Archive for August, 2009

Concussions Sustained by Children

Monday, August 31st, 2009

 Concussions Sustained by ChildrenThe National Dissemination Center for Children with Disabilities states that 1 million children a year suffer concussions, more than 30,000 of which will incur serious long term disability as a result of a concussion.  Because a concussion, if left untreated, may lead to a severe traumatic brain injury, parents should seek immediate medical treatment for their children if they suspect any type of a head injury, including a concussion.  If you suspect your child’s brain damage was caused by the negligence or malpractice of another, contact the Chicago brain injury lawyers of Passen Law Group at (312) 527-4500 for a free consultation.

The clinical definition of a concussion is “a clinical syndrome characterized by immediate and transient alteration in brain function, including alteration of mental status and level of consciousness, resulting from mechanical force or trauma.”  A  concussion can cause the brain to shake around in your head, potentially leading to a severe traumatic brain injury.  This is because the brain is made up of soft tissue that is surround by spinal fluid, which helps cushion the brain against the hard protective shell of the skull.

Though common, concussions can lead to permanent disability if improperly treated or misdiagnosed. Concussions can be especially serious in young children as their brains are still developing.  If you or a loved one has suffered a severe traumatic brain injury, leading to permanent disability, contact an experienced brain injury lawyer today.

Symptoms of a concussion range from mild, such as that dazed, foggy feeling, to more serious, such as difficulty remembering things, concentrating and even personality or behavioral changes.  Other symptoms include nausea, headache, dizziness and sensitivity to light and sound.

Concussions have three grade levels:
•    Mild
•    Moderate
•    Severe

According to the American Academy of Neurology (AAN), a person with a Grade 1 or mild concussion will be a little confused, suffer no loss of consciousness and symptoms clear within 15 minutes. A Grade 2 or moderate concussion also induces confusion, but symptoms persist for longer than 15 minutes.

A Grade 3, or severe concussion, causes a loss of consciousness. The AAN makes no distinction between seconds and minutes; any loss of consciousness constitutes a Grade 3 concussion.  Grade 3 concussions require immediate medical attention.  All concussions should be treated seriously.  A non-invasive CT scan or “CAT scan” can detect whether the concussion is serious or not.

Parents should pay attention to potential concussions sustained by their children, as should teachers, babysitters and other adults responsible for children.  Trauma-induced concussions or brain injuries may be caused by falls down stairs at school, high contact sports activities, or motor vehicle accidents and other accidents.  To speak with a top Chicago brain injury attorney, call Passen Law Group at (312) 527-4500 for a free consultation.

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Police Officers Not Immune in Taser Gun Injury

Saturday, August 29th, 2009

taser gun injury lawyer 300x219 Police Officers Not Immune in Taser Gun InjuryIn a case dealing with the right to file a lawsuit based on a serious injury caused by a police officer, an Illinois federal district court judge held on Wednesday that police officers who used a Taser gun on a woman are not immune from liability even though the woman was resisting arrest.  Therefore, the judge allowed the woman’s Chicago personal injury lawsuit brought under the Civil Rights Act, 42 U.S.C. 1983, to proceed against the two officers involved.  April L. Haynes v. Village of Lansing, et al., No. 07 C 3125 (N.D. Ill. Aug 26, 2009).

The judge did not rule on the merits of the plaintiff’s claim that the officers used excessive force in violation of the Fourth Amendment when they arrested her.  However, the court noted that several pieces of evidence suggest that the woman may have been injured by police excessive force, including the use of a Taser gun on the unarmed plaintiff three times during the incident.

Still, the court held that the officers were not immune in this action.  Citing Clash v. Beatty, 77 F.3d 1045 (7th Cir. 1996), the judge stated that police officers are not immune for an alleged violation of the Fourth Amendment’s prohibition on unreasonable seizures when there is evidence that their actions were unreasonable.  Specifically, the judge held “there is a clear dispute whether any reasonable officer would believe it was necessary to deliver not one but three 50,000-volt jolts of electricity to an unarmed individual lying prone on the floor, especially considering the nonviolent nature of the crime charged (attempted obstruction of justice.”

To speak with a Chicago personal injury lawyer regarding a potential action, call Passen Law Group at (312) 527-4500 for a free consultation.

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ComEd Liable For Delay in Responding to Downed Power Line

Friday, August 28th, 2009

ComEd injury lawyer ComEd Liable For Delay in Responding to Downed Power LineAn Illinois appellate court recently held that a jury should decide whether Commonwealth Edison (ComEd) is responsible for injuries sustained by a police officer while he was directing traffic away from a downed power line.  The appellate court reversed a trial court’s granting of summary judgment in favor of the electric company based on the “fireman’s rule.”  The ruling allowed the injured officer, and his personal injury lawyer, to pursue an injury action against ComEd

The case, James Lurgio v. Commonwealth Edison Co., No 1-08-0612, (Ill. App. Ct. 1st Dist. 2009), was filed by a McCook Police Officer who responded to a call of a downed power line in May 2003.  ComEd was notified, and the officer was waiting for a ComEd employee to arrive at the scene.  Whereas a ComEd employee stated that someone from the company would arrive within 45 minutes, someone did not arrive for 97 minutes.  While he was waiting, the power line struck a street light causing the light to explode and fall.  The officer was fortunate not to have been electrocuted.  Still, the officer injured his knee while he was running from the scene.  The knee injury was severe enough to force the officer to retire from the police department.

The plaintiff’s lawsuit alleged that ComEd failed to terminate the power source in a reasonable amount of time.  In response, ComEd argued that the “fireman’s rule” barred the officer’s case:  the fireman’s rule prohibits public officers from recovering damages for negligent acts that caused an emergency situation.  The trial court dismissed the case based on the fireman’s rule.

The appellate court reversed, holding that a jury should decide whether ComEd shut off the power in a reasonable amount of time.  The court held that the fireman’s rule did not apply because the officer’s injury was separate and distinct from the alleged negligence that caused the emergency, citing Jackson v. Urban Investment Property Services, 362 Ill. App. 3d 88.  To speak with an experienced Chicago personal injury attorney regarding a potential action based on electrocution or other serious injury, contact Passen Law Group at (312) 527-4500 for a free consultation.

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