Posts Tagged ‘Chicago Personal Injury Lawyer’

Preventing Traumatic Brain Injury (TBI)

Friday, March 12th, 2010

TBI prevention Preventing Traumatic Brain Injury (TBI)Today is the final installment of our week-long discussion of traumatic brain injury (TBI), in honor of this month being devoted to national Brain Injury Awareness month.  For a Free Consultation with one of our top-rated Chicago brain injury lawyers, call us at (312) 527-4500.

Because traumatic brain injury is caused by a blunt force to the head, often a result of motor vehicle accidents and falls, head protection is one of the most effective ways of reducing the incidence of TBI.

Motorcycle helmets greatly enhance protection for all motorcycle drivers against TBIs, and contrary to popular opinion do not increase the possibility of neck injury.  According to the National Highway Traffic Safety Administration, motorcycle helmets are estimated to be 37% effective in preventing fatal injuries, and saved the lives of approximately 1,800 motorcyclists in 2007.

Approximately 140,000 head injuries per year are suffered by children involved in bicycle accidents.  The single most effective safety device available to reduce TBI and death from bicycle crashes is a helmet.    Studies estimate that as many as 85% of these injuries could be prevented by the use of protective helmets.  Additionally, be sure that all bicycles are periodically checked for any defects or damage and are properly maintained.

Car safety design and proper care in automobile seating is integral to preventing death or TBI.  This point has been made abundantly clear with the recent Toyota sudden acceleration defect recalls, as noted by our Chicago personal injury lawyers in various blog posts.

Air bags have been associated with a substantial reduction in fatalities and severe injury with adults, and side air bags which include head protection can decrease death from side impact crashes up to 45%.  With respect to children under 10 years of age seated in the front seat, however, there is a 34% increased risk of death from frontal crashes in cars equipped with dual airbags.  Young children should be seated in rear seats with child car seats properly secured according to manufacturer’s specifications where appropriate.

What to do if you believe you have suffered a TBI

First, immediately seek emergency care for your injuries and inform your treating health care professional of any symptoms, however minor you believe them to be.  In particular, any loss of consciousness (however brief), memory loss, feeling dazed and confused, headache, vomiting, nausea or seizures are signs of TBI.

Second, document any symptoms and complaints you might have as soon as possible, and again regardless of how minor they may seem.  Aggressively pursue treatment of your TBI with the best medical care possible.

Third, understand that TBI is a process, not an event, and that the injury continues to affect the brain for days and weeks after the accident.  Symptoms and problems may not show up until well after the accident has occurred, and should be documented and brought to the attention of your health care professional.

Fourth, ask your doctor for the proper tests to diagnose a brain injury.  While most doctors will order MRI or CAT scans, these will not show most TBIs.  Therefore you should request functional testing such as the Positron Emission Tomography (PET) and/or a Single Photon Emission Computerized Tomography (SPECT) be performed.

Fifth, if problems persist, you may want to see a specialist in brain function, such as a neurologist, neuropsychologist or neurosurgeon.  A neuropsychologist, for example, is an expert in brain function, and can conduct tests that help determine the location and extent of any brain injury.

Finally, if you believe that you or a loved one’s head or brain injury was wrongfully caused, it is critical to contact a top Chicago brain injury attorney as soon as possible. The longer you wait, the more likely evidence will “disappear,” and you may even lose your right to ever file a claim based on the statute of limitations (i.e., the time in which you must file a lawsuit).

To speak with an experienced Chicago brain injury lawyer at Passen Law Group, call us at (312) 527-4500 for a Free Case Evaluation.

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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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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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Illinois Insurers Encouraged to Comply with 2005 Medical Malpractice Reforms Despite Lebron Decision

Friday, February 26th, 2010

medical malpractice insurance 300x180 Illinois Insurers Encouraged to Comply with 2005 Medical Malpractice Reforms Despite Lebron DecisionOur Chicago personal injury lawyers have already discussed the recent landmark Illinois Supreme Court decision, Lebron v. Gottlieb (Ill. Feb 4, 2010), which held that legislative caps on non-economic damages in medical malpractice cases were unconstitutional.  This decision was a huge victory to those fighting on behalf of individuals and family members of those critically injured or killed each year by preventable medical errors.

Although the Lebron decision was a big win for Chicago medical malpractice attorneys and their clients, the decision also had a negative impact on patient rights — invalidating important medical malpractice regulatory reforms (“the 2005 Reform Laws”).  The Court held that because there was an “inseverability provision” in the Act in which the caps were enacted, the entire Act was invalid based on the unconstitutionality of the damage caps provision.  The Court emphasized that the legislature “remains free to reenact” certain provisions, including the 2005 Reform Laws, if “it deems appropriate.”

On February 20, 2010, the Illinois Department of Insurance issued a press release, which “Encourages Insurers to Comply with 2005 Medical Malpractice Reforms.”  The 2005 Reform Laws imposed changes to the Illinois Insurance Code that improved insurer reporting and transparency requirements and enhanced the Department of Insurance’s rate oversight authority.  In other words, the 2005 Reform Laws are critical to fairness and transparency in the medical malpractice insurance industry.

Since 2005, the Department has observed and documented improvements in the medical malpractice market, including a reduction in medical malpractice premiums, an increase in competition among insurance companies, and entry into Illinois of new insurance companies offering medical malpractice insurance.

Therefore, “given the public interest served by improved stability and affordability of medical malpractice insurance in Illinois, the Department of Insurance requests “continued, voluntary compliance by insurers” with the 2005 Reform Laws, including:

  • Timely responses to request for information necessary to determine how rates are set and the reasonableness of those rates;
  • Provide the Department with the insurer’s base rates and a list of available insurance agents;
  • Provide the Department with additional loss, claims, exposure and expense data as well as company-produced studies of reserves supporting Illinois medical malpractice business and company surplus;
  • Continue offering insureds quarterly premium payment options;
  • Continue offering insureds policies containing deductibles;
  • Continue to submit rate and rule filings to the Department prior to proposed changes;
  • Continue to offer discounts to insureds who agree to participate in risk management practices;
  • Provide the Department with 180 days notice before discontinuing the writing of insurance

Meaningful insurance reform is critical to providing preventing unfair and predatory practices by the medical insurance industry.  Also, the Illinois Department of Insurance must have continued access to this type of information to combat the baseless arguments from insurance lobbyists that medical malpractice litigation has a meaningful impact on medical insurance rates.

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

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