Chicago Accident and Injury Lawyer Blog

“The rate of fatal occupational injuries for farmers and ranchers is 38.5 per 100,000 full-time workers, versus 4.4 for firefighters, and 13.1 for police and sheriff's patrol officers, according to U.S. Labor Department data for 2009, the most recent available.” Dangerous Jobs: You'll Be Surprised, Wall Street Journal, February 13, 2011

Surprising, right? We don’t typically associate farming with danger, but farming equipment can be hazardous to those working on farms, especially if the equipment is somehow flawed or misused. Here are a few other occupations with shockingly high rates of nonfatal occupational injuries and illness, requiring days away from work:

State Psychiatric Aides
Local Government Bus Drivers
Local Government Emergency Technicians and Paramedics
Private Tree Trimmers and Pruners
Local Government Nursing Aides, Orderlies and Attendants
Private Shuttle Car Operators
Local Government Dietitians and Nutritionists
Local Government House-Keeping Workers

It may be hard to believe that bus drivers actually have a higher rate of nonfatal occupational injuries and illness than police officers and firefights, yet reports suggest that this is due to the force and whole-body vibrations that bus drivers are exposed to on a daily basis.

Further, employees sitting at computers all day or assuming unnatural positions, like dental hygienists, may suffer back, neck and shoulder pain, which can become chronic. It is important that employees take breaks to stretch or take a short walk when possible.

The Chicago Sun-Times reported that at 3:30 a.m., the morning of February 23, 2011, three members of a Chicago family were killed on Interstate 65 in Kentucky, when a tractor-trailer struck their SUV. This is devastating news to our community. The investigation as to why the truck driver collided into the SUV is on-going.

Trucking safety is a large concern to the motoring public. The Federal Motor Carrier Safety Administration has reported that there were approximately 123,000 large trucks and buses involved in fatal and non-fatal crashes in 2009. People injured in trucking accidents can sue the truck driver and the commercial trucking company for damages including pain and suffering, medical costs, loss of income, disability and disfigurement.

One major area of concern when a truck crashes into a car, especially in the early morning hours, is whether the driver suffered from fatigue. Truck driver fatigue, which is typically caused by inadequate daily sleep, working too many hours, or driving while sick, substantially increases the risk of crashes that result in serious injury or death. With the trucking industry's notorious extended hours of operation, driver sleep deprivation has become a major concern in commercial trucking. The U.S. Department of Transportation attempts to regulate the time that commercial drivers spend driving and on-duty. See 49 C.F.R. § 395.3. By law, drivers are limited to 60 hours of compensated work in a seven-day period or 70 hours in an eight-day period. 49 C.F.R. § 395.3(b).

The causation standard in Federal Employers’ Liability Act (F.E.L.A.) cases has been known to be liberal since Congress enacted the Act in the early 1900s. Soon, the United States Supreme Court will review whether that standard is too lax when it considers McBride v. CSX Transp. Inc., 589 F.3d 388 (7th Cir. 2010). Specifically, the Supreme Court will address whether the FELA requires proof of proximate causation similar to the common law. Oral arguments and a Supreme Court decision on the issue are expected later this term.

In Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 506 (1957), the U.S. Supreme Court held "the test of a jury case [under the F.E.L.A.] is simply whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury or death for which damages are sought." Citing Rogers, the Seventh Circuit reiterated in McBride that a relaxed standard of causation applies under the F.E.L.A.

Unlike workers compensations laws, the F.E.L.A. requires that the railroad worker prove that the railroad’s negligence played a slight part in producing the railroad worker’s injury. As it stands, F.E.L.A. plaintiffs are not required to prove common law proximate causation. The F.E.L.A. plaintiff must only prove that his injury or death resulted in whole or in part from the railroad's negligence. To require railroad workers to provide proof of common law-like proximate causation will severely impact the otherwise broad remedial framework that the F.E.L.A. is meant to provide railroad workers.

Having recently secured a $1.5 settlement on behalf of an injured railroad worker, I am very interested to see how the Supreme Court will resolve this issue. According to the Federal Railroad Association, in 2010, there were nearly 4000 accidents involving on-duty railroad employees, which resulted in either injury or death. Raising the standard of causation in F.E.L.A. cases would conflict with the original intent of the F.E.L.A. – to eliminate common law barriers of recovery for railroad workers – and negatively impact railroad workers' safety and rights.

An interesting investigative piece out of the Boston Globe explains how the constantly-beeping monitors and other devices found in hospitals can negatively affect patients and staff. The article suggests that the incessant beeping of machines can cause “alarm fatigue,” numbing and desensitizing doctors and nurses to warnings and leading them to ignore serious and sometimes fatal medical issues.

The article provided a deadly example:

At one undisclosed US hospital last year, manufacturer Philips Healthcare, based in Andover, found that one of its cardiac monitors blared at least 19 dangerous-arrhythmia alarms over nearly two hours but that staff, for unexplained reasons, temporarily silenced them at the central nursing station without ‘providing therapy warranted for this patient.’ The patient died, according to Philips’s report to federal officials.

The non-for-profit organization ECRI Institute, which assisted the Boston Globe in its research on the issue, attributed over 200 deaths nationwide from 2005 to the middle of 2010 to monitor alarm problems. ECRI also acknowledged that hospitals in fact may underreport problems related to monitor alarms, finding 13 additional incidents in its own database.

How can you protect yourself and those you care about from becoming victim of alarm fatigue? The Boston Globe article advises: “patients and families … [should] ask nurses and doctors to explain what monitors are being used for, what types of alarms could sound, and which alarms they should be concerned about and which are minor.” You should also make sure that alarms are set to an audible decibel. In other words, be proactive.

It is crucial for families and friends of hospital patients to take the initiative to address areas of concern with hospital staff. Sadly, the critically ill are at the mercy of doctors and nurses who must make a better effort to deal with alarm fatigue before more patients experience untimely deaths. Moreover, the manufacturers of these devices must make a better effort to work out the flaws that cause unnecessary beeping and false alarms.

For the last four years, the non-for-profit ECRI Institute, an independent organization that researches the various ways hospitals and health care providers can improve patient care, has compiled a list of the top ten health technology hazards. ECRI Institute creates the list based on "the prevalence and severity of incidents reported to ECRI Institute by healthcare facilities nationwide; information found in the Institute’s medical device problem reporting databases; and the judgment, analysis, and expertise of the organization’s multidisciplinary staff." Sadly, many of these are instances where a patient goes into a hospital for treatment or a routine procedure, and then suffers a disabling or disfiguring injury.

The top ten health technology hazards for 2011 include:

1. Radiation overdose and other dose errors during radiation therapy. Overdoses of radiation therapy or other medication, for that matter, can cause serious and devastating health repercussions, even death.

2. Alarm hazards. Staff often turn down alarms or ignore them due to the many, constant and varied amounts of alarms that sound off in a hospital every second of the day.

3. Cross-contamination from flexible endoscopes.

4. The high radiation dose of CT scans. According to the Wall Street Journal Health Blog, many have become concerned with the increased risk of cancer from CT-related radiation.

5. Data loss, system incompatibilities, and other health IT complications.

6. Luer misconnections of tubes, needles and catheters allowing gases or liquids to be introduced into the wrong lines or via unintended routes.

7. Oversedation during use of patient-controlled painkillers pumps.

8. Needle sticks and other sharps injuries, putting patients at risk for infections.

9. Surgical fires.

10. Defibrillator equipment failures in emergency resuscitation attempts.

Continue reading " 2011's TOP TEN HEALTH TECHNOLOGY HAZARDS " »

The Chicago Sun-Times reported that a shocking 9,500 babies and toddlers visit emergency rooms each year due to crib-, playpen- and bassinet-related injuries. This information comes from a 19-year study out of the Center for Injury Research and Policy at Nationwide Children’s Hospital in Columbus, Ohio.

On average, 113 children die each year from these accidents, with two out of three injuries caused by falls. The Consumer Product Safety Commission (CPSC) has recalled more than 11 million dangerous cribs since 2007.

In fact, in December of 2010, CPSC approved new mandatory standards for full-size and non-full-size baby cribs, which promise to (1) stop the manufacture and sale of dangerous, traditional drop-side cribs; (2) make mattress support stronger; (3) make crib hardware more durable; and (4) make safety testing more rigorous. All cribs manufactured, sold or leased in the United States must comply with these standards beginning June 2011.

As a parent of a toddler, crib safety is very important to me. I have addressed my concerns with unsafe drop-side cribs many times in this blog, and I am encouraged that CPSC has agreed to enforce tightened federal crib standards. Parents and caregivers should stop using drop-side cribs immediately.

The Federal Railroad Administration investigators have determined that automated gates and warning devices at the railroad crossing at the 900 block of South Halsted Street in Chicago, had been disabled last Saturday due to a buildup of road salt that was interfering with electronic circuitry. The crossing was the scene of a crash involving two cars and a standing railroad car in the early hours of Monday, February 14, 2011. Four people were injured.

According to the Chicago Tribune, nearby residents had previously noticed problems with the crossing. Interviews by the Tribune revealed one of the injured reported: "There were no flares. There were no flashers. There was nothing."

Railroad crossings are dangerous and in approaching them, drivers must use the senses of sight and hearing in exercising a degree of care commensurate with the known danger. Hamilton v. Atchison, Topeka & Santa Fe Ry. Co., 175 Ill.App.3d 758, 760, 530 N.E.2d 268, 270 (3d Dist. 1988) (holding that a driver had a duty to exercise ordinary care and to look and listen for approaching train before crossing tracks, even when the gates may have been malfunctioning and remained down for 7 minutes).

Sometimes, however, circumstances exist that leave the driver unaware of the presence of a train. In fact, a stopped, unlit train can be just as dangerous as a moving one. Based on news reports, it seems that the February 14 automobile/railroad car crashes occurred in the dark, predawn hours and that the railroad car blocking the crossing was a large black tanker. The Tribune reported that preliminary reports suggest the railroad company had taken certain safety precautions on Monday morning as required by the federal "stop and flag'' rules. However, based on the comment by one of the injured, it appears that such safety precautions may not have been adequate.

Continue reading " INACTIVE RAIL-CROSSING WARNING SYSTEM CONTRIBUTED TO SOUTH SIDE CRASH " »

Dorel Juvenile Group (Dorel) and the National Highway Traffic Safety Administration have recalled approximately 800,000 child car seats sold throughout North America. The recalled car seats were sold under the brand names Cosco, Maxi-Cosi, and Safety 1st child restraint systems. The specific models affected were manufactured between May 1, 2008 and April 30, 2009, and include convertible child restraints Alpha Omega, Alpha Omega Elite, Enspira, Priori, Prospect, and Vantage; Infant child restraints Mico and OnBoard. More information regarding the affected models may be found on Dorel's website.

There is potential for the harness adjustment straps in the recalled products to loosen during use. If this were to occur, the harness may become loose around the child, and possibly increase the risk of injury in a crash. Parents and care givers who use these products should contact Dorel immediately to receive a remedy kit. In the meantime, all caregivers must make sure the car seat's harness is properly adjusted during use and the lock/release button is fully in the locked position to prevent injury to young children.

Continue reading " PARENT PATROL: CHILD CAR SEAT RECALL " »

Last week, the New York Times reported that a Maryland hospital had barred all picture-taking and video-recording in delivery rooms during the birthing process. The policy requires all cell phones in the delivery room to be powered off and permits picture taking only after the baby has been delivered and "the medical team has given permission" to do so.

Understandably, many parents were outraged by the new policy. The hospital, which instituted the policy to promote the health and safety of child and mother, also claimed it had become increasingly concerned with the privacy rights of its staff and their unwillingness to have their photo posted on proud parents' Facebook accounts.

There are no federal or state laws that specifically prohibit the taking of photographs and/or videos in hospital delivery rooms. There also are no national standards on the issue. Hospitals may institute these policies if they wish.

As an Illinois medical malpractice attorney, I know that much of the concern regarding taking photographs and videos in deliver rooms stems from the medical community's concern and paranoia over medical malpractice suits. Often, if there is a problem during delivery, the photographs and videos taken by parents could become important evidence during a malpractice lawsuit. This evidence would inevitably resolve the “he said/she said” disputes, which commonly arise in lawsuits. Although some hospitals and doctors embrace the transparency that comes with recording a birth, others fear that recordings will be used against them. In my opinion, parents should be able to record the birth of their child so long as it doesn't interfere with a safe delivery. A doctor or hospital's fear of a medical malpractice lawsuit is not a good reason for prohibiting recording in the delivery room.

"From 1999 to 2009, federal regulators received reports of 94 entrapments, including a dozen deaths, in pools, hot tubs and whirlpool tubs. A federal law passed in 2007, after a 7-year-old girl died in a hot tub, requires public pools and spas to install anti-entrapment drain covers certified as having passed safety tests at one of three approved labs."

This quote comes from an excellent investigative piece in the Chicago Tribune, which highlights faulty drain covers that have made their way into hot tubs and pools despite failed safety evaluations. According to the article, the Consumer Product Safety Commission has received complaints for two years regarding such drain covers. The agency is currently investigating whether testing procedures at independent labs allowed drain covers to be sold even though they fail to comply with federal law.

The Tribune identified a particular manufacturer -- AquaStar Pool Products Inc. -- who after knowing that its drain covers failed tests did not issue warnings to the public or recall the products. Consumers that own AquaStar products should contact the company and/or its distributors immediately.

Regardless of the manufacturer of a particular drain cover, anyone using a pool or hot tub should take steps to prevent entrapment in pools and spas, such as:

Keep children away from drains, pipes and other openings.

If you see a loose or broken drain cover, leave the water and let the owner know that the pool or spa should be closed until fixed.

Hire professionals to replace broken drain covers.

Make sure whoever services your pool secures all drain covers.

Always keep long hair tied back.

As the arctic breeze makes its way into the Chicagoland area again this week, weather conditions will continue to demand that everyone using the roadways remain on high alert.

Particularly, the large piles of snow in turning lanes and entrances/exits to driveways and businesses have created an unusually high number of dangerous blind spots for drivers attempting to turn onto and off of roadways. However, drivers must be aware that an inability to see on-coming traffic may not be an excuse for causing a car crash.

Despite the large snow piles that can potentially block a driver's line of vision, there is an expectation that drivers will maintain a look out for other drivers and pedestrians. In Illinois, the law requires all drivers to act reasonably, stop and not proceed blindly, particularly where pedestrians are likely to be crossing.

Continue reading " PROCEED WITH CAUTION AROUND LARGE SNOW PILES " »

We've all done it. Walked into a crosswalk while looking at our cell phone or iPod. With much attention placed on distracted drivers lately, it’s no wonder that lawmakers have begun to set their gaze upon the distractions that pose dangers to pedestrians and bicyclists, namely cell phones, iPods, and other hand held devices. Specifically, New York, Oregon, Virginia and California have bills pending that ban the use of mobile phones, iPods or other electronic devices by pedestrians and bicyclists while crossing streets. Will Illinois be next?

In Illinois, anyone driving a motor vehicle anywhere has a duty to maintain a proper lookout for pedestrians, other vehicles or any other obstacle in the vehicle's path. Alexander v. Yellow Cab, 241 Ill. App. 3d 1049, 609 N.E.2d 921 (5th Dist. 1993).

An Illinois “pedestrian” is statutorily defined as “[a]ny person afoot, including a person with a physical, hearing, or visual disability.” 625 ILCS 5/1-158. Others, who may not seem to be “afoot,” are considered pedestrians for the purposes of litigation. For example, people using motorized wheelchairs are treated as pedestrians (625 ILCS 5/11-1004.1), as well as people wearing roller skates, using a pushcart, and riding skateboards.

With or without a law governing this issue in Illinois, it is a good idea to remain alert when crossing the street and/or riding a bicycle. It’s not the time to check your phone or become too absorbed in the music on your iPod.

Although hardly mentioned, President Obama indicated during his State of the Union address last week that he is “willing to look at other ideas to bring down [health care] costs, including one that Republicans suggested last year -- medical malpractice reform to rein in frivolous lawsuits.

What does that mean? To some, it means nothing. To big business, it is a “step in the right direction.” To patients, it can be their worst nightmare. Proposals like across-the-board caps on compensation for patients injured by medical negligence and non-economic damages caps leave injured patients with out recourse at a time when they need it most.

Let’s be clear here. As a personal injury attorney, I am no more a fan of frivolous lawsuits than the President, Republicans or any other prudent-minded attorney. This is something we agree upon; however, tort restrictions or caps on damages will never weed out frivolous suits. In the end, medical malpractice reform will cause the seriously injured to suffer more by removing avenues for legal recovery and limiting accountability for the negligent acts of doctors and hospitals.

Our court system currently possesses the power to dismiss frivolous lawsuits. In Illinois, for example, a plaintiff bringing a medical malpractice action must file a report from a health care professional attesting to the merit of the plaintiff's claims, pursuant to 735 ILCS 5/2-622. The report is generally filed at the time the complaint is filed. If a plaintiff cannot find a health care professional to attest to the merits of the claim, the case will be dismissed.

According to the Center for Justice & Democracy, the probable health care savings-costs related to medical malpractice reform are extremely minimal – no more 0.5 percent savings. Medical negligence kills nearly one hundred thousand people yearly and injures ten times more, costing the economy tens of billions of dollars annually.