Posts Tagged ‘Chicago Wrongful Death Lawyer’

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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Congressman Murtha’s Death Caused By Medical Malpractice?

Monday, February 22nd, 2010

Murtha medical malpractice Congressman Murthas Death Caused By Medical Malpractice?Earlier this month, Rep. John Murtha (D-Pa) died from complications after having his gallbladder removed.  Soon after his death, speculation arose whether Congressman Murtha fell victim to medical negligence.  Our experienced Chicago medical malpractice lawyers discuss this issue below.

Gallbladder surgery is a relatively routine procedure.  Still, as with all surgeries, there is a risk of serious complications, including death.  It is important to distinguish a “bad result” from “malpractice.”  Only injuries caused by a doctor’s deviation from the appropriate standard of medical care is malpractice.

According to several news reports, Congressman Murtha first hospitalized with gallbladder problems in December, and underwent surgery on January 28 at the National Naval Hospital in Bethesda, Md.  He was discharged from the hospital following surgery, but was re-admitted two days later when complications developed.   According to various sources, Murtha’s surgeon inadvertently nicked his intestine while performing the laparoscopic gallbladder procedure.  The nick, or small cut, caused a serious infection to develop, which led to his death.

Congressman Murtha’s death has brought the issue of preventable medical errors back into the limelight as Congress returns to health care reform legislation.  Preventable medical errors, such as wrong-site surgeries, improper medication and delayed diagnosis of cancer, kill an estimated 98,000 people each year.  If you or a loved one has been seriously injured or killed while under the care of a medical professional, and you suspect medical negligence could have played a factor, contact a top-rated Chicago medical malpractice attorney at Passen Law today for a free consultation.

Since Murtha’s death, there has been much debate about whether or not the surgeons should have noticed the cut, taken appropriate steps to repair it, and then administered antibiotics to prevent infection and other complications. In other words, did Murtha die as a result of a preventable medical error?  Mr. Murtha’s family has time to decide whether or not to contact a wrongful death lawyer and pursue a negligence action arising out of his death.  It is possible that, behind the scenes, the insurance companies for the doctors and hospitals involved may be trying to resolve the matter without ever facing a lawsuits.  Such negotiations never become public record.

The death of such a prominent politician after undergoing a routine operation is a stark reminder that improved patient safety must be a key component of health care reform.   For a Free Consultation with an experienced Chicago medical malpractice lawyer at Passen Law Group’s, call us at 312-527-4500.

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Study Questions Impact of Banning Cell Phone Usage While Driving

Monday, February 8th, 2010

distracted driver cell phone Study Questions Impact of Banning Cell Phone Usage While DrivingOur last week’s series on distracted driving and technology was interrupted by a discussion of the Illinois Supreme Court’s decision in Lebron v. Gottlieb, striking down damage caps in medical malpractice actions.  Our Chicago car accident attorneys will continue the series this week.

The premise behind banning texting or cell phone usage while driving is to prevent catastrophic motor vehicle accidents and wrongful death caused by distracted drivers.  On the heels of the new ban on texting while driving for truck and bus drivers, the Highway Loss Data Institute (HDLI), an affiliate of the Insurance Institute for Highway Safety (IIHS), released a study which raises doubt on the impact of such bans.  In short, the study found no drop in traffic crashes in three states, Connecticut, New York and California, as well as the District of Columbia, after those states banned drivers from using handheld cell phones while driving.

This study seems to conflict with previous research from IIHS showing that drivers using handheld cell phones are four times more likely to be involved in serious crashes.  According to Adrian Lund, president of IIHS and HLDI, the “key finding is that crashes aren’t going down where handheld phone use has been banned.”  He posits that crash rates may not have decreased because people switched to hands-free devices after handheld phones were banned, [and]we know that people talking hands-free are really not much safer than people talking handheld.”

At best, the study demonstrates that more research is needed. It only focused on crashes reported before and after bans on the use of hand-held phones. It did not look at other factors, such as the use of Bluetooth devices. Other research has demonstrated that using Bluetooth, or other hands-free methods, does little to prevent distracted driving. A driver still has to touch a button, speak or perform other visual, manual and cognitive functions that divert concentration.

The study should not been seen as a means to stop enacting laws to prevent distracted driving, but rather as evidence that further research is necessary.  Technology has become an integral part of every day life, so it is going to be important to enact more effective laws so the roads are safer for all.

Distracted driving that contributes to or causes a serious accident may constitute negligence. If you or a loved one has been seriously injured in a car accident caused by the negligence of another, contact Passen Law Group’s Chicago car accident attorneys at  (312) 527-4500 for a Free Consultation.

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Tort Reform is a ‘Distraction’ in Health Care Debate

Thursday, January 28th, 2010

As Congress continues to grapple with health care reform, many conservatives and lobbyists for the insurance industry have called for tort reform as a way to reduce the costs of health care.  However, nearly every independent health economist and legal expert who has studied the issue has found that tort reform would have virtually no impact on health care costs.  These findings come as no surprise to our Chicago wrongful death lawyers, who represent families that have lost their loved ones due to preventable medical errors, and who fight back against the powerful insurance lobby.

A recent article from the Washington Independent notes the “undercurrent” of complaints made by health insurance companies, hospitals and ideological conservatives that medical malpractice claims are out of control and a leading cause of rising health care cost.  Yet, the leading economists and legal experts have found that malpractice liability costs “are a small fraction of the spiraling costs of the U.S. health care system, and that the medical errors that malpractice liability tries to prevent are themselves a huge cost — both to the injured patients and to the health care system as a whole.”

Why, then, do some politicians backed by the insurance lobby claim that medical malpractice lawsuits are out of control and are a main cause of rising health care costs?  “It’s really just a distraction,” says Tom Baker, professor at the University of Pennsylvania Law School and author of “The Medical Malpractice Myth.”  Professor Baker notes that  “if you were to eliminate medical malpractice liability, even forgetting the negative consequences that would have for safety, accountability, and responsiveness, maybe we’d be talking about [a savings of] 1.5 percent of health care costs.  So we’re not talking about real money.”

Another Harvard professor of Law and Public Health, Michelle Mello, agrees.  “If you were to list the top five or ten things that you could do to bring down health care costs, [tort reform] would not be on the list.”

Our Chicago personal injury lawyers are proud to represent individuals and families whose lives have been forever impacted by the negligence or recklessness of others.  Call (312) 527-4500 for a Free Consultation with one of our attorneys.

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