Chicago Accident and Injury Lawyer Blog

A new study suggests that doctors don't always report incompetent or impaired colleagues, even though almost all think they should. The study, published in the Annals of Internal Medicine, is believed to be the first of its kind. Researchers evaluated the extent to which doctors support and adhere to professional standards. More than 3,500 doctors were surveyed for the study.

Of the 1,662 doctors who responded, 96% said physicians should always report colleagues who are impaired, incompetent, or make a medical mistake. However, of those who had direct knowledge of peer incompetence within the past three years, only 55% made a report.

Cardiologists, pediatricians, family practitioners, surgeons, internists, and anesthesiologists were among the specialists surveyed. Those least likely to report a fellow doctor for incompetence were cardiologists and practitioners. According to the CEO of the American College of Cardiology, Jack Lewin, cardiologists may be more apt to deal with problems within their practice since they tend to practice in groups. He also said many doctors may avoid reporting colleagues for fear of being sued.

Within the legal world, this environment may contribute to the significant difficulty finding physicians who are willing to testify against their peers in a court of law. If they won't report them to the appropriate medical oversight agencies, testifying against them in a public forum is even more unlikely.

There is no question that there needs to be some kind of whistleblower protection for doctors so that they no longer fear reporting colleagues. There needs to be accountability for doctors who make medical mistakes. If they won't report each other, who will report them?

Continue reading " DOCTORS DON'T ALWAYS REPORT THEIR INCOMPETENT PEERS " »

We are in the thick of a midwest winter and it shows no sign of letting up anytime soon. With that in mind, keep these potentially fatal mistakes, courtesy of Forbes.com, in mind when you get behind the wheel:

1. DRIVING TOO FAST: Use caution when accelerating and decelerating in inclement weather. Take extra care on hills and around corners; accelerating uphill can cause wheels to spin.

2. FOLLOWING OTHERS TOO CLOSELY: While it is usually ok to allow 2 to 3 seconds space between you and the vehicle in front of you, in the winter you should allow for 5 to 6 seconds. Never use cruise control on wet roads.

3. OVERCORRECTING ON ICE: Learn how to control a skid. If you're traveling in a straight line, stay calm, take your foot off the gas and brake gently. Turn the steering wheel in the direction you want to go. If you slip on a corner, smoothly accelerate to transfer the weight to the rear wheels, which allows you to steer into the direction of the skid and regain control. If the car uses rear-wheel drive, don't over-accelerate, or the tires may over-spin completely out of the turn.

4. DRIVING WHILE FATIGUED: If you are feeling tired, switch drivers or pull over to rest.

5. DRIVING WITH POOR VISIBILITY: Driving at night or in rain or snow greatly reduces visibility. Poor weather is associated with 7,000 fatalities, 800,000 injuries and more than 1.5 million car crashes nationally each year, with an estimated economic toll of $42 billion. Adverse weather is involved in nearly 20% of highway fatalities.

6. DRIVING ON BACK ROADS: Back roads are often unplowed and less traveled--so you'll be there awhile if you get stuck. If you do get jammed and the car won't move, don't spin the wheels. That only digs a bigger hole. Start by turning your wheels right and left to push the snow away. Use a shovel to clear away snow from the car's wheels and undercarriage. Spread kitty litter, sand or gravel under the tires, and then try rocking your vehicle gently back and forth.

7. NOT PREPARING YOUR VEHICLE FOR WINTER: You should equip your vehicle with snow tires or studded tires if you have that ability, or at the very least a good all-season tread tire with the tread in good condition.

8. FAILING TO CARRY EMERGENCY GEAR: The following items could be essential if you get stuck in snow, experience car trouble or crash during the winter: warm clothing like coats, hats, gloves and socks; flares; chains; matches in a waterproof container; long-lasting food like nuts, jerky, dried fruit or granola bars; water; kitty litter or sand for traction on slippery surfaces; jumper cables; a shovel; a cellphone; a first-aid kit; a flashlight; and a spare tire.

9. LEAVING THE CAR WHEN STRANDED: If the car is stalled and there's no help in sight, stay with the vehicle (unless it's in the road). It'll be the warmest, safest place to wait until help arrives. Run the engine 10 minutes each hour for heat, and clear the exhaust pipe of snow, ice or mud. Place flares about 50 feet in front of and behind the car, turn on hazard lights and, if it's not snowing, raise the hood to indicate you need help.

10. FAILING TO CHECK WEATHER CONDITIONS BEFORE LEAVING: Watch weather reports before starting a long-distance drive or before driving into isolated areas. AAA suggests postponing road trips if especially bad weather seems likely. If you must travel, let a trusted friend know your route, destination and estimated time of arrival. Maintain at least a half-tank of gas at all times for unexpected detours, additional weight and a source of heat if you get stuck.

Two recent studies show that many patients are scheduling when their babies will be born, through elective induction of labor or early planned cesarean section, increasing the risk of medical complications to mother and baby. Induction is the artificial start of labor through the use of medications. A recent study looking at 17,000 induced Scottish births revealed that more than 25% were elective, showing no apparent medical reason. However, such unnatural initiation of labor has risks and should be reserved where there is a true need to deliver early or on a date certain. Risks of induction of labor include an increased need for cesarean delivery, increased risk of infection, prolonged labor and hospitalization, and increased chance of the newborn requiring additional medical treatment. There are medical reasons where inducing labor is recommened for the safety of mom and/or baby. However, without a medical indication, any benefit of delivering on a certain date is outweighed by the risks inherent with unnaturally starting labor. Induction of labor should be reserved for situations of necessity, not convenience.

Another rush to delivery relates to planned, repeat cesarean sections. A recent study found they were being performed too early. The U.S. study found that 36% of planned cesarean births were performed before 39 weeks gestation. Such early, planned deliveries are most likely being driven by convenience. However, like induction, research reveals risks associated with rushing to delivery without a medical need. Specifically, babies born before 39 weeks "are at increased risk for birth-related health problems." The American College of Obstetrics and Gynecology (ACOG) recommends that planned cesarean sections should not be performed before 39 weeks absent a medical need, unless there is evidence that the baby's lungs are sufficienty mature. As the author of the editoral accompanying the study noted, "many doctors and their patients are running a yellow light if not a red light" when electing to deliver before 39 weeks. Rather, the "window of safety" is now considered smaller, with the optimal time for planned C-section to be within a week of the due date.

The Wisconsin Supreme Court held Tuesday that high school cheerleading is a contact sport, meaning its participants cannot be sued for accidentally causing injuries. This ruling was the result of a lawsuit brought by a former high school cheerleader who sued a teammate for failing to stop her fall while practicing a stunt. The varsity cheerleader fell backward off the shoulders of another cheerleader and suffered a serious head injury. As a consequence of this ruling, the injured former cheerleader can sue neither the teammate, nor the school district.

The primary issue in the case was whether cheerleaders qualify for immunity under Wisconsin state law that prevents participants in contact sports from suing each other for unintentional injuries. The law does not specify which sports are "contact sports." The Wisconsin Court of Appeals held that cheerleading did not qualify as a contact sport since there is no contact between opposing teams. The Wisconsin Supreme Court, however, disagreed and unanimously decided to overturn the Court of Appeals decision, reasoning that there is a significant amount of phsyical contact between the cheerleaders themselves.

This ruling, which is applicable to Wisconsin residents only, is both a good thing and a bad thing. It is good in that it protects students and school districts from facing lawsuits for accidental injuries. This means that students (and their parents) can play sports without fear that they might get sued if they accidentally break someone's arm in a basketball game or injure someone on the football field. It is bad in that it leaves the injured student with potentially no recourse. For families in a financial bind, medical bills that mount up could mean financial ruin. Immunity laws are in place to serve the greater good, but unfortunately at the expense of someone who has been injured.

Continue reading " WISCONSIN SUPREME COURT RULES CHEERLEADING A CONTACT SPORT " »

Last week, President Barack Obama’s Chief of Staff, Rahm Emanuel, issued a memorandum to all federal agencies to halt any pending regulations until the new administration can review them. The stay affects 23 pending rules that directly affect consumers.

The Chief of Staff' memorandum is a huge step for the protection of consumer's rights. Many of the pending regulations contain preemption language. Preemption is a legal doctrine that essentially states that when federal and state law are at odds, federal law takes precedence. Under the memorandum, the Obama Administration will have the option not to finalize any proposed rule or final rule which has not yet become effective and to ensure that any final version of a pending rule does not contain preemption language. Preemption is dangerous for consumers because it obliviates their right to redress in state court.

A preemption issue was recently argued before the U.S. Supreme Court in the Wyeth v. Levine case. The patient was injured and had to have her arm amputated when a drug - administered through an IV push, which was placed in an artery instead of a vein - caused gangrene due to the drug touching arterial blood.

The New England Journal of Medicine (NEJM) has commented that tort litigation in state court is an effective means of protecting consumers from dangerous products. Consumers put a lot of faith in the FDA approval process, but the NEJM article highlights the reasons that approval is not a guarantee of a drug's safety: lack of resources; FDA approval is usually based on short-term efficacy studies, not long-term safety studies and the FDA has no subpoena power, thus it only knows only what manufacturers reveal.

The Obama Administration is certainly taking a step in the right direction for consumers.

Continue reading " PRESIDENT'S CHIEF OF STAFF STAYS PENDING REGULATIONS " »

Carol Struebing, an elderly woman from Elk Grove Village, was killed last week in a car accident when the car in which she was a passenger collided with a truck that was in a funeral procession. According to experts, funeral procession accidents are becoming more common.

Funeral procession laws vary from state to state and among communities. In Illinois, the lead vehicle in the funeral procession must obey stop signs and traffic singals, but the rest of the caravan can proceed without stopping and has the right of way as long as all vehicles keep on their headlights. Last week's accident occurred when the truck in the procession went through a red light, as allowed under Illinois law, and collided with the car Ms. Struebing was traveling in. Police are investigating whether the truck had its lights on as required by state law.

Funeral directors are in agreement that it is difficult to safely lead a funeral procession because many people are unaware of the rules of funeral processions or are simply not paying attention.

This needless tragedy could have been prevented. Please be aware of funeral processions when you are driving and remember to give the procession the right-of-way.

Continue reading " FUNERAL PROCESSION ACCIDENTS BECOMING MORE COMMON " »

The presence of lead in children's toys is a major concern for parents. Lead poisoning can cause learning disabilities, behavioral problems, and, at very high levels, seizures, coma, and even death.

On February 10, 2009, the Consumer Product Safety Improvement Act (CPSIA) takes effect. The new law requires manufacturers, importers and retailers to not sell products containing more than 600 parts per million (ppm) total of lead. Certain children’s products manufactured on or after February 10, 2009 cannot be sold if they contain more than 0.1% of certain specific phthalates or if they fail to meet new mandatory standards for toys.

Under the new law, children’s products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009.

There was initially a question of whether the new law applied to seller's of used children's products; however, in a clarification issued by the U.S. Consumer Product Safety Commissuin (CPSC) on January 8, 2009, the CPSC stated that resellers, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards. Parents should be extremely cautious when purchasing used toys from a thrift store or a reseller; used children's toys may not meet the new lead limits.

When the CPSIA was signed into law on August 14, 2008, it became unlawful to sell recalled products. All resellers should check the CPSC website, which provides extensive information on on recalled products, prior to selling a product. Someone who resells recalled products could face civil and/or criminal penalties.

As has previously been posted on this site, cribs and bassinets have been the subject of recent recalls as they may pose a strangulation hazard to infants. Additionally, parents and caretakers should prevent their children from playing with toys with small parts or parts that could become loose as they could present a choking hazard.

Continue reading " NEW LAW REDUCES CHILDREN'S EXPOSURE TO LEAD FROM TOYS " »

The New York Times reports that ICU doctors are trying a new tactic to reduce the trauma that patients face after a stay in the ICU: reducing sedation levels and getting patients up and walking.

Researchers have found that patients who spend days, weeks, or months in the ICU on life support can suffer from unexpected and long-lasting effects, such as difficulty concentrating, nightmares, or even post-traumatic stress disorder. The study, sponsored by Ohio State University, reported that 25 percent of patients who spent more than five days on ventilators could not use their arms to raise themselves to sitting positions; many could not push back against a researcher's hand. One researcher described the patients as "essentially paralyzed."

Studies about the after-effects of stays in the ICU are more important than ever these days, given the aging poulation and the advances in medicine -- as more people age, more people are admitted to the ICU, and with the medical advances, more people are surviving.

Most patients who spend time in the ICU lose significant weight and quickly lose their strength. Researchers are becoming concerned about the effects of being in the ICU hooked up to a ventilator that forces oxygen in and out of the lungs and recieving doses of sedatives, narcotics and anesthetics high enough to make even healthy people stop breathing on their own. Dr. John Kress, director of the medical ICU at the University of Chicago decided to experiment by waking patients briefly each day by turning off their infusion of sedatives. He found that patients did better and had a significantly lower rate of post-traumatic stress disorder. He could not be sure why there was less post-traumatic stress, but opined that maintaining awareness of reality is better for the patient's psyche. In another study sponsored by Brigham Young University, researchers found that patients seemed to recover faster and spent less time in intensive care and the hosptial.

Researchers plan to do a number of clinical trials to improve ICU stays, and the after-effects of those stays, for patients in the future.

A McHenry County jury convicted an illegal alien yesterday of felony drunken driving, reckless homicide and failing to report an accident after he struck and killed a 71-year old motorcyclist in 2006. Eulalio Haro, a Mexican native who has been deported from the United States three times for illegally entering the country, was previously convicted of reckless homicide in 1993 after killing his brother in a drunk driving accident. He served half of a four year sentence before being deported to Mexico in 1995. He illegally returned twice -- he was apprehended and deported both times, most recently in 2005.

Haro now faces a maximum 28 year prison term that he will have to serve in Illinois before he can again be deported to Mexico. McHenry County prosecutors will seek the maximum sentence because this is the second fatality Haro has caused.

I am pleased that the prosecutors will seek the maximum sentence -- if anyone deserves the full sentence, it is this man, who clearly has no regard for human life. My deepest condolences to the families who have been affected by his deadly actions.

Continue reading " ILLEGAL ALIEN GUILTY OF SECOND FATAL DUI " »

In December 2007, President Bush signed a new federal law designed to prevent drain entrapments and eviscerations in pools and spas. Under this law, all public pools and spas were to have compliant drain covers installed and a second anti-entrapment safety device, like a safety vacuum release system, installed when there is only a single main drain, by December 2008. The Virginia Graeme Baker Pool and Spa Safety Act of 2007 was named after a 7 year old girl who was killed after getting entrapped in a hot tub.

According to Safe Kids USA, the statistics for entrapment are probably grossly underestimated - only 33 deaths have been officially listed as being caused by entrapment between 1984 and 2004. Since the death of Baker, however, her mother and other advocates have lobbied for a law so these deaths were not in vain.

Despite the the dangers posed by uncovered drain and the new federal law, many pools are not yet in compliance. Several pool operators claim they simply weren't given enough time to get the covers and claimed some models weren't available until weeks before the law went into effect. Others claim that the models they requested were on back order. Complicating matters is the different ways that states are enforcing the law. Because the agency overseeing the law (the Consumer Product Safety Commission) is so small, it is looking to state public health and safety departments for help, but some states are being more lenient than others enforcing the law. For example, the public health department in Riverside, California said it will not enforce the law until a similar law is passed by the California state legislature.

The CPSC knows that some pool operators have had problems obtaining the drain covers and is focusing its efforts on the most high-risk pools, such as wading pools, kiddie pools and the shallow end of larger pools. The CPSC has warned, however, that ultimately, a pool owner will be held liable if there is an injury or death at a pool lacking the proper drain covers.

The Food and Drug Administration (FDA) announced yesterday that PetSmart is recalling seven of its Grreat Choice dog biscuit products because they contain peanut products made by Peanut Corporation of America, which has been linked to a salmonella outbreak in 43 states and Canada. PetSmart removed the products from the shelves as a precautionary measure, but noted that it is not aware of any reported cases of illness related to the biscuits.

The FDA said that the risk to animals is minimal, but people who handle contaminated treats could come in contact with the bacteria. As such, it is important for people, particularly children and the elderly, to wash their hands after feeding treats to pets because salmonella could be on the surface.

This most recent salmonella outbreak has sickened at least 486 people, killing six, and has been linked to products manufactured by the Peanut Corp. of America in its Blakely, Georgia facility. The Center for Disease Control (CDC) reports that of those sickened, 107 have been hospitalized.

Peanut butter produced by Peanut Corp. is not sold in individual jars, but is sold to institutions such as schools, prisons and nursing homes. Peanut Corp. also produces peanut paste, which is used in cookies, crackers, cake, ice cream and other products. Some of these products have already been recalled.

About 125 products have been recalled due to the outbreak. For more information on what products have been recalled, please click < a href= "http://www.accessdata.fda.gov/scripts/peanutbutterrecall/index.cfm/" target= "_blank">here.

Continue reading " PET TREATS RECALLED " »

Last week's dramatic crash landing of US Airways flight 1549 into the Hudson River and the heroic rescue of all passengers on board was truly a miracle. Pilot Chesley B. "Sully" Sullenberger has been praised as a hero, and rightfully so. His skillful landing saved the lives of over 150 people and touched the lives of countless others.

The crash resulted when the Airbus 320 collided with two birds. The Federal Aviation Administration (FAA) reports that brid strikes occur from time to time, but there haven't been many major accidents due to bird strikes in many years. Birds present a bigger hazard for smaller aircraft and pose a threat to commercial airliners typically only at lower altitudes when planes are taking off or landing. From 1990 to 2007, there were nearly 80,0000 reported incidents of birds striking non-military aircraft, or about one strike in every 10,000 flights.

The FAA requires airliners to withstand strikes from birds weighing as much as 8 pounds at particluarly vulnerable points along the aircraft. Kevin Poorman, a senior research engineer at the University of Dayton Research Institute in Ohio, tests the abiltiy of airplanes and engines to withstand bird strikes by firing 4 to 8 pound birds at strategic points along aircraft from coompressed gas guns at hundreds of miles per hour. Poorman noted that over 200 fatalities have occurred in the last 20 years due to bird strikes workldwide and that 5,000 impacts are reported each year. Poorman believes that birds strike planes every day, but planes are designed to take the impacts, however, when a flock or a large bird strikes at a critical moment is when problems happen -- like what happened last week in the Hudson.

Environmental initiatives of the 1960s and 1970s geared towards protecting animal species, cleaning the water and expanding wildlife refuge systems has resulted in a resurgence of birds and wildlife that pose a hazard for airplanes. During this same time period, aircraft design has improved to make planes faster and quieter, so birds can't detect them as readily.

The FAA and the National Transportation Safety Board (NTSB) consider bird strikes a continual concern and will continue to improve engine design to prevent crashes in the future.

On every level, it seems that the current economy is wreaking havoc on consumers. The latest cuts include busing services for students. Now, it is our children who will suffer the consequences of this latest cost-cutting measure.

The reduction of school bus service means more danger on the roadways and potentially higher risks for students walking home from school. In a report on CNN, Mac Dashney, a consultant with the Pupil Transportation and Management Institute opines that for every bus that you take off the road, which would normally carry between 65 and 77 passengers, you are adding 30 to 40 more cars on the road.

A 2007 Congressional report outlined the risks of taking children off of school buses. The report states that 12.5 million students took 5.5 billion school bus trip between 1995 and 2005. Of those trips, there were 1,368 fatal crashes, 97 of which involved a bus driver or bus passenger. Conversely, the death toll among student who attend school by other means was 40 times higher.

In addition to an increased risk of being involved in a car crash, there is an increased risk for students who are walking home from school. According to the U.S. Center for Disease Control (CDC), child pedestrians are at higher risk for injuries than adults for several reasons:
kids' smaller size make them more difficult for drivers to see, kids have less ability to judge distances and speeds and kids have less understanding of traffic rules and the right-of-way.

Student safety should be the top priority. Dashney says that options for saving money on transportation without cutting service include privatizing bus service, renegotiating contracts, increasing property taxes and charging parents for bus service.

Continue reading " SCHOOL BUS SERVICE CUTS COULD LEAD TO MORE DEATHS " »

Just two days after US Airways Flight 1549 crashed into the Hudson River after striking two birds, an Arkansas hospital helicopter was grounded after a bird struck the aircraft, tearing a hole into the nose of the chopper. The pilot was forced to land the helicopter as a result. Thankfully, the helicopter landed safely. The pilot was slightly injured during the landing, but two other crew members on board were not.

The helicopter was returning from a hospital in Memphis, Tennessee, where the crew had taken a patient. It was heading back to Baptist Health Center in Little Rock, Arkansas when the bird hit the chopper and forced an early landing.

Federal aviation officials are investigating the incident but do not expect the helicopter to be grounded for long.

A judge in Huntley, IL has found school bus driver, Julieta Clinton, guilty of reckless conduct and child endangerment after she intentionally slammed on the brakes to throw children from their seats. Ms. Clinton entered a plea deal in which she did not admit guilt. She could face up to a year in prison when she is sentenced on April 3, 2009.

McHenry County prosecutors say Clinton was driving 54 youngsters, ranging in age from 5 to 10, to school last April when she became frustrated with their alleged unruly behavior and braked hard twice. One youngster was treated at a hospital and 18 others were treated at the scene.

Continue reading " MCHENRY COUNTY BUS DRIVER GUILTY OF RECKLESS CONDUCT " »

A Carpentersville woman has been accused of fatally injuring a 16-month old at Minee Subee in the Park, a Libertyville day care center. This tragic story is the worst nightmare for every parent who sends their child to day care. Parents place their trust in the facility and its employees to care for their children while they are at work. This senseless death is an absolute tragedy.

Police say Melissa Calusinski got so angry last Wednesday, January 14, 2009, that she threw the 16-month-old to the floor, fatally injuring him. She was charged over the weekend with two counts of first-degree murder. Police said Calusinski threw the boy to the floor when she grew frustrated that he was being noisy. His skull fractured, Benjamin grabbed his blanket and crawled to his "comfort zone," a bouncer seat, where he collapsed and later died, police said.

The National Center on Shaken Baby Syndrome explains that SBS/AHT (shaken baby syndrome/abusive head trauma) is a term used to describe the constellation of signs and symptoms resulting from violent shaking or shaking and impacting of the head of an infant or small child. Perpetrators who inflict shaken baby syndrome and abusive head trauma often injure the infant or child out of frustration or anger. This most often occurs when the baby won't stop crying. Other triggering events include toilet training difficulties and feeding problems.

In most circumstances, a day care center will be held responsible for the acts of its employees, including the teachers and other caregivers. Day care centers may also be held liable for negligently hiring a worker or by failing to properly investigate the individuals they hire.

If you are suspicious that a person who is caring for a child, who lives with a child, or who works with or around children has caused injury or harm or put a child at risk of physical injury, please call the Illinois Department of Children and Family Services at 1-800-25-ABUSE (in Illinois) or contact your state's children and family services department.

Continue reading " INFANT DIES AT DAY CARE CENTER " »

As reported last week on our blog, Kellogg has pulled a number of it peanut butter products from the shelves in response to a salmonella outbreak linked to peanut butter manufactured by the Peanut Corporation of America. Federal officials are now warning Americans to avoid any snack food that includes peanut butter in the ingredients as these foods may be contaminated with salmonella. This warning does NOT apply to jars of peanut butter.

To date, the outbreak has been linked to 470 illnesses and six deaths in 43 states. The investigation has expanded since officials confirmed salmonella contanimation at a Georgia facility owend by the Peanut Corporation of America, which ships peanut products to 85 companies including Kellogg's which produces Keebler and Famous Amos products.

The FDA is recommending that consumers avoid peanut crackers and candy bars until the companies are cleared by the FDA as not having used peanut butter from the contaminated facility. It will take time to determine the source of the outbreak, but the government must move as quickly as it can since Peanut Corp sold to compaies that distributed to schools, hospitals and nursing homes. Salmonella is particularly dangerous to the young, elderly and ill, so health officials have urged these institutions to throw out specific containers of peanut butter linked to the outbreak.

On January 17, 2009, a 6-year old boy died in the stands of a monster truck show in Tacoma, WA. Feld Motor Sports, based in Aurora, Illinois, organized the event and released a statement stating, "Feld Motor Sports is looking into the accident. The safety of our customers is our top priority." Apparently, Feld placed safety barriers at both ends of the arena floor.

However, these measures were insufficient as it was reported that debris was flying 30 to 50 feet into the grandstands from the truck. The mother of the boy described the debris as "a metal ring... roughly the size of a Frisbee and about three-quarters of an inch thick, weighing between 7 and 12 pounds."

This incident raises the question of whether enough is done to prevent injury to spectators at sporting events, auto races and monster truck shows. Here, it is evident that there was a lack of sufficient protection in place to prevent the fatal injuries sustained by this little boy.

Continue reading " MONSTER TRUCK SHOW SITE OF FATAL ACCIDENT " »

Starting tomorrow, January 20, you could be eligible for free cosmetics thanks to a large class action settlement. As part of the settlement, several department stores have been ordered to give away $175 million worth of free cosmetics. The lawsuit, which settled back in 2004, alleged that department stores and cosmetics companies conspired to sell products at the manufacturers' suggested price only - never at a discount. It also alleged that special promotions were coordinated in a way that ensured there would be no competition among stores.

Any person who purchased cosmetics from any of the defendant stores, which includes high end retailers such as Macy's, Nordstrom, Neiman Marcus and Dillards, among others, between May 1994 and July 2003 qualifies for the freebie. You do not need to show a receipt, but you will have to sign a form saying you received your free cosmetics. This offers is limited to one $25 product per person from only one of the stores. Free cosmetics will be distributed to class members for a maximum of seven days, while supplies last, on a first come, first served basis, beginning on January 20, 2009, so don't miss out!

Please click here for a list of retailer defendants that will be participating in the settlement product distribution and a list of the products that will be distributed.

Continue reading " YOU MIGHT BE ELIGIBLE FOR FREE COSMETICS! " »

The pilot of the US Airways plane that landed the plane in the Hudson River despite its two engines being out is being lauded a hero. All 155 people on board were pulled to safety. "We had a miracle on 34th Street. I believe now we have had a miracle on the Hudson," New York governor David Paterson said.

"The captain said, 'Brace for impact because we're going down,'" passenger Jeff Kolodjay said. He said passengers put their heads in their laps and started praying. He said the plane hit the water pretty hard, but he was fine.

The pilot was identified as Chesley "Sully" Sullenberger of Danville, Calif. I commend the pilot on his skillful landing!

This afternoon, a US Airways plane downed in the Hudson River. Footage of the crash shows the plane partially submerged with passengers standing on the wings. The water temperature in the river was reported at 42 degrees.

Flight 1549, an A380 took off from Laguardia on it's way to Charlotte at 3:26 pm ET. 146 passengers and 5 crew members were onboard, MSNBC reports.

According to reports, the pilot reported a possible bird attack shortly after takeover. There were reports the pilot went into a flock of geese. In the aviation industry, these incidents are referred to as "wildlife strikes". For the period 1990—2004, over 63,000 wildlife strikes were reported to the Federal Aviation Administration (FAA). About 97 percent of all wildlife strikes reported to the FAA involve birds, almost 3 percent involve mammals and less than 1 percent involved reptiles. Waterfowl (ducks and geese), gulls, and raptors (mainly hawks and vultures) are the bird species that cause the most damage to civil aircraft in the United States.

The Kellogg Company announced Wednesday it is recommending that consumers not eat its peanut butter crackers because they may be tainted with salmonella.

The products affected are Austin- and Keebler-branded:
* Toasted peanut butter sandwich crackers
* Peanut butter and jelly sandwich crackers
* Cheese and peanut butter sandwich crackers
* Peanut butter-chocolate sandwich crackers

Peanut Corporation of America, a producer of peanut butter, is one of several peanut butter suppliers to Kellogg and has been linked to an outbreak of salmonella poisoning that has affected at least 434 people in 43 states.

While Kellogg has not received any consumer illness complaints about the products, the company is taking precautionary measures including putting a hold on any inventory in its control, removing product from retail store shelves and encouraging consumers to hold and not eat the products until regulatory officials complete their investigation of Peanut Corporation of America and Kellogg.

Though consumers are urged to hold the product until there is more information, anyone seeking a refund may call 888.314.2060 for details about how to get one.

In the last week, the Consumer Product Safety Commission (CPSC) has announed the recall of over 556,000 cribs manufactured by two different manufacturers.

On January 6, the CPSC recalled over 56,000 Jardine brand cribs warning that the wooden slats on the cribs can break, resulting in a gap that poses entrapment and stangulation hazards. This recall constitutes an expansion of the initial recall of Jardine cribs in June 2008. The most recent recall includes Dark Pine Olympia Lifetime Cribs, Antique Walnut Capri Single Cribs and White Capri Lifetime Cribs sold at KidsWorld, Geoffrey Stores, Toys "R" Us, and Babies "R" Us stores nationwide and at babiesrus.com from March 2004 through January 2009 for between $230 and $330. Those with Jardine cribs should contact Jardine to receive a full credit toward the purchase of a new crib. Only cribs with specific model numbers and date codes are subject to the recall. For model numbers and date codes and for information on how to obtain your credit, please read the CPSC recall notice.

On January 13, the CPSC recalled 500,000 Stork Craft Baby Cribs. The cribs were sold at J.C. Penney, Kmart and Walmart stores nationwide and online at Amazon.com, Babiesrus.com, Costco.com and Walmart.com for May 2000 through January 2009 for between $100 and $400. The metal brackets used to support the crib mattress and mattress board can crack and break creating a dangerous gap between the mattress and crib rails. The CPSC has warned that a child could become entrapped in the gap and suffocate as a result of the faulty brackets. Consumers should contact Stork Craft for a free repalcement kit. For more information, please read the CPSC recall notice.

Consumers are encouraged to stop using the recalled cribs immediately and find an alternative, safe sleeping environment for their baby.

Continue reading " CRIBS RECALLED BY CPSC " »

The National Safety Council (NSC) is advocating a total ban on cell phone use for drivers. The safety group is campaigning for the ban suggesting that talking on cell phones while driving is like driving drunk. “When our friends have been drinking, we take the car keys away. It’s time to take the cell phone away,” Janet Froetscher, the group’s president and chief executive, said in interview.

The City of Chicago has banned talking on cell phones while driving and has considered creating legislation to ban texting while driving. The State of Illinois has banned cell phone use for teen drivers. No state currently bans all cell phone use while driving. Six states — California, Connecticut, New Jersey, New York, Utah and Washington — and the District of Columbia ban the use of hand-held cell phones behind the wheel, according to the Insurance Institute for Highway Safety.

One study by the Harvard Center for Risk Analysis estimates that 6 percent of vehicle crashes — the equivalent of 2,600 deaths and 12,000 serious injuries a year — are attributable to cell phone use. Hands-free cell phones are just as risky as hand held phones, she added.

For additional information, see the Chicago Suntimes.

Continue reading " NATIONAL SAFETY COUNCIL PROPOSES CELL PHONE BAN FOR DRIVERS " »

On January 3rd, Jeffrey J. Kroll spoke to a group of lawyers from around the country on the topic: “One Tale at a Time: Has Technology Changed Storytelling?”. The speech was for the 26th Annual National CLE Conference held in Vail, Colorado. Jeff discussed the interplay between technology and a lawyer’s ability to “tell a story” to jurors. Jeffrey J. Kroll has given a number of speeches on using demonstrative evidence at trial, using technology at trial and using themes and analogies to persuade jurors.

For further information on the program, please see the Colorado Bar Association's website.

With the new year upon us, consider improving upon your driving habits one of your resolutions for 2009. While we are all focusing on losing weight, getting more exercise and living healthier lifestyles, let us remember that safely operating a motor vehicle is imperative to living a healthy life. Sadly, last year, in Cook County alone, there were 409,716 vehicles involved in automobile crashes. Of those crashes, 348 people were killed and 44,874 people were injured. These are significant statistics. As we start the new year, please be more cautious when driving.

The next time that you get into your vehicle, consider the following safety tips:

- Always wear your seat belt;
- Make sure that your children’s car seats are safely installed;
- Avoid driving and speaking on your cell phone at the same time;
- Don’t drive drowsy;
- Ensure that your vehicle is well maintained;
- Don’t drive under the influence;
- Do not exceed the speed limit; and
- Don’t drive angry!

Best wishes for a safe 2009.

See these additional resources:

American Medical Association Tips for Safe Driving.
Illinois State Police Winter Driving Tips.

Continue reading " SAFE DRIVING SHOULD BE A PRIORITY FOR 2009 " »

In early December, the City of Chicago announced plans that it would be cutting back on plowing the city's streets, especially the side streets, in an effort to save money and decrease the amount paid in overtime.

This change in plans is a victory in favor of public safety. "This was public safety, and we screwed up bad," said Ald. Thomas Allen (38th), Transportation Committee chairman. " I'm not criticizing the attempt to make a change, but the attempt was a big flop, and now we are back to reality."

Neglecting to remove the snow is a recipe for disaster. Even when the roads are plowed and salted, snowy weather conditions can wreak havoc for motorists. This morning's snowfall caused a number of crashes on area expressways. Numerous crashes were reported on the Kennedy, Stevenson and Eisenhower Expressways. In northwest Indiana, state police said there were several crashes along Interstate Highway 65 in Newton and Jasper Counties.

Continue reading " CITY OF CHICAGO REVERSES SNOW PLOWING DECISION " »

A 38-year old man from St. Charles, Illinois was killed early Saturday morning in Monroe County, Wisconsin as a result of a snowmobiling accident. According to investigators, the snomobiler missed a curve, hit a tree and was thrown from the snowmobile. He was airlifted to a hospital in LaCrosse, Wisconsin where he later died from his injuries. The accident continues to be investigated by the Monroe County Sheriff's Department and the Wisconsin Deparment of Natural Resources.

Snowmobiling is a favorite winter activity of mine, but stories like this are all too common. Should you and your family decide to brave the elements this winter and go blaze the trails on a snowmobile, keep the following tips, courtesy of the Wisconsin Department of Natural Resources, in mind:

* Never consume alcohol or drugs before or during snowmobile operation. Drinking alcohol impairs judgment, slows reaction time and causes body temperature to drop at an accelerated rate, which increases the likelihood of hypothermia. Alcohol has been shown to be a contributing factor in most fatal snowmobile accidents.

*Slow down. Speed is a contributing factor in nearly all fatal snowmobiling accidents. Drivers should proceed at a pace that will allow ample reaction time for any situation. Drive at moderate speeds, and drive defensively, especially after susnset.

* Avoid traveling across bodies of water when uncertain of ice thicknes or water currents. Rapidly changing weather and moving water in streams and lake inlets also affect the thickness and strength of ice on lakes and ponds. Snow cover can act as a blanket and prevents thick, strong ice from forming.

* Dress appropriately. Always wear a helmet with goggles or a face shield to prevent injuries from twigs and flying debris. Wear layers of water-repellent clothing and make sure you have no loose ends that might catch in the machine or tangle in equipment.

* Stay on marked trails or, where allowed, on the right shoulder of the raod. Be alert for fences, tree stumps and stretched wire that may be concealed by snow.

* Never travel alone. Most snowmobile accidents result in injury - the most dangerous situations occur when a person is injured and alone. If you must travel alone, tell someone your destination, planned route, and when you will return.

* Carry a first-aid kid, flashlight, knife, compass, map and waterproof matches.

Play it safe this winter season in all your winter activities!

Continue reading " ILLINOIS MAN KILLED IN SNOWMOBILING ACCIDENT " »

A 30 or 31 year old female pedestrian was struck and killed by a vehicle while walking through a crosswalk early yesterday morning. The woman was hit at the intersection of West School Street and North Harlem Avenue on the northwest side of Chicago. The Major Accident Investigation Unit is investigating the incident.

The Federal Highway Administration recommends that pedestrians make themselves visible to drivers by wearing retroreflective materials and bright or light colored clothing. At nighttime, the FHWA suggests carrying a flashlight, not wearing headphones, and using extreme caution when crossing the street. Pedestrians should also avoid dangerous behavior and always walk on the sidewalk; if there is no sidewalk, walk facing traffic. Finally, pedestrians should cross streets only at marked crosswalks or intersections and obey traffic singals such as walk/don't walk signals.

Drivers should also be aware of pedestrians. The FHWA recommends that drivers scan the road and the sides of the road ahead for potential pedestrians, looking in all directions for pedestrians before making a turn, and not driving while distracted or under the influence of drugs or alcohol. Drivers should always stop or yield to pedestrians at crosswalks and when making right or left turns at intersections. The FHWA encourages drivers to drive the speed limit and avoid aggressive maneuvers and to always be prepared to stop for pedestrians, especially in residential areas and near schools.