Archive for the ‘Personal Injury Law’ Category

Understanding Traumatic Brain Injury (TBI)

Monday, March 8th, 2010

Chicago TBI Lawyer 300x179 Understanding Traumatic Brain Injury (TBI)March is Traumatic Brain Injury Awareness Month.  This week, our Chicago brain injury lawyers will discuss various aspects of traumatic brain injury (TBI), including causes, symptoms, statistics and prevention.

Traumatic brain injuries are sudden, devastating and life-changing events.  In the context of a catastrophic truck accident or several-story construction fall, the magnitude of the brain injury is evident.  However, in other instances, the true impact of TBI is more subtle.

TBIs are sometimes referred to as the “invisible injury” and “silent epidemic” by doctors and Chicago brain injury attorneys because the effects of such injuries are generally not obvious to most observers, symptoms may take days, months or even years to show, and victims are often unaware that something is wrong.  But the effects of TBI are very real, and can result in severely debilitating short and long-term symptoms.

Anyone can be a victim of a TBI at anytime.  Therefore it is critical that each individual know what TBI is, be aware of the symptoms of a TBI, know how to prevent or mitigate such injuries, and understand the steps to take and the options available in the event that one believes they may be a victim of a TBI.  Call Passen Law Group at (312) 527-4500 to speak with a top Chicago TBI lawyer regarding a potential legal action relating to a brain injury.

What is a TBI, and what happens when a TBI occurs?

A TBI refers to the damage or destruction of brain tissue that occurs due to a blow to the head, i.e. a “closed” head injury, or when the skull is penetrated, i.e. an “open” head injury.

A closed head injury occurs when a blow to the head whips the head forward and backwards or from side to side, as in a car crash, causing the brain to collide at high speed with the interior of the skull.  This can cause damage to specific areas of the brain, most commonly the frontal and temporal lobes, through bruising and tearing of brain tissue and blood vessels both at the point of impact and opposite the point of impact.  It can also cause damage throughout the brain by stretching and destroying neuronal axons – the long, threadlike arms of nerve cells that link cells to one another, various parts of the brain to other areas of the brain, and the brain to the rest of the body.

While specific damage from bruising and bleeding can often be detected through CAT scans and MRIs, injury to the neuronal axons generally cannot be detected through current imaging technology.  The existence of axonal injury is clear, however, from the effects it has on the individual’s functioning.

An open head injury occurs when a skull is penetrated after substantial head trauma, as for example by a bullet.  Damage in these types of injuries tends to be specific and limited to the area of injury, but can be as severe as closed head injuries depending on the path of the object within the brain.

TBI results in several physiological effects.  Tissue damage can cause substances normally contained safely within brain cells to be released into the brain.  The brain also reacts with biochemical and physiological responses, with the brain entering a hyper-metabolic state and releasing glucose in an attempt to protect itself from the injury.  These processes may mask evidence of injury, even as they cause further damage and destroy brain cells, resulting in what is called secondary cell death.

A further effect is seen in the individual’s functioning.  TBIs are often accompanied by loss of consciousness, varying from a few minutes or hours to several weeks or even months, depending on the severity of the injury.  As the individual regains consciousness, other symptoms may appear, including for example irritability, aggression, amnesia, confusion and disorientation.

Stay tuned for further discussion of TBI in coming days.  For a Free Consultation with a top-rated Chicago brain injury lawyer at Passen Law Group, call us today at (312) 527-4500.

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Illinois Govt. Finds Cancer Cluster from Crestwood Water Well

Friday, March 5th, 2010

Crestwood Toxic Water 300x135 Illinois Govt. Finds Cancer Cluster from Crestwood Water WellEvery once in a while our Chicago personal injury lawyers come across a story that epitomizes the need for civil accountability for practices which endanger our public health.  Today’s Chicago Tribune reported that the Illinois Department of Public Health conducted a study of cancer rates in Crestwood between 1994 and 2006, after an April 2009 Tribune investigation revealed the town’s secret use of a contaminated water well for its drinking water.  The state’s researchers found an extraordinarily high rate of kidney cancer in men, lung cancer in men and women, and gastrointestinal cancer in men.

The tainted water well in Crestwood, from which the suburban residents unknowingly drank contaminated water for more than two decades, contained perchloroethylene (PCE), an organic solvent widely used in the dry cleaning industry, and also a probable human carcinogen.

In the State’s report to titled, “Incidence of Cancer in the Village of Crestwood, 1994-2006,” the researchers found that “it is possible that the historical presence of PCE and its degradation products in the Crestwood water contributed to the increase of these cancers.”

However, the researchers noted that “due to methodological and data limitations, the assessment could not establish with certainty this relationship, nor rule out such a possibility.”  A number of other risk factors, such as smoking, diet, hereditary background and workplace exposure to harmful chemicals, are also known to be associated with these cancers, but researchers were not able to evaluate their relative presence in the Crestwood area.  The report finds that “future monitoring of the area’s cancer incidence is needed to evaluate possible changes in cancer incidence following the discontinuation of the contaminated drinking water.”

Still, experts note that the situation in Crestwood is different from other cases where exposure to toxic chemicals is questionable.  Here, according to Ken Runkle, a state health department toxicologist, “We are dealing with a situation where we have known exposure.  That means we can view these elevated cancer levels in a different light.”  Meaning there is a higher probability of the causal relationship between the contaminated water exposure and the development of cancer.

Indeed, kidney cancer in particular is associated with exposure to perchloroethylene (PCE) — the dry cleaning solvent, and known carcinogent, found in the Crestwood drinking water well.   Some forms of lung and gastrointestinal cancer have also been linked to PCE exposure.

In response to the Tribune report, Senator Dick Durbin, Representative Bobby Rush, and Illinois Governor Quinn urged federal and state officials to investigate the Crestwood situation and, in particular, the relationship between the high cancer rates and the contaminated water well.

Litigation is already pending relating to the Crestwood contaminated well, but as more people get sick and realize that their cancer may have been caused by the negligence of their public officials, more personal injury and wrongful death lawsuits are expected to follow.

For a Free Consultation with one of our experienced Chicago personal injury attorneys at Passen Law Group, call us at (312) 527-4500.

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Chicago Worker Killed in Loop Gas Explosion Accident

Thursday, March 4th, 2010

Chicago Loop Explosion Accident 300x225 Chicago Worker Killed in Loop Gas Explosion AccidentOur Chicago construction accident attorneys are all too familiar with the potential hazards faced by Chicago construction and utility workers.  Yesterday, tragedy struck two such workers and their families.

According to several news reports, one worker is dead and another was critically injured following an explosion in a construction hole in the Chicago West Loop.  Reports indicate that the two workers were Peoples Energy employees conducting an air pressure test underneath the street at the time of the explosion.

The accident occurred yesterday afternoon around 1:30 pm at Jackson Blvd. and Wacker Dr. in Chicago.  According to Fire Media Affairs spokesman, Quention Curtis, the utility employees were conducting an underground test when an explosion occurred, and the men were taken by firefighters to John H. Stroger Cook County Hospital, initially in critical condition.  “They were pumping air through the system when something went wrong,” Curtis said. “It blew the pipe apart and it hit them.”

What, exactly, “went wrong” remains to be determined.  Peoples Energy confirmed it had crews at the scene investigating the accident.  A Peoples Energy spokeswoman confirmed crews were at the scene investigating, but did not provide further information.

There are various potential legal causes of action that may arise out of this tragic accident sounding in product liability, premises liability, construction negligence and wrongful death.  Although a direct cause of action against the worker’s employer, Peoples Energy, would be precluded based on the Illinois Workers Compensation Act, there may be other viable third-party defendants, including general contractors or subcontractors, private property owners, or the City of Chicago.

A top Chicago personal injury lawyer will not only investigate the law to determine all viable causes of action and viable defendants, but will also conduct a thorough factual investigation to determine what happened — what caused the explosion?  At Passen Law Group, we consult with top private investigators and engineers as part of our factual investigation into such an occurrence.

For a Free Consultation with an experienced Chicago personal injury attorney at Passen Law Group, call us at (312) 527-4500.

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Product Liability Plays Crucial Role In Ensuring Public Safety

Tuesday, March 2nd, 2010

Case in point:  Toyota sudden acceleration recalls.  Chicago Toyota sudden acceleration lawyers have noted in recent weeks several news stories and press releases documenting Toyota’s culpability in failing to correct these lethal motor vehicle defects.  As car companies ignore car owner complaints, and federal and state regulators turn a blind eye, the civil justice system — product liability litigation — remains as the last line of defense to deter manufacturers from cutting corners and endangering public safety.

This argument was recently made by Mark Robinson and Kevin Calcagnie in their Opinion article, “Why We Need Trial Lawyers.” The authors note recent “demonizing” of trial lawyers in calls for “tort reform” as part of the health care reform debate.  However, they argue that “product-liability litigation has become an ever more important means of keeping consumers safe.”

Again, in keeping with the recent Toyota sudden acceleration defect recall, the LA Times reported that, based on its review of federal records pursuant to a Freedom of Information Request, there were 2,600 Toyota and Lexus car owner complaints of sudden acceleration from 2000 to 2010.  Furthermore, CBS reported that Toyota was aware that its sudden acceleration defects were related to computer software, not to floor mats, as far back as 2005.

However, neither Toyota nor federal regulators did anything to prevent the problem until enough people started dying.  Now, Toyota will be held accountable by product liability attorneys in a court of law.

Our Chicago injury attorneys will continue to fight on behalf of public health and safety.  Those who are most severely injured or killed do not have as powerful a voice when compared to organized lobbyists of manufacturers, big business and the insurance industry.  However, we strive to give those individuals and families a voice.

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

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