Chicago Personal Injury Lawyer Blog

Employer Negligence Can Lead to Illinois Silo Wrongful Deaths

April 18, 2013 | By Dave Abels

Year after year, agricultural employers in Illinois put farm workers in danger. According to NPR, at least 498 people have suffocated in grain bins since 1964 and many have just barely escaped death.The case that has gotten the most attention recently is a July 2010 case. In that case, a fourteen year old was working his first real job in a grain storage complex with a nineteen year old and a twenty year old.

The grain bin where the boys were working was four stories tall. It was filled with 250,000 bushels of wet corn. The boy’s job was to “walk down the grain,” which meant breaking up those kernels that stuck to the walls and blocked the drainage hole at the bottom of the bin. This is an illegal practice. However grain storage in the U.S. is a booming business.

That morning, the fourteen year old and his fellow workers started sinking in the corn and began suffocating. After six hours, only one of the boys was brought out alive. The fourteen year old was not even old enough to legally work in the bin. There had been no safety training provided to the boys and none of them was warned about the dangers of walking down the grain and breaking up corn. They were only told “Control the corn” and “Don’t let the corn control you.”
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Three Hurt in Suburban Cary Workplace Explosion

April 15, 2013 | By Dave Abels

In early March, two explosions and a fire at a paint coatings plant in suburban Cary reportedly injured three people. According to Cary Police Chief Steve Casstevens, an explosion unexpectedly occurred at Fox Valley Systems, Inc. just before 1:30 pm. As local firefighters battled the ensuing flames, a second explosion reportedly caused serious damage to the building located in an industrial complex about 45 miles northwest of Chicago.

Witness reports stated firefighters arrived at the scene quickly and battled the blaze in the snow with both water and foam. Casstevens said approximately 25 area businesses were evacuated as a precaution due to the presence of several large chemical tanks at the burning facility. Three people allegedly sustained unspecified injuries in the incident.

Following the explosion, John Kim, Director at the Illinois Environmental Protection Agency, reportedly sought to forbid the facility from resuming operations until the cause of the blast is determined. In addition, Kim supposedly asked Attorney General Lisa Madigan to pursue a court order that would prevent any continued operation until clean-up and corrective actions could be taken. Kim purportedly stated that chemicals released in the fire subsequently migrated to a nearby retaining pond.

Normally, serious workplace accidents like this one are investigated by the nation’s Occupational Safety and Health Administration (OSHA). Congress passed the Occupational Safety and Health Act of 1970 in an attempt to decrease severe worker injuries and fatalities. The Act mandates that all employers must provide workers with safety training and comply with a number of safety-related requirements. Additionally, employers are required to furnish a workplace environment that is reasonably free of preventable health and safety hazards. When an employer fails to adhere to the requirements of the Act, OSHA may investigate and issue various levels of violations. An employer who places workers at risk may incur fines and be required to remediate any safety hazards discovered by the agency.

Although most workplace accidents in Illinois are regulated by state Workers’ Compensation laws, a worker who is injured or killed as a result of the actions of a third party such as an equipment manufacturer may be eligible to receive additional damages. An employee who was hurt in an accident that took place at an Illinois workplace is authorized to receive his or her medical costs, disability pay, and compensation for his or her harm. If you were injured in an accident at work, you are advised to contact a quality personal injury attorney to discuss your options for recovery.
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Illinois Medical Malpractice Case Settled for $20 Million

April 13, 2013 | By Dave Abels

Recently, Cook County commissioners voted to pay $20 million to settle a medical malpractice lawsuit filed against Cook County’s public health system. The lawsuit was brought by a mother after her three-year-old boy sustained irreversible brain damage as a result of a cardiac arrest after surgeons at Stroger Hospital tried to repair his undescended testicle.

The cardiac arrest happened in December 2011 while the boy was recovering from his surgery. Personnel at Stroger Hospital waited for five minutes before initiating CPR after his heart stopped beating. It took 15 minutes for a pulse to emerge once the child came back. According to CBS, the lack of oxygen, coupled with the heart attack, caused his brain injury, which will be permanent. The structured settlement will be covered with taxpayer money.
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Chicago Heights Elementary School Evacuated Following Fire Caused by Unattended Space Heater

April 10, 2013 | By Dave Abels

In March, the Kennedy Elementary School in Chicago Heights was reportedly evacuated following a small fire that was apparently caused by a space heater. According to Anthony Leli, a School District 170 official, the unattended heater caused a chair to ignite unexpectedly inside of the school library. Leli said although the fire was extinguished by a passing maintenance worker, the local fire department was summoned to the school. Investigators from the Chicago Heights Fire Department allegedly ruled the small fire an accident and declined to issue a citation in connection with the incident. Thankfully, none of the children who were using the library when the fire broke out were harmed.

Sadly, many people in Chicago and across the nation are injured in building and other fires every year. According to the American Burn Association, an estimated 450,000 Americans required medical treatment for a burn injury in 2011. In addition, more than half of those burned apparently required hospitalization and about 3,500 died as result of their injury. Nearly 68 percent of persons admitted to a specialized burn center in 2011 were purportedly hurt at their home, and approximately 10 percent of serious burn injuries occurred at work. American Burn Association data also claims that about seven percent of serious burns sustained across the United States in 2011 resulted from a traffic accident.

Although burn injuries are frequently caused by building fires and car wrecks, they may also result from electrical, cooking, scalding, industrial, and other accidents. Regrettably, the victim of a serious burn injury will generally require long-term medical care that can include rehabilitation and plastic surgery. Severe injuries can require lifelong medical care and treatment. If you were severely burned as a result of someone else’s negligent act, you may be eligible to collect financial compensation for your pain, suffering, lost wages and benefits, medical expenses, and other damages. When a child under age 18 is injured, his or her parents or guardians are entitled to bring an injury claim or lawsuit on the child’s behalf. You are advised to contact a quality personal injury lawyer to discuss your options for recovery following any severe burn injury.
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Illinois Childhood Sexual Abuse Cases Receive Greater Attention

April 8, 2013 | By Dave Abels

Recently, the Chicago Tribune reported that the Catholic Diocese of Joliet has turned over personnel files to one of the survivors of sexual abuse that occurred under its watch. These files demonstrate that clergy sexual abuse for this diocese had previously been underreported. Although the shuffling of pedophile priests around the world is now a well-known phenomenon, these personnel files show that the errors at the Diocese of Joliet go back six decades and affect more than one hundred victims.

One of the victims, for example, was sexually abused during his first confession. The bishop later apologized and offered him more than six times than he earned annually as an electrician, but the victim demanded that the diocese do more than pay money. He asked them to turn over their secret archives on pedophile priests so that the public could review them. The diocese fought this demand for a year before turning over personnel files for 16 out of 34 priests against whom significant complaints of sexual abuse were made.

There were more than 7,000 records that showed how the diocese protected abusive priests, in the process misleading parishioners and leaving children subject to further abuse. Church officials have stated that about 4% of priests in the United States committed sexual abuse against a child between 1950-2002. The rate at the Diocese of Joliet was more than twice this national rate.
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Pit Bull in Galesburg Illinois Killed A Young Boy

April 6, 2013 | By Dave Abels

On March 2, 2013, a seven-year-old boy from Galesburg, Illinois was killed in a horrifying attack by a pit bull named Ghost during a visit to the home of his sibling’s father. Between December-February, Galesburg Animal Control had responded to complaints that the dogs residing at this home were neglected and left outside in the cold winter weather. The dogs, however, were not outside by the time Animal Control got there to investigate.

Later, the dog owner denied that either dog was neglected or dangerous. The police were unable to find any reports that the dog involved in the attack was known to be dangerous before this tragic incident.

The dog’s owner was the sister of the victim’s sibling’s father. He had been the one who had invited the seven-year-old boy to go to Skate Palace and stay at his home overnight on the night of the attack. After they went skating, the seven-year-old boy was playing with the dog owner’s two children in their backyard. Chained to the deck, Ghost broke free and clamped onto the boy’s throat.
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Suburban Lake Zurich School District Settles Sexual Abuse Case Filed by Former Student

April 5, 2013 | By Dave Abels

District 95 in Suburban Lake Zurich has reportedly settled one of two lawsuits that allege the school board ignored complaints that an award-winning Lake Zurich High School teacher was engaging in inappropriate sexual conduct with teenage boys. In 2010, former English and Drama teacher Ronald D. Culver was criminally charged with molesting two of his students. He later entered into a plea agreement and served about half of a two-year prison sentence. 54-year-old Culver is reportedly now on parole and required to register as a sex offender.

According to a lawsuit filed against Culver and the Lake Zurich School District, Superintendent, and Principal, parents of one of the boys alerted school officials to the sexual abuse about eight months before Culver was arrested. The case also alleges that administrators committed negligence by failing to report complaints about Culver to authorities and failing to prevent the alleged sexual abuse. Despite the settlement, Lake Zurich School District officials have purportedly denied mishandling the abuse allegations. A similar case is reportedly pending against the district and Culver in Lake County Circuit Court.

Thankfully, the boys involved in this situation felt comfortable enough to report their abuse. Oftentimes, children who were sexually abused by a trusted adult wait to come forward as a result of fear or embarrassment. In Illinois, the statute of limitations for sexual abuse of a child is longer than for other types of personal injury cases. Since 2011, those who were sexually abused as a child have until their 38th birthday to file a lawsuit against their abuser, school, church, or other organization that failed to protect them. Additionally, a victim of childhood sexual assault who has repressed their memories of the abuse has 20 years from the date he or she realized the abuse occurred during which to file a lawsuit. Minors who were sexually assaulted in Illinois prior to 2011 may face a reduced statute of limitations. If you were sexually abused as a child, you are advised to contact a quality personal injury attorney to discuss your case.
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Study Claims Truck Drivers Less Likely to Crash in Chicago and Throughout the World When Well Caffeinated

April 1, 2013 | By Dave Abels

A study recently conducted by Australian researchers claims that tractor-trailer and other long-haul truck drivers who consume caffeinated beverages are much less likely to be involved in a crash than drivers who refrain from ingesting the stimulant. As part of the study, researchers reportedly analyzed recent crash data obtained from 530 truck drivers and compared the information with facts collected on 517 big rig drivers who were not involved in a collision within the previous year. The study authors then interviewed each driver to learn more about their lifestyle and driving habits and adjusted the data to account for factors such as age, driver experience, and sleeping habits.

According to results published in the journal BMJ, 43 percent of truck drivers used caffeinated beverages to stay awake on the road. Additionally, those who ingested caffeine were reportedly as much as 63 percent less likely to be involved in a wreck than other semi drivers. Despite the study results, lead author Lisa N. Sharwood cautioned that consuming caffeinated drinks does not guarantee road safety. She said the beverages are useful as part of an overall driving strategy, but should be viewed in conjunction with a truck driver’s overall health and fatigue levels.

Data from the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) states that about 10 percent of the nearly 34,000 Americans killed in a traffic crash in 2009 died in a wreck that involved a commercial truck. Only about 15 percent of those killed were driving or riding as a passenger in the truck. In addition, approximately 74,000 people across the country were hurt in a collision with a big rig or other large truck during the same year. According to the FMCSA, about seven percent of tractor-trailer and other commercial truck drivers were speeding at the time of a fatal collision. Meanwhile, an estimated six percent reportedly failed to maintain their lane or were distracted and about three percent had alcohol in their system when a deadly accident occurred.
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Deadly Crash Leaves Illinois State Trooper Dead

March 29, 2013 | By Dave Abels

Northbrook residents like myself were shocked this morning to hear about a deadly collision that occurred last night between a semi truck and an Illinois State Trooper on I-294 at Willow Road that left the state trooper dead.

I happen to live within a mile of this accident location, and our hearts go out to the victim and his family.

Officials have reported that the collision occurred just after 11:00 p.m. and that the trooper was on duty at the time. His patrol vehicle was so mangled that firefighters reportedly had to cut apart the vehicle to remove the trooper’s body.

Witnesses state that the trooper was stopped on the shoulder of I-294 near Willow Road when a semi rear-ended him at a very high speed. The Chicago Tribune reports both vehicles burst into flames after impact, leaving the driver of the semi with a burn on his hand but apparently sustaining no life-threatening injuries.

This is the second time in five months that an Illinois State Trooper has been killed by a semi while on duty, raising the question of just how dangerous its is to be a law enforcement officer in Illinois.

According to the U.S. Department of Justice, there are currently over 900,000 law enforcement officers serving throughout the country – the highest number ever actively serving. An increase in the number of officers might suggest an increase in public safety, but unfortunately a large number of officers does not appear to increase the safety of the officers themselves. These officers are injured and killed at alarming rates, both here in Illinois and in other states. Nationally, more than 58,000 law enforcement officers are assaulted each year and more than 16,000 of those assaults result in injuries.

When thinking about officer safety, people often consider officers hurt while apprehending suspected criminals. It is easy to forget that traffic accidents cause a large number of injuries and deaths among officers until an incident like that in Northbrook last night reminds us.

Scott’s Law, commonly known as the “Move Over” law, was enacted after a lieutenant firefighter, Scott Gillen, was hit and killed by an intoxicated driver while responding to a previous crash. Scott’s Law requires all drivers in Illinois to slow down, proceed with caution, and yield the right-of-way by making a lane change if possible whenever an emergency vehicle is stopped with its lights flashing. At this time it is not clear whether the trooper had his lights flashing but it is clear that the trooper was stopped on the left shoulder of the highway and that the truck driver did not yield the left lane to the officer.
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Heart Disease Patients in Chicago, Nationwide May be Hurt by Too Many Prescriptions

March 26, 2013 | By Dave Abels

Heart disease is reportedly the number one killer of American adults. An estimated 80 million people across the United States currently suffer from the disease. A number of the nation’s leading cardiologists reportedly believe that many heart disease patients are given too many prescription medications. In addition, some evidence allegedly demonstrates that many heart drugs are ineffective.

According to Dr. Micah Eimer, a cardiologist in suburban Chicago, individuals who suffer a heart attack generally leave the hospital with at least five different prescription medications designed to lower blood pressure, thin the blood, and reduce cholesterol. He said because each drug has been proven to extend a patient’s lifespan, it is “practically malpractice if you don’t prescribe those.” Dr. Eimer added that physicians currently have little information regarding when it is beneficial for heart disease patients to stop taking such medicines. As a result, such prescriptions are purportedly rarely halted and others are simply added to a patient’s list of medications.

Dr. Harlan Krumholz, Professor of Cardiology and Public Health at Yale University, said heart patients tend to accrue medications over time despite the risk for side effects, drug interactions, and other potential issues. When Dr. Krumholz analyzed data from the federal Medicare program, he reportedly found that the average heart disease patient takes 12 medications. In addition, he said some take as many as 30 drugs. He purportedly believes physicians are too eager to prescribe heart medications and too reluctant to stop their use. According to New York University Professor of Medicine and spokesperson for the American Heart Association Dr. Richard Stein, most heart disease patients need between seven and nine medications each day. He said additional medications are likely unnecessary.

Doctors in Chicago and across the nation should not be reluctant to take patients off of ineffective or potentially harmful prescription medications. Sadly, overmedication or other prescription drug errors may cause lifelong injury or death. All patients are placed at risk of being hurt or killed by the intentional or careless acts of medical professionals. Medical negligence may result when a physician, nurse, pharmacist, dentist, or other health care provider fails to provide a patient with the prevailing standard of medical care and the patient is injured as a result of that failure. If you were harmed or a loved one was killed by a doctor or other medical professional’s negligent act or omission, you should contact a quality medical malpractice lawyer to discuss your rights.
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