weight Limits Frozen http://www.seonewswire.net/2013/08/truck-accident-victims-want-truck-size-and-weight-limits-frozen/ Fri, 02 Aug 2013 06:01:07 +0000 http://www.seonewswire.net/2013/08/truck-accident-victims-want-truck-size-and-weight-limits-frozen/ The Truck Safety Coalition joined with survivors of truck accidents and families of victims for the annual Sorrow to Strength event in Washington, D.C. The event, which is intended to advance truck safety, was comprised of workshops and meetings with

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The Truck Safety Coalition joined with survivors of truck accidents and families of victims for the annual Sorrow to Strength event in Washington, D.C. The event, which is intended to advance truck safety, was comprised of workshops and meetings with transportation officials and members of Congress..

The coalition is working to build support for the Safe Highways and Infrastructure Preservation Act (SHIPA), which would freeze federal limits on truck size and weight at their current levels. The bill would also close loopholes that allow trucks over the weight limit to operate, and establish a program of enforcement.

Joan Claybrook, chair of Citizens for Reliable and Safe Highways (CRASH), said that trucking interests were pushing Congress for increased weight limits, even amid continuing high fatality rates from truck accidents.

The Truck Safety Coalition said that its new national poll revealed that 68 percent of the public oppose increased truck weight limits, with 47 percent strongly opposed.

Truck safety advocates were also pushing for onboard electronic recorders on trucks to prevent safety risks, such as driving too long without rest. The activists also favor increasing the minimum insurance that trucking companies are required to carry, as some injuries suffered by truck crash victims exhaust the company’s policy.

The coalition said it was dedicated to providing support to truck crash victims, reducing deaths and injuries from truck accidents and educating the public and policymakers about truck safety.

Bob Briskman is a tractor trailer and truck accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Medical malpractice Litigation Helps Reform Patient Care http://www.seonewswire.net/2013/07/medical-malpractice-litigation-helps-reform-patient-care/ Fri, 26 Jul 2013 05:59:17 +0000 http://www.seonewswire.net/2013/07/medical-malpractice-litigation-helps-reform-patient-care/ It is often assumed that the threat of medical malpractice lawsuits causes health providers to be more secretive about medical errors, which could prevent advances in patient safety. However, a new survey by Joanna C. Schwartz in cooperation with the

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It is often assumed that the threat of medical malpractice lawsuits causes health providers to be more secretive about medical errors, which could prevent advances in patient safety. However, a new survey by Joanna C. Schwartz in cooperation with the American Society of Health Care Risk Managers, shows that hospitals are actually moving toward more transparency.

In the survey of more than 400 people involved with risk management at hospitals, Schwartz found that more than 80 percent of hospitals employ a policy of offering patients an apology for medical errors, in part because they have found that disclosing errors and offering early settlements cuts down on litigation costs.

The study also showed that medical malpractice lawsuits have proven to be a valuable source of information for hospitals. More than 95 percent of the hospitals in the survey incorporate information from lawsuits into their efforts to improve patient safety. According to Schwartz, the risk management professionals in her survey overwhelmingly report that they have used information from lawsuits to learn about and reduce medical errors.

Despite existing requirements to report medical errors, lawsuits can uncover errors with delayed effects, such as diagnostic errors that would not otherwise come to light, as well as errors that should have been reported but were not.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Allstate to Help Parents Monitor Teen Driving http://www.seonewswire.net/2013/07/allstate-to-help-parents-monitor-teen-driving/ Sun, 14 Jul 2013 03:54:44 +0000 http://www.seonewswire.net/2013/07/allstate-to-help-parents-monitor-teen-driving/ The insurance company Allstate Corp. is preparing to launch products aimed at parents who want to monitor the driving habits of their teenage children. The Northbrook, Illinois-based insurer is adding the features to its usage-based policies. Usage-based insurance policies are

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The insurance company Allstate Corp. is preparing to launch products aimed at parents who want to monitor the driving habits of their teenage children. The Northbrook, Illinois-based insurer is adding the features to its usage-based policies.

Usage-based insurance policies are already expanding at Allstate and many other insurers. In exchange for allowing the insurance company to install a monitoring device on their vehicles, policyholders receive discounts for safe driving. Allstate’s monitoring device is called Drivewise and was introduced in 2010.

Tom Wilson, Allstate’s CEO, said the expansion of the Drivewise program would allow parents to know where their kids are if they are driving and would also include ways of teaching teenagers better driving skills by giving them a driving score based on certain algorithms. Data collected by the Drivewise device will show up on a user website where parents can look at a “report card” that measures safe driving.

State Farm, another auto insurer, offers online products to promote safe driving, including Road Trips, which gives three-minute tutorials on driving skills, and Road Aware, an online tool that helps teens learn to anticipate road hazards. For U.S. teenagers, traffic collisions are the leading cause of death. After declining steadily for years, deaths of teen drivers increased in the first six months of 2012.

Usage-based policies like Allstate’s Drivewise are becoming more common as technology advances to allow for the collection of more driving data. The technology in question is known as telematics, which refers to a combination of telecommunications and informatics. The devices record data when the car is in use and can allow insurance companies to charge customers only for the time when the policy is in use and to offer discounts on premiums as a reward for safe driving habits. The idea is popular among many consumers, as it can result in lower premiums and has an inherent fairness. Auto insurance agents also welcome the idea as a way to attract consumers in a competitive market.

Insurers’ monitoring devices are a consumer choice, but almost all new cars are also equipped with electronic data recorders, or “black boxes,” that keep track of information like speed, braking, seat belt use and steering. In the event of a crash, the recorders, which are similar to black boxes in airplanes, store data from a few seconds before and after the air bag is deployed, to assist in determining the cause of the accident.. The use of data recorders in automobiles has raised issues of privacy and data ownership that have yet to be resolved.

Bob Briskman is a Chicago vehicle accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Another Birth Injury Suit Filed Over Depakote in Illinois Federal Court http://www.seonewswire.net/2013/07/another-birth-injury-suit-filed-over-depakote-in-illinois-federal-court/ Tue, 09 Jul 2013 09:40:31 +0000 http://www.seonewswire.net/2013/07/another-birth-injury-suit-filed-over-depakote-in-illinois-federal-court/ A new lawsuit has been filed in the names of 36 children whose mothers took the anti-epileptic drug Depakote while they were pregnant. The lawsuits allege that the plaintiffs suffered birth injuries as a result of their mothers’ use of

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A new lawsuit has been filed in the names of 36 children whose mothers took the anti-epileptic drug Depakote while they were pregnant.

The lawsuits allege that the plaintiffs suffered birth injuries as a result of their mothers’ use of the drug, including spina bifida, neural tube defects, heart defects and other congenital malformations. The defendant is the manufacturer of the drug, Abbott Laboratories, which is based in Illinois.

The lawsuit was filed in U.S. District Court for the Southern District of Illinois, where there are already more than a dozen other lawsuits pending against Abbot Laboratories. The plaintiffs are claiming diversity of citizenship and an amount in controversy of more than $75,000.

Depakote, otherwise known as valproic acid, is marketed under the brand names of Depakote ER, Depacon and Depakene. It is commonly prescribed as an anti-epileptic medication. The lawsuit claims that Abbott failed to properly design and test the medication and did not provide adequate warnings of the dangers associated with its use by pregnant women. The plaintiffs claim that the ingestion of the drug by pregnant women during the first trimester is known to cause severe birth defects.

According to the lawsuit, the plaintiffs have suffered physical and mental pain and suffering, permanent injuries, loss of enjoyment of life and loss of future earning capacity, as well as having incurred significant medical costs.

Bob Briskman is a birth injury lawyer in Chicago and attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Diagnostic Errors Are Top Reason for Malpractice Claims http://www.seonewswire.net/2013/07/diagnostic-errors-are-top-reason-for-malpractice-claims/ Mon, 01 Jul 2013 06:38:51 +0000 http://www.seonewswire.net/2013/07/diagnostic-errors-are-top-reason-for-malpractice-claims/ A recent study has found that the most common cause of medical malpractice claims is diagnostic errors. Researchers used the National Practitioner Data Bank, a record of actions against health care professionals by state licensing bodies, to determine the percentage

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A recent study has found that the most common cause of medical malpractice claims is diagnostic errors. Researchers used the National Practitioner Data Bank, a record of actions against health care professionals by state licensing bodies, to determine the percentage of claims accounted for by different types of medical errors. Diagnostic errors were the most common, at 28.6 percent of the total, and accounted for 35.2 percent of total payments.

The second most common type of mistake was errors related to treatment, and surgery errors were the third most common. All other types of errors combined, including medication, anesthesia, monitoring, obstetric errors and others, accounted for less than 20 percent of the total.

The study, which was published on the website of BMJ Quality and Safety, discovered over 100,000 payments for errors in diagnosis during the period from 1986 to 2010, out of a total of 350,706 paid claims analyzed. Diagnostic errors accounted for 33.8 percent of the cases involving disability and nearly 40 percent of the cases involving death. The study found more outpatient than inpatient diagnostic errors, but found that inpatient diagnostic mistakes were more likely to be lethal.

According to the researchers, diagnostic errors are a major health problem that all medical professionals, hospitals and insurers should be working together to address. The importance of a proper diagnosis is paramount, as the diagnosis determines the treatment.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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FDA Investigating Robotic Surgery Problems http://www.seonewswire.net/2013/06/fda-investigating-robotic-surgery-problems/ Fri, 21 Jun 2013 10:44:00 +0000 http://www.seonewswire.net/2013/06/fda-investigating-robotic-surgery-problems/ The Food and Drug Administration (FDA) is investigating a rise in problems with a robotic surgery device, including errors that may constitute medical malpractice. The robot, called da Vinci, is manufactured by Intuitive Surgical Inc. and was used in close

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The Food and Drug Administration (FDA) is investigating a rise in problems with a robotic surgery device, including errors that may constitute medical malpractice.

The robot, called da Vinci, is manufactured by Intuitive Surgical Inc. and was used in close to 400,000 surgeries in 2012, three times as many as in 2008. Now the FDA is investigating problems that include several deaths and incidents of apparent malfunctions.

The million-dollar device is used in operations including repair of heart valves, organ transplants, and removing prostrates and gallbladders. The operations can be less tiring for surgeons, who sit at a computer screen to control the machine. Movements can be more precise with robot arms that do not shake, and doctors report that there is sometimes less bleeding when the device is used.

However, an FDA survey of doctors using da Vinci reveals at least five deaths linked to the machine since early last year. The device is currently the only robotic surgery tool approved by the FDA for soft-tissue surgery.

Reports of problems linked to the device include a woman who died during a hysterectomy when a blood vessel was allegedly nicked by the robot and a man who allegedly suffered a perforated colon during surgery on his prostate. Other incidents include a robotic arm that would not release tissue during surgery, requiring a system shutdown, and a robotic arm that struck a patient in the face.

The FDA investigation is intended to determine whether surgical mistakes using the device have increased. Nearly 1,400 hospitals in the U.S. have at least one da Vinci system.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Distracted Driving Deaths Are Underreported http://www.seonewswire.net/2013/06/distracted-driving-deaths-are-underreported/ Wed, 19 Jun 2013 09:35:21 +0000 http://www.seonewswire.net/2013/06/distracted-driving-deaths-are-underreported/ An analysis of car crash data by the National Safety Council shows that traffic fatalities where drivers were on the phone are seriously underreported. According to the NSC, a nonprofit advocacy organization, the underreporting makes distracted driving seem like less

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An analysis of car crash data by the National Safety Council shows that traffic fatalities where drivers were on the phone are seriously underreported. According to the NSC, a nonprofit advocacy organization, the underreporting makes distracted driving seem like less of a problem than it really is, making it more difficult to pass laws that could increase traffic safety.

The safety council’s study, financed in part by Nationwide Mutual Insurance Company, analyzed data from 180 fatal crashes in the period from 2009 to 2011, where strong evidence existed that the driver was using a cell phone. The group found that in 2011, only half of the crashes were listed as involving cell phone use in the National Highway Traffic Safety Administration’s database of accidents involving the use of cell phones. This was still an improvement from previous years. In 2010 only 35 percent of the accidents were coded as involving cell phone use; in 2009, 8 percent.

Even in cases where drivers told law enforcement officers that they were using a cell phone at the time of the crash, the crashes were recorded as such in the database only half the time. In other cases, the evidence of cell phone use did not emerge until later. In one case, a teen driver’s last words to her friend during a cell phone call were that she was going to crash. The driver hit a snow bank and was propelled into a lane of oncoming traffic. She died shortly afterwards at a hospital. Police at the scene attributed the crash to an inexperienced driver, not to cell phone use, as the phone ended up in the back of the car and was not found until later.

The database maintained by the safety administration lists 32,000 traffic fatalities in 2011, but only 385 of those are listed as involving cell phone use. The safety council believes the number is much greater. According to the group, there are many factors that contribute to the underreporting, including inconsistency in the way data are collected at crash scenes and the fact that drivers may be reluctant to admit cell phone use.

Researchers rely on the safety administration’s database, but it is dependent on state data collected from police reports. According to the safety council, many people assume that because it is a federal database, the data are standardized, but in fact the data may have been gathered according to varying local standards.

Bob Briskman is a car accident lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Bill to Create Illinois State Workers Compensation Fund Advances http://www.seonewswire.net/2013/06/bill-to-create-illinois-state-workers-compensation-fund-advances/ Thu, 13 Jun 2013 11:42:11 +0000 http://www.seonewswire.net/2013/06/bill-to-create-illinois-state-workers-compensation-fund-advances/ A bill to create a state fund for workers’ compensation insurance in Illinois has passed the House Committee on State Government Administration. House Bill 2919 would create a state insurance fund that would compete with private insurers. Advocates of the

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A bill to create a state fund for workers’ compensation insurance in Illinois has passed the House Committee on State Government Administration. House Bill 2919 would create a state insurance fund that would compete with private insurers.

Advocates of the change say that the fund would provide private insurers with competition, which would bring workers’ compensation premiums down for employers. The bill is supported by Democrats in the state legislature, who say the goal is fair and affordable insurance rates for businesses. Private insurers are strongly opposed to the bill, saying that a state fund will not bring prices down and would violate free market principles. Currently more than 300 private insurance companies compete for workers’ compensation business in Illinois.

Workers’ compensation insurance premiums have already dropped 9.2 percent since reforms that began in September of 2011, but advocates of the state fund say that is not fast enough. Representatives of the insurance industry say that rates have not dropped as much as expected partly because of the increasing cost of health care.

Approximately half of U.S. states have a state fund for workers’ comp insurance, with most of these allowing the state fund to compete with private insurers. Four states have a state fund as the exclusive insurer for workers’ compensation. Researchers have found that the occasional higher losses of state funds are offset by better efforts to prevent work injuries and lower overhead expenses.

Bob Briskman is a Chicago work injury lawyer and workers compensation attorney with Briskman Briskman & Greenberg. To read more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Breast Cancer Misdiagnosis is Leading Cause of Malpractice for Radiologists http://www.seonewswire.net/2013/05/breast-cancer-misdiagnosis-is-leading-cause-of-malpractice-for-radiologists/ Thu, 23 May 2013 11:36:25 +0000 http://www.seonewswire.net/2013/05/breast-cancer-misdiagnosis-is-leading-cause-of-malpractice-for-radiologists/ According to a new study, the most common cause of medical malpractice lawsuits filed against radiologists is the misdiagnosis of breast cancer. That error accounted for the majority of cases in a study that was published in Radiology, a medical

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According to a new study, the most common cause of medical malpractice lawsuits filed against radiologists is the misdiagnosis of breast cancer. That error accounted for the majority of cases in a study that was published in Radiology, a medical journal.

The researchers studied 4,793 medical malpractice lawsuits naming 2,680 radiologists as defendants. Most of the lawsuits claimed that the radiologist did not detect visible lesions in mammograms and therefore failed to recommend further testing for breast cancer. Failure to test for breast cancer early on allows it to spread through the body untreated, making the cancer less responsive to later treatment.

Another common cause of medical malpractice lawsuits against radiologists is a failure of communication with the physician treating the patient. Often the treating physician detects lesions and refers the patient to a radiologist, but does not communicate the fact that he or she has already detected lesions; thus, the radiologist may fail to detect the lesions through mammography scans and may therefore fail to recommend follow-up tests.

The study comes at a time when breast cancer diagnoses are on the rise. The rates of metastatic breast cancer – in which the cancer spreads to other parts of the body – have risen 3.6 percent per year in the last decade for women age 25 to 39, according to the American Medical Association (AMA).

Early diagnosis of breast cancer is particularly important, because by the time lumps in the breast are detectable, the cancer has usually spread to other parts of the body, making it less likely that treatment will be effective, according to the American Cancer Society.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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School Bus Company Involved in Fatal Crash Has Been Involved in Several Personal Injury Lawsuits http://www.seonewswire.net/2013/05/school-bus-company-involved-in-fatal-crash-has-been-involved-in-several-personal-injury-lawsuits/ Tue, 14 May 2013 10:31:33 +0000 http://www.seonewswire.net/2013/05/school-bus-company-involved-in-fatal-crash-has-been-involved-in-several-personal-injury-lawsuits/ The company that owns the school bus involved in a recent fatal collision north of Chicago has been involved in a number of personal injury lawsuits. The accident has also focused attention on the dangerous intersection where the collision took

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The company that owns the school bus involved in a recent fatal collision north of Chicago has been involved in a number of personal injury lawsuits. The accident has also focused attention on the dangerous intersection where the collision took place, and on the question of whether seat belts should be required for school buses.

The accident occurred April 5 in Lake County, when a school bus collided with a Jeep Cherokee and a Jeep Wrangler at an intersection near Wadsworth. The driver of the Jeep Wrangler was killed; none of the school children had serious injuries. There is a dispute as to whether the bus ran a red light. According to reports, the bus driver is 55 years of age and has been a licensed bus driver for 10 years, with a clean driving record.

According to a report by CBS 2, Durham School Services, the company that owns the bus involved in the accident, has been named as a defendant in three personal injury lawsuits in the past two years. A settlement was reached in one case and the other two are pending. Durham School Services said that safety is the company’s top priority and the company will cooperate fully with authorities investigating the accident.

Public attention has also been brought to the intersection where the accident occurred: the corner of Kilbourne Road and Route 173 near Wadsworth in suburban Lake County. According to the Illinois Department of Transportation, between 2004 and 2011, 53 accidents took place at the intersection, with a total of 24 people injured and one killed. It is described as a “high-severity crash” intersection. Traffic lights were installed just last year with the goal of improving safety.

Meanwhile, although the school children on board the bus escaped with only minor injuries, the accident has spurred renewed calls for mandatory seat belts on school buses. State Rep. Lou Lang, a Skokie Democrat, has pushed for new school buses to be equipped with shoulder and lap belts for students. Lang has been working for such legislation for 10 years, with little success.

According to the National Highway Traffic Safety Administration (NHTSA), school buses are one of the safest transportation methods for school kids. The chance of a fatal crash for children is 60 times greater if they are driving themselves to school or riding with a friend, and riding with parents is still much more dangerous than riding a school bus. The sheer size of school buses allows the force of a crash to be dispersed, and occupants are protected by closely-spaced, heavily padded seats.

Bob Briskman is a Chicago vehicle accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Former Illinois Police Officer Charged With Workers Comp Fraud http://www.seonewswire.net/2013/05/former-illinois-police-officer-charged-with-workers-comp-fraud/ Thu, 09 May 2013 10:45:30 +0000 http://www.seonewswire.net/2013/05/former-illinois-police-officer-charged-with-workers-comp-fraud/ A former police officer for the village of Maryville has been indicted by a grand jury in Madison County, Illinois on charges related to an alleged fraudulent workers’ compensation claim. Richard Turner is facing charges relating to a claim he

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A former police officer for the village of Maryville has been indicted by a grand jury in Madison County, Illinois on charges related to an alleged fraudulent workers’ compensation claim.

Richard Turner is facing charges relating to a claim he made in 2009 while employed by the Maryville Police Department. Turner is alleged to have reported suffering an injury to his back while on the job. The Village of Maryville paid employment compensation to Turner, and its insurer paid his medical expenses.

Upon discovering questionable circumstances, internal investigators with the police department determined that Turner’s injury did not take place at work. The results of the investigation were presented to the grand jury. Turner has been charged with two counts of felony theft, Class 1 and Class 2, and is also facing two counts of violating the Workers’ Compensation Act, which is a Class 4 felony. He has since resigned from the police department.

Circuit Judge Rich Tognarelli set Turner’s bond at $10,000. He faces a maximum penalty of four to 15 years in prison for the Class 1 felony, three to seven years for the Class 2 felony, and one to three years for the Class 4 felony.

Bob Briskman is a workers compensation attorney and Chicago workers compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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