Chicago Personal Injury Attorney Blog | Illinois Truck Accident Lawyer | Cook County Brain Injury Law Firm

Series of Mistakes Leads to Girl's Death, Probable Settlement

2012-02-16T15:03:00Z

The family of a 13-year-old girl who died en route to the hospital may finally see some justice. They are in line to receive a wrongful death settlement of $1.75 million that is expected to be approved by the Chicago City Council's Finance Committee. The death, according to the family's attorney, was the result of a series of errors by paramedics.

]]> First mistake: Arielle Starks was having an asthma attack. When the Chicago Fire Department (CFD) ambulance arrived, the paramedics intubated her - through the esophagus that leads to the stomach rather than through the trachea that goes to the lungs - but she received no benefit and continued to be unable to breathe.

Second mistake: The paramedics disregarded a CFD standing order involving intubation: if there is no improvement in the patient's breathing after intubation, paramedics are supposed to check in the patient's mouth to determine if the tube was placed correctly. Had the paramedics done that, they would have been able to correct the first mistake.

Third mistake: The ambulance was involved in a minor accident en route to the hospital. The paramedics chose to obey a standing order that requires city officials to remain on the scene if they are involved in an accident that includes property damage. They remained at the scene even though Arielle's condition was clearly worsening and there were no injuries. Another ambulance arrived to pick up Arielle and transport her to the hospital, where she was pronounced dead.

The family's attorney said, "In the United States, children do not die from asthma. It's just that simple. I would categorically say there is no reason why this girl's asthma should have killed her. She should have been back at school and back playing with her friends the next day."

Source: Chicago Sun-Times, "Paramedics' alleged mistakes in girl's death likely to cost taxpayers," Feb. 14, 2012.

DUI Accident Kills One, Injures Trooper

2012-02-14T15:03:00Z

Drunk driving accidents often cause catastrophic injury or death because of the high speed at which they occur. A tragic example of a DUI accident occurred in the Chicago area on February 11. A drunk driver smashed into a police car that was blocking two lanes on the Eisenhower ( I-290) near Addison. The police car, which had its emergency flashers on, had responded to a call after an SUV was involved in a minor accident on eastbound I-290. The state trooper and the driver of the SUV were sitting in the squad waiting for the tow truck and for the SUV driver's girlfriend to pick him up.

]]> The police car was hit by a 2010 Impala driven by Daniel Clark. The SUV driver was killed and the trooper was injured. Clark has been charged with one count of aggravated DUI involving a fatality and one count of aggravated DUI involving great bodily hard. He is being held in DuPage County on a $1 million bond.

By the time the victim's girlfriend arrived, both men had been transported to area hospitals. The trooper was treated and released. The SUV driver was pronounced dead at Elmhurst Memorial Hospital shortly after 2 AM.

Source: WSBT, "$1 million bond for driver in Ike crash that killed man, hurt trooper," Feb. 11, 2012.

Crash With Police Cruiser Sends Woman to Hospice in Illinois

2012-02-09T15:03:00Z

An 87-year-old women seriously injured in a September crash with a Lake City, Florida, police cruiser has been moved into hospice care. She was injured when her car was hit by a Lake City Police vehicle as she attempted a turn from U.S. 90. After being under medical care since the accident, she was recently moved to a rehab facility in Cahokia, Illinois, to be closer to her sister.

]]> The police officer involved in the accident, was driving his Crown Victoria at 76 mph without lights and without activating the siren. The Florida Highway Patrol said that the officer was not en route to a call. He pleaded not guilty to speeding and failing to use a seatbelt. The officer faces $278 in fines if convicted of these traffic violations. He could also have his license suspended. If this occurs, he will be fired, according to the city manager of Lake City.

However, the state declined to file criminal charges. An assistant state's attorney noted that there was not enough evidence to support a charge of reckless driving. The officer is receiving Florida Workman's Compensation benefits.

Source: Lake City Reporter.com, "Woman injured in crash with police cruiser now in hospice", by Tony Britt, Feb. 7, 2012.

Wrong Way Accident Kills Four

2012-02-07T15:03:00Z

A wrong-way fatal car accident early Monday illustrates the importance of paying attention to road signs. Apparently a driver trying to make an illegal u-turn on the median instead made a three-point turn, sending him and his passengers the wrong way on Interstate 80 near Kedzie Avenue in Hazel Crest, just west of the Tri-State Tollway (I-294).

]]> The driver used a cut through on the median intended for emergency vehicles and crashed head on into a 1999 Ford Escort station wagon. The driver of the Escort was almost certainly killed instantly, according to police. Investigators suspect that the driver was impaired - he and his three passengers, two of whom were killed in the accident, had recently left a club in Harvey where they had been drinking. The accident occurred around 2:30 AM on Monday.

There have been other wrong-way incidents in the Chicago area recently. Last week, a suspected drunken driver drove his Jeep the wrong way nearly six miles on the Stevenson Expressway. Four people were left in critical condition when the Jeep slammed into another car on the ramp from Lake Shore Drive to the Stevenson around 5 AM.

In December, another driver drove north in the southbound lanes of the Edens from Elston Avenue to Glencoe. No other vehicles were hit and no one was injured in that incident, also the result of drunk driving.

Source:CBS-Chicago, "4 Killed On I-80 When Wrong-Way Driver Hits Car Head-On," Feb. 6, 2012.

Nursing Home Falls Lead to Lawsuit

2012-02-02T15:03:00Z

A wrongful death lawsuit has been filed against a downstate nursing home alleging that Granite City Nursing and Rehabilitation Center allowed a patient to fall multiple times, causing his untimely death.

Carl Bonner, Sr., became a nursing home patient in January of 2010. According to his family, the nursing home knew that he had a brain injury that caused him to fall and that required supervision and assistance to prevent falls.

]]> The lawsuit charges that the nursing home did not properly care for Mr. Bonner and allowed him to experience a large number of falls while residing at the facility. Some of the falls resulted in head injuries that led to swelling and bleeding into his brain. He eventually experienced a severe head injury that required hospitalization. He died there on August 4, 2010, after about a week of hospitalization.

In addition to the lax supervision that allowed him to fall repeatedly, the lawsuit claims that the facility also failed to treat injuries from Bonner's falls in a timely way. The lawsuit, which seeks more than $100,000 in damages, claims wrongful death, negligence and violations of the Illinois Nursing Home Care Act.

Source: The Madison Record, "Granite City Nursing and Rehabilitation Named in Suit," by Andrea Dearden, 1/23/2012.

Driver With Many Suspensions Kills Another in an Indiana Car Crash

2012-01-31T15:03:00Z

A driver who killed a man in a December 30 car crash while driving in Munster, Indiana, turns out to have had his license suspended at least seven times in the past eight years. The 24 year old driver hit and killed a man who was out buying bread and milk. The victim, a 61 year old truck driver, leaves a wife, two children and grandchildren.

]]> Michael Temores has had 31 convictions on more than 100 violations since 2003. He also has been arrested twice for drunk driving. In one case, he pled guilty, and the other was resolved with a plea agreement that gave him a reckless driving, rather than a drunk driving conviction.

An attorney for the family says that Temores may have been at a lounge prior to the accident. He is now facing charges of operating while intoxicated causing the death of another person.

Temores is now facing more charges including operating while intoxicated causing the death of another person. The total number of charges is currently at 18.

The family of the deceased believes that the driver should not have been driving and that his license should have been suspended. Temores is due back in court on March 7.

When Temores moved to Munster from Highland, police were so concerned about his driving record that they notified Munster law enforcement. They also enlisted the aid of the Lake County prosecutor's office so that Temores' latest ticket would not be dismissed.

At the time of the accident, Temores was driving on a restricted license that was supposed to limit his driving to commuting to and from work. The chief of the Highland police department, George Georgeff, observed that Temores' case was one of the worst he'd seen in his 30 years of law enforcement.

Source: ABCNews, Chicago, "Man in fatal crash had license suspended 7 times," Jan.26, 2012.

Confusion After High Rise Fire: Who's in Charge Here?

2012-01-26T12:03:00Z

A recent fatal fire in a Lake Shore Drive high-rise underscores confusion over fire safety laws. A 32 year old woman stepped off the elevator on the 12^th floor and was met with a roaring inferno, estimated to be at 1500 degrees. In addition, several others were hospitalized with burns and smoke inhallation.

And this reveals one of the many issues arising from this fire. Modern buildings are required to have fire sensors on every floor and in the motor room that will prevent elevators from operating. The 21-story building was thought. to have been constructed in the 1950s and was not required to abide by Chicago's safety code, established in 1975.

]]> In addition to not having the elevator sensors, the building was found to have more than a dozen violations, including lack of a sprinkler system. However, it's the elevator sensor that has triggered a dispute between the state and the city of Chicago.

The state fire code requires sensors that detect fire and return all elevator cars to the ground floor. The city exempts all buildings constructed prior to 1975 - the year the city safety code was enacted. Similarly, older buildings are exempted from sprinkler system requirements. The state fire code has required sprinkler systems in all high-rise buildings, regardless of age, since 2002.

The dispute continues, with some cities in Illinois adhering to state fire laws while others, such as Chicago, contend that their safety codes are actually stronger.

Source: MSNBC, High Rise Fire Citations Pit City vs State, by Phil Rogers, 1/19/2012.

Nail Gun Injury Leaves Man Unscathed

2012-01-24T12:03:00Z

A freak accident that could have resulted in serious or fatal brain injury appears to have had no lingering consequences. An Orland Park man thought he had hit himself in the head with his nail gun while working in his garage. He even took a picture of what he called a minor scratch with his cell phone.

]]> It turned out, however, that he had shot a 3 ½ inch nail into his brain. His injury was discovered when he went to the hospital the next day complaining of nausea and a terrible headache. The surgery has left him with a mesh patch and titanium plate in his head, but that may be all. Surgeons report that the damage to the brain tissue was minimal. So far, there is no evidence that he has lost any function, vision or memory as a result of the accident.

The intrusion of the nail into the brain was not accompanied by fragments, often the real cause of damage in such accidents. Moreover, the nail's flat head kept it from going too deep and moving around once in the brain. Although it is possible that some loss of function may develop later, the prognosis right now is very positive.

His surgeon said, "I can't wrap my brain around the fact he had a nail in his (brain)."

Source: Chicago Tribune, "Nail Removed from Man's Head," by Peter Nickeas and Andy Grimm, Jan. 20, 2012.

Illinois Receives Good Highway Safety Ranking

2012-01-19T15:03:00Z

The Advocates for Highway & Auto Safety recently released their annual report, identifying the laws that are needed in each state to improve highway safety and reduce traffic accident injury and death. Illinois ranked relatively well, with only three areas of concern noted.

]]> According to the Advocates, Illinois needs an all-rider motorcycle helmet law, a minimum age of 16 to obtain a learner's permit, and stronger nighttime restriction provisions. In contrast, Indiana, while improving, still has gaps in its safety provisions. The Advocates pointed to the need for laws regarding graduated driver's licenses, an all-rider motorcycle helmet law, an ignition interlock requirement for drivers convicted of drunk driving, a child endangerment law and several others.

Other neighboring states, including Iowa, Kentucky and Wisconsin, had deficits similar to those in Indiana. However, none of the states in the region were counted among the eight states in the United States listed by the Advocates as being dangerously behind in the adoption of key safety laws.

Source:Advocates for Highway & Auto Safety, "9TH ANNUAL ROADMAP TO STATE HIGHWAY SAFETY LAWS", Jan. 2012.

Lawmakers Stepping Up Efforts to Improve Pedestrian Safety by Limiting Headphones and Other Devices

2012-01-17T18:03:00Z

A Chicago lawmaker has proposed banning cell phones while bicycle riding. A New York legislator has offered a bill that would prohibit using cell phones and MP3 players while crossing streets. What's going on?

]]> A new study by researchers at the University of Maryland shows that pedestrian fatalities from traffic accidents have increased among young people using headphones, whatever device they are attached to. Since 2004-2005, injuries and fatalities associated with using head phones have trippled, and lawmakers are taking notice.

It's not just New York and Chicago. Oregan legislators are considering a bill that would prevent bicyclists from using mobile phones and music players. A Virginia bill would keep such riders from using any "hand-held communication device." California has already passed a law prohibiting text messaging and using hand-held phones. One legislator has tried to get a bill passed that would fine bicyclists $20 for using devices that distract them from navigating.

Source: ABC News, "Distracted walking injuries and deaths increasing", Jan. 16, 2012.

Being Lost Causes Truck Accident

2012-01-12T12:03:00Z

A downstate Illinois truck accident shut down traffic on I-57 and I-70 for 25 miles on Monday afternoon. Two semi trucks hauling modular homes on I-57 missed their exits and end up at the construction zone west of Effingham on I-70. The first truck hit a concrete construction barrier, blocking the roadway entirely. State police reported that the truck drivers were lost.

]]> Traffic behind the trucks was forced to drive backward to the I-57/I-70 split. A truck in the stalled traffic was unable to back up because it was pulling two trailers. A tow truck finally extricated the semi, but the congestion became much worse as a result.

Traffic was re-routed along U.S. 40 and U.S. 45 for four hours and state police were enlisted to direct the unusually heavy traffic on these smaller roads. Entrances to the Interstates were blocked until the wedged trucks were cleared. The congestion on the roads worsened because a truck on U.S. 40 broke down.

Although the accident caused no injuries, it illustrates two important factors in any motor vehicle crash. First, being lost increases the chances of a crash. Second, accidents have a ripple effect, and frequently cause additional problems with traffic or even subsequent crashes.

Source: Effingham Daily News, "Accident closes interstates", by Samantha Newburn, Jan. 10, 2012.

Montana Bus Crash Illustrates Importance of Black Box

2012-01-10T09:03:00Z

A bus accident in Montana illustrates the importance of the black box. Police and traffic safety officials throughout the United States and Illinois routinely review the data contained in the recording devices installed in many commercial vehicles, such as buses and trucks. The devices store data such as speed, use of brakes, impacts and other information that can pinpoint how and why a public transportation accident took place.

]]> The accident occurred on January 9^th, when a Rimrock Trailways bus hit a patch of ice and rolled over. Two passengers were killed and 32 others were injured. The accident took place on Interstate 90 and left eight people in critical condition.

The data downloaded from the black box will help determine whether the driver was negligent. In most accidents involving icy roadways, the driver has been found to be travelling too fast for existing road conditions. The speed limit is 75 MPH on the stretch of I-90 where the accident occurred, near Clinton. However, travelling at this speed on an icy highway could constitute negligence; drivers are responsible for adjusting their speeds to road conditions such as rain, snow, ice, construction debris or other hazards on the road.

Police responded that morning to seven other accidents within ten miles of the bus crash, including one in which a semi-truck rolled over. The bus company had not had a fatal accident for 27 years prior to the accident on Sunday.

Source:Pantograph.com, "Police turn to black box in Montana bus crash", Jan. 9, 2012.

Slip and Fall Could Result in Brain Injury

2012-01-05T15:04:00Z

Falling on ice and snow is part of winter in the Chicago region. However, most people do not anticipate that a fall on an icy sidewalk or driveway will leave them with a brain injury. However, it does happen, and some hospitals make special preparations for people whose injuries include head and brain injuries because of a slip and fall.

]]> At the Advocate Good Shepherd hospital in Barrington, Dr. Joseph Giangrasso adds extra emergency room staff after a heavy snowfall or ice storm. He notes that most slip and falls result in broken wrists and arms because people naturally put their arms out to catch themselves when falling. However, head and brain injuries also occur.

He urges people to come into the hospital after a fall, even if no bones are broken. This is especially important if they black out after hitting their heads, or if they have garbled speech, dizziness, inability to move a limb or blurred vision. All of these could be signs of a brain injury.

Another common cause of wintertime slip and falls is wet floors indoors because people track in snow that melts and creates serious hazards in commercial spaces such as stores and malls.

Source: Northwest Herald, "Avoiding winter wipeouts", by Joseph Bustos, Dec, 27, 2011.

New Seat Belt Law Aimed at Reducing Injuries and Fatalities

2011-12-31T18:03:00Z

Passengers in the rear seats of cars will be required to wear seatbelts as of January 1, 2012. Like unrestrained passengers in front seats, back seat riders involved in accidents can suffer head and brain injuries, as well as chest and abdominal trauma. The new seat belt law, applicable throughout Illinois, is designed to reduce severe injuries and fatalities among passengers.

]]> The law will allow police to stop cars if they spot unbuckled passengers. Fines will start at $25, but could go up, depending on the circumstances and court costs. There are some exemptions, including waivers for people with shoulder and collarbone injuries.

The Centers for Disease Control (CDC) estimates that seat belts reduce injuries and fatalities as much as 50 percent. However, millions of people neglect to wear seat belts every day. The new law, says Lt. Tim McCormick, of the Orland Park Police Department, will reduce the number of excuses people have for not wearing seat belts.

New Lenox police Deputy Chief April DiSandro said that the law makes sense. " If you have to be belted in the front seat, why not the back?"

Source: Herald News, "Back-seat riders required to buckle up starting Sunday", by Donna Vickroy, Dec. 27, 2011.

Infant Death Probably Not Due to Formula, Says Coroner

2011-12-29T15:03:00Z

Although an Illinois coroner has said that a recent infant death does not appear to be linked to baby formula, he still wants some more tests. Madison County coroner Steve Nunn reported that there was no physical evidence of infection in the baby. However, because of concerns that contaminated formula could cause infections, he is seeking additional lab work before conclusively ruling out formula as the cause of death.

]]> After a 10-day old Missouri boy died of a rare bacterial infection apparently caused by contaminated formula, several retail chains, including Walmart, Supervalue and Walgreens, have pulled Enfamil Newborn from their shelves. Although authorities have not absolutely identified the source of the bacteria, cronobacter sakazakii, it is frequently found in dried milk.

Deaths related to cronobacter sakazakii occur only once or twice each year in the United States. In addition to being associated with dried milk, this type of bacteria is also found in wheat and other cereal grains.

Source: salon.com, "Baby Formula Scare Spurs Ill. Child Death Review", Dec. 23, 2011.