The family of 38-year-old Philip Coleman was awarded $4.95 million. Coleman died in police custody in December 2012. His parents warned officers their son was suffering from mental illness. They asked the police to hospitalize Coleman instead of jailing him after he assaulted them during “an acute mental breakdown.”

According to the lawsuit, the commanding officer’s response was “he doesn’t do hospitals, he does jails.” Police officers tased Coleman thrice in a jail cell and 13 additional times later in a hospital emergency room. He died after hospital staff injected him with a commonly used anti-psychotic medication that caused a rare allergic reaction.

The committee approved a settlement of $1.5 million for Justin Cook’s family in the second wrongful death case. Cook, 29, died after an asthma attack during his arrest in 2014. The father of three children begged police officers to give him his inhaler. According to the lawsuit, one of the arresting officers allegedly denied him the use of his inhaler by spraying it in the air.

The Independent Police Review Authority is looking into Cook’s arrest. Recently appointed Chief Administrator Sharon Fairley plans to reopen Coleman’s case to investigate how the police handled it.

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

According to a report from hospital rating organization The Leapfrog, CPOE systems have significantly reduced the number of dangerous drug errors. However, they still fall short of catching all possible mistakes and require clinicians to recheck orders to truly prevent patient harm. Leapfrog surveyed 1,750 U.S. hospitals and collaborated with Castlight Health to analyze the data. Participating hospitals were asked to use dummy patients with fake drug orders to test their digital systems.

The findings released on April 7 showed around 40 percent of potentially harmful medication errors were not caught by the systems. Mistakes included prescribing an adult dosage to a child, giving medication orders for the wrong illness, or overlooking dangerous drug interactions. In addition, computer systems failed to flag 13 percent of errors that could potentially have killed patients.

“CPOE systems have done a remarkable job in reducing the likelihood of medication errors, but mistakes are still seen with far too much frequency,” said Leapfrog President and CEO Leah Binder. “Hospitals spend millions of dollars to implement CPOE systems, but our results clearly show that many hospitals’ systems are not operating as well as they should, putting patients’ lives at risk.”

The results show that while technology is helpful, it is not foolproof. The survey highlights the need for hospitals and patients to be cautious when it comes to managing their medications. Erica Mobley, Leapfrog’s development and communications director, recommended supplementing computer checks with system-wide initiatives such as manual medication reconciliation activities.

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

According to a report from hospital rating organization The Leapfrog, CPOE systems have significantly reduced the number of dangerous drug errors. However, they still fall short of catching all possible mistakes and require clinicians to recheck orders to truly prevent patient harm. Leapfrog surveyed 1,750 U.S. hospitals and collaborated with Castlight Health to analyze the data. Participating hospitals were asked to use dummy patients with fake drug orders to test their digital systems.

The findings released on April 7 showed around 40 percent of potentially harmful medication errors were not caught by the systems. Mistakes included prescribing an adult dosage to a child, giving medication orders for the wrong illness, or overlooking dangerous drug interactions. In addition, computer systems failed to flag 13 percent of errors that could potentially have killed patients.

“CPOE systems have done a remarkable job in reducing the likelihood of medication errors, but mistakes are still seen with far too much frequency,” said Leapfrog President and CEO Leah Binder. “Hospitals spend millions of dollars to implement CPOE systems, but our results clearly show that many hospitals’ systems are not operating as well as they should, putting patients’ lives at risk.”

The results show that while technology is helpful, it is not foolproof. The survey highlights the need for hospitals and patients to be cautious when it comes to managing their medications. Erica Mobley, Leapfrog’s development and communications director, recommended supplementing computer checks with system-wide initiatives such as manual medication reconciliation activities.

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

A new study published in March indicates there is little danger to an infant’s health if a woman has a planned C-section after previously undergoing the same mode of delivery. The University of Aberdeen’s Dr. Mairead Black analyzed the second births of over 40,000 women in Scotland who had delivered via C-section. Their second births were either a vaginal delivery, or a planned or unplanned C-section. The researchers assessed their children for various health conditions including cerebral palsy, asthma, learning disabilities and obesity five years after the birth.

Babies delivered by planned C-section had a 24 percent higher chance of being hospitalized for asthma at five years of age compared to infants born vaginally. However, the statistic was not considered significant by the researchers. There was also no major difference noted for other health conditions.

“These results are reassuring for women who are considering a planned cesarean and worried about how it might affect the health of their babies,” wrote Black in the journal PLOS Medicine. The researchers suggested doctors and pregnant women should plan subsequent births by taking into account the woman’s values and preferences, along with considering which option would be the safest for both mother and baby.

Paul Greenberg is a Chicago birth injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit www.briskmanandbriskman.com.

A new study published in March indicates there is little danger to an infant’s health if a woman has a planned C-section after previously undergoing the same mode of delivery. The University of Aberdeen’s Dr. Mairead Black analyzed the second births of over 40,000 women in Scotland who had delivered via C-section. Their second births were either a vaginal delivery, or a planned or unplanned C-section. The researchers assessed their children for various health conditions including cerebral palsy, asthma, learning disabilities and obesity five years after the birth.

Babies delivered by planned C-section had a 24 percent higher chance of being hospitalized for asthma at five years of age compared to infants born vaginally. However, the statistic was not considered significant by the researchers. There was also no major difference noted for other health conditions.

“These results are reassuring for women who are considering a planned cesarean and worried about how it might affect the health of their babies,” wrote Black in the journal PLOS Medicine. The researchers suggested doctors and pregnant women should plan subsequent births by taking into account the woman’s values and preferences, along with considering which option would be the safest for both mother and baby.

Paul Greenberg is a Chicago birth injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit www.briskmanandbriskman.com.

It is alleged that a small but disastrous error on the pill bottle caused Smith’s death. This case marks the fourth trial regarding a pharmacy error that resulted in a fatality since September 2006 for Walgreens, the country’s largest drug store chain in terms of sales and profits. In the three prior trials, which occurred in Illinois, Arizona and Florida, jurors reached verdicts in excess of $61 million against Walgreens, which is based in Illinois.

Walgreens has disputed the three verdicts and has made a motion to dismiss the court complaint filed by lawyers for Smith’s family. Nevertheless, the cases could adversely affect the image for Walgreens, which describes itself as “The Pharmacy America Trusts.” According to the complaint, Walgreens neglected to create a system that was likely to serve as a preventive measure against prescription errors.

In the September 2006 case in Cook County, Illinois, the jury rendered a judgment of $31 million against Walgreens for the death of 79-year-old Leonard Kulisek. A Walgreens pharmacist gave Kulisek the wrong drug instead of his gout medication. The pharmacist gave him Glipizide, a drug used to treat diabetes, which caused his kidneys to deteriorate and compelled him to have regular dialysis, causing his health to undergo a fatal decline. The pharmacist subsequently admitted that he had been abusing prescription painkillers.

Although it has been reported that pharmacy errors do not occur very frequently, the fact that they occur at all and can result in death, is very alarming. Such errors may prompt some people to check their prescriptions after picking them up to ensure that they are receiving the correct medication.

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

It is alleged that a small but disastrous error on the pill bottle caused Smith’s death. This case marks the fourth trial regarding a pharmacy error that resulted in a fatality since September 2006 for Walgreens, the country’s largest drug store chain in terms of sales and profits. In the three prior trials, which occurred in Illinois, Arizona and Florida, jurors reached verdicts in excess of $61 million against Walgreens, which is based in Illinois.

Walgreens has disputed the three verdicts and has made a motion to dismiss the court complaint filed by lawyers for Smith’s family. Nevertheless, the cases could adversely affect the image for Walgreens, which describes itself as “The Pharmacy America Trusts.” According to the complaint, Walgreens neglected to create a system that was likely to serve as a preventive measure against prescription errors.

In the September 2006 case in Cook County, Illinois, the jury rendered a judgment of $31 million against Walgreens for the death of 79-year-old Leonard Kulisek. A Walgreens pharmacist gave Kulisek the wrong drug instead of his gout medication. The pharmacist gave him Glipizide, a drug used to treat diabetes, which caused his kidneys to deteriorate and compelled him to have regular dialysis, causing his health to undergo a fatal decline. The pharmacist subsequently admitted that he had been abusing prescription painkillers.

Although it has been reported that pharmacy errors do not occur very frequently, the fact that they occur at all and can result in death, is very alarming. Such errors may prompt some people to check their prescriptions after picking them up to ensure that they are receiving the correct medication.

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

The case involved the Bolingbook Police Department and the Illinois Workers’ Compensation Commission. One of the plaintiff’s job duties as a police officer included the safekeeping of his duty bag. The bag contained items such as his helmet, service weapon and ammunition.

The Commission claimed the responsibility for the duty bag’s safekeeping was a job-related task. The police officer’s employer required the duty bag to be kept “with his person.” At the end of his shift, he was allowed to either store the bag in his locker at the police station, or secure it at home. The employer accepted both options as there were no rules prohibiting the storing of duty bags at officers’ personal residences.

The plaintiff chose to take his duty bag home. He suffered a lower back injury while loading the bag into the trunk of his personal vehicle in preparation for reporting to the police station for work. The accident aggravated his existing back condition and led to a subsequent back surgery.

The court found the officer’s injury was compensable even though it occurred at home and before the start of his work shift. It ruled that he was carrying out an activity that benefited the employer by helping to keep the community safe from the duty bag’s contents.

Paul Greenberg is a Chicago workers’ compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit www.briskmanandbriskman.com.

The case involved the Bolingbook Police Department and the Illinois Workers’ Compensation Commission. One of the plaintiff’s job duties as a police officer included the safekeeping of his duty bag. The bag contained items such as his helmet, service weapon and ammunition.

The Commission claimed the responsibility for the duty bag’s safekeeping was a job-related task. The police officer’s employer required the duty bag to be kept “with his person.” At the end of his shift, he was allowed to either store the bag in his locker at the police station, or secure it at home. The employer accepted both options as there were no rules prohibiting the storing of duty bags at officers’ personal residences.

The plaintiff chose to take his duty bag home. He suffered a lower back injury while loading the bag into the trunk of his personal vehicle in preparation for reporting to the police station for work. The accident aggravated his existing back condition and led to a subsequent back surgery.

The court found the officer’s injury was compensable even though it occurred at home and before the start of his work shift. It ruled that he was carrying out an activity that benefited the employer by helping to keep the community safe from the duty bag’s contents.

Paul Greenberg is a Chicago workers’ compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit www.briskmanandbriskman.com.

Shawn Garrett, 25, was traveling east on Chicago’s 69th Street on Jan. 10, 2011. According to the lawsuit, a police officer driving south toward the intersection failed to stop at a red light and hit his car. The lawsuit alleged the police officer was speeding while driving to a call and did not use police lights or a siren when he collided with Garrett’s car in the fatal crash.

Garrett’s mother, Louise Bohannon, filed the lawsuit in Cook County Circuit Court on Nov. 23. She is seeking in excess of $50,000 in damages from each party. According to the claim, the officer “was driving the marked police car at an excess of the posted speed limit, and did not have his pursuit lights or sirens active.”

The officer was allegedly negligent and careless in looking out for other vehicles, slowing down or changing the direction of his SUV. Garrett died on the day of the accident. Two passengers in his car were taken to different hospitals with critical injuries.

However, the lawsuit’s allegations contradict the version of events police gave on the day of the crash. According to a Chicago Tribune report, police said two officers were driving in an SUV with its emergency signals activated. The police claimed Garrett’s vehicle ran a red light, collided with the police car and crashed into a pole.

Paul Greenberg is a Chicago wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit www.briskmanandbriskman.com.

Shawn Garrett, 25, was traveling east on Chicago’s 69th Street on Jan. 10, 2011. According to the lawsuit, a police officer driving south toward the intersection failed to stop at a red light and hit his car. The lawsuit alleged the police officer was speeding while driving to a call and did not use police lights or a siren when he collided with Garrett’s car in the fatal crash.

Garrett’s mother, Louise Bohannon, filed the lawsuit in Cook County Circuit Court on Nov. 23. She is seeking in excess of $50,000 in damages from each party. According to the claim, the officer “was driving the marked police car at an excess of the posted speed limit, and did not have his pursuit lights or sirens active.”

The officer was allegedly negligent and careless in looking out for other vehicles, slowing down or changing the direction of his SUV. Garrett died on the day of the accident. Two passengers in his car were taken to different hospitals with critical injuries.

However, the lawsuit’s allegations contradict the version of events police gave on the day of the crash. According to a Chicago Tribune report, police said two officers were driving in an SUV with its emergency signals activated. The police claimed Garrett’s vehicle ran a red light, collided with the police car and crashed into a pole.

Paul Greenberg is a Chicago wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit www.briskmanandbriskman.com.

Charles Chessor sued Dr. James McPike, Memorial Medical Group, Cardiovascular Associates of Southern Illinois and Liberty Village of Maryvale for negligence. McPike performed the pacemaker surgery on the plaintiff on Sept. 30, 2013. Liberty Village was named a defendant in the case for failure to recognize the issues Chessor was having with his pacemaker.

McPike operated on the plaintiff for a generator change to his pacemaker at Memorial Hospital in Illinois. According to the lawsuit, the procedure resulted in injuries as the doctor ignored Chessor when he complained the pacemaker was causing him pain.

The suit alleged McPike failed to select an appropriate site for the implantation and recognize that the pacemaker was herniating out of Chessor’s chest. In addition, the claim said McPike did not administer the required treatment in response to the issues.

Chessor suffered difficulties with his pacemaker, fever, pain and infections over the course of around two years. The lawsuit said he was admitted to several hospitals due to the health problems. He is seeking damages in excess of $50,000 for his medical costs, emotional and mental anguish and pain and suffering from all four defendants.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit www.briskmanandbriskman.com.

Charles Chessor sued Dr. James McPike, Memorial Medical Group, Cardiovascular Associates of Southern Illinois and Liberty Village of Maryvale for negligence. McPike performed the pacemaker surgery on the plaintiff on Sept. 30, 2013. Liberty Village was named a defendant in the case for failure to recognize the issues Chessor was having with his pacemaker.

McPike operated on the plaintiff for a generator change to his pacemaker at Memorial Hospital in Illinois. According to the lawsuit, the procedure resulted in injuries as the doctor ignored Chessor when he complained the pacemaker was causing him pain.

The suit alleged McPike failed to select an appropriate site for the implantation and recognize that the pacemaker was herniating out of Chessor’s chest. In addition, the claim said McPike did not administer the required treatment in response to the issues.

Chessor suffered difficulties with his pacemaker, fever, pain and infections over the course of around two years. The lawsuit said he was admitted to several hospitals due to the health problems. He is seeking damages in excess of $50,000 for his medical costs, emotional and mental anguish and pain and suffering from all four defendants.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit www.briskmanandbriskman.com.

According to court documents, the inhabitants of the home discovered Ms. Harvey in their yard, and tried to revive her. But she later died at an area hospital, and her death was determined to be a drowning brought about by a clinical seizure.

When Ms. Harvey’s husband, Stephen, filed a workers’ compensation claim relevant to her death, Bridgeport city officials contended that because she was not a city employee, she was ineligible to receive workers’ compensation benefits. They also argued that Ms. Harvey was a contractor who was compensated on a monthly basis, did not have taxes withheld from her paycheck, and did not receive benefits that are usually granted to city employees.

Court records indicate that employees of the city of Bridgeport have taxes deducted from their paychecks, which are paid biweekly. In addition, the city contended that unlike city employees, Ms. Harvey had the ability to control how and when she performed her work responsibilities. Initially, an arbitrator determined that Ms. Harvey did not meet the requirements for an employee of the city of Bridgeport, and was thus, ineligible for workers’ compensation benefits.

However, when Mr. Harvey filed an appeal with the Illinois Workers’ Compensation Commission, the arbitrator’s decision was reversed, and it was ruled that Ms. Harvey’s death occurred during the course of her employment. The Illinois Compensation Commission issued an order for the city to pay $2,069.25 for medical expenses, $8,000 for burial expenses, and $466.13 each week for 25 years, or $500,000. When the city filed an appeal with the Crawford County, Illinois, Circuit Court, the commission’s decision was upheld. The city’s appeal to the Illinois Court of Appeals also resulted in a unanimous decision in favor of Mr. Harvey.

The appellate court reasoned that although Ms. Harvey had some control over her work, she had to check a specific number of meters every month in order to remain employed as a meter reader. Furthermore, due to the type of work she performed, she sometimes had to travel to low-lying rural areas in which water could collect. The ruling also stated that unlike the general public, her job required her to read the meter in standing water, and that doing so in such a secluded area meant that in the event of an accident, she would not likely receive immediate help.

I believe the court ruled correctly because her job required her to put herself at risk of falling in a pool of water, and potentially suffering injury or death. If you were injured at work, or a loved one suffered an injury, resulting in death, while on the job, you should consult a workers’ compensation attorney.

Paul Greenberg is a Chicago employment and workers’ compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit www.briskmanandbriskman.com.

Under Illinois law, any claim filed against a physician, dentist, nurse or hospital is required to be filed within two years from the date the injury occurred, or from the date on which the injured individual should have been aware of the injury. However, a medical malpractice lawsuit cannot be filed more than four years following the date on which the act or omission that allegedly caused the injury or death occurred.

But in the event of a birth injury, the plaintiff has eight years within which to file a medical malpractice lawsuit. According to Illinois law, the person entitled to file the claim must have been under the age of 18 at the time the cause of action accrued. However, under no circumstances may the action be brought after the person attains the age of 22. Whenever a minor suffers an injury due to medical malpractice, the minor has a minimum of eight years within which to file a claim. Thus, a child who is injured because of complications during labor or delivery has a minimum of eight years to bring a lawsuit.

In addition to causing physical injury, birth injuries, including cerebral palsy, frequently give rise to mental disabilities. If someone under age 18 is also physically or mentally disabled, then the period of limitations does not start to run until the disability is removed. If a minor is mentally incapacitated, the minor’s claim cannot be denied by the statute of limitations unless the disability is corrected.

Paul Greenberg is a Chicago birth injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit www.briskmanandbriskman.com.

The 113 women from 28 states are seeking millions of dollars in damages for their pain and suffering, lost wages and expenses to cover the cost of raising a child. Ninety-four of the women involved in the lawsuit delivered babies following unplanned pregnancies, 17 did not have full-term pregnancies and two women did not get pregnant.

According to court documents, the birth control pills manufactured by Qualitest were allegedly packaged in the wrong order. They were “rotated 180 degrees . . . reversing the weekly tablet orientation.” The error led the women to take the placebo pills at the wrong time of the month instead of during menstruation. The lawsuit claimed the women were left “without adequate contraception” as a result.

Birth control pills are meant to prevent pregnancies through stopping the release of an egg by tricking the body into believing it has already done so. Qualitest, a subsidiary of Endo Pharmaceuticals, announced a national recall of 1.4 million packages of birth control pills for a packaging error in 2011. An Endo Pharmaceuticals spokesperson said the company emphasizes that “patient safety is our top priority.” However, it has not issued any recent or new product recalls.

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

The plaintiffs, Alizabeth and Elvin Hana, received an award of $1.35 million in compensatory damages because their daughter was born with a brain injury, the cause of which was oxygen deprivation. She died three years later.

For the last 10 years, ISMIE has been embroiled in 25 cases concerning bad faith. The Hanas filed a lawsuit naming their obstetricians, emergency room physicians and Rush North Shore Hospital as defendants. They reached a settlement in the amount of $1.5 million with the hospital and ER doctors.

In 2009, the jury rendered an award of $6.17 million against the obstetricians, Albert and Joyce Chams. However, the judgment was limited by their malpractice policy with ISMIE, which was capped at $3 million for the death, and $2 million for the mother’s claim of injury.

According to the plaintiffs’ attorney, the plaintiffs had the option of pursuing the personal assets of the obstetricians, but instead, chose to file the bad-faith claim against ISMIE. The lawsuit alleges that in an attempt to safeguard its legal and financial interests, ISMIE deceived the Chamses regarding the amount of insurance coverage that was available to cover the wrongful death claim, and hid from them a settlement offer from the parents that would have diminished the Chamses’ financial risk. The plaintiffs’ attorney stated that ISMIE had a duty to the physicians to negotiate in good faith on their account.

If you or someone close to you was injured due to the medical malpractice of a doctor or other health care professional, you should consult a medical malpractice attorney.

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

The lawsuit states that Culbreath lived at the facility from July 12, 2012, until her demise on Jan. 21, 2015, with sporadic hospital stays. The suit alleges that she fell and sustained closed head wounds on Oct. 8, 2013, and suffered a seizure disorder due to her injuries. The lawsuit also accuses the nursing home staff of carelessness with regard to Culbreath’s fall, which resulted in severe and permanent injuries, disfigurement, disability and pain and suffering. Williams seeks damages in excess of $50,000.

Wrongful death lawsuits are frequently filed in cases arising out of abuse or neglect by nursing home staff and other situations involving elder care. Such abuse committed by nursing home workers can be willful or a result of negligence.

Those who are permitted to file wrongful death lawsuits are referred to as “real parties in interest,” and can include spouses, children of the deceased and parents of an unmarried child. Depending on the state in which you live, they can also include those who were previously economically dependent on the deceased, such as “putative spouses,” or people who thought that they were legally married to the deceased, and life partners. In addition, more distant members of the family, such as siblings or grandparents, may be allowed to file a wrongful death lawsuit. Some states even allow anyone who has suffered a financial loss to bring a wrongful death claim.

If you know someone who has suffered an avoidable death due to the willful misconduct or negligence of a person or entity, you should consult a wrongful death attorney.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The complaint alleges that on April 8, 2015, Ligekis was operating a Benjamin Moore truck on Interstate Highway 55 in Plainfield when he struck 47-year-old Eric Sharpe, who was driving a Chrysler Sebring sedan. According to the lawsuit, Ligekis was driving too fast, and neglected to keep his vehicle at a sufficient distance from Sharpe’s vehicle.

Don Sharpe is seeking damages in excess of $50,000 as compensation for the surviving family members, as well as court costs.

In this case, the truck driver’s employer was likely vicariously liable for the negligent behavior of its truck driver while he was carrying out his duties, or acting within the scope of his employment. This is called vicarious liability, which arises under the doctrine of respondeat superior.

However, if the truck driver was not performing his work responsibilities at the time at which he was driving, but was driving for personal reasons, then he was engaged in a “detour” or “frolic,” in which case the employer will not be held liable. In order for the employer to be held liable for the employee’s actions, the employee must be in the process of performing an act that was authorized by the employer.

If you know someone who was killed in a motor vehicle accident due to the negligence or willful misconduct of another person, you should consult a wrongful death attorney.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The lawsuit was filed against the medical center and two of its doctors in Cook County Circuit Court on Oct. 27. According to the complaint, the doctors allegedly used excessive traction when delivering the couple’s baby on Feb. 18, 2011.

The child was born with brachial plexus palsy in which her right arm was paralyzed due to the spinal nerves in her shoulder and neck being damaged. The couple is seeking damages in excess of $50,000 in addition to legal expenses.

There are a number of factors that can cause such birth injuries during the delivery process. Brachial plexus palsy can occur due to the baby’s shoulders being pulled with excessive force during a head-first delivery, or the head and neck being stretched while the newborn passes through the birth canal.

In many cases, brachial plexus injuries are the result of the doctor or hospital staff’s negligence. Most injuries can be avoided by monitoring the mother’s prenatal status for possible risk factors and providing her with proper medical attention both before and during the delivery.

Paul Greenberg is a Chicago birth injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit www.briskmanandbriskman.com.

Walgreens, which is headquartered in the Chicago suburb of Deerfield, IL, owns and manages 620 Walgreens pharmacies in California. The California State Board of Pharmacy informed the three district attorneys’ offices of the health risks posed to consumers as a result of pharmacists’ failure to give the requisite consultations. Officials stated that incorrect use of prescription medications causes harm to approximately 150,000 individuals in California every year, and adds to $1.7 billion in financial losses for the state.

The state Board of Pharmacy had implemented rules mandating that a pharmacist is to give a patient a personal consultation if that patient has been prescribed a medication that was not given to him or her on a prior occasion. A personal consultation must also be provided if the drug was prescribed in a different dosage, form or strength, or at the request of the patient.

The three district attorneys’ offices worked in conjunction with the Board of Pharmacy to carry out an undercover investigation of the consultation practices of some large pharmacy chains in California. In the judgment issued against Walgreens, the pharmacy chain must comply with an injunction that requires it to follow California regulations for providing patient consultations, and must start an internal compliance program.

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

In 2014, there were fewer fatalities from car accidents in Illinois than in nearly a century. The total of 910 traffic deaths was the lowest recorded since 1921. However, preliminary data from the Illinois Department of Transportation (IDOT) indicate that fatalities are likely to increase in 2015. As of Nov. 5, the department reported 835 traffic deaths, an increase from 791 as of the same date in 2014.

The change from year to year in the death toll from car accidents is affected by many factors. Although snow and ice on roads makes driving more dangerous, traffic accidents are actually often reduced during a harsh winter, because fewer people are on the roads. This may have accounted for the record low number of fatalities for 2014. Another factor, the recent decrease in the price of gasoline, has led to more people driving, a possible factor in the projected increase in fatalities in 2015.

Even if 2015 ends with a greater number of roadway deaths than last year, the long-term trend of reduced traffic accidents is expected to continue. Illinois has seen fewer than 1,000 traffic deaths each year since 2009, while just ten years ago, the number of fatalities topped 1,300, and in 1995 there were over 1,500 traffic deaths. Experts say that trend is attributable to safer vehicles being made, and highway deaths will likely stay low and even drop further as safety innovations continue.

State safety officials said that changes such as rumble strips on roads, barrier systems and more guardrails had also made a positive impact. In addition, the 2013 ban on using handheld electronic devices while driving has likely resulted in fewer accidents, officials said.

In 2013, the most recent year for which complete information is available, there were 285,477 total car accidents in Illinois, an increase from 274,111 in 2012, according to IDOT. Nearly half of the accidents took place in Cook County, including 250 fatalities. That’s about the same number of fatalities as the year before, but 5,869 more crashes. In Illinois overall, about one-third of the 895 fatal crashes in 2013 involved alcohol, and excessive speed was a contributing factor in one third of the fatal crashes as well.

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

Joseph Kehrer and two companies affiliated with him, D7 Roofing and Kehrer Brothers, violated numerous health and safety standards, according to an investigation by the Occupational Safety and Health Administration (OSHA), part of the U.S. Department of Labor.

Joseph Kehrer and Kehrer Brothers face fines of $1,792,000 for willful exposure of workers to asbestos after inspectors found that Kehrer and company supervisors ordered employees to remove materials that contained asbestos during the renovation of a school.

Many of the workers were foreign workers hired temporarily by Kehrer under the H-2B visa program. According to OSHA investigators, Kehrer knowingly exposed non-English-speaking workers to asbestos and threatened to fire them if they spoke to investigators.

Kehrer and Kehrer Brothers were cited for 16 egregious violations, nine willful violations and six serious violations. The investigation found that in addition to knowingly exposing workers to asbestos, the companies and Kehrer failed to provide proper equipment and training for asbestos removal. OSHA found that the companies also failed to create a required decontamination area and failed to use appropriate methods to minimize asbestos exposure. Kehrer Brothers was also placed in OSHA’s Severe Violator Enforcement Program. The companies were given 15 days to contest the findings.

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

The lawsuit was filed by Olessor Anthony against the hospital and medical personnel over the death of Dorothy Foster after a blood transfusion.

According to the lawsuit, Foster was given a transfusion of type A blood cells, though she has type B blood. The lawsuit alleges that hospital personnel failed in their duty to exercise due care in several ways: failing to label blood samples accurately, failing to provide safeguards against clerical errors, failing to provide communication between the nursing staff and the blood bank that could have prevented errors, failing to adhere to proper procedure and failing to proofread the patient’s information. According to the lawsuit, these errors caused Foster to be given the wrong type of blood. Foster died the same day she received the transfusion. The lawsuit claims that her two adult children have suffered pecuniary loss.

The defendants are charged with medical professional negligence. The suit is brought as a survival action, alleging that the patient was conscious and experienced pain and suffering prior to death. The lawsuit claims damages of more than the minimum jurisdictional amount, plus attorneys’ fees and costs.

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

Raymond Simpson filed the lawsuit July 28 in Cook County Circuit Court, claiming negligence in the operation, which took place in November 2014.

According to the lawsuit, on Nov. 24, 2014, Simpson had an emergency laparoscopic appendectomy, but the doctor did not remove the entire organ, leaving a portion of the appendix measuring about three centimeters. The lawsuit claims that there was a later infection and the site ruptured on March 30, 2015, forcing the patient to undergo a second and more serious surgery.

The lawsuit alleges that professional negligence on the part of the doctor caused Simpson to suffer medical expenses, loss of a normal life, disfigurement and pain and suffering, which would have been avoided had the defendants not breached their duty to exercise due care in the first operation.

The plaintiff seeks damages of over $50,000, and attorneys’ fees and costs. The case is Cook County Circuit Court case number 2015L007824.

According to a study published in the Journal of Patient Safety, between 210,000 and 440,000 patients die each year in part because of preventable medical errors, which makes medical malpractice the third leading cause of death in the United States, behind heart disease and cancer.

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

The lawsuit was filed July 30 in Cook County Circuit Court by Myree Tate, as special administrator of the estate of Lakeisha Tate, against Harrison and Homan Citgo Inc. According to the lawsuit, many serious violent crimes had been committed on the business’ premises, and the business knew or should have known that its customers were at risk.

According to the lawsuit, Lakeisha Tate was shot several times and died. The lawsuit claims that the defendant gas station failed to warn Tate of the danger, failed to have adequate security measures in place, and failed to intervene when Tate was in danger of imminent bodily harm.

The lawsuit alleges that Tate’s injuries and death caused her estate to incur hospital expenses, other medical expenses and funeral costs. The lawsuit also claims that Tate’s next of kin suffered loss of companionship and pecuniary losses.

The lawsuit seeks damages of more than $50,000, plus attorneys’ fees and costs. The case is Cook County Circuit Court case number 2015L007758.

According to law enforcement, there were more than 2,500 shootings in Chicago in 2014, and at least
390 murders.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The lawsuit was brought against Northeast Illinois Regional Commuter Railroad Corp., otherwise known as Metra, by Melanie Boyer, as the special administrator of the estate of Gardenia Boyer. The lawsuit was filed in Cook County Circuit Court July 28.

According to the lawsuit, on March 7, 2012, Boyer was walking on 95th Street in Chicago and attempted to cross railroad tracks east of Vincennes Avenue, when she was struck by a Metra train, resulting in her almost instantaneous death. Boyer is survived by two children.

According to the lawsuit, Metra and the engineer of the train were in breach of their duty to exercise due care in operating locomotive No. 409. The lawsuit alleges that the defendant failed to keep an adequate lookout, failed to sound its horn to provide warning of its approach and failed to maintain a proper speed.

The lawsuit demands damages in excess of $50,000, plus attorneys’ fees and costs. The case is Cook County Circuit Court case number 2015L007634.

According to a study by Northwestern University, a pedestrian is killed by a train every 10 days, on average, in the metropolitan Chicago area. Between 2004 and 2010, 260 pedestrians were killed by Metra trains.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

According to the lawsuit, the baby was born in March 2010 to a mother who had previously given birth via cesarean section. Although the mother and doctor agreed to a trial labor to see whether vaginal delivery was possible, the lawsuit claims that the labor was not monitored with due care.

The lawsuit claims that after 12 hours of labor, the baby was born and was found to be suffering from hypoxic ischemic encephalopathy, caused by a lack of oxygen to the brain during labor. According to the lawsuit, medical personnel failed to detect the condition, and this caused the infant to suffer a permanent brain injury.

The lawsuit claims that negligence on the part of hospital personnel included failure to perform a cesarean after signs of fetal distress, failure to properly monitor the prenatal heart rate of the baby, failure to properly resuscitate the baby and failure to respond to the seizures the infant suffered immediately after birth.

The complaint alleges that the baby has been diagnosed with microcephaly, cerebral palsy, seizures, fine motor and speech delays, developmental articulation disorder and developmental delays. According to the lawsuit, the child’s brain damage will reduce her cognitive abilities for the rest of her life.

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

According to the lawsuit, the mother, a gestational diabetic woman pregnant with her third child, was admitted to the hospital approximately three weeks before her due date, with ruptured membranes.

According to medical records, the unborn child was significantly larger than average, which may increase the risk of complications during vaginal delivery and may put the child at risk of injury or other health problems.

During delivery, medical personnel performed shoulder dystocia resolution maneuvers and applied a vacuum extractor. According to medical records, the child suffered cardiac arrest during the labor and delivery process. Ultimately, the child suffered acute kidney failure, respiratory failure, subgaleal hemorrhage resulting in permanent brain damage, Horner’s Syndrome and brachial plexus palsy.

Brachial plexus injuries occur when there is stretching, ripping or compressing of the nerves that send signals from the spine to the shoulder, arm and hand. This type of birth injury may occur during a difficult delivery process.

The lawsuit claims that negligence on the part of medical personnel contributed to the injuries suffered by the child.

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

The lawsuit was filed in St. Clair County Circuit Court by Edward McDonald, administrator of the estate of Evelyn McDonald, against Caseyville Nursing and Rehabilitation Center Inc., Caseyville Property and SW Financial Services Co.

According to the lawsuit, Evelyn McDonald died in July 2013. Caseyville Nursing and Rehab Center was the nursing home that last handled her care, as she was a resident there from March 2013 to June 2013, the lawsuit states.

The lawsuit claims that during Evelyn McDonald’s stay at the nursing home, the staff were negligent in their care, and the center violated the Illinois Nursing Home Care Act in multiple ways. According to the lawsuit, Evelyn McDonald suffered from sepsis with organ failure, malnutrition, dehydration, weight loss and multiple open wounds. The lawsuit alleges that these and other conditions caused and contributed to her death. In order to prove the case, the plaintiff must show that negligence occurred and that it was a cause of Evelyn McDonald’s injuries.

The lawsuit seeks $50,000 or more for each of 12 counts of medical malpractice or negligence, plus costs. The case number is 15-L-142 in St. Clair County Circuit Court.

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

The lawsuit was filed against a number of corporations that are part of Bayer Corporation and Johnson & Johnson, the marketers and manufacturers of Xarelto, a blood thinner, on behalf of the family of a man who died in 2013 after a bleeding event allegedly caused by Xarelto.

Xarelto was approved by the FDA for sale in the U.S. in 2011. It is the second in a new class of anticoagulants to be approved, after Pradaxa, which was approved in 2010. The new drugs are marketed as an improvement over warfarin or Coumadin, which is often used in stroke prevention, but may disrupt vitamin K levels and requires frequent blood testing.

In late 2014, litigants sought to establish a multidistrict litigation (MDL) for Xarelto cases. Most plaintiffs requested that the MDL be established under Judge Herndon in East St. Louis, Illinois, but the Judicial Panel on Multidistrict Litigation chose U.S. District Court Judge Eldon Fallon in New Orleans to oversee the MDL.

The Xarelto litigation focuses on the alleged insufficiency of warning labels, including the alleged failure to warn prescribing physicians and patients that some patients are at higher risk for a bleeding event.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

In the case, Lenhart v. Illinois Workers’ Compensation Commission, the claimant worked for USF Holland as a truck driver and dockworker. He injured his back in a workplace accident, and filed for workers’ compensation benefits.

At an arbitration hearing, the claimant argued that he was permanently and totally disabled. The employer stipulated that the claimant was not able to perform his previous duties, but argued that he was not totally and permanently disabled. The claimant engaged in vocational rehabilitation, and there was evidence that he was still employable, but at a diminished earning capacity.

The arbitrator found the claimant permanently and totally disabled, but after the employer appealed, the Commission found that he was not totally disabled, but entitled to permanent partial disability benefits representing a 75 percent loss of abilities.

The Appellate Court overturned the Commission’s decision and ruled that the Commission should have decided whether the claimant’s benefits should be calculated based on a wage differential rather than a percentage of the person as a whole.

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

The case, Pryor v. Illinois Workers’ Compensation Commission, concerned a worker who was injured while moving a suitcase into his personal car while still at his home in preparation for a work trip. The appellate court found that while there is a lower threshold of reasonableness concerning the actions of a traveling employee, in this case, the worker was not a traveling employee until he reached the premises of his employer.

The claimant in the case was employed by a transport company as a truck driver, delivering new automobiles to car dealerships. His work responsibilities included loading cars onto a semitrailer at a terminal in Belvidere, Illinois, driving the truck to various dealerships and unloading the vehicles. The worker would usually drive his personal car to the terminal, and would bring a suitcase when he anticipated an overnight stay while on the road to the dealerships.

The claimant injured his back while loading the suitcase into his personal vehicle. The appellate court found that the truck driver’s injury did not “arise out of” or occur “in the course of” his employment, and he was therefore not eligible for workers’ compensation benefits.

Each case is different, and injured workers should never assume that they do not have a case. Instead, contact an experienced workers’ compensation attorney for a free consultation.

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

Kyna Mitchell and her daughter filed the lawsuit in Madison County Circuit Court, against Alton Memorial Hospital, Southern Illinois Health Care Foundation Inc. and a doctor involved with the vacuum-assisted delivery.

Mitchell was admitted to the hospital on Feb. 20, 2007, for labor induction because of pre-eclampsia at term. According to the lawsuit, the doctor attempted vacuum-assisted delivery multiple times and failed. The lawsuit alleges that after the release of the vacuum cup and completion of delivery, the shoulder where the vacuum cup was attached was weak and “suggestive of Erb’s palsy.”

According to the lawsuit, the vacuum procedure caused a brachial plexus injury and permanent nerve root damage. Brachial plexus injuries are one of the more common types of birth injuries, and can often be caused by medical malpractice during the labor and delivery process. In order to prove the case, the plaintiff must show that negligence occurred and that it caused the injury.

The lawsuit seeks damages of $150,000 or more, plus costs. The case number is 15-L-233 in Madison County Circuit Court.

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

Robert Hudson, a Chicago resident, filed the lawsuit against Symphony of Crestwood, alleging that the nursing home was responsible for his wife, Catherine Hudson, developing pressure sores, a knee fracture and an infection caused by improper insertion of a gastronomy tube, which eventually led to her death.

Catherine Hudson was diagnosed with multiple sclerosis and was admitted to Symphony in 2011, as she needed assistance with activities of daily life. The lawsuit alleges that Hudson developed multiple injuries as a result of the failure of the facility’s staff to follow her care plan.

According to the lawsuit, Hudson developed several infected pressure sores in 2013 and fractured her left knee in 2014, after which she had a feeding tube inserted. On Aug. 19, 2014, the feeding tube became dislodged, and staff reinserted it without using x-ray imaging to confirm proper placement, the lawsuit claims. According to the complaint, Hudson was fed through the improperly inserted tube, causing a widespread infection due to liquid food leaking into her body.

Symphony was cited by the Illinois Department of Public Health for failure to confirm correct placement of the feeding tube.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The lawsuit, filed against the makers of Xarelto, alleges that the medication, which is designed to prevent strokes, instead prevented the plaintiff’s blood from properly congealing. The plaintiff, Sonja Lemoins, filed the 90-count complaint in Madison County, Illinois, against Janssen Pharmaceuticals, Inc., Bayer Corporation and several related companies.

Lemoins alleges that while the defendants marketed the drug as an effective and safe treatment to reduce the risk of systemic embolism and stroke, they had learned from clinical trials that the medication could cause an increase in excess bleeding, including bleeding that required transfusions, and gastrointestinal bleeding.

According to the lawsuit, in 2012, there were 2,081 reports filed of adverse events involving the drug, with 151 resulting in death.

Lemoins alleges that the defendants’ negligence caused her severe injuries, and she seeks a judgment of more than $4.35 million.

An MDL proceeding was established by the Judicial Panel on Multidistrict Litigation for Xarelto complaints in the Eastern District of Louisiana, assigned to federal judge Eldon E. Fallon. On March 5, Lemoins’ lawsuit was removed to the MDL court, along with four other lawsuits from other jurisdictions.

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

According to the lawsuit, on June 2, 2010, the plaintiff was admitted to the labor and delivery unit of a hospital at Fort Knox, Kentucky, where her husband, a United States Army Captain, was stationed. As the healthcare professionals were agents of the federal government, the United States of America is named as a defendant in the lawsuit.

The plaintiff’s daughter was born after 13 1/2 hours of delivery. Immediately following the birth, the baby developed interventricular hemorrhage and intracerebral hemorrhage, the lawsuit claims. According to the complaint, negligence on the part of medical personnel caused the girl to suffer post-birth seizure-like activities and a neurologic injury, caused by a lack of oxygen.

The lawsuit claims that the hospital staff failed to properly monitor the mother prenatally and during labor, failed to perform a cesarean section when the baby was in distress, failed to properly monitor the fetal heart rate and failed to detect that the baby was suffering from respiratory failure and was hypoxic.

Hypoxemia or hypoxia occurs when the body lacks oxygen. This dangerous condition can cause severe birth injuries, including injuries to the liver, brain and other organs.

The lawsuit seeks damages for past and future loss of income, past and future medical expenses and permanent impairment of earning capacity.

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

In the case of Estate of Burns v. Consolidation Coal Company, the deceased worker had worked as a coal miner for 38 years. His death was attributed to pneumoconiosis, pneumonia and severe chronic pulmonary disease. His widow filed state and federal claims related to his death, but she passed away before the claims were resolved. An arbitrator eventually found that the total benefits payable to the estate under the Workers’ Occupational Diseases Act were $97,845.45. During the pendency of that state claim, the employer conceded liability in a federal claim and paid $23,386.30 under the federal Black Lung Benefits Act.

After the state occupational disease benefits claim was upheld on appeal, the employer paid $89,865.30 to the wife’s estate, subtracting amounts paid under the federal claim, and adding interest. In its ruling, the Illinois Appellate Court held that the employer was not entitled to offset the amount of the federal claim against the workers’ compensation benefits.

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

In personal injury lawsuits, the “Discovery Rule” allows injured people to file a lawsuit beyond the usual two year statute of limitations if they did not learn of the wrongful cause until a later date.

However, in the case at issue, the specific statute relating to physicians applied rather than the general statute of limitations because the lawsuit alleged medical malpractice.

Several Illinois courts have found the discovery rule to apply to wrongful death lawsuits as well, and the Moon case conflicts with previous holdings. According to legal observers, in order for the discrepancy to be resolved, the Illinois Supreme Court may have to author an opinion that applies to all wrongful death lawsuits, regardless of whether the action is brought against a doctor.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

According to the lawsuit, medical personnel failed to properly manage the delivery, and did not properly take into account the risk factor that the mother suffered from gestational diabetes. The lawsuit seeks $2.5 million in damages.

The lawsuit alleges that the plaintiff was admitted to the healthcare clinic in 2013 for labor induction. In order to induce contractions and expedite the labor, Pitocin was administered and gradually increased. The certified nurse midwife performed an examination, but did not take fetal weight into consideration, the lawsuit claims.

Medical records reflect a manually assisted vaginal delivery, and show that the baby experienced shoulder dystocia. According to the lawsuit, the baby weighed almost nine pounds at birth and had limited arm movement and facial bruising.

According to the lawsuit, an examination later showed that the baby had suffered an injury to the brachial plexus nerves, which affect the movement of the shoulders, arms and hands.

The lawsuit claims that the baby may suffer permanent disability, and has been referred for occupational and physical therapy, and possible reconstructive surgery.

The lawsuit seeks damages for physical impairment, pain and suffering, loss of earning capacity and mental anguish.

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

A study of 50 pharmacies nationwide found a 1.7 percent error rate. With 4 billion prescriptions filled each year in the United States, that means there could be more than 60 million medication mistakes made annually in retail pharmacies.

In Illinois, accurate statistics on medication mistakes are lacking because the state does not require pharmacies to report them. Fifteen other states do require such reporting. In addition, under national law, as long as pharmacies create an internal review system, they may keep errors confidential. In Illinois, thanks to a court case won by Walgreens, pharmacies can ignore state subpoenas for reports on medication mistakes.

People who suffer injuries due to medication errors may be entitled to compensation through a pharmaceutical negligence lawsuit. Illinois parents Robin and Eda Ahmed filed a lawsuit against Walgreens recently, after their five-year-old son was allegedly given an antipsychotic instead of allergy medication. The antipsychotic was intended for an adult with the same first and last name as the boy, the lawsuit claims.

According to the Ahmeds’ attorney, the pharmacist should have noted that the dosage was ten times the amount that a child should receive. After the child received two doses of the medication, the parents said he could not breathe or talk. The boy’s mother said that doctors told her one more pill would have killed her son.

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

In 2011, a series of changes were made to Illinois’ workers’ compensation program. In mid-June, the Illinois Workers’ Compensation Commission released a report that showed that since the changes were made, there has been a 19 percent decrease in benefit payments to injured workers, the largest such decrease in the country. The report also revealed that from 2010 to 2012, the average medical payment per workers’ compensation case decreased 16 percent, moving Illinois from the state with the highest such cost to near the median.

Illinois state Rep. Jay Hoffman said that the report shows that the 2011 changes had the desired effect, and further changes are unnecessary. Gov. Rauner is seeking stricter standards that injured workers must follow to prove their injury happened in the workplace. He also seeks changes to the rules for workers traveling to their place of employment, and lower reimbursement rates for medical providers. Democrats, who control both houses of the state legislature, have resisted the changes, saying that they would hurt middle-class workers.

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

The wrongful death lawsuit, filed by Molly Young’s father, was dismissed by Judge W. Charles Grace of the Jackson County Circuit Court. The lawsuit had been filed against Richie Minton, a police dispatcher in whose apartment the woman was found dead.

Young was found dead on March 24, 2012, from a gunshot wound, and the lawsuit was filed June 30, 2014, after the statute of limitations had passed. Mr. Young’s attorney argued that crucial evidence had been kept from him in what amounted to fraudulent concealment. The evidence allegedly included Minton wiping the gun clean of any fingerprints, Minton waiting for hours before calling 911, police allowing Minton to shower and clean his clothes at the scene, and Minton indicating in the 911 call that Young had overdosed, while placing a bottle of pills nearby.

Judge Grace did not comment on the merit of the allegations, but said that there was still time to file the wrongful death lawsuit, as there were 14 months remaining under the statute after the inquest was completed. Mr. Young’s attorney had argued that the inquest was a key factor in discovering information about the death.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The lawsuit was filed by the family of Antonia Torres Cerda, 48, who died in November, and was allegedly infected by deadly bacteria following a liver transplant. The lawsuit accuses the maker of the medical scopes of wrongful death, negligence and fraud and demands an unspecified amount of punitive and exemplary damages.

Cerda was given a procedure for endoscopic retrograde cholangiopancreatography (ERCP) prior to the liver transplant, and she underwent a second procedure afterwards. The procedures were carried out with a duodenoscope made by Japan’s Olympus Medical System Corp. and sold and marketed by Olympus Medical System Corp. and Olympus Corp. of the Americas.

According to the Food and Drug Administration, each year approximately 500,000 people undergo procedures with duodenoscopes, which are flexible tubes inserted down the throat and reaching into the small intestines. However, the scopes in question are suspected of playing a role in an outbreak of deadly bacteria that has affected several patients at UCLA Medical Center. Two patient deaths and five other infections are believed to be linked to the scopes, and the hospital informed 179 people that they may have been exposed to the infection, which cannot be treated with antibiotics.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

According to the lawsuit, an outpatient hysterectomy and oophorectomy was performed on Tammy Sparks on October 11, 2012, at Protestant Memorial Medical Center in Belleville, Illinois. The complaint states that the doctor perforated the patient’s bladder and vesciovaginal fistula.

The lawsuit claims that as a result of the perforation, Sparks had to undergo multiple additional surgeries and suffered diminishing health as well as physical, mental and emotional anguish. The lawsuit further claims that Sparks experienced pain and discomfort, incurred medical costs, suffered depression and anxiety, lost her normal life and endured financial hardship.

The lawsuit alleges that the doctor was negligent in failing to treat the patient’s symptoms, contact appropriate specialists, complete examinations and workups, monitor the patient and have her properly tested.

The motion to dismiss claims that Sparks failed to attach a report by a reviewing health care professional to her complaint. Sparks filed the lawsuit pro se.

The lawsuit seeks damages in excess of $150,000, plus costs and other relief.

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

State Senator Dale Righter (R-Mattoon) introduced a bill that would require “primary causation,” meaning that a claim would be paid only if a worker’s injury was caused primarily by an on-the-job accident.

Righter said that the more stringent causation standard was necessary in order to create jobs and attract investment. He said that too many businesses were choosing to relocate in neighboring states, in part because of Illinois’ higher premiums for workers’ compensation insurance.

Critics of Righter’s bill point out that it would result in denial of benefits for workers who have preexisting conditions that are aggravated by workplace injuries. This could result in discrimination against older workers, who are more likely to have preexisting conditions.

Righter estimated that requiring primary causation would reduce insurance premiums in the state by $1 billion per year. However, similar estimates were made regarding the 2011 changes to Illinois workers’ compensation law, and employers saw very little reduction in premiums.

Senate Bill 846 would also prevent the payment of temporary partial disability benefits and temporary total disability benefits to workers who are discharged by their employers for cause.

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

According to the lawsuit, the mother presented to the hospital on January 23, 2013 with a rupture of the amniotic sac, severe vaginal bleeding and poor fetal heart monitor readings. The lawsuit states that such a presentation at 27 weeks gestation was consistent with a placental abruption.

The lawsuit claims that despite signs of an obstetrical emergency requiring immediate intervention, the doctor did not take emergency action, failed to contact neonatology specialists and did not call for an immediate delivery by cesarean section. The suit states that the baby was delivered after a three-and-a-half hour delay and showed signs of prolonged hypoxia. The baby died soon after.

According to the lawsuit, the doctor failed to follow the proper standard of care by failing to recognized the severity of the situation and take emergency action. The complaint states that delays in the assessment and cesarean delivery of the baby resulted in a birth injury that the child stood little chance of recovering from.

The lawsuit seeks more than $1 million in damages.

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

The lawsuit alleged that negligence on the part of a hospital and obstetrician during labor and delivery led to a boy being disabled for life.

Jurors cleared the Ob/Gyn of liability, but found the hospital negligent and liable. Although jurors ordered the defendant to pay $18.27 million, the mother agreed to accept a slightly lower settlement amount in exchange for the hospital not appealing the verdict.

The lawsuit claimed that the mother presented at the hospital in 2007 for the delivery of her son, with no known injuries or conditions and no indication of a high-risk pregnancy. The doctor ordered that labor be induced with the commonly used medication Pitocin, and the obstetrician left standing orders for Pitocin to be administered.

According to the lawsuit, the mother experienced a certain contraction pattern for six hours, causing the baby’s brain to be deprived of oxygen. The lawsuit also claimed that the epidural was not turned off despite a doctor’s orders to do so, and that this resulted in the baby becoming lodged in the birth canal.

As a result of the birth injury, the child developed spastic quadriplegia, a form of cerebral palsy, and will require lifelong care, the suit claimed.

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

The order was issued by the U.S. Court of Appeals for the 7th Circuit after the Occupational Safety and Health Administration (OSHA) issued penalties in 2013 for exposing workers to excavation hazards at a Des Plaines worksite. The owner of the company was held for 23 days in federal jail in December 2014 after violating a court enforcement order. The owner was released on a $10,000 recognizance bond. The court order vacates the bond, but permits OSHA to enforce a collection action to recover $110,440 in penalties.

Nick Walters, OSHA regional administrator in Chicago, said that the agency will pursue all avenues to uphold the law against employers who violate safety standards.

The 2013 penalties stemmed from an OSHA inspection in October 2012. The agency said that the owner of the company was uncooperative and refused to acknowledge that any violations had occurred. Excavation and trenching operations can expose workers to hazards such as asphyxiation, cave-ins, drowning, fire, being struck by machines or equipment or coming into contact with underground utility lines.

Paul Greenberg is a Chicago work accidents lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The six-count complaint was filed October 29, 2014 by Kristina and Joseph Brand against St. Joseph’s Hospital, Southern Obstetrics & Gynecologic Associates and a doctor. According to the lawsuit, Kristina was a patient at the hospital and had a cesarean section performed in 2012, but was not given appropriate anesthesia. The lawsuit claims that the hospital did not inform the plaintiffs that the care provided by a certified registered nurse anesthetist was that of an alleged independent contractor. According to the suit, the plaintiffs relied on the hospital for care, rather than an independent contractor. The suit further claims that the hospital negligently failed to provide proper anesthesia, causing Kristina to experience extreme pain and suffering, mental anguish, permanent damage and disfigurement.

In addition, the complaint alleges that Joseph Brand has been deprived of companionship, love, support, consortium and services from his wife, to which he was entitled.

On December 16, 2014 the plaintiffs moved to transfer the case from St. Clair County to Clinton County. Judge Vincent Lopinot granted the request the same day.

The lawsuit seeks damages in excess of $75,000.

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

According to court records, the case has been reassigned to Judge Chuck Grace, after the plaintiff’s attorney filed a motion. The lawsuit was filed by Larry Young, the father of Molly Young, who died in the home of her former boyfriend, Richie Minton. According to Young’s attorney, the request for reassignment was made because of the possibility that Judge Solverson could be called as a witness.

According to court records, Judge Solverson was the judge who signed a search warrant for Richie Minton’s apartment at the request of Illinois State Police on March 24, 2012, the day Molly Young died. Records indicate that the warrant was secured about seven hours after Minton called 911 to report Young’s death; the family has questioned why the police waited to search the apartment.

Minton’s attorney filed a motion to dismiss the case, and a hearing was set for March 24 at the Jackson County Courthouse. No criminal charges have been filed against Minton. The State’s Attorney’s Appellate Prosecutor issued a report in November 2014 that stopped short of ruling Young’s death a suicide but also said there was not conclusive evidence to issue an indictment against Minton.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The “Bike Sense” technology currently being researched by Jaguar Land Rover is one example of auto safety technology designed to protect bicyclists. The British automaker’s Advanced Research Centre is conducting research into what types of warning systems would be most effective in alerting drivers to the presence of bicyclists that they might not otherwise notice. The company is seeking to provoke an instinctive reaction from drivers by, for instance, playing the sound of a bicycle bell from the speaker on the side of the car where a bicyclist is approaching. The company is also exploring door handles that buzz when a bicyclist is approaching, to prevent doors from being opened into bike lanes.

Public safety advocates dismiss the policy question of having drivers pay for systems to ensure non-drivers’ safety, pointing out that pedestrians and bicyclists are not solely responsible for their own safety. Of course, non-drivers should exercise responsibility, advocates say, but society must also protect the most vulnerable. And safety advocates say that if major states require such features in vehicles, practically speaking, the auto industry will have to comply.

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

Renato Velasquez was found guilty of one felony count of operating a commercial truck while fatigued. He was also found guilty of two felony counts of failing to follow hours-of-service requirements, and misdemeanors including failure to yield to an emergency vehicle and failure to reduce speed to avoid an accident.

DuPage County Judge Robert Kleeman said that a felony charge of falsifying records was dismissed because prosecutors were not able to show that the forgeries took place in Illinois. The convictions were handed down February 26 after a two-day bench trial.

Kleeman said that the truck driver must have been fatigued after spending 20 hours driving in a 26-hour period. Kleeman also said that the fact that Velasquez claimed not to have seen the dozens of ground flares, tow truck flashing lights and police emergency lights that had been implemented during an attempt to tow away a disabled semi, showed that he must have been fatigued. The accident occurred when the semi-trailer Velasquez was driving struck tollway worker Vince Petrella’s truck and Illinois State Trooper Doug Balder Balder’s squad car, causing both vehicles to catch fire.

Kimberli Balder, wife of Balder, who suffered serious injuries in the accident, said her family believes the charges were not severe enough because Petrella was killed in the crash. Mrs. Balder said that when the trucker is released from jail, her husband will still be recovering from his injuries. A pre-sentencing hearing was scheduled for March 23, and Velasquez faced a maximum jail sentence of three years.

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

Over the past decade, workers’ compensation benefits have deteriorated across the country as states initiate cost-cutting measures. A comprehensive new investigation by ProPublica and NPR reveals that these workers’ comp “reforms” have had a brutal effect: injured workers denied the help they need and taxpayers forced to bear the cost of workplace accidents.

The ProPublica report, titled The Demolition of Workers’ Comp, states that cutbacks in many states have been so drastic, they “virtually guarantee” that injured workers will descend into poverty. According to the nonprofit news organization, workers’ comp reform has been pushed by insurance companies and big corporations based on the “false premise” that costs are too high — when in fact employers are currently paying the lowest premiums for workers’ compensation insurance since the 1970s.

Meanwhile, 2013 (the most recently studied year) was the most profitable year for insurers in more than 10 years.

The changes are different in each state, but ProPublica documents that since 2003, the legislatures of 33 states have passed laws either reducing worker’s comp benefits or making it more difficult for injured workers to qualify for them. According to the report, workers in 37 states are not able to choose their own doctor or must choose from a list of doctors pre-approved by their employers. In 22 states, there are now arbitrary time limits on temporary wage benefits for injured workers, even if they have not recovered yet.

In California, insurers may now reopen old cases and take away workers’ benefits based on the opinions of doctors. Those doctors are not required to have ever examined the patient, and they do not have to be licensed in the state.

In Illinois, as in other states, workers’ compensation reforms were passed with the promise that they would reduce costs for employers, making the state more attractive to businesses. In 2011, Illinois:

• reduced payments to hospitals and doctors on medical fee schedules by 30 percent
• limited the ability of some workers to choose their own doctors
• raised the burden of proof for workers who have suffered an injury to qualify for workers’ comp
• created a presumption that a second opinion or medical review sought by an insurer or employer is correct if it is based on certain treatment guidelines
• created a cap for wage-loss benefits if workers take a lower-paying job five years after the injury or at age 67, whichever is later
• limited benefits for carpal tunnel syndrome
• required disability awards to be determined by new guidelines from the American Medical Association, which results in lower ratings used for compensation.

As Illinois Gov. Bruce Rauner has proposed further “reforms” to the workers’ compensation system, we should be wary of allowing our state to participate in a “race to the bottom,” sacrificing workers’ rights for business profits.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The parents of a child who suffered a disability filed the birth injury suit in 2007. The lawsuit alleged that the girl, who was born in October 2005, suffered a permanent disability to her left arm due to the doctor’s negligence. According to the lawsuit, the doctor let the labor go on too long and failed to perform a cesarean section when the birth was complicated by shoulder dystocia.

Shoulder dystocia is a condition where the baby’s shoulders become lodged in the birth canal.

According to the lawsuit, the doctor continued to use a vacuum extractor and forceps after the failure of an initial attempt, when such use was contraindicated. The doctor also moved forward with a vaginal delivery despite an abnormal first and second states of labor and despite the presence of multiple other risk factors, the suit claimed.

The lawsuit claimed that the child will suffer from physical pain and mental suffering for the rest of her life and needed compensation. According to the plaintiff’s attorney, the doctor did not respond to the lawsuit, and a default judgment was entered against him. The plaintiff’s attorney would not comment on whether a settlement was reached in the case.

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

This argument — that restricting the rights of workers will help businesses by reducing the premiums they pay for workers’ compensation insurance — has been contradicted by two recent studies by the Occupational Safety and Health Administration (OSHA) and NPR/Pro Publica. Those studies showed that any cost savings from recent reforms have mostly benefited insurance companies.

This was the demonstrable case in Illinois, where a workers’ compensation reform package was passed into law in 2011. The Oregon Department of Consumer and Business Services studied the results and found that while there was a steep drop in workers’ compensation rates — a 24 percent decrease between 2012 and 2014 — there was no corresponding drop in insurance premiums paid by employers. Instead, the insurance companies kept the difference, estimated to be between $625 million and $1 billion.

Attacking employees’ right to compensation hurts workers, and it does not help employers. Workers’ rights must be protected from further so-called “reforms,” and employers who are fed up with the high cost of insurance should support state regulation of insurance premiums.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Roshad McIntosh was killed in August 2014. At a news conference, his mother, Cynthia Lane, said that police have not revealed the names of the officers who fired the shots that killed him, nor whether they have been disciplined or are still on duty. The lawsuit alleges that McIntosh was killed without provocation, and it further claims that authorities have since tried to cover up the incident.

According to the lawsuit, which names as defendants two “John Doe” police officers as well as the city of Chicago, McIntosh was unarmed when police officers chased him with weapons drawn. The lawsuit claims that officers chased McIntosh into a backyard, where he surrendered, but the officers shot and killed him without response.

Police claim that McIntosh had a 9mm handgun that he pointed at officers, leaving the officers no choice but to fire their weapons. McIntosh was pronounced dead at Mount Sinai Hospital.

The lawsuit also claims civil rights violations, alleging that policies of the Chicago Police Department have led to racially-motivated shootings of black men and a “code of silence” when it comes to investigating and disciplining officers.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Marciela Ruiz has filed the suit on behalf of her three late family members, Elizabeth Peralta-Luna and her children (a girl, age 9, and a boy, 4). Ruiz is accusing Monson and Sons Inc., a trucking company, and Zachary Barngrover, the driver of the truck with neglience. The lawsuit was filed in Cook County.

The accident took place March 6, 2015. According to the complaint, the woman and her children were walking to a bus stop in the Back of the Yards neighborhood when they were hit by a semitrailer driven by Barngrover. The plaintiff’s attorneys say that the three had just left a mobile technology store, where Peralta-Luna purchased a cellphone for her daughter. Also according to the plaintiff’s attorneys, the lawsuit was filed (somewhat unusually) quickly in order to gain access to evidence and enable subpoenas to be issued. The lawsuit seeks damages in excess of $50,000.

According to authorities, Bargrover hit the victims while making a left turn onto Ashland Avenue from 43rd Street. Upon arrest, he was cited for making an improper left turn and failing to exercise caution with a pedestrian in the roadway. He was released with a promise to appear in court. A police investigation is ongoing.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The study, conducted by the University of Iowa and funded by the AAA Foundation for Traffic Safety, found that distractions such as texting, talking with passengers and grooming played a role in almost 60 percent of moderate-to-severe teen car crashes. Previously, the National Highway Traffic Safety Administration had estimated that 14 percent of teen crashes involved distraction.

The foundation analyzed in-car videos from the six seconds prior to 1,691 crashes where a teenage driver was behind the wheel. The crashes happened between August 2007 and July 2013 and took place mostly in the Midwest, the researchers said.

Researchers said the in-car videos provided data that was previously unavailable.

It is possible that distracted driving among teens is even more prevalent than indicated by the study, because all of the teens knew they were being filmed. Some may have limited their distracting activities because of that fact. Researchers said that the study provides indisputable evidence that distraction is a major factor in teen crashes. However, they did caution that the study represents only one set of data, and that more research is needed.

According to Illinois Secretary of State Jesse White, Illinois’ graduated licensing laws for teens are among the strongest in the nation, and they are already more restrictive than what is recommended by AAA.

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

The jury awarded $28,215,278.00 to Anna Rahm for pain and suffering, for future loss of earnings and for future medical expenses after a four-week trial. The jury found Kaiser Permanente liable for improper medical treatment that resulted in Rahm losing parts of her spine, half of her pelvis and her right leg.

According to the lawsuit, in 2008, at the age of 16, Rahm began experiencing pain in her lower back, which later radiated to her right leg. She pursued chiropractic treatment, which was unsuccessful, and then sought an MRI at Kaiser Permanente. Rahm claimed that, accompanied by her mother, she saw a primary care physician and a physical medicine specialist at Kaiser Permanente and requested an MRI.

She alleged in the lawsuit that the doctors refused to order an MRI and refused to document the request. The doctors claimed at trial that no MRI was ever requested.

An MRI was eventually performed on July 2, 2009, and it revealed an osteosarcoma (an aggressive tumor) in Rahm’s pelvis. She required surgery that resulted in the loss of her leg and of portions of her pelvis and spine. Rahm’s lawsuit argued that the hospital’s refusal to perform an MRI resulted in a four-month delay in diagnosing the tumor, which in turn caused the loss of her leg.

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

The internet search giant launched Google Compare on March 5 in California only. The company’s plans call for pilots in Illinois, Pennsylvania, California and Texas within the first quarter of the year, and the overall program has been cleared to operate in a total of 26 states at the time of this release.

The pilot program will be a test for Google to see if the service can continue to expand. However, Google Compare has operated in the United Kingdom since 2012, so the program itself is hardly new.

Google will offer insurance policies from major carriers and earn a commission on sales. Google Compare has already obtained authorization to offer policies from MetLife, Dairyland, Mercury, Workmen’s, and Viking Insurance of Wisconsin, with more to follow.

According to industry analysts, car insurers may have reason to be wary of Google’s entry into the market. On one hand, the service will provide another platform for sales. On the other, the company will be adding insurance information to its already massive amounts of data on consumers, which could give Google an advantage in terms of underwriting. Analysts also said that Google’s existing search data could be used to build risk profiles for individual consumers.

In addition, insurance companies may be concerned that Google’s new website will insert itself between consumers and insurers, disconnecting traditional insurance companies from their customers.

For consumers, the new site may be a boon from every angle, allowing them to compare and shop much more quickly. One popular insurance advertising slogan promises to save consumers money in just 15 minutes. Another claims to cut that in half. But Google aims to do the same in a matter of seconds.

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

The report, “2013 Illinois Crash Facts and Statistics,” detailed an important series of facts:

• There were 285,477 Illinois traffic collisions in 2013.
• In Chicago, there were 79,384 car crashes.
• Of all these crashes, 21.4 percent involved an injury.
• Less than 1 percent involved a fatality.
• During 2013, there were 991 fatalities in 895 fatal crashes.
• Of the people who died, 152 were motorcyclists, 125 were pedestrians and 30 were bicyclists.
• The report states that excessive speed was involved in 35 percent of the fatal crashes.
• Deer were involved in 5.4 percent of all crashes.

Although 2013 had the highest number of fatalities since 2008, the year did maintain a trend of traffic deaths below 1,000 per year in the state. This trend stands in stark contrast to the 1990s through the mid-2000s, when annual traffic fatalities ranged from 1,300 to more than 1,500.

According to the report, more crashes happen on weekdays. Each weekday in 2013 saw more than 40,000 accidents, while Saturday and Sunday saw 38,796 crashes and 33,403 crashes, respectively. Friday had the most accidents, with 47,527.

The greatest number of accidents took place during the afternoon and evening. The time period from 4 p.m. to 7:59 p.m. saw 77,088 accidents. There were 71,547 accidents in the time period from 12 p.m. to 3:59 p.m.

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

It is a basic principle of our legal system that negligent parties should not be able to evade responsibility for the damages they cause. Yet the lack of a legal requirement for medical malpractice insurance means that individual doctors and even some hospitals can choose to “go bare,” or purposely choose to forgo carrying insurance. These practitioners may form a corporation and then file for bankruptcy – or threaten to file – if they are sued, leaving injured patients with no recourse.

The vast majority of medical professionals in Illinois do carry insurance. Most hospitals and many managed care plans require it. However, the lack of a state legal requirement means that some patients will not be able to obtain compensation if a medial error causes them injury.

The state of Illinois does not keep records of how many doctors are uninsured. In Florida, another state that does not require such insurance, about 5 percent of doctors choose to go bare. However, Florida requires doctors without insurance to obtain an irrevocable line of credit to cover malpractice claims and to post a notice in their offices informing patients that they do not have insurance. Illinois has no such requirements. Doctors and hospitals may claim that they are self-insured, meaning that they have sufficient resources to cover malpractice claims, but when a lawsuit is filed, they may still threaten bankruptcy.

Doctors cite the high cost of medical malpractice premiums as the reason they forgo insurance. Premiums are indeed high, and at least part of the blame lies with the insurance companies. Insurers often claim that they are forced to raise premiums because of high payouts in medical malpractice lawsuits, but in fact, they have raised rates out of proportion to payouts – and even increased premiums when paid claims are declining.

If insurance companies are fleecing doctors, state regulation of insurers can resolve the conflict. However, this injustice, however real, should not be used as an excuse to allow medical professionals to evade their responsibilities. Illinois should join other states in requiring all doctors and hospitals practicing in the state to carry medical malpractice insurance.

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

Allegedly, during labor, the mother was told to start pushing when the baby’s head was not positioned at the cervix, causing distress. According to the lawsuit, after the baby’s heart rate dropped, the doctor performed an emergency cesarean section. The lawsuit further states that the baby was born having inhaled meconium and unable to breathe, and that the doctor and nursing staff failed to clear his airway before attempting to use an oxygen mask to resuscitate the child. A doctor also removed the baby’s edotrachial tube for 45 minutes, according to the argument. 

The baby was stabilized and transported to a neonatal intensive care unit at another hospital.

According to the lawsuit, the oxygen deprivation caused the child to suffer from cerebral palsy, a neurological disorder that hinders coordination and body movement.

The parents are seeking $40 million in economic and noneconomic damages through the lawsuit. The defendants have denied wrongdoing. The trial is expected to last 14 days.

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

The suit claims that medical malpractice occurred during labor and delivery, causing the child to suffer a permanent disability. The boy has been diagnosed with severe shoulder dystocia and a brachial plexus injury.

Prior to the delivery, an ultrasound indicated that the weight of the fetus was in the 53rd percentile. On June 17, 2012, the mother began experiencing labor contractions and went to the hospital. According to the lawsuit, two doctors who had been monitoring the mother recommended a cesarean section.  However, the doctor who delivered the baby performed a vacuum delivery. The lawsuit alleges that the doctor failed to perform his own pelvic and abdominal examination and relied instead on information given by other medical providers.

The lawsuit alleges that the doctor’s medical errors caused the baby’s injury. Despite surgery, the child is not expected to be able to use his left arm in the future. The lawsuit seeks compensation for past and future pain and suffering and for past and future medical expenses.

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

Justin Jokerst, 31, was working at a construction site in Edwardsville, Illinois on a Grove HL150T crane when he was crushed by the crane’s boom, according to authorities. The accident took place on Lakeview Corporate Drive at about 11 a.m.

Authorities pronounced Jokerst dead at the scene. An Occupational Safety and Health Administration (OSHA) investigation is underway. The building under construction is a 500,000-square-foot commercial warehouse addition off New Poag Road.

According to the Bureau of Labor Statistics, 4,405 workers were killed on the job in 2013. This is the lowest total since the bureau’s fatal injury statistics began being kept in 1992, but at more than 12 deaths every day, it is still far too many.

Twenty percent of worker fatalities in 2013 happened in the construction field. The lead cause of construction fatalities was falls, which accounted for 36.9 percent of the total deaths in construction. The other three most common causes of construction deaths were being struck by an object, which accounted for 10.3 percent of the total; electrocutions (8.9 percent); and being caught in or between objects (2.6 percent).

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Penny Lucas claims that she suffered an injury when she fell at work on December 27, 2012. She went to the hospital and was given a post-accident drug test, which came back negative, according to her lawsuit. However, the suit states that Atrium required Lucas to submit to another drug test on January 15. When the results of that drug test were allegedly found to be positive, Lucas demanded a retest, but was refused. She then paid for another drug test at a different hospital, for which the results were negative, the suit states.

The lawsuit further states that Atrium fired Lucas despite being notified of the discrepancy, and in violation of her rights under the Illinois Workers’ Compensation Act.

On January 14, 2015, Penny Lucas filed her lawsuit in St. Clair County Circuit Court against Cahokia’s Atrium Healthcare and Rehabilitation Center.

Lucas alleges that the job loss resulted in loss income and benefits, mental distress and emotional anguish. She is seeking compensatory and punitive damages, plus interest, attorney’s fees, costs and other relief in excess of $75,000.

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

The Illinois Jury Verdict Reporter stated that it was a record verdict for Winnebago County for a leg amputation. The trial took place at the Winnebago County Courthouse and lasted two weeks. The jury returned a verdict after less than five hours of deliberation. 

Donald Johnson had a history of peripheral vascular disease. He was complaining of weakness and dizziness on August 10, 2010 when he was admitted to Rockford Memorial Hospital. Johnson was treated by a doctor who applied a special gauze bandage called an Unna Boot to Johnson’s leg, which remained on for a period of five days. The lawsuit claimed that the boot should not have been used — tests had revealed that Johnson had only 41 percent blood flow to the leg, making the restrictive wrap dangerous.

After the boot was removed, Johnson’s leg showed necrotic issue. A below-the-knee amputation was required immediately, and an above-the-knee amputation became needed later.

The lawsuit claimed that the doctor, a general surgeon, failed to consult with a vascular surgeon and failed to employ surgical options to restore blood flow to the patient’s leg.

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

Rhonda McCullough, the late comedian’s wife, filed the lawsuit in Cook County Circuit Court against dermatologist Rene Earles, claiming that the doctor failed to respond appropriately to her husband’s signs of respiratory distress a few weeks before his death. The comedian died of complications from pneumonia in 2008.

The wrongful death lawsuit claimed that Earles should have called an ambulance to take Mac to the hospital instead of keeping Mac at his clinic for several hours.

McCullough’s attorneys said that they asked the judge to dismiss the case in such a way that it could be refiled within one year. According to the attorneys, the case will not be dropped, but will be refiled in order to address certain “internal issues.”

Earles and his attorney said that the suit was dismissed because there is “no legitimate case” against the doctor. Earles treated Mac for sarcoidosis for more than a decade. According to Earles’ attorney, on the day in question, Earles noticed that Mac was ill and recommended that he rest before treatment, and he later had Mac’s driver transport him to the hospital.

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

Venus Anderson has filed the suit in federal court against the city of Highland Park and two police officers, claiming that they used excessive force in firing nine shots in under two seconds, killing her son.

Anderson was involved in a car crash during the evening hours of November 3, and he was taken to NorthShore Highland Park Hospital. A few hours later, a 911 call was made from the hospital. The caller reported that Anderson had a gun. 

Police said that upon their arrival, Anderson drew the gun and refused to put it down, despite several warnings.

An investigation by the Lake County state’s attorney’s office determined that the police officers involved in the incident followed correct protocol. However, Venus Anderson claims in the lawsuit that unreasonable force was used, and that the aggressive barrage of gunfire, certain to kill, was uncalled for. Neither the city of Highland Park nor the police department would comment on the lawsuit, stating that they had yet to see the complaint. However, an attorney for the city stated that based on the “known facts,” there is no basis for the city to be liable.

The lawsuit seeks compensatory and punitive damages.

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

The family of Northern Illinois University freshman David Bogenberger filed the suit against the fraternity Pi Kappa Alpha and several of its members. Bogenberger died in November 2012 at the age of 19, after drinking alcohol in excess at a fraternity party.

The lawsuit alleged that fraternity members made heavy drinking a condition of membership. The lawsuit also claimed that when Bogenberger lost consciousness, fraternity members put him in a bed instead of getting help. Bogenberger was found dead the next day. According to authorities, Bogenberger had a blood alcohol content of 0.351.

In dismissing the lawsuit, Judge Kathy Flanagan said that the plaintiffs had not shown that intoxication was a requirement for membership in the fraternity, which might have violated Illinois’ anti-hazing law. Flanagan said that according to Illinois law, social hosts cannot be held liable for their guests’ alcohol consumption.

The incident is also the basis of 22 criminal hazing cases, which are still ongoing after the state’s anti-hazing law survived a constitutional challenge. Authorities have charged the men who planned the party with felonies and have charged 17 other men with misdemeanor hazing. Authorities have said that fraternity members and other guests ordered the pledges to drink vodka in excess.

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

The parents of Maverick Ramseyer, now age six, filed the suit against Silverton Hospital in Oregon. The boy’s movements and coordination are hindered by the neurological disorder. He needs physical therapy and will probably need to wear a leg brace for the rest of his life.

Elizabeth Ramseyer’s pregnancy was healthy. However, when labor began, the baby’s head was not positioned at the cervix. According to the lawsuit, his heart rate dropped to 60 beats per minute for a period of about six minutes. The doctor then decided to deliver the baby via emergency cesarean section. The baby was apparently unable to breathe when he was born, and doctors attempted to resuscitate him using an oxygen bag and face mask before clearing his airway, which had become blocked, the lawsuit alleges.

Maverick’s parents and attorney say that he will need medical care for the rest of his life, and that he currently has one to three appointments each week with physical, speech and occupational therapists. The Ramseyers said that they max out their insurance plan each year and incur $500 per month in medical debt.

The lawsuit seeks damages for medical expenses, loss of earning capacity and other damages.

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

Now, a federal appellate court has allowed a medical malpractice and wrongful death case to proceed against a cruise line.

The case involves an elderly passenger who suffered a fall while a Royal Caribbean Cruise Lines ship was docked in Bermuda. The man, Pasquale Vaglio, returned to the ship and sought treatment in the ship’s hospital. The man fell into a coma and died a week later, allegedly as a result of negligent care. The patient’s daughter filed a wrongful death lawsuit against the cruise line in federal court in Miami, alleging that health care providers on the ship failed to properly diagnose the patient’s cranial trauma.

The trial judge dismissed the suit, applying immunity under maritime law. However, the appellate court, in a 63-page decision, found that the cruise line could be held vicariously liable for the medical malpractice of on-board doctors and nurses, even under maritime law.

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

The lawsuit accuses Bushmaster of negligence and wrongful death for manufacturing and distributing the weapon. Nine of the families are parents and spouses of people who died in the shooting, and the tenth is a teacher who survived after being shot multiple times.

The lawsuit claims that because the rifle is a military-style assault weapon, Bushmaster should not have entrusted it to the general public. According to the lawsuit, the rifle is unsuited for civilian use because individuals who are mentally unfit to operate the weapon can gain access to it.

According to the lawsuit, Bushmaster knew or should have known that the rifle posed a high risk for involvement in multiple deaths and serious injuries.

The lawsuit notes that Bushmaster is the largest supplier of combat rifles to the public. Bushmaster’s parent company is Remington Outdoor Company.

Previously, at least 12 families of victims opened estates in their children’s names while providing notice that they intended to file wrongful death claims.

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

Nighttime driving can be dangerous simply because it is more difficult for drivers to see other cars, pedestrians and road obstacles. Headlights make night driving possible, but the glare from other drivers’ headlights is a problem of its own. Adaptive LED lighting is being developed to address these problems.

BMW’s Dynamic Light Spot system uses LEDs in place of fog lights. The system illuminates what it senses are a person’s feet, following a pedestrian crossing in front of the vehicle, and it can illuminate objects in the vehicle’s path before normal headlights would reach them. However, the system is outlawed in the United States. The LEDs bring the total lumens above the limit set by the 1968 Federal Motor Vehicle Safety Standards.

Audi’s Matrix LED system uses camera sensors to determine where light is needed on the road. It can prevent glare by sensing other vehicles and then directing headlight beams away from the other driver’s windshield. But not in the U.S., where old safety standards dictate that cars must have high and low beams, and nothing in between.

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

The study, published in the Journal of Healthcare Risk Management, analyzed 607 medical malpractice claims involving anesthesia that were reported to The Doctors Company, a medical malpractice insurance company with reported assets of $4.3 billion and 75,000 members.

According to the study, damage to teeth was the most frequent anesthesia-related injury reported, accounting for 20.8 percent of the claims. According to the study, 18.3 percent of the claims involved the death of the patient, 13.5 percent involved nerve damage, 12.7 percent involved damage to organs, 10.9 percent of claims were over pain and 10.7 percent involved cardiopulmonary arrest. Obesity of the patient was the most frequent contributing factor leading to a claim.

Smaller hospitals had fewer claims, but greater rates of mortality and nerve damage, the study found. The lowest death-to-claim rate was found in ambulatory surgery centers. The average indemnity payment for anesthesia medical malpractice claims was $309,066, higher than the average of $291,000 for all physician specialties.

According to the study, in 80 percent of claims, the complication that led to the claim had been explained to patients before the procedure. However, researchers said that patients may not have had enough understanding to associate those risks with the injuries they suffered.

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

McKenzie Philpot, a sixth grader at Pierce School of International Studies, left behind messages on social media that revealed the extent of the bullying she endured. According to her parents, bullies chased McKenzie, pushed her face up against a fence and hit her with a frozen water bottle. 

According to the family’s attorney, McKenzie’s mother discovered that the girl had hanged herself.

McKenzie’s parents informed school administrators repeatedly about the incidents, the family’s lawyer said. However, the parents claim that the school district failed to follow protocols set by the Chicago Board of Education.

Shortly after the girl’s death, the school district conducted its own investigation and said that no credible evidence of bullying was found.

According to parents of students at Pierce School of International Studies, the school has instituted a new anti-bullying program.

Teen suicide is a significant problem. In 2009, among people aged 10 years and older, suicide was the tenth leading cause of death. Suicide accounted for 36,891 deaths, according to the Centers for Disease Control and Prevention.

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

New safety features address the problems caused when fallible humans are left in charge. Technology such as car-to-car wireless communication, advance crash detection and automatic braking could prevent car accidents when drivers fail to take action quickly enough to stop a crash from happening. 

In the near term, these features will assist human drivers, who will still bear the primary responsibility for operating their vehicles. In a later stage of development, cars may drive themselves, allowing passengers to focus on other things while in the vehicle. Cars may even be able to park themselves, dropping passengers off at their destination before going to search for a parking spot.

Autonomous and semi-autonomous cars may indeed prevent accidents and save lives, but they also raise unique safety issues of their own.

One problem is obvious: computers can fail, and they can be hacked. Giving up control of a vehicle to a computer means that a computer malfunction or a malicious hacking attack could cause a crash. While thousands of lives may be saved by autonomous vehicle technology, it seems likely that at least some injury and loss of life will be directly attributable to the new features as well. 

The situation may be analogous to the early development of air bags. Designed for adults, the explosive impact of air bags ended up causing the deaths of about 175 children and smaller adults in the 1990s, before improvements were introduced. During the same period, air bags saved about 6,400 lives, according to the National Highway Traffic Safety Administration.

Another problem may arise with the mix of autonomous vehicles and human-operated cars that can be expected on the road as the technology is introduced. Research has indicated that human drivers may unconsciously mimic the actions of the vehicles around them. Driverless cars may be able to drive very close together at high speeds with the ability to stop quickly, and human drivers may be tempted to follow suit, driving closer to other vehicles than is safe, given their slower reaction times.

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

Seven years ago, Illinois put a more restrictive program of graduated driver’s licenses in place for teenagers. Teen driving deaths have dropped five percent since then. According to the office of the Illinois Secretary of State, the restrictions have improved driving safety.

The graduated driver’s license program has three phases.

In the initial permit phase, upon reaching the age of 15, a person may obtain a restricted driving permit, with a parent’s permission. The permit is valid for two years, and it must be held for a period of at least nine months before moving to the next phase. During the permit phase, a teenager must practice driving while supervised by an adult age 21 or older with a valid driver’s license. Each teen is required to complete a minimum of 50 hours, including 10 nighttime hours. A teenager with a driver’s permit must also complete a driver education course before moving on to the next phase.

In the initial licensing phase, available for drivers age 16-17, a teenager may drive unsupervised, but he or she is subject to nighttime curfews. In addition, for the first year or until the driver turns 18, the driver is limited to only one passenger under the age of 20, not including family members. Moving violations during this period may extend the period of time before a driver may move on to the full licensing phase.

In the full licensing phase, there are no age-related restrictions on driving. But drivers age 18-20 who did not take a high school driver education course must complete a six-hour course before they may obtain a driver’s license.

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

U.S. District Judge Rebecca Pallmeyer said the lawsuit by Koschman’s mother against City Hall, Chicago police and prosecutors was “extraordinary,” but that civil rights violations have a two-year statute of limitations, which had run out.

The lawsuit stems from an altercation that took place in April 2004 between Koschman and Richard Vanecko, a nephew of Richard Daley, the former mayor of Chicago. Koschman fell and hit his head on the street after Vanecko punched him. He died in the hospital 11 days later.

The lawsuit alleged that someone closely connected to the Daley family alerted police that the mayor’s nephew was involved in order to prevent Vanecko from being charged with a crime or sued. The lawsuit, which relied in large part on the findings of a special prosecutor, alleged that police altered official files and fabricated evidence in an attempt to make it appear that Koschman was the aggressor in the confrontation.

However, Nanci Koschman waited until March to file the lawsuit after Vanecko pled guilty to involuntary manslaughter for Koschman’s death. The judge ruled that the statute of limitations began to run in December 2011, when Ms. Koschman asked for a special prosecutor to investigate.

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

A recent Illinois Supreme Court case tested the meaning of the phrase “without fee.” In Home Star Bank and Financial Services v. Emergency Care and Health Organization, Ltd., the Court unanimously held that an emergency room doctor was not entitled to immunity under the Illinois Good Samaritan Act when he responded to a “Code Blue” emergency in a different part of the hospital.

The case involved a physician working in the emergency room who responded to a Code Blue emergency in the intensive care unit. The doctor attempted to intubate the patient, and the patient suffered severe brain injuries. Plaintiffs sued the doctor and his employer for medical malpractice, and the doctor moved for summary judgment, arguing that he was entitled to immunity under the Good Samaritan statute because the patient was not billed for the doctor’s services. Plaintiffs argued that the issue of billing was irrelevant and that the doctor was not volunteering, but doing his job.

The trial court granted summary judgment, but the Appellate Court reversed, and the Supreme Court unanimously affirmed the Appellate Court’s decision.

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

The First District Appellate Court, in an unpublished order decision by Justice Robert E. Gordon, found that signs must be posted at the park and that any ordinances restricting the age of users of playground equipment must be published in order for the park district to claim immunity.

The case, Artenia Bowman v. Chicago Park District, involved a 13-year-old girl who fractured her ankle on a slide with a hole in it, which the park district claimed was intended for children under 12. In July 2011, the child’s mother filed a complaint in Cook County Circuit Court seeking recovery of medical expenses. Bowman alleged that the park district had received several complaints about the broken slide and had failed to fix it.

The park district raised an affirmative defense, arguing that the girl was in violation of an ordinance restricting the use of playgrounds for younger children to those between ages 5 and 12. Whether or not there was a sign indicating the age restriction on the day the girl was injured remained in question, but the trial court granted summary judgment to the park district in June 2013.

On appeal, Judge Gordon wrote that there was no evidence that the park district took measures to enforce the age restrictions, and that there was no way for a child to know that such a restriction existed.

Paul Greenberg of Briskman Briskman & Greenberg represented Bowman. Greenberg noted that while the ordinance in question refers to park equipment intended for use by younger children, it does not specify which equipment or locations are age-restricted. Greenberg said that the ruling is important because the park district will now have to publicize the ordinance and/or post signs if it wants to restrict playground users to certain age groups.

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

Experts in patient safety say that misdiagnosis, which can include delayed, missed or incorrect diagnoses, may affect between 10 and 20 percent of all cases.

Medical errors that harm patients and are the result of negligence on the part of doctors or hospital personnel may give rise to medical malpractice lawsuits. However, in the vast majority of misdiagnosis cases, lawsuits are not filed. In many cases, patients are not aware that an error was made because the misdiagnosis is never reported.

A report by Daniel R. Levinson, the inspector general of the Department of Health and Human Services, found that only one in seven mistakes or injuries involving Medicare patients are actually reported by hospital staff, even though reporting events that cause patients harm is a requirement of receiving Medicare payments.

Patients who suspect a misdiagnosis caused or worsened an injury should consult with a medical malpractice attorney to determine whether a lawsuit is appropriate to recover compensation for the harm they suffered.

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

Head trauma suffered during delivery can cause several different types of birth injuries, including cephalohematoma, caput succedaneum and epidural hemorrhage.

Cerebral palsy, a disability of the central nervous system, can result if the baby’s brain lacks oxygen during the labor and delivery process.

Perinatal asphyxia can also appear when a baby is deprived of oxygen. That deprivation can be caused by interference with blood flow to the baby’s brain or a drop in maternal blood pressure.

Erb’s Palsy is a paralysis of the arm resulting from an injury to a group of nerves in the arm. This condition can occur if the baby’s head and neck are pulled excessively during delivery.

Brachial plexus injuries can be caused by shoulder trauma, inflammation or tumors, and they may occur if the baby’s shoulder is stretched during birth.

A leading cause of severe illness and even death in newborns is meconium aspiration syndrome. If a fetus is stressed during delivery and inhales a mixture of meconium and amniotic fluid into its lungs, severe injury can result.

Each of these birth injuries may be caused by the mistakes of doctors and other medical personnel. An unnecessary injury may constitute medical malpractice. If your child suffered a birth injury due to a medical error, you may be entitled to compensation. Contact Briskman Briskman & Greenberg to learn more about your legal rights.

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

The worker was operating a train exiting a tunnel when he observed two young men running across the tracks. The operator was not able to stop the train, and he heard a thumping noise that caused him to believe that the train had run over and killed one of the men. However, upon exiting the train, the operator observed the two men running away.

The train operator sought psychological counseling for sleep disturbance, anxiety, flashbacks, fatigue and headaches. He also sought workers’ compensation benefits for a psychiatric disability.

The arbitrator in the case denied the worker benefits, finding that he was not exposed to a severe and sudden emotional shock. The arbitrator’s decision was confirmed by the commission.

The commission held that the operator had testified credibly as to the events. However, because the injured man was able to stand up under his own power, jump a fence and run away, the operator did not face the emotional shock of witnessing the aftermath of what he believed had happened.

In addition, the commission agreed with the arbitrator’s finding that the alleged mental disorder did not arise from a situation beyond the usual emotional tension and strain that workers must experience, particularly those who operate motorized vehicles.

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

The inspection found safety violations in the training provided for stopping equipment before clearing jams. Inspectors found that workers were exposed to amputation and laceration hazards due to the potential for unintentional operation of the conveyor while jams were being cleared.

The citations included four repeat violations, including failure to ensure that each device had a tagout or lockout device affixed by authorized employees and failure to conduct inspections of energy control procedures. Other violations included failure to ensure the uniform height of stairway risers and inadequate fall protection for workers clearing jams on a conveyor.

Three violations were cited as “serious,” meaning that there is a substantial probability that serious physical harm or death could occur as the result of a hazard of which the employer was aware or should have been aware.

The Champaign facility employs 294 workers. About 434,000 people work for the Postal Service nationwide.

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

The deal has already been rejected by a federal judge, who felt it did not allocate enough money for such a large group of plaintiffs. Under the terms of the proposed settlement, $5 million would be allocated for each former player with a diagnosis of a brain condition caused by repeated blows to the head during NFL practice and play. However, attorneys for Seau’s family said that only a minimal payment of a few thousand dollars would be available for family members of retired or deceased players.

Seau died in 2012 from a self-inflicted gunshot to the chest. Later studies of his brain confirmed that he suffered from chronic traumatic encephalopathy, or CTE, a brain disease that results from repeated head trauma and that can cause dementia and aggressive behavior.

The lawsuit, filed in federal court in Philadelphia, has 4,500 plaintiffs. Up to 20,000 former players could eventually receive payment.

After the judge’s rejection of the NFL’s settlement offer, experts said that the league would likely have to negotiate a higher settlement. Seau’s family asked the judge to take their concerns into account in deciding on future settlement proposals.

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

One proposal involves new limits on medical malpractice lawsuits.

Representative Steve Scalise, Republican of Louisiana, is one of several Republicans pushing for the proposed legislation, which would repeal the Affordable Care Act, place new restrictions on medical malpractice suits and provide more access to health savings accounts.

However, some Republicans oppose the concept of a big healthcare bill that would make sweeping changes. Instead, they propose a targeted approach with smaller bills that would make limited changes within Obamacare.

The Affordable Care Act sets minimum standards for health insurance coverage. It requires most Americans to purchase health insurance and provides subsidies for low-income people to get coverage. Opponents have criticized the legislation as government interference in the marketplace.

Many states have passed legislation limiting the amount of non-economic damages, such as those for pain and suffering, that can be recovered in lawsuits over medical malpractice. In other states, including Illinois, such limits have been ruled unconstitutional. At the federal level, the Supreme Court has ruled that punitive damages in any lawsuit may not exceed compensatory damages by a ratio of more than nine to one.

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

Stephanie Strickland filed the lawsuit in St. Clair County Circuit Court as the special administrator of Carolyn Strickland’s estate. The defendant is Caseyville Nursing and Rehabilitation Center Inc.

The lawsuit claims that while Carolyn Strickland was a resident of the nursing home, she received negligent care and developed osteomyelitis, ulcers and gangrene, which necessitated the amputation of her leg. The lawsuit also claims that she developed a post-surgical wound infection and sepsis, which contributed to her death.

The lawsuit claims that the nursing home was negligent in caring for Strickland. Stephanie Strickland, her daughter, is seeking over $50,000 in damages. She is currently represented by attorney Staci M. Yandle. However, Yandle currently has a pending nomination to serve as a federal judge in the Southern District of Illinois in Benton.

Nursing home neglect and abuse may be more prevalent than was previously thought. A recent study revealed that more than 30 percent of nursing homes in the U.S. have been cited for abuse. It is estimated that 2.1 million older Americans are the victims of abuse in nursing homes each year. Other evidence suggests that more than 90 percent of nursing homes fail to deliver needed care to residents.

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

John Johnson is a Vietnam combat veteran who served in the Army from 1970 to 1971. In 2007, Johnson was admitted to Edward Hines Jr. Veterans Administration Hospital in Hines, Illinois for oral surgery. After he was put under anesthesia, Johnson went into cardiac arrest, which resulted in brain damage. Johnson filed a medical malpractice lawsuit against the hospital.

According to the lawsuit, doctors did not prepare adequately for the surgery and failed to properly monitor Johnson’s heart condition after he received anesthesia.

Johnson’s attorney said that the $12 million settlement will be used to cover Johnson’s medical and living expenses, and that his family is looking for a house that will accommodate his daily care needs. Johnson’s attorney said that this was one of the largest malpractice settlements paid out by the U.S. government.

The Hines V.A. Hospital is a 471-bed facility, located on 147 acres 12 miles west of downtown Chicago. The hospital also operates six community-based outpatient clinics in the Chicago area. In fiscal year 2010, the hospital served more than 600,000 patients with a budget of more than $510 million.

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

The sponsor of the law that raised speed limits said that Chicago-area limits should also be raised.

On nearly 1,900 of almost 2,170 miles of Illinois interstate highways, the speed limit is now 70 mph, an increase from a generally 65 mph limit for rural interstates. However, only approximately 30 percent of the 286-mile Illinois Tollway’s network will see an increased speed limit. Also, according to IDOT, only five relatively short sections of interstate in the Chicago area will have their speed limits raised, leaving the 55 mph speed limit in much of the Chicago area unchanged.

State Sen. Jim Oberweis, Republican of Sugar Grove, sponsored the bill that raised the speed limit. He said the limit should be raised in the Chicago area as well. IDOT had the authority to create the speed limit map, but Oberweis said the department is putting “citizens into danger.”

According to Oberweis, 85 percent of vehicles are traveling 70 mph or faster on most interstate highways, and the variation in speed limits can be a factor in automobile accidents. He said that by not raising the speed limit in most of the Chicago area, IDOT was ignoring “the will of the people.” Oberweis owns a dairy that operates trucks on the highways.

A recent analysis by the Chicago Tribune found that the “actual” speed limit in the Chicago area — the speed at which most drivers are ticketed — is 80 mph. The Tribune’s research found that 90 percent of vehicles exceed the posted 55 mph speed limit on the tollway, where the average speed is 66-70 mph.

In a statement, IDOT claimed that the speed limit would be raised on stretches of interstate highway where it is deemed safe and reasonable. IDOT said it considered the 85th percentile (the widely accepted standard of the speed at which 85 percent of vehicles are moving at or below) and other considerations. According to the IDOT statement, the department’s top priority is driver safety, and it will continue reviewing speed limits as needed.

Oberweis said that he will attempt to bring his drive for higher Chicago-area speed limits to the legislature. He said that 70 mph is a reasonable, safe and consistent speed, but that he may settle for a limit of 65 mph.

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

The Lighting Research Center (LRC) at Rensselaer Polytechnic Institute (RPI) is evaluating these technologies through its Transportation Lighting and Safety program, which examines approaches to driving safely at night.

There is a greater risk for car accidents at night than there is during the day. Many roadways in the United States do not have adequate lighting. As such, headlights are a crucial safety feature, and they can and should be improved. Any nighttime driver will be familiar with two headlight issues currently being addressed by researchers: the fact that it can be difficult to see where one is going when the car is turning or on a curve, and the blinding effect that glare from other drivers’ high beam headlights can have. These issues are common annoyances for drivers, but they are major safety concerns as well. Researchers are working to address both issues.

Senior Research Scientist John Bullough recently presented research results on swiveling headlight systems at the International Symposium on Automotive Lighting in Darmstadt, Germany. His paper, “Applying visual performance modeling to adaptive curve lighting safety data,” examined swiveling headlights designed to shine light onto the curves of a roadway when a car is turning. Field studies indicated that these headlight systems led to an estimated 4 percent reduction in nighttime crash frequency along sharp curves and a 1 to 2 percent reduction along shallower curves. The idea of headlights that turn along with a car has been around for decades, and it is already a feature in some European cars. As evidence of their potential to prevent car accidents grows, the feature will likely become available for more American cars.

Bullough also presented research results on adaptive headlights that reduce glare at the Detroit Institute of Ophthalmology’s The Eye, The Brain and The Auto conference. His paper, “Adaptive vehicle lighting, visual performance and safety,” examined adaptive headlight systems that allow drivers to use high beams while selectively dimming a portion of the beam to avoid temporarily blinding other drivers with glare. Research suggests that these systems could reduce nighttime crashes by nearly 7 percent.

A model for relative visual performance developed by the Lighting Research Center at RPI formed the basis for both studies. The studies were funded by the Transportation Lighting Alliance, which includes major vehicle and lighting manufacturers.

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

The large verdict was awarded September 27, 2013 to Libbey Bryson of Flint, Michigan after a 12-day trial. The defendant hospital indicated that it was considering an appeal.

The lawsuit claimed that doctors pulled too hard on Bryson’s daughter’s head after she got stuck during childbirth on January 1, 2008. According to the suit, the baby’s arm became stuck on the pelvic bone, and when doctors pulled on the baby’s head, nerves controlling the baby’s right arm were severed. The lawsuit also claimed that doctors should have performed a Caesarean section. Court records showed that a C-section was neither requested nor offered.

Multiple surgeries have since been performed on Bryson’s daughter, and she wears a brace on her right arm. Bryson’s attorney said that the injury will require ongoing therapy. He also said that the judgment will be worth approximately $4 million once it is reduced to its present cash value and again reduced to comply with state laws capping non-economic damages.

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

The case arose from an injury the bicycle messenger received when he was struck from behind by a vehicle while making a delivery. Evidence submitted in the case indicated that the messenger and the courier service had signed an independent contractor agreement, and that the messenger had also signed an agreement with the National Independent Contractor Association. The agreements provided that the messenger would be paid by the association after deductions were made for general liability insurance and bicycle insurance, as well as for leasing fees for a radio and other equipment.

Despite the language of the agreements, the commission affirmed the decision of the arbitrator, finding that the messenger was an employee of the courier service. The commission relied on a previous decision involving the same courier service and a nearly identical independent contractor agreement. In finding that the messenger was not an independent contractor in the previous decision, the current commission noted that the courier service still exercised control over the messenger’s work schedule and other work details. The commission also considered the fact that the messenger’s work was the lifeblood of the courier service business and that the work did not involve particular skills.

In both decisions, the commission found that an employer-employee relationship existed between the messenger and the courier service.

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

Dr. Mark Graber is the founder and president of the society. He has stated that the group is pushing the Institute of Medicine to issue a comprehensive report on diagnosis errors to bring the subject to the attention of medical professionals.

Graber, a Senior Fellow in health care quality and outcomes at RTI International’s research institute, argued that medical professionals need to be made more aware of the negative impact of diagnostic errors. He noted that he encountered numerous diagnostic errors first-hand — many of them his own —
during 20 years working at Northport, New York’s Department of Veterans Affairs Medical Center.

According to Graber, the group is currently focusing on raising awareness. He said that while the group has sought to educate medical professionals, they have been met with apathy. Once stakeholders are engaged, the group hopes to spread solutions, such as the use of “trigger tools” as part of electronic health records to identify patients who are at a high risk of diagnostic errors.

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

The suit is being filed by Reginald Quarles, who claims that his mother, Maxsimillion Quarles, was killed after Ricky Raper stole a police car and crashed into her vehicle.

According to the complaint, the incident occurred on October 3, 2012 after Raper attempted to board a bus at about 8:15 a.m. but refused to pay the fare. The lawsuit states that East St. Louis police officer Rodell Andrews was called to the scene, where he parked his squad car but did not turn off the ignition or lock the doors.

According to the complaint, Andrews approached Raper, who appeared to be impaired by alcohol or drugs. The lawsuit claims that Andrews allowed Raper to leave the bus, after which Raper stole the police vehicle and violently collided with two vehicles, including Quarles’ Mercury Sable.

Andrews, Raper and the city of East St. Louis are named as defendants.

The lawsuit accuses Andrews of negligently failing to remove the keys from the ignition and lock the car doors, among other negligent acts. It further accuses the city of East St. Louis of failing to implement a procedure for preventing the theft of police cars and of failing to train its employees to follow protocol, among other negligent acts.

The lawsuit seeks a judgment of over $1.15 million.

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

The initial complaint was filed by a woman who claimed that her daughter was born with severe heart defects after she was prescribed sertraline, a generic version of Zoloft. The drug is a selective serotonin reuptake inhibitor, or SSRI, prescribed as a treatment for depression.

The case against Pfizer was based on the fact that federal law requires generic drugs to carry the same warning label as the medication on which they are based. The lawsuit alleged that Pfizer issued an inadequate warning label on the original Zoloft, resulting in an inadequate warning label on the generic equivalent.

Judge Huff said that New York courts have not addressed the issue of whether drug makers have a responsibility to ensure adequate labeling on generic versions of their products. She said that Pfizer had no role in providing the plaintiff with sertraline. The judge said that the sertraline was supplied by a third party, and that another third party, the federal government, created the labeling requirement.

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

It is estimated that medical errors kill 440,000 people each year in U.S. hospitals, making it the third leading cause of death after heart disease and cancer. Mistakes like misdiagnosis and errors in medication are everyday occurrences.

Addressing the problem has been difficult, in part because of a health care culture in which doctors do not admit their mistakes — sometimes because they fear it will be used against them in a medical malpractice lawsuit. Additionally, doctors often fail to report or correct their colleagues’ mistakes. The lack of communication when something goes wrong is a major issue for patient safety.

The new guidelines acknowledge that patients have the right to a full account of any problems that occur during their treatment. Patients who are harmed by mistakes should be able to learn the facts about what happened without resistance from the hospital.

Hospitals that have implemented programs to help doctors report one another’s errors say that incidence reports have gone up. That is a positive, promising development, as medical errors are believed to be severely underreported. This shift may be part of a changing culture that recognizes the value of acknowledging mistakes. 27 states, including Illinois, now provide that doctors may apologize for errors without the fear that the apology will be used against them in medical malpractice lawsuits.

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

The statement said that the Chamber’s report misrepresents facts and is part of a campaign to “dismantle” the workers’ compensation system.

The report criticized specific judges for court decisions that resulted in higher payments to injured workers. The Chamber alleged that these decisions hurt the state’s economy and limited some of the benefits expected by recent reform of the workers’ compensation system. The Chamber also blamed Illinois’ high workers’ compensation insurance premium on the judicial decisions cited in the report.

The AFL-CIO and ITLA pointed out that the cases the Chamber criticized predate the current reforms, and that the reforms have reduced insurance rates by more than $315 million per year, or 14.1 percent. Their statement also suggested that if employers are not saving on insurance, then the insurance companies must be keeping the profits.

The statement also said that the Chamber’s report amounted to “cherry picking,” as the cases criticized in the report represent less than one percent of workers’ comp cases disposed of by the Appellate and Supreme courts.

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

David Van Hyning of Jacksonville, Illinois, the father of Benjamin Van Hyning (the student pilot who was killed in the crash on December 22, 2010), filed the lawsuit. The lawsuit is being re-filed after a previous suit was voluntarily dismissed.

Van Hyning was a passenger in a single-engine Cessna Sierra owned by Ronald Kesinger, a Jacksonville attorney. According to the lawsuit, Kesinger hired pilot Todd Cole to fly the aircraft from Wheeling to Jacksonville, and Van Hyning accompanied him as part of his flight education.

The lawsuit states that two employees of the Jacksonville Airport Authority flew Cole and Van Hyning to Wheeling before the second flight.

Shortly after taking off, Cole reported engine trouble and turned back. The plane crashed in a parking lot near the airport. Van Hyning died. Cole sustained severe injuries.

Cole and Kesinger were named as defendants in the previous lawsuit. The new suit claims that the airport authority should have known that the plane was unsafe because of its history. The suit also claims that the plane was not properly de-iced and that Cole was not a commercially licensed pilot.

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