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A popular and award-winning Chicago teacher was recently accused of molesting at least two male students in Ohio more than 30 years ago. Harold “Jerry” Mash reportedly resigned from his teaching position and left Ohio after he was convicted of misdemeanor abuse of a student in the Toledo area in 1976. Before he left Ohio, Mash was given a suspended sentence of six months on the abuse charge in a Wood County juvenile court. According to a former school board member, David Weaks, the abuse allegation against Mash involved allegations of sexual abuse.

In early November 2012, Mash was removed from his position at Foreman High School in Chicago. Both Illinois Teacher Certification Officials and Chicago Public Schools have allegedly begun an inquiry into the 68-year-old teacher’s past. Mash, who has taught in Illinois for the last 22 years, has reportedly denied all allegations of abuse. An Ohio Department of Education spokesperson, John Charlton, stated Mash obtained another license to teach in the State of Ohio in 1987. He also said there is nothing to indicate that Mash committed abuse in Ohio in the man’s departmental file. Despite that Illinois began performing background checks on teachers five years before Mash moved to the state, the Ohio abuse allegations were not discovered by Illinois officials.

According to a civil lawsuit filed in Ohio, Mash used positions of authority such as high school teacher, coach, and Boy Scout Leader to influence and sexually assault teenage boys. The lawsuit also alleges that Mash sought such positions in order to gain access to children he could then abuse and exploit. The lawsuit seeks damages of more than $25,000. After learning Mash was employed by one of the largest school districts in the nation, the plaintiffs reportedly opted to file the case in an effort to warn other potential victims. Although criminal charges over the alleged 1970s sexual abuse may no longer be filed against Mash due to the expiration of the statute of limitations, the plaintiffs allegedly hope more recent victims may have the ability to seek justice in a criminal court against the Chicago Public Schools employee. In addition, since the claims of abuse allegedly occurred at Foreman High School in Chicago, civil suits could be brought against the Chicago Public Schools.

Too often, the victims of childhood sexual abuse do not come forward immediately due to fear or embarrassment. In Illinois, the statute of limitations for sexual abuse of a minor is now longer than for other personal injury cases. Since 2011, children who were sexually abused have until their 38th birthday to file an injury lawsuit against their abuser. Additionally, a victim who has repressed any memories of the abuse has 20 years from the date they realized they were abused to file a lawsuit. Children who were sexually abused prior to this time may face a shorter statute of limitations. If you were sexually abused as a child, you should contact a qualified personal injury attorney to discuss your case.
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Not every personal injury case settles without a fight and we often have to go to court or arbitration to obtain the best results for our clients.

This claim arises out of an automobile collision which took place on September 11, 2011 at approximately 1:29 a.m. Our client was injured when the automobile she was riding in was involved in a collision. The at fault motorist, who was uninsured, was driving the plaintiff.

Our client had her own policy of insurance so our law office pursued an uninsured motorist claim.

The vehicle was traveling eastbound on Sibley Boulevard in Calumet City, Illinois, approaching its intersection with Madison. The driver failed to yield while attempting to turn left into a restaurant driveway just before the intersection with Madison when it was not clear to do so. His car was struck by a westbound vehicle. The force of the impact was strong enough to jerk our client forward and backward in her seat.

The Calumet City Police Department responded to the scene of the collision. After speaking with both parties, the police determined the driver of the plaintiff’s vehicle was at fault for the collision.

Following the accident, the plaintiff had an immediate onset of neck and back pain.

She sought treatment from John H. Stroger Hospital’s Emergency Department the same day as the collision. At the Emergency Department, a history was taken, she was examined, and diagnostic tests were performed. She complained of back pain that was worse on her left side and radiated to her upper back. On exam, she had muscle tenderness over her cervical and lumbosacral spine. She was diagnosed with a back sprain/strain, prescribed pain medication, and instructed to seek follow up care.

Due to ongoing and increasing pain, the client sought follow up treatment with a doctor on September 27, 2011. At that time she continued to complain of constant neck pain and back pain that interfered with her ability to work and sleep. A history was taken and she was examined. She had limited range of motion in her cervical and lumbosacral spine, tenderness to the touch in her neck, upper shoulders, and back, and muscle spasms. She also had some point tenderness and pain to both sacroiliac joints. She was diagnosed with lumbar spine strain/sprain, cervical spine strain/sprain, insomnia, and stress and anxiety related to her other injuries.
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When many people think of cheerleading, they picture young women cheering and waving pom-poms on the sidelines at athletic events. In recent years, however, cheering has become an increasingly demanding and potentially dangerous activity. Human pyramids as well as tossing and flipping young girls in the air can be hazardous. Over the last 20 years, the number of cheer-related injuries has allegedly risen dramatically. Consequently, a number of pediatricians in Illinois and throughout the nation reportedly believe cheering should be considered a sport in order to improve the safety of its participants.

In October, the American Academy of Pediatrics issued a policy statement in the Journal of Pediatrics that advocated for cheerleading to be designated a sport. According to the physicians, better supervision, practice time limits, more qualified coaches, and other safety rules would be required if the activity were deemed a sport. The policy also states cheerleaders should be required to undergo a physical prior to joining a cheer squad and conditioning exercises should be required.

According to the author of the policy, Dr. Cynthia LaBella, most people are unaware of the evolution cheerleading has undergone in the last several decades. Participants often experience sprains, torn ligaments and tendons, broken bones, head injuries, and neck injuries. LaBella stated although injuries in other sports generally outnumber those experienced by high school cheerleaders, the rate for catastrophic injuries like skull fractures and paralyzing spinal cord injuries is higher in cheerleaders. Unfortunately, a significant injury such as a concussion may be easily overlooked by untrained coaches.

According to data cited in the American Academy of Pediatrics policy, there are more than 3 million cheerleaders over age six in the United States. In 2011, nearly 37,000 cheerleaders between the ages of six and 22 reportedly visited an emergency room as a result of a cheer-related injury. Consumer Product Safety Commission data shows that number has risen fourfold since 1980.

The Illinois High School Association reportedly now deems competitive cheerleading a sport. This means some level of safety and oversight is provided for high school cheer squad participants. Still, a cheerleading participant may be unexpectedly and catastrophically injured at any time. Oftentimes, injuries result from inadequately trained cheerleaders and coaches. A severe head, neck, or spinal cord injury can affect a cheer participant’s ability to think, walk, or even move their limbs. Even a seemingly mild concussion may impair a victim’s cognitive abilities for life. If your child was hurt while cheering, a skilled personal injury lawyer can explain your options for recovery.
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A nationwide outbreak of fungal meningitis has infected more than 400 patients and killed at least 29 people. The rare disease was reportedly transmitted to patients who received contaminated steroid injections manufactured by the New England Compounding Center (NECC), a Framingham, Massachusetts pharmacy. Patients in 19 states have allegedly contracted fungal meningitis after receiving the contaminated drug via spinal and joint injections for pain management. A Chicago resident who received a spinal injection at a local APAC Center for Pain Management is believed to be the second person in the State of Illinois to have contracted the deadly disease.

Meningitis causes the lining surrounding a victim’s brain and spinal column to become inflamed. Victims of the disease normally experience a stiff neck, intense headaches, numbness, weakness, light sensitivity, and fever. Symptoms of infection can take more than one month after exposure to appear. Unlike other forms of the disease, fungal meningitis cannot be transmitted from person to person. The fungus that causes the infection must be directly introduced into a victim’s system. Once diagnosed with fungal meningitis, victims must undergo several months of intravenous anti-fungal treatment.

According to the nation’s Centers for Disease Control and Prevention (CDC), approximately 14,000 patients in at least 23 states may have received contaminated steroid injections produced at NECC. Since the fatal outbreak began, NECC has stopped all production and issued a recall for every drug manufactured at the facility since May 21, 2012. Although tests for fungal contamination are still pending, the United States Food and Drug Administration (FDA) reported on November 1st that two additional products distributed by NECC tested positive for bacterial contamination. The contaminated drugs include three batches of steroid used by doctors while performing eye surgery and a drug used during heart surgery.

Compounding facilities like NECC are small-scale specialized pharmacies that ordinarily produce individualized drugs that are not commercially available for specific patients. A compounding facility may also change the dosage, format, or ingredients of a drug. Often, such pharmacies will remove allergens or other ingredients based on a specific patient’s needs. Because compounding facilities are pharmacies, they are generally not subject to the same FDA oversight as large-scale drug manufacturers. Since the fungal meningitis outbreak began, some members of Congress have called for more federal regulatory control and oversight of the facilities.
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Abels & Annes work on car accident cases on a regular basis. This week we resolved a claim out of court. The accident occurred on February 24, 2012 at approximately 2:41 p.m. The plaintiff was injured when an inattentive caused a multiple car collision.

Our client was a passenger in a vehicle driven by a friend. The car was traveling westbound on Cermak Road in Berwyn, Illinois. As they approached the intersection with Grove Avenue, they signaled to turn left and came to a stop, waiting for traffic to clear. The vehicle behind the plaintiff’s came to a stop as well.

The defendant was also driving westbound on Cermak Road. The driver failed to slow and/or stop his vehicle and struck a vehicle in front of him, which in turn caused a collision with our vehicle. The force of the collision was significant.

Our office often deals with rear-end accidents. This type of crash can occur when a driver is following too close, or is not paying attention or is distracted by something like a cell phone call or a text.

The Berwyn Police Department responded to the scene of the collision. After speaking with all parties, the responding officer determined the defendant was at fault for failing to reduce his speed to avoid a crash. The responding officer issued a citation for driving too fast for conditions.

Following the collision, the client had an immediate onset of neck and back pain.

Shortly after the collision, she sought treatment at Westlake Hospital’s Emergency Department. Upon arrival at the Emergency Department, a history was taken and she was examined. She complained of back pain that radiated to her head. Doctors examined her and ordered several tests, including x-rays of her cervical, thoracic, and lumbar spines. Her x-rays revealed straightening of the normal cerical lordosis of her spine. Due to excruciating pain and tenderness in her abdomen, doctors ordered an emergency CT scan of her pelvis, which was negative. She was prescribed pain medication and was diagnosed with neck and back sprain and strain. She was instructed to seek follow up medical care and was discharged.

Unfortunately, the client’s pain did not subside. She sought follow up treatment from a doctor on March 2, 2012 where she complained of sharp pains in her neck and back with some headaches and pain between her shoulder blades. Her pain was significant and prevented her from sleeping. She could not sit or stand for more than a few minutes without pain and discomfort, a condition noted by the physician during his examination. She also experienced instances where her entire back would spasm and cause serious pain. A history was taken and she was examined. It was noted that she was in distress and had marked tenderness to palpation over the entire course of her cervical, thoracic, and lumbar paraspinal musculature, as well as tenderness to her bilateral trapezuis muscles. She also had reduced range of motion in her cervical and lumbar spines. She was diagnosed with severe whiplash, muscle spasms, lumbar facet syndrome, and thoracic strain/sprain. Pain medication was prescribed and she was instructed to begin a course of therapy.

Pursuant to doctor’s instructions, she began a course of therapy at in March, 2012. She engaged in activities designed to return her to her pre-collision condition and allow her to return to work with limited pain. She engaged in twenty (20) sessions before being discharged in May.

The plaintiff was discharged having reached maximum medical improvement.

The claim settled out of court for just over $18,500, saving our client the cost of litigation. Our office had previously settled the claim of another passenger in the car for just over $7,200.
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Injury lawyers from Abels & Annes have reached a $20,000 insurance policy limits settlement with a defendant’s insurance carrier, and we are now pursuing a greater amount with an underinsured motorist claim.

This type of case happens very frequently in the State of Illinois. Sometimes a negligent driver carries auto insurance as required by law, but unfortunately $20,000 (Illinois minimum coverage) is not enough to fairly compensate an accident victim for his or her damages.

After recovering a defendant’s insurance policy limits, our office next explores an underinsured motorist claim. If our client carries a larger insurance policy, we will pursue funds under said insurance policy.

In the case below, we will be going after our clients own $100,000 policy.

This claim arises out of an automobile collision which took place in February, 2012. Our client operated her motor vehicle with her headlights on, the roadway was lit by street lights, the road was straight and flat and visibility was good.

She operated her motor vehicle southbound on Wolf Road, in North Lake, Illinois, approaching its intersection with Fullerton. The defendant operated his motor vehicle northbound on Wolf Road approaching its intersection with Fullerton. Both the north and south bound lanes of Wolf Road had a green light. My client was traveling at approximately 35 miles per hour.

The other driver failed to exercise due caution and proceeded to make a left turn in front of my client’s motor vehicle to go westbound on Fullerton when it was not safe to do so. The plaintiff applied her brakes but was unable to stop her motor vehicle and a collision occurred. At the time of the collision the client was wearing her safety belt and had both hands on the steering wheel. Upon impact she was thrown about in her seat belt and her airbag deployed striking her in the face and torso. The force of the impact of the collision injured her.

Both of the automobiles were towed from the scene of the occurrence.

The at fault driver failed to yield the right of way when making a left turn, failed to keep a proper lookout, failed to stop for oncoming traffic, failed to exercise due caution when making a left turn, and failed to exercise due care for the safety of those in the area.

Following the collision the plaintiff had a swollen lip with abrasion, right arm bruising and minor discomfort in her abdomen along the pelvis. She was transported to the Gottlieb Memorial Hospital Emergency Department via ambulance where she complained of headache, swelling and pain in her arm and lip. A CT scan was taken of her head to evaluate for trauma and x-rays were taken of her right arm and pelvis. She was prescribed Vicodin for pain and instructed to stay home from work the following day and seek follow-up care with a physician.

Over the next week our client noticed her symptoms worsened rather than improved and in February, 2012, she sought treatment with the doctor she was referred to. She complained of neck pain, headaches and left shoulder pain. A history was taken, she was examined, and diagnostic tests were performed. She was diagnosed with cervical strain, thoracic strain and left shoulder entrapment. She was given prescriptions for Naproxen and Flexeril and instructed to begin a course of physical therapy.

The plaintiff began physical therapy in February. Her most prominent complaint was of pain in her left shoulder. While she was undergoing physical therapy, she continued to follow up with her physician. At the end of February an MRI of the left shoulder was ordered due to her continued complaints of pain.

The scan showed a left shoulder partial supraspinatus tear and left shoulder strain and she was then sent for orthopedic evaluation.

In April, she saw an orthopedic surgeon for evaluation. A history was taken, she was examined, and diagnostic tests were performed. She complained of sharp and aching pain in her left shoulder which radiated down her arm. She was advised to continue physical therapy and return in four weeks for evaluation.

She underwent 33 physical therapy sessions. In May, 2012 it was determined that she has reached maximum medical recovery and she was discharged from care and given a plan of home physical therapy.

Medical expenses incurred by our client for treatment of the injuries she suffered as a result of the negligence of the defendant were over $18,000.

Despite the treatment she has undergone, she continues to suffer from intermittent pain and discomfort in her left shoulder. This pain has greatly affected her life. As a result of her injuries she is unable to engage in many activities she enjoyed prior to the collision, and those activities she can engage in cause her pain and she cannot participate as she did prior to the collision.

Her pain is aggravated by heavy lifting, repetitious activities, and sleeping positions. Any activities that involves turning, twisting, or bending at the shoulder area can be difficult and painful. Furthermore simple activities such as household chores, shopping and a wide variety of activities of daily living are limited and painful.
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Sex abuse lawyers at our office have handled cases against religious organizations, school bus companies, and even hospitals. We are currently working on several claims against the Chicago Archdiocese. Due to our involvement in this type of work, we have been closely following the Boy Scouts story.

Multiple media outlets, including CNN, the Washington Post and the LA Times, are reporting that over 20,000 confidential documents will be released today by the Boy Scouts. The documents will reportedly identify more than 1000 Boy Scout leaders and volunteers that were accused of sexual misconduct with boys and were banned from the group. The files date from 1965 to 1985.

CNN is reporting that the files will not contain the identity of the victims and witnesses. They are being released with the permission of the Oregon Supreme Court stemming from a case where there was an $18.5 million judgment in 2010 against the Boy Scouts due to the sexual abuse of a boy by a scoutmaster.

The president of the Boy Scouts of America has stated that they are very dedicated to protecting children, but when on to admit that their response to sex abuse allegations in the past were “plainly insufficient, inappropriate or wrong”.

The Boy Scouts are against the court’s decision to release the documents. They argued that confidentiality has encouraged the reporting of possible abuse. They also believe the release could impact sex abuse victim’s rights to privacy
I personally feel that’s a ridiculous argument, as the names of victims are not being released, and the release of these documents could encourage many victims to come forward. Often victims of abuse bury their issues for years due to embarrassment or other reasons. Victims are more likely to suffer from depression, are more likely to abuse drugs and alcohol, and are more likely to attempt to commit suicide.

When a victim comes forward, they are often encouraged to get help and go to therapy, and start dealing with their issues. This process can improve their quality of life immensely.

The attorneys who won the release of the documents are holding a news conference today in Portland, Oregon. They are also asking for the release of sexual abuse files from 1995 – present.

One California attorney who represents scout victims is stating he believes that there could be “hundreds if not thousands of unidentified men who should be registered sex offenders who are roaming free in society”. He also said that due to the Boy Scouts actions, these men have been free for years to volunteer with other youth organizations, and work in schools.

The LA Times is reporting that these documents have been given the nickname “perversion files” and that they could show an unprecedented look at how these sex abuse cases were handled by the scouts from the 1960s – 1985. Their story also states that they have published a series of articles looking at nearly 1900 cases from 1977 to 1991. They found that hundreds of allegations were never reported to police and that Boy Scout officials often helped alleged abusers cover up what happened.

The LA Times article says their files show a pattern of “grooming behavior that alleged sexual abusers used to seduce their victims, and often to ensure their silence”.
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For the second time in recent weeks a Chicago car accident lawyer at Abels & Annes has reached a personal injury settlement on behalf of a local resident who was injured by his or her own spouse’s negligence. When our office handles this type of case I always feel it is important to call attention to the matter. This is because when an accident is caused by a husband or a wife and his or her spouse is injured, many people believe that there is no claim to be made. This is not true.

If you are injured in an accident due to the negligence of your husband or wife, our office can present an uninsured motorist claim on your behalf. Over the last several weeks our office has recovered $35,000 in one case and $80,000 in another.

In one of the claims, we reached a $25,000 insurance policy limits settlement for a wife who was injured by her husband’s negligence in a collision. In addition to the $25,000, we were able to collect $10,000 in medical payments under the insurance policy.

The collision occurred back on January 29, 2011 at approximately 8:22 AM in Melrose Park, Illinois. Our client was injured while riding as a passenger in a vehicle driven by her husband. At the time of the accident she was seven months pregnant.

The Melrose Park Police Department responded to the scene of the accident. Investigating officers determined that the husband was at fault for the collision and issued him a traffic citation for failing to yield the right-of-way when making a left turn.

The plaintiff incurred back injuries in the accident. She was taken by ambulance to the Loyola University Medical Center emergency room. Over the next several months she had follow up treatment with a medical doctor due to back injuries sustained in the accident.

When the client initially contacted our office she had no idea that she had a potential case. Luckily for her, a friend of hers told her that she might have a claim and that she should contact an injury lawyer.

The case was handled by David Abels, a law partner at Abels & Annes.

In a very similar case, car crash attorney Gary Annes reached an $80,000 settlement on behalf of one of our clients. A husband was hurt in a March 29, 2011 accident that occurred at approximately 1:37 PM.

He was riding as a front seat passenger in the family vehicle being driven by his wife. They were proceeding northbound when his wife tried to make a left turn into a gas station. Oncoming, southbound traffic had the right of way. In turning left she failed to yield to oncoming traffic. She turned left into oncoming traffic, resulting in a collision with a southbound vehicle on the front passenger side of their vehicle, right in the area where the husband was sitting.

The plaintiff had an immediate onset of right shoulder and right arm pain following the collision. He went to a local Emergency Department for evaluation and treatment.

Upon arrival at the Emergency Department a history was taken, he was examined and diagnostic tests were performed. He complained of severe right shoulder and arm pain and had limitations in the range of motion of his shoulder. He was initially diagnosed with a right shoulder contusion, prescribed pain medication, muscle relaxants, given a sling to wear and instructed to seek follow up treatment after discharge.

An MRI in October, 2011 revealed a full thickness rotator cuff tear.

We alleged in the uninsured motorist claim that his wife failed to keep a proper lookout, failed to yield to oncoming traffic when making a left turn, and failed to exercise due care for the safety of those in the area, including her passenger.

The case settled without having to go to court or arbitration.
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As a Chicago pedestrian accident lawyer, I can tell you that in my experience these types of collisions tend to increase during summer months. Our office started working on a case last month where a pedestrian was killed while crossing in a crosswalk.

Now comes word of another deadly accident, this time involving a passenger bus. Gov. Pat Quinn is calling for an investigation into Megabus after a pair of fatal accidents, including a Chicago pedestrian accident that occurred earlier this week in The Loop.

As our Chicago personal injury lawyers reported, a Megabus accident in southern Illinois killed one passenger and injured dozens of others. The bus, which had been en route from Chicago, plunged off the road and into a concrete overpass support.The Tribune reported Quinn pushed for the investigation into the low-cost motor carrier company after the National Transportation Safety Board decided against launching a federal investigation into either accident.

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