Illinois Personal Injury Blog

Toyota Recall - Unintended Acceleration Caused by Floor Mats

Jamie G. Goldstein — Thu, 03 Dec 2009 13:38:02 GMT

A recently announced recall by Toyota brings to light the potential for serious injuries and death to millions of Americans. Toyota has determined the floor mats in several Toyota and Lexus vehicles, including, the 2007 - 2010 Camry, 2005-2010 Avalon, 2004-2009 Prius, 2005-2010 Tacoma, 2007-2010 Tundra, 2007-2010 ES350, 2006-2010 IS250 and the 2006-2010 IS350 can lead to unintended acceleration in the vehicles. The floor mats appear to become trapped where the accelerator is located causing the car to suddenly accelerator without any warning to the driver. There have already been many collisions potentially related to this recall.

If you own a vehicle listed in the recall, your vehicle should be fixed by an authorized dealer, however, dealers may not be able to fix your vehicle until early 2010. Toyota is advising owners of effected vehicles to take out driver side floor mats in these vehicles until they are able to have the problem resolved.

If you or someone you know has been injured as a result of unintended acceleration by one of the vehicles listed in the recall, you may have a right to be compensated for your injuries. To find out more about your legal rights, contact an attorney.

Originally posted at InjuryBoard by Jamie G. Goldstein

8 vehicle truck accident in Monee leaves one dead

Barry Doyle — Fri, 27 Nov 2009 16:54:18 GMT

A recent accident on I-57 has demonstrated, yet again, how dangerous semi-trucks can be. According to ABC 7 News:

One person is dead and at least two others injured in an accident involving eight vehicles in south suburban Monee.

It happened Friday night in the northbound lanes of I-57 near the Monee-Manhattan Road exit. Preliminary reports say the collision occurred after a semi-truck tractor trailer failed to observe a traffic stop.

Given that this accident was caused by the truck's failure to observe a traffic stop, it certainly makes one wonder why the truck driver wasn't paying attention. It is possible that driving fatigue affected the driver's ability to pay attention, since truck driver fatigue is a common cause of accidents on the road.

While the specific cause of the accident is still unknown, this story should serve as a grim reminder of the dangers associated with semi trucks. After all, this accident involved only one moving vehicle, and yet at least three people were seriously injured. We all have a responsibility to be safe on the road, but truck drivers have even more responsibility due to the size of their vehicles, and we need to be conscious of this fact while we are driving.

Originally posted at InjuryBoard by Barry Doyle

Glen Ellyn youth hockey tournament evacuated due to carbon monoxide poisoning

Barry Doyle — Thu, 12 Nov 2009 22:46:25 GMT

Carbon monoxide is a deadly gas that can cause serious short and long-term health problems. Unfortunately, the danger is even more serious since the gas has no smell, taste, or color to identify it by, so people can be exposed to it for long periods of time without realizing that anything is wrong.

A recent accident at an Illinois ice-rink only further illustrates the dangers of carbon monoxide poisoning, and the need for increased safety measures concerning the gas. According to the Chicago Tribune:

Thirteen people were taken to area hospitals after they were overwhelmed by carbon monoxide fumes at [an ice rink] near Glen Ellyn, according to the Glen Ellyn Volunteer Fire Company.

Another 29 were treated at the scene and released. None of the injuries was considered serious.

Fire crews responded to the ice rink about 5:30 p.m. after a number of people complained of headaches, dizziness and vomiting, fire spokesman Craig Eldridge said.

Several hundred people were inside the rink for a teen ice hockey tournament, he said.

As of now, the cause of the carbon monoxide leak is still unknown.

While early reports do insist that all those affected by the gas are only suffering short-term affects, it is important to be aware of the long-term health effects of carbon monoxide poisoning.

Carbon monoxide works by changing the level of oxygen in the bloodstream, which results in cellular death and organ damage. The most serious affect of carbon monoxide poisoning is death, which can occur gradually or within minutes, depending on the concentration of the fumes being inhaled. The symptoms of carbon monoxide poisoning include:

Red colouration of skin due to lack of oxygen

Shortness of breath

Nausea and vomiting

Headaches

Dizziness

Fatigue

Light-headedness

Weakness

Muscle fatigue and general fatigue

Chest pain

Loss of consciousness

Short of death, carbon monoxide poisoning can also cause long-term damage to the brain, which thus cause memory, coordination, and vision impairment; headaches; and behavioral and personality changes. Carbon monoxide can also have an adverse affect on other parts of the body, such as the heart and bladder. While many of these symptoms may wear off after long periods of time, damage to the brain and some other organs is often permanent.

The silver lining in this ice-rink incident is that there were many people that all experienced the same symptoms at the same time, which alerted authorities to the problem relatively quickly. Since carbon monoxide is a "silent killer", many people often are killed by it simply because they were exposed to for long periods of time it in their home without realizing it. They write off the symptoms of headaches or nausea as being incidental, never knowing that these are warning signs of a much graver issue.

If you begin to experience any of the symptoms of carbon monoxide poisoning, or if multiple members of your household start experiencing these symptoms, you should immediately get your house checked for a gas leak. It is difficult to do on your own, but a professional will be able to help you. It is also important for you to educate your friends and family about the dangers of carbon monoxide poisoning, so they can help themselves, and then pass the knowledge on. Knowledge is power, especially against a "silent killer" like carbon monoxide.

Originally posted at InjuryBoard by Barry Doyle

Nursing Homes & Felons: A Dangerous Mix

Kristina Labanauskas — Mon, 09 Nov 2009 16:33:00 GMT

Mentally ill criminals and others on society's fringes housed in nursing homes pose a threat to other residents, especially if they are not carefully assessed, treated and monitored.

In January, 21-year-old Christopher Shelton allegedly raped a 69-year-old woman in her own room. Both were residents at Maplewood Care in Elgin, one of 13 nursing facilities in which Bryan Barrish and Michael Giannini, longtime nursing home executives, have either an ownership stake or consulting role.

Those facilities hold just over 2 percent of the state's nursing home population, the most recent state records show, but they include nearly 10 percent of Illinois' mentally ill nursing home patients and, as of June, almost 6 percent of the 3,000 felons living in the state's nursing facilities.

Shelton was diagnosed with bipolar disorder and had been shuttled between jail cells, psychiatric wards and shelters until nursing facilities became home. After being paroled from prison for a 2004 aggravated battery conviction, Shelton continued down a destructive path. He was arrested at least half-dozen times more, and in 2008 he was arrested three more times on alleged offenses including punching a man in the face at a West Chicago nursing home in which he was living. In November of last year, he requested to be readmitted to Maplewood Care in Elgin, where he had lived earlier in 2008 until he was removed and jailed on prior battery charges.

According to a state health department investigation, Maplewood did not adequately check Shelton's criminal background. However, Barrish and Giannini said the facilities assign professionals to thoroughly assess the risks that younger mentally ill criminals may pose to other residents and don't admit anyone considered a danger to others.

In late June, Maplewood Care held 15 felons among its roughly 200 residents.

About half the population was younger than 65, and more than 40 percent had a primary diagnosis of mental illness, according to the most recent figures on the state public health department's Web site.

Shelton now awaits trial on charges of aggravated criminal sexual assault. The woman no longer lives at Maplewood.

Originally posted at InjuryBoard by Kristina Labanauskas

Employers may be liable for Drivers’ Multitasking

Kristina Labanauskas — Fri, 11 Sep 2009 15:37:47 GMT

It should come as no surprise that the use of personal electronic communications devices while driving is unsafe. In fact, a recent report reveals that driving while using hands-free cell phones and other communications devices is nearly as unsafe as driving while using hand-held devices.

Many state laws and local ordinances governing the use of electronic devices while driving expose employers to new liability, which can be considerable.

To date, no state entirely bans using cell phones, but thus far six states ban hand-held cell phone use and 17 states and the District of Columbia ban text messaging for all drivers.

A lawyer could use the violation of a local ordinance as evidence of negligence to prove that the employee, and therefore the employer, is liable for the accident. A lawyer might also seek some sort of punitive element as well because legitimate studies link electronic device use to accidents.

In a perfect world, ordinance or not, drivers would completely refrain from texting or talking while driving to ensure their own safety and the safety of others on the road. But, for their own protection, employers should consider having a policy for employees using a company vehicle to abide by all applicable laws and rules of the road. Thus, if an accident happened, the employee would arguably be acting outside of the scope of their employment, and the employer would therefore not be liable. Additionally, if someone violates state law while working, that could potentially be grounds for discipline or termination, which is a useful deterrent.

Originally posted at InjuryBoard by Kristina Labanauskas

Serious Side Effects Including Death Related to Yas and Yasmin Birth Control Pills

Jamie G. Goldstein — Thu, 10 Sep 2009 11:44:46 GMT

Most prescription medications, if not all, come with their share of side effects. Recently, however, one prescription has been noticed in both the medical and legal community for the extensive side effects that it has caused. The birth control pill Yaz or Yasmin has now been linked to blood clots, pulmonary embolism, stroke, heart attack, gallbladder problems and other injuries. There are of course milder side effects that are perfectly normal, such as a decrease in sex drive, headaches, decrease in appetite, nausea, and weight gain. However, if these side effects persist, or begin to develop in more serious symptoms, then seeking medical and legal help is not only the intelligent choice, but should be made quickly after these symptoms begin.

Yaz is also catching flak in the legal community for a misleading and false advertising campaign. This false advertising campaign has caused many women to face irreversible side effects, triggering multiple federal law suits. The Yaz campaign made false claims about the drugs benefit to it’s users, and also shielded the advertisements from discussions of the serious side effects such as blood clots. As a result of these ad campaigns women began taking the pill without full knowledge of the health risks that were associated with the drug.

The reason why Yaz is causing such life threatening injuries to women is that the drug contains a synthetic type of progestin labeled as drospirenone. Drospirenonne is a progestin that leads to hyperkalemia, a condition that is triggered by excessive amounts of potassium in the blood. This build up is one of the many causes of the Yaz side effects such as heart attacks, stroke, and deep vein thrombosis.

With the false advertising and dangerous elements contained within the Yaz birth control medication, many women are finding these side effects serious and in need of medical attention. Medical attention that should be compensated by the company, Bayer, who produced Yaz and the Yaz advertising campaign. If you, or anyone you know, is taking the Yaz birth control medication and suffering from these side effects, please contact legal and medical support immediately. Being safe begins with being informed.

Originally posted at InjuryBoard by Jamie G. Goldstein

Iowa Ranks Number One for Workers' Compensation System

Margaret Embry — Mon, 31 Aug 2009 16:57:50 GMT

The 2009 State Report Card for Workers' Compensation was recently released and Iowa ranked Number 1, according to the Des Moines Register. This rank means that the state's system is the most effective system in the nation, as evaluated by the Work-Loss Data Institute in California. The Work-Loss Data Institute uses data provided through the U.S. Occupational Safety and Health Administration to rank states.

The ranking is based on incidence rates, cases missing work, median disability duration, delayed recovery rate and a key condition of low back strain through 2006.

Minnesota was ranked second and also received an A-plus grade. The bottom ranks went to Wyoming, Rhode Island and New York and Illinois received the lowest rank.

Originally posted at InjuryBoard by Margaret Embry

$1 Billion Workers' Compensation Lawsuit Against AIG Dismissed

Margaret Embry — Mon, 31 Aug 2009 16:43:03 GMT

Judge Robert Gettleman of the U.S. District Court in Chicago dismissed a federal lawsuit against American International Group Inc (AIG) on August 20th, according to Reuters. The lawsuit accused AIG of fraudulently shortchanging state workers' compensation pools out of more than $1 billion.

The lawsuit was dismissed due to the National Council on Compensation Insurance Inc. (NCCI's) lack of standing to sue AIG on behalf of hundreds of insurers in its National Worker Compensation Reinsurance Pool.

Many states require firms that sell workers compensation insurance to also fund pools to cover injuries for workers at companies that cannot obtain coverage on the open market, in some cases because their jobs are too risky.

Citing a New York state investigation and an internal AIG probe, Judge Gettleman said that for several years the insurer had understated workers compesation premiums to evade required payments, which resulted in at least $60 million of unlawful annual benefits.

Even with the dismissal, Judge Gettleman did not absolve AIG of potential claims by insurers that take part in such pools. Because of this, many are pursuing claims that seek class-action status in a separate lawsuit.

A spokesperson for the board of the National Workers Compensation Reinsurance Pool, said the insurers plan to keep pursuing their claims "to remedy AIG's admitted wrongdoing (and) to obtain a full and fair accounting by AIG."

The case is National Council on Compensation Insurance Inc v. American International Group Inc et al, U.S. District Court, Northern District of Illinois (Chicago), No. 07-2898.

Originally posted at InjuryBoard by Margaret Embry

Scion Vehicles Recalled By Toyota

Chrissie Cole — Wed, 26 Aug 2009 19:29:00 GMT

Toyota announced a recall of more than 94,000 vehicles due to a possible brake malfunction.

The recall involves 2009 and 2010 Toyota Corolla and Corolla Matrix vehicles and some 2008 and 2009 Scion xD vehicles.

For vehicles equipped with 1.8-liter engines, condensed moisture may seep into the brake system and freeze in low temperatures, potentially causing ice accumulation and weakening the power-assist to the brakes.

Toyota owners in 19 states will receive recall notices beginning in September and include: Alaska, Colorado, Idaho, Illinois, Iowa, Kansas, Maine, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New York, North Dakota, South Dakota, Vermont, Wisconsin and Wyoming.

Originally posted at InjuryBoard by Chrissie Cole

Giving Back - Nintendo Wii Finds a Home at Helping Hand Rehabilitation Center

Jamie G. Goldstein — Mon, 17 Aug 2009 15:53:14 GMT

Today I was fortunate enough to be able to take the time to give back to the community. I spend most of my time in my office trying to help my clients that have been hurt and are trying to recover through use of the legal system. While this is what I do most days, many of my clients' recoveries occur outside of the courtroom and in facilities like Helping Hand.

Helping Hand Rehabilitation Center is located in Countryside, Illinois and is a facility focusing on children and adults with special needs. Many of the clients at Helping Hand have life long disabilities while others have disabilities that have developed later in life. Whether it is a new obstacle or one that has been with a client for years, the staff at Helping Hand work tirelessly to make certain each client receives the attention and care necessary. This is achieved through vocation programs, physical therapy, education, occupational therapy, art therapy, music therapy as well as many other opportunities. The facility gives many people young and old opportunities that may not otherwise be readily available in the community. The commitment Helping Hand has to assisting people is truly admirable.

I arrived this morning at Helping Hand to donate a Nintendo Wii with Wii Fit Board for use at Helping Hand. The hope is that the Wii will be integrated into one of the many programs at Helping Hand to give the clients a new opportunity to achieve success. Recently, there has been a push to use the Wii as an alternative to physical therapy as well as other types of therapy. It gives people a new twist on conventional therapy and often helps to motivate people who are faced with difficult and painful therapy.

Our firm hopes that this donation will help the clients at Helping Hand and make their experience more enjoyable. It was truly a pleasure to spend the morning at Helping Hand, and I look forward to spending time with the clients and staff at the center in the future.

Originally posted at InjuryBoard by Jamie G. Goldstein