Archive for April, 2010

Parents and Professionals Alike Fail to Recognize the Warning Signs of “Huffing”

Friday, April 30th, 2010

huffing inhalants danger 300x282 Parents and Professionals Alike Fail to Recognize the Warning Signs of “Huffing”The Chicago personal injury attorneys at Passen Law Group are becoming increasingly concerned by the practice of huffing, and the apparent ignorance of this practice in the adult professionals charged with ensuring the safety of our children and teens.  “Huffing,” or the use of inhalants to get high, is one of the most popular drugs for teen users, and one of the most widely abused.  In fact, only the use of alcohol and marijuana exceed huffing in American teens.  Huffing is also among the more dangerous forms of drug abuse.  Huffing can and does cause permanent brain injury or death after only a single use.

Although there has not yet been a comprehensive study of the number of deaths from huffing, The National Inhalant Prevention Coalition, a group dedicated to educating the public about the dangers of huffing, receives about 150 calls a year from parents whose children have died.  In addition to these deaths, many teens who huff suffer lesser, but still serious, effects, including mild to severe brain injury.

Part of the danger of huffing is the ready availability of the inhalants – teens who might balk at the challenge or legal implications of obtaining marijuana or other illicit drugs do not have the same qualms about purchasing air freshener, spray paint, computer cleaner, shoe polish, gasoline, or propane.  Some teens even attempt to huff the chemicals used to foam whipped cream by releasing the chemical from the can.  Adding to the problem, teens who huff will usually not test positive on a drug test, as these tests only look for illegal substances, and cannot detect the misuse of legal substances.

This issue has been brought into focus in Chicago this week by the tragic death of Aaron Hunt, an area teenager.  Aaron died after huffing propane.  He was only 18, in his senior year at McHenry West High School.  He is described as a charming young man who played football and video games and dreamed of being a mechanic like his father.

In spite of the prevalence and dangers of huffing, many parents are oblivious to the practice and the risk, and the warning signs that their children may be using inhalants.  The National Inhalant Prevention Coalition notes that parents who talk to their kids about risky behavior, including drug use, often fail to warn their children about huffing.

Unfortunately, this oblivion also extends to the professionals tasked with preventing and treating drug abuse in the teen population.  Unless these professionals wake up to the dangers and signs of huffing, there will be more deaths and injuries.  Aaron Hunt himself, who had been caught smoking marijuana, was enrolled in counseling and drug education classes at the time of his death.  Yet these trained professionals failed to notice or respond to the classic warning signs of huffing.  Only an investigation can reveal whether these professionals’ mistake amounts to negligence in Hunt’s case, and thus whether this is a case of wrongful death.  But the failure to recognize warning signs in a child who was known to be at risk for drug abuse is shocking in the least.

Hunt’s parents reported that for several weeks before his death, they noticed several of these signs.  The teen was rapidly losing a great deal of weight, and seemed listless when he was normally vibrant.  Rapid weight loss and personality change are important warnings that should never be ignored.  Other warning signs include deteriorating memory, chemical smells on a child’s breath and chemicals in a child’s room or belongings.  It is tragic that the professionals tasked with ensuring Aaron’s safety ignored these signs.

Further, product manufacturers and distributors of products that are known to be misused in such a deadly way should include adequate warnings of such misuse.

In situations where professional ignorance amounts to negligence or product liability, an experienced Chicago wrongful death attorney can help the victim’s family members seek justice.  Sadly, at times only a lawsuit against some of its members can force an industry as a whole to sit up and take notice, and make the changes required to prevent further death and injury.

With studies showing that 8% of eighth graders and 6% of high school sophomores report having huffed in the past year, parents and professionals simply cannot afford to continue in their ignorance.  The personal injury lawyers at Passen Law Group urge counselors and educators of teens, particularly drug counselors, to wake up to the dangers and warning signs of huffing before further damage is done.  As Hunt’s father said, “People don’t need to die this way.”

For a free consultation with an experienced Chicago personal injury lawyer at Passen Law Group, call us at (312) 527-4500.

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On Brain Injury Issues, NFL Puts its Money Where its Mouthguard Isn’t

Thursday, April 29th, 2010

nfl brain injury donation 300x216 On Brain Injury Issues, NFL Puts its Money Where its Mouthguard Isnt The Chicago personal injury attorneys of Passen Law Group were extremely heartened to see the news last Tuesday of the NFL’s generous donation to brain injury research.  The NFL recently announced a $1 million donation to the Center for the Study of Traumatic Encephalopathy at the Boston University School of Medicine.  Encephalopathy, which includes traumatic brain injury (TBI), can occur after repetitive blows to the head and concussion, as frequently occurs in sports, and in football players in particular.  The premier Chicago brain injury lawyers at Passen Law Group have considerable experience handling cases involving severe and permanent brain injury, including encephalomalacia.

While this donation is laudable, it does not go nearly far enough.  Despite public pressure, the NFL has still refused to mandate that its players wear concussion-grade helmets, or even double-sided mouthguards.  These mouthguards, which cost only around $8 each, are the one of the single best methods of preventing concussion and thus encephalopathy caused by repeated concussion.

While the players in the NFL are professionals and are free to choose whether to purchase and wear these items themselves or take the risk of injury, the fact remains that NFL requirements trickle down to college programs, high school programs, and even pee-wee leagues.  The participants in these programs are not professionals, and at lower levels often will not have the information and ability to make the safe choice if the NFL does not lead the way.

We at Passen Law Group encourage the NFL to follow up its generous donation by setting a positive example on brain injury safety — especially since children, who look up to professional football players, are most at risk of sustaining severe and permanent TBI.  In the meantime, children who suffer permanent brain injury due to the failure of their schools simple precautions, either inside our out of the athletics context, may have a cause of action.

For instance, Stephen M. Passen of Passen Law Group received a $19 million jury verdict, one of the Top 100 Jury Verdicts in the Nation, on behalf of a 9-year-old boy who sustained a catastrophic traumatic brain injury when a TV fell onto his head in an unsupervised private school classroom.  See Our Results for other significant verdicts or settlements involving brain damage.  If your child has suffered such an injury, a top-rated brain injury lawyer at Passen Law Group can help you to determine whether to file a claim.

For a free consultation with an experienced Chicago brain injury attorney at Passen Law Group, call us at (312) 527-4500.

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Trucking Accident Cases Require an Experienced Attorney

Tuesday, April 27th, 2010

Chicago truck accident attorneys 300x201 Trucking Accident Cases Require an Experienced AttorneyMany people, including attorneys, do not fully understand what is required to prosecute and try a trucking accident case.  These cases, while sharing basic similarities with auto accident cases, are in fact a very different breed.  They require special knowledge of the trucking industry, the players involved, and the various state and federal laws and regulations at issue, because in fact there are many hurdles particular to only trucking cases.  The Chicago truck accident attorneys at Passen Law Group have handled many catastrophic trucking cases, and apply the collective experience they have developed to each and every trucking case they handle.

The very first hurdle in a trucking accident case is one of perception.  The attorneys representing truck drivers and trucking companies attempt, naturally, to color the perception of the judge and jury.  These attorneys will try to make the judge and jury believe that a truck accident is just another auto accident.  Experienced trucking accident lawyers, however, know that a truck accident — often involving tractor-trailer trucks weighing several tons and sometimes hauling dangerous material –  is qualitatively different from a typical auto accident, and know how to explain those differences to a judge and jury.

Many different types of issues are different in a trucking case.  First and foremost, there are many different laws which apply to trucking accident cases which simply do not apply in a basic auto accident case.  This includes the Federal Motor Carrier Safety Regulations (FMCSR), which aim to prevent accidents caused by things like driver fatigue and substance abuse.  These regulations are written as duties of the drivers, but under the law it is the duty of the trucking company to ensure that its drivers comply.  The FMCSR also set forth the procedures that must be followed when companies hire truck drivers, in an attempt to prevent accidents caused by negligent hiring.  The International Fuel Tax Agreement (IFTA) also often is at issue in trucking accident cases.  The IFTA requires detailed records of fuel receipts, which can help a knowledgeable truck accident lawyer reconstruct a driver’s history, and determine whether he was in fact complying with the FMCSR and getting the required amounts of rest.

Another unique challenge in trucking accident cases is that there is a unique vocabulary that does not apply anywhere else.  From the types of communications used to the regulatory terms and business terms of the industry, the language surrounding truck accident cases can sound foreign to an inexperienced attorney.  Our top Chicago truck accident attorneys, however, speak that language, and can help victims and jurors understand what is really at issue.

There are also procedural steps that are crucial in trucking accident cases, but which are not common in other types of injury and accident cases.  For example, it is very important to promptly obtain a protective order or TRO  (temporary restraining order) to have the truck responsible for the accident impounded.  The truck itself, as well as the accident scene, provide crucial evidence of who was at fault for the accident – and once that evidence is gone, it cannot be recreated.  In order to inspect the truck, however, an attorney will generally need permission from the police, who are conducting their own criminal investigation into the crash.  An experienced truck crash lawyer will seek an order from the court allowing him to inspect the truck, as well as the logs, data, and other documents in the truck, as soon as the police have completed their own inspection.

Another key distinction in trucking accident cases is the types of evidence available.  Automobiles do not have “black box” recorders – but, trucks do.  The data from a truck’s black box is crucial in a trucking case – and often must be obtained before the truck is moved in order to prevent data loss.  This data should be obtained with both sides present (i.e., a representative of the trucking company, as well as the victim’s attorney), so that the data cannot be questioned later, and perhaps barred from the case.  Moreover, driver’s logs must be promptly obtained to prevent their destruction – many trucking companies routinely destroy this information six months after it is logged.  Additionally, some evidence may still exist with a company’s tax department even after this destruction – but many companies will not search for and produce this information unless specifically directed to do so.  The experienced truck accident attorneys of Passen Law Group know how to obtain this and other evidence to ensure that victims have the best chance of recovery.

For a free consultation with an experienced Chicago personal injury lawyer at Passen Law Group, call us at (312) 527-4500.

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