Chicago Personal Injury Lawyer Blog

Fighting Hate Since 1970: Morris Dees is Honored by Chicago’s Decalogue Society of Lawyers

2010-03-03T15:12:15Z

Morris Dees, the co-founder and lawyer of the Southern Poverty Law Center, was honored at the Union League Club of Chicago by the Decalogue Society of Lawyers. The event held on March 2, 2010 at the Union League Club of Chicago was attended by Cook County judges, elected officials and members of the Decalogue Society of Lawyers, the Union League Club of Chicago and the Southern Poverty Law Center.

The Decalogue Merit Award was awarded to Mr. Dees for his tireless work in fighting hate groups ranging from the Klu Klux Klan to the White Aryan Resistance. Mr. Dees was responsible for numerous victories against hate groups, including a $6 million judgment that bankrupt the Aryan nations, a $12.5 million jury verdict against the California-based White Aryan Resistance for the death of a black student, and a $26 million verdict against the Carolina Klan for burning black churches.

However, these victories did not come without a price. In 1983, the Klansman burned the Southern Poverty Law Center's offices. And while the arsonists were convicted, their leader almost successfully fulfilled a plot to kill Mr. Dees. Over the years, more than 30 men have been imprisoned for plots to harm Morris Dees or destroy the Southern Poverty Law Center property. This continued threat requires a high degree of security during public appearances.

]]> Mr. Dees has received other prestigious awards in conjunction with his work. The US Jaycees choose him as one of the ten outstanding young men of America for his early business success. Trial Lawyers for Public Justice named him “Trial Lawyer of the Year”. In 2009 he was inducted into the Trial Lawyers Hall of Fame by the American Association for Justice. The New York law firm Skadden Arps, in conjunction with the University of Alabama School of Law, gives the “Morris Dees Justice Award” annually.

The Decalogue Society Merit Award has been given to many other prestigious recipients including Albert Einstein, Harry S. Truman, Eleanor Roosevelt, Supreme Court Justice Arthur Goldberg, Dr. Jonas Salk and author Saul Bello. There were more than 200 attendees at the event, including Chicago personal injury attorney Robert D. Kreisman, who is a member of the Decalogue Society, the Union League Club of Chicago, and a long time supporter of the Southern Poverty Law Center.

Kreisman Law Offices has been handling Chicago personal injury lawsuits for over 30 years, serving those areas in and around Cook County, including Park Ridge, Lombard, Cicero, and Deer Park.

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Wyeth v. Levine Used to Reverse Pre-Emption of Chicago Pharmaceutical Litigation Case Against Glaxo Smith Kline (GSK)

2010-03-01T14:29:34Z

An Illinois prescription drug case that originally had been dismissed due to issues of federal preemption, has been reinstated by the 7th Circuit Court of Appeals in Chicago. This case, Mason v. SmithKline Beecham Corp. d/b/a Glaxo SmithKline, No. 08-2265, may be the first decision that addresses preemption with respect to prescription drugs.

The original Illinois prescription drug lawsuit was brought by the parents of 23 year-old Tricia Mason after she committed suicide just two days after being started on the prescription drug Paxil. The Illinois prescription drug lawsuit alleged that Paxil increases the risk in suicide in children and young adult, which the manufacturer should have known and therefore had a duty to warn its users.

The lawsuit alleged that GSK violated Illinois law by choosing not to warn Tricia Mason on its label that Paxil increases the risk of suicide for children and young adults. Two years after the decedent's suicide, Paxil added a label warning of an increased risk of suicide among children taking the drug.

]]> Mason was originally filed in the Central District of Illinois under diversity jurisdiction against Glaxo SmithKline (GSK), the manufacturer of Paxil. The U.S. District Court had granted a summary judgment motion brought by GSK on the ground that the alleged failure to warn claims were preempted by the Federal Food, Drug and Cosmetic Act.

The Act states that if the drug is approved by the FDA then it meets federal standards, which supersede any further state requirements on the drug manufacturer. So in essence, any drug that is FDA approved could not be held liable for any failure to warn claims made under state law. Fortunately, the US Supreme Court recently heard a case on federal preemption and opened up plaintiffs' options to seek relief under state law.

In Wyeth v. Levine, 129 S. Ct. 1187 (2009), the US Supreme Court held that the Food and Drug Administration’s approval of the warnings on a prescription drug’s label does not necessarily preempt failure-to-warn claims brought under state law. The Supreme Court in that case went on to hold that such claims are preempted when there is “clear evidence” that the FDA would not have approved a particular warning.

Therefore, on its appeal to the Chicago US Court of Appeals, the plaintiffs in Mason cited the new decision in Levine in support of the its arguments. This new case law might have been the deciding factor in the Appellate Court's decision, as the 7th Circuit Court of Appeals' opinion stated that Mason’s parents were not preempted by federal law.

The original complaint in Mason alleged that Paxil's drug manufacturer knew of its risks before the Mason daughter committed suicide and that they concealed that information. In addition, two years after this suicide, GSK voluntarily attempted to update Paxil's label to include a warning that drug could increase the risk of suicide.

However, the FDA rejected GSK's warning, stating that it wasn't class-wide. This evidence was used to show that the FDA expressly rejected the very warning that the Mason's alleged should have been in place on Paxil's labels at the time their daughter received the drug. Also, if the warning of increased risk for suicide had been on Paxil's label that Tricia Mason would be dead.

Looking at the 7th Circuit Court's decision, this argument was the key element in the reversal of the federal preemption decision. The Court stated, that "in light of the extensive showings required by Levine, we conclude that GSK did not meet its burden of demonstrating by clear evidence that the FDA would have rejected a label change warning about the risk of suicide by young adults before Tricia’s life came to an end. . .Consequently, the plaintiff’s claims are not preempted.”

The reversal of the federal preemption claim in Mason marks the beginning of courts overturning federal preemption in prescription drug cases following the US Supreme Court's decision in Levine. We can expect to see more of this in Illinois and nationwide as additional case law increases the burden on drug manufacturers in pharmaceutical litigation lawsuits.

Kreisman Law Offices has been handling Illinois pharmaceutical litigation cases for over 30 years, serving those areas in and around Cook County, including Naperville, Oak Park, Schaumburg, and Evanston.

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Fatal Chicago Bus Accident Reaches Settlement in Wrongful Death Case

2010-02-27T03:18:15Z

While crossing a Chicago west side intersection with her sister, an 18-year-old woman was struck by a bus. The woman’s estate filed suit against the bus driver and the private bus company for the wrongful death of the decedent.

In any wrongful death case certain criteria must be met. Negligence must be established on behalf of the defendant and the death must be determined to be the result of the defendant’s actions. Furthermore, if the decedent left behind dependents and the dependents suffered monetary damages as a result of the death, then a wrongful death case may be filed.

In Illinois, and in many other states, a pedestrian in the crosswalk always has the right of way. This means that drivers must always stop for pedestrians in crosswalks, even if the light is red and the pedestrian is walking against the light. Therefore, it is important that the driver of any vehicle exercise due care while crossing an intersection and be cautious and mindful of any pedestrians attempting to cross the street.

]]> This issue is especially important in this case where it was claimed that the bus driver chose not to reduce speed at the Chicago west side intersection while making a right turn and then failed to stop and avoid striking the decedent pedestrian. A Chicago police camera at Madison and Kedzie on Chicago’s west side captured the incident.

The film showed that decedent’s sister was able to leap out of the way: however, due to the bus driver’s negligence, the decedent was unable to avoid the contact. After the Chicago bus accident, the decedent required life support for about five months before her death. She was survived by six siblings.

The decedent’s estate reached a settlement following mediation by retired Cook County Circuit Court Judge, Michael J. Hogan for $7.85 million. This settlement is on the higher end of what a plaintiff might expect from an Illinois wrongful death case. However, a trend we typically see in wrongful death cases is that the damages awarded tend to be higher for victims who survive on life support for some period of time versus those victims who are killed instantly. This is due not only to the increase in medical costs, but also the increased pain and suffering on behalf of the victim and the surviving family members.

Kreisman Law Offices has been handling wrongful death cases for over 30 years, serving those areas in and around Cook County, including Calumet City, Highland Park, and Elgin.

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Illinois Chemical Accident at Construction Site Leads to Worker's Death: Illinois Jury Finds For Worker's Estate

2010-02-24T19:06:29Z

Illinois construction companies have an obligation to provide a safe work environment for their employees and do what they can to avoid Illinois construction site accidents. Because of this duty on the part of construction companies, Illinois construction workers can generally assume that the equipment and materials at a construction site are safe and hazard-free.

However, sometimes this is not the reality, in which case an Illinois construction site injury can result from the failure of a construction company to provide a safe and healthy work environment. Consider the case of Diaz v. Archer Daniels Midland Company, 07 L 142 (Ill., Macon County), in which a 26 year-old construction worker was fatally injured as a result of an Illinois construction site accident.

At the time of his Illinois construction site injury, Francisco Garcia was working for a contractor who had been hired to perform work at the Archer Daniels Midland (ADM) Bioproducts plant. Garcia was busy insulating pipes 15 feet in the air while harnessed to a scissors lift. While Garcia was working, a nearby waste compression system over-pressurized, spraying him with scalding steam, toxic chemicals and boiling water.

]]> The scissor lift that Garcia was harnessed to was not able to be lowered, so Garcia struggled out of his harness in order to escape the spraying hot liquid waste and fell to the floor. Garcia sustained third-degree burns that caused his skin to begin peeling off even as his co-workers struggled to get him to the plant safety showers.

The third degree burns covered 90% of his body and Garcia was not able to recover from the Illinois construction site injury. He died the next day, leaving behind his parents and siblings. Mr. Garcia's family reside in Mexico and he had been using his earnings of about $35,000 per year to help support them.

Mr. Garcia’s estate sued ADM alleging the plant negligently maintained the waste compression device. The evidence brought forth during trial showed that the plant had similar problems with the machine several days before the incident and that it had taken it offline.

While removing the faulty machine from service was inarguably the right move, the company failed to sustain these safety precautions. Instead, it put the machine back on line about 30 minutes before it malfunctioned and sprayed Garcia. The Illinois jury found in favor of the decedent's estate and awarded $6.7 million in damages.

Kreisman Law Offices has been handling Illinois construction site injury cases for over 30 years, serving those areas in and around Cook County, including Schaumburg, Berwyn, Oak Lawn, and Lincolnwood.

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Union League Club of Chicago's Civic & Arts Foundation Hosts 2010 Jazz Competition at Buddy Guy's Legends

2010-02-22T16:15:00Z

The Union League Club of Chicago’s Civic & Arts Foundation hosted the 2010 jazz improvisation competition at Buddy Guy's Legends on February 17, 2010. From high school kids to semi-professionals beginning to make a splash on the Chicago jazz scene, the breadth of talent exhibited at Buddy Guy's Legends was incredible.

At the competition, twelve performers ranging in age from 14 to 27 competed for a total of $17,000 in prize money. And although this was a competition for a cash prize, it was also a safe venue for emerging young musicians to showcase their unbelievable talents.

The competing performers were divided into three divisions according to their age. The first division included the 14 to 17 year-old musicians, second the 18 to 22 year-olds, and the last the 23 to 27 year-old musicians. One of the divisions' first place winners received a Grand Prize, while two other winners received People's Choice Awards that the live audience voted on by submitting ballots.

]]> The MC for the event was Chicago's own Barry Winograd of WXRT radio. Mr. Winograd hosts Jazz Transfusion Sunday nights from 11 p.m. to 1 a.m. on 93 XRT. The house band for the evening included Charles Baugham on drums; Mick Schneider, bass; and Thomas Muellner on piano. It was a great event that was free to the public.

A Civic & Arts Foundation Jazz Ensemble will also be formed from the competition participants. This quartet performs together for a year at public and private events throughout the Chicago area. The Ensemble is another way that the Civic & Arts Foundation supports young musicians in pursuing their musical careers. In attendance were several Union League Club of Chicago members, including Chicago attorney Robert Kreisman of Kreisman Law Offices.

Kreisman Law Offices has been handling Illinois personal injury lawsuits for over 30 years, serving areas in and around Cook County, including Evanston, Calumet City, Darien, and Oak Park.

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Kane County, Illinois Nursing Home Resident Settles After a Below the Knee Leg Amputation

2010-02-19T18:46:47Z

A recent Illinois nursing home negligence settlement highlights one of the biggest problems plaguing nursing home residents - inadequate skin care. Many nursing home residents are bedridden and require careful monitoring and stringent skin care plans in order to avoid developing skin ulcers, which if untreated can lead to infection or even death.

This case involved an Illinois nursing home resident at Provena Senior Services Nursing Home in Kane County, Illinois. In this Illinois nursing home abuse lawsuit, the nursing home resident was a diabetic patient, which left him even more at risk for potential skin breakdown if inadequate nursing care was provided. A diabetic patient is also more at risk for having a poor outcome if skin ulcers develop, which is also shown in this case where the skin ulcer worsened to the point that the nursing home resident required a below the knee amputation.

The Illinois nursing home negligence lawsuit alleged that the nursing staff had failed to maintain adequate skin care, which resulted in the development of a skin ulcer. However, the defendant nursing home denied that it had caused the skin ulcer to develop.

]]> This is a common argument by a nursing home when skin ulcers are involved in Illinois nursing home negligence claims, especially if the plaintiff has been treated at outside facilities or hospitals during the course of his stay. However, the nursing home medical records often have detailed charting of a nursing home resident's skin condition so there should be evidence of exactly when the relevant skin ulcers began.

And while there is not necessarily an Illinois statute governing the specific steps a nursing home needs to take in order to prevent the development of skin ulcers, Illinois law does require its nursing homes to have detailed skin care policies in place. These policies would include methods of scoring a resident's risk for developing skin ulcers, which would certainly take into consideration whether or not the resident was diabetic as this increases the risk for skin breakdown. The policies would then detail what steps should be taken by the nursing staff at each risk level with regards to what type of bedding should be used, how often the patient should be turned, and any other care required. Furthermore, these policies and procedures should be made available to opposing counsel upon request.

While the case facts are compelling and obviously disturbing considering that the skin ulcer was allowed to develop until the Illinois nursing home resident required an amputation, the case was settled before it went to trial so that we are denied the opportunity of seeing how a jury would have interpreted the case facts. The plaintiff continued to allege that the Illinois nursing home staff was responsible for the development of the skin ulcer and the resulting amputation, the defendant nursing home alleged that the plaintiff was responsible for the skin ulcer worsening after he left the facility. The case was settled for $500,000.

Kreisman Law Offices has been handling Illinois nursing home abuse cases for over 30 years, serving those areas in and around Kane County and Cook County, including Chicago, Oak Lawn, Elmhurst, and Glenview.

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Illinois Truck Driver Settles Rear End Crash

2010-02-17T18:45:42Z

Oftentimes, when we think of life-changing truck accidents in Illinois, we think of rollovers or jack-knife accidents. However, a standard Illinois rear-end trucking accident can also lead to drastic changes to drivers' and passengers' lives. The case of the plaintiff truck driver in Shinaberry v. KA Bulk Transport d/b/a Klemm Tank Lines, et al., 06 C 5947, illustrates this point.

In Shinaberry, an out-of-state truck driver was struck by another truck in an Illinois rear-end trucking accident. The plaintiff was stopped at a red light when he was struck from behind by another Illinois truck. Following the accident plaintiff sustained some low back pain, which was initially diagnosed as a lumbar strain.

However, after the plaintiff's back pain continued he was referred for additional treatment. It was at this time that he was diagnosed with a lumbar disc bulge, lumbar stenosis, and S1 radiculopathy. At this point, the seemingly simple Illinois rear-end collision caused the plaintiff to undergo surgery to repair his injuries, including a spinal fusion. After the operation the plaintiff underwent some physical therapy to improve his mobility.

]]> After the surgery and physical therapy, plaintiff's medical providers determined that he would probably not require any additional treatment and was released to light-duty at work. However, in order to return to his job as a fully functioning employee, plaintiff was required to undergo a functional work capacity evaluation. These evaluations are standard procedure and oftentimes required when trying to return to full-duty after any injury that limits an employee's work abilities.

The plaintiff received bad news at his functional capacity evaluation, where it was determined that he would not be able to return to his prior job as an HVAC maintenance and repair technician due to his ongoing symptoms of back pain and stiffness. So as a result of the Illinois trucking rear-end collision, the plaintiff had now lost his ability to work.

The parties settled this case that was pending in the United States District Court for the Northern District of Illinois, Eastern Division for trial. As oftentimes occurs when dealing with situations similar to plaintiff's, the loss of future wages was factored into the settlement in an attempt to offset some of the financial loses the plaintiff will experience as a result of losing his livelihood following the Illinois trucking rear-end collision.

Kreisman Law Offices has been handling Illinois trucking accidents for over 30 years, serving those areas in and around Cook County, including Arlington Heights, Chicago, Calumet City, and Lisle.

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Illinois Premise Liability Issues Reviewed: Appellate Court Reverses Lower Court Ruling Regarding Franchisor’s Duty

2010-02-15T18:41:07Z

An Illinois McDonald's employee brought an Illinois premise liability lawsuit against the store franchise and McDonald's Corporation after she was attacked on the restaurant's premises. Her lawsuit, Lawson v. Schmitt Boulder Hill, Inc. and McDonald’s Corporation, No. 2-09-0026, explores the issue of what degree of duty a corporation owes to its franchisee's employees.

In this case, Lawson, part-time McDonald's employee, was attacked as she was parking her car to the side of the restaurant's parking lot. In her complaint, Lawson alleged that before she could enter the restaurant that she was robbed, abducted, and assaulted. Lawson claimed that this attack and following injuries were the cause of the defendants', McDonald's Corporation and its franchise, negligence and the inadequate security provided.

The plaintiff alleged that McDonald's Corporation was liable for her injuries because it published standards for its franchises to maintain regarding parking lot lighting as well as other policies and procedures to ensure the security of employees and patrons. Furthermore, it was alleged that it is McDonald's policy to monitor and enforce its standards, which it does by regularly sending McDonald's security personnel to its restaurants to confirm franchises' compliance with the company's rules and regulations. Plaintiff used this information to show that McDonald's Corporation, and not just the individual franchise, had a duty to ensure her security while on McDonald's premises and the failure to do so was the basis for her Illinois premise liability claim.

]]> However, McDonald's Corporation disagreed and filed a motion to dismiss plaintiff's complaint that alleged that it owed no duty to the plaintiff to provide adequate security under Illinois law. The corporation's motion was granted by the trial judge, which dismissed the claim against the corporation.

The plaintiff appealed this decision to the Illinois Appellate Court, alleging that the trial court had erred in dismissing her claim against McDonald's Corporation. The Appellate Court sided with the plaintiff and reversed the lower court's ruling because McDonald's Corporation had failed to meet the required burden of proof.

According to the Illinois Appellate Court, in order for McDonald's to defeat the plaintiff's claim, it was required to show that it owed no duty of care to the plaintiff. McDonald's had failed to do so at the trial level and had therefore not met that burden.

Furthermore, the Appellate Court noted that the facts showed that McDonald’s did in fact require compliance by its franchisees with its security procedures. Yet, the Court pointed out that "McDonald’s affidavit does not indicate whether McDonald’s produced a security ‘bible’ where it maintained any security committees or whether any McDonald’s employee served as security supervisors for its franchisees’ operations". Therefore the corporation had failed to show whether they they met the duty owed to plaintiff.

The plaintiff's case against McDonald's was returned to the lower court. However, the plaintiff's claim against the franchisee itself has been dismissed as she is not able to pursue a claim against her employer since her injuries occurred in the course of her employment at McDonald's. Therefore, the plaintiff is limited to receiving exclusive remedy for this portion of her lawsuit via the Illinois Workers’ Compensation Act since this specific claim is against her employer.

Illinois workers' compensation claims would be those that specifically deal with injuries sustained in the course of one's employment. Unlike an Illinois personal injury lawsuit, workers' compensation claims are handled by the Illinois Industrial Commission (IIC) instead of at the Illinois Circuit Court level.

Kreisman Law Offices has been handling Illinois premise liability lawsuits for over 30 years, serving those areas in and around Cook County, including Wilmette, Oak Park, Naperville, and Hoffman Estates.

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Illinois Motorcycle Accident Result of Drunk Driving: Leads to Liability On Behalf Of Driver and Liquor Store Under Illinois Dram Shop Act

2010-02-12T18:25:00Z

In an Illinois motorcycle accident, a case involving a drunk driver shows how both the drunk driver and bar or liquor store are equally responsible for the ensuing actions.

After drinking at two different bars for about three and a half hours the defendant, Donald Adcock, took Jerica Klocke for a ride on his motorcycle. As they approached an intersection, Adcock lost control of his bike and crashed. He died at the scene. Klocke suffered severe injuries from which she died about 13 hours after the Illinois motorcylce crash. She survived by her parents and three brothers. She was 19 at the time of her death and was working as a medical receptionist with plans to go to college.

According to the Illinois Department of Transportation, “Approximately three out of ten Americans will be involved in an alcohol-related Illinois traffic accident in their lifetime.” While it is generally assumed it is wholly the fault of the drunk driver for an accident that may occur, this is not the case.

]]> Under the Illinois Dram Shop Act, establishments serving alcoholic beverages are held liable for monitoring patrons’ alcohol consumption. According to the Dram Shop Act, bars and other venues for alcoholic consumption are responsible for withholding alcohol from impaired patrons.

A lawsuit was brought under the Illinois Dram Shop Act alleging that the service of alcohol to Adcock caused him to become intoxicated and that his intoxication was a cause of Klocke’s death. The Klocke estate sued Adcock and both bars Adcock drank at the night of the accident.

The jury found one of the bars, Thirsty’s Tavern liable and awarded $550,000 plus $500,000 for loss of society and a little less than $50,000 for medical and funeral expenses.

The Illinois Dram Shop Act limits liability to about $58,600 for claims involving people injured or killed by a drunk driver and about $71,700 for those claiming loss of means of support or loss of society. Therefore the verdict judgment was reduced to just over $100,000.

Kreisman Law Offices has been handling Illinois motorcycle accidents for over 30 years, serving those areas in and around Cook County, including Oak Park, Park Ridge, Calumet City, and Naperville.

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Illinois Truck Accident Disables Chicago Brick Layer - Settlement Reached

2010-02-10T16:11:47Z

A Chicago area brick layer settled his Cook County personal injury case with a semi-truck driver after his vehicle was struck by the defendant. It was alleged that the Cook County trucking accident occurred when defendant improperly took a left turn in front of the plaintiff’s vehicle when the defendant truck driver’s vision was obscured by the weather conditions and the way the roadway curved.

The plaintiff suffered an acetabular fracture in the Cook County truck accident. The acetabulum is the socket part of the pelvic bone that connects the femur to the rest of the pelvis.

Recovery of such an injury can be long and difficult. Patients are often required to keep weight off their hip for up to three months. Long-term effects are also not uncommon. Patients commonly suffer from hip arthritis, and even need hip replacements later in their lives.

The plaintiff is now disabled and unable to return to his usual work. The Chicago trucking accident case was settled on the plaintiff's behalf for $2 million.

]]> Kreisman Law Offices has been handling Cook County truck accident cases and Illinois personal injury lawsuits for over 30 years, serving those areas in and around Cook County such as Elk Grove Village, Aurora, Berwyn, and Wilmette.

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Chicago Law School Hosts Panel Discussion on Attorneys’ Stories About Guantanamo

2010-02-08T14:33:17Z

Last week a group of Chicago law organizations presented a forum on the experiences of pro bono legal counsel working with the detainees at Guantanamo Bay, Cuba. The forum was organized and sponsored by the Chicago Lawyer Chapter of the American Constitution Society, the John Marshall Law School Student Chapter of ACS, the American Civil Liberty Union of Illinois and the Chicago Council of Lawyers.

The forum took its inspiration from a new book entitled The Guantanamo Lawyers: Inside of Prison Outside the Law, which features a collection of narratives from roughly 100 lawyers.

The authors of The Guantanamo Lawyers stated that as many as 86% of the detainees were “bought” prisoners. This refers to the exchange of cash that individuals received for bringing "battlefield prisoners" to the U.S., an option that was popularized by leaflets distributed in Afghanistan following the September 11, 2001 attacks. However, in reality many of these “battlefield prisoners” are in fact were individuals from all walks of life who were exchanged for cash under the false premise that they were enemy combatants.

]]> One of the participants at the forum, assistant professor at Northern Illinois University College of Law, Marc D. Falkoff said that of his 17 clients, three had been released and returned home, but that 14 remained captive at Guantanamo. Of those still released, one received a judge's decision in a habeas corpus hearing on the merits of his claim that “he’s actually an innocent civilian who was in the wrong place at the wrong time when he was picked up by Pakistani security.”

Also included in the attorneys referenced in The Guantanamo Lawyers is Chicago lawyer Gary A. Isaac of Mayer, Brown, LLP. Mr. Isaac was one of several lawyers at the forum who discussed his experiences providing pro bono legal counsel to Guantanamo detainees, something that he has been doing for the last five years.

Additional experiences were shared by panelist Thomas P. Sullivan, a partner at Jenner & Block, LLP and a former U.S. attorney in Chicago, who has represented seven men held at Guantanamo. One of Mr. Sullivan’s first clients was eventually released from the detention center after having been jailed for three years. Sullivan said about 200 people are still being held at Guantanamo.

As the book describes, there were once about 750 people held at Guantanamo Bay which is now down to 200 people “and yet, of the 750 people that were there, most of them were released during the Bush Administration without explanation, compensation or apology". The law is supposed to ensure that these types of injustices do not happen, whether at military tribunals or civilian settings, and we at Kreisman Law Offices applaud the hundreds of lawyers dedicating their time and efforts to ensuring that these detainees rights' are preserved.

Kreisman Law Offices has been handling Illinois personal injury lawsuits for over 30 years, serving areas in and around Cook County, including Evanston, Calumet City, Darien, and Oak Park.

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Toyota Recalls Reaches New High As Models Expand to Include Prius and Other Hybrids

2010-02-05T23:30:13Z

Toyota recently announced another recall in the long line of Toyota recalls instituted since Toyota's September 2009 recalls. In the past year around 8 million Toyota vehicles have been recalled and now over 400,000 of their hybrid vehicles, including the high selling Prius, have been recalled.

The unusually large number of recalls due to potential product defects have caught the attention of the top safety officials at the U.S. Department of Transportation. Transportation Secretary Ray LaHood and other top auto safety officials have made requests for information from Toyota since November, but the manufacturer has yet to comply with the requests.

It has been suggested by a senior American Transportation official that executives at Toyota were "dragging things out" and that the U.S. officials have had it with the automaker's lack of corporation regarding its auto product defects. The official goes on to state that they "were getting excuses [from Toyota] that didn’t make sense anymore.”

]]> In an unprecedented move, Secretary LaHood approved federal officials' trip of to Japan in an effort to move matters along, but it could be a month before its top safety aides meet with Tokyo Toyota executives. And even then it may be yet another month before Toyota officially discloses to Washington information regarding the product defects and that it found problems with sticking accelerators.

Further new information suggests that officials at the National Highway Traffic Safety Administration failed to use their power to subpoena records from Toyota at any point in the last several years even though they had reason to believe that the automakers were withholding critical information. The NHTSA is responsible for regulating automakers.

To date there has been a report of at least one death associated with the sticking accelerator problem with respect to Toyota vehicles. U.S. officials are warning Toyota drivers to keep their cars off the road until this product defect has been adequately investigated and solved.

Kreisman Law Offices has been handling Illinois product defect cases for over 30 years, serving those areas in and around Cook County, including Arlington Heights, Wheaton, Naperville, and Calumet City.

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Illinois Medical Malpractice Jury Award Limits Struck Down By Illinois Supreme Court in Lebron v. Gottlieb Memorial Hospital

2010-02-03T21:05:27Z

After almost three years of legal battles, the Illinois Supreme Court came to a decision on whether economic limits should be placed on Illinois medical malpractice lawsuits. In Lebron v. Gottlieb Memorial Hospital, the Illinois high court upheld a Cook County Circuit Court ruling that the Illinois law on medical malpractice non-economic damage caps violate the Illinois Constitution’s “separation of powers” clause.

This decision essentially states that the Illinois legislators interfered with a jury's right to determine the amount of economic damages in Illinois medical malpractice lawsuits. The recent Lebron decision marks the third time that the Illinois Supreme Court struck down unconstitutional limits on medical malpractice awards, having done so with similar law in both 1976 and 1997.

The underlying lawsuit, Lebron v. Gottlieb Memorial Hospital, stems from a 2006 Illinois birth injury lawsuit filed by the family of a girl who suffered severe brain damage during her delivery at Gottlieb Memorial Hospital in Melrose Park, Illinois.

]]> Lebron was used as a “test case” to challenge the Illinois law on medical malpractice. The recent Illinois Supreme Court's opinion restores the jury's right to make decisions regarding medical malpractice rewards. This is a right the jury has in every other kind of Illinois lawsuit, whether regarding commercial litigation, Illinois trucking accidents, or Illinois product liability lawsuits.

As expected, physicians, hospitals and particularly malpractice insurers were disappointed with the court’s decision as they were hoping that there would be some restraint placed on Illinois medical malpractice verdicts. However, for plaintiffs and Illinois victims of medical malpractice, the Illinois Supreme Court ruling has firmly established their right to just retribution for medical negligence.

Kreisman Law Offices has been handling Illinois medical malpractice cases for over 30 years, serving those areas in and around Cook County, including Park Ridge, Downers Grove, Deer Park, and Blue Island.

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Cook County Medical Negligence Results From Poor Post-Surgical Care: Plaintiff Prevails at Trial

2010-02-01T20:16:49Z

Any surgical procedure inherently carries certain risks, so it is not necessarily uncommon for patients to experience post-surgical side effects. However, when those side effects are not treated properly, this type of surgical medical negligence can result in complications and poor results.

A recent Cook County medical malpractice verdict demonstrates the importance of a timely response to surgical complications in order to avoid Cook County medical negligence, Lovell v. Sarah Bush Lincoln Health Center, No. 4-09-0249. The facts of the case involve a Cook County resident with prostate cancer who underwent a radical retropubic prostatectomy at a local Illinois hospital.

Following the surgical procedure, the patient complained of a “bloated, constipated feeling” four days after surgery. His family physician ordered a tap-water enema to try and relieve the bloating feeling. Soon after, the urologist whom performed the original surgery resolved that the plaintiff had a fistula that had been caused by the enema. A fistula is essentially an opening that develops between two organs or vessels that do not normally connect.

]]> Soon thereafter the plaintiff was subjected to another surgical procedure to repair the fistula that had developed as a result of the prescribed enema. However, the man later had two additional surgeries- one to reverse his colostomy and another to attempt to correct his urinary incontinence. Yet despite the additional surgical procedures the cancer patient could not urinate properly and was required to wear diapers.

In an effort to seek some justice for his pain and suffering as a result of the Cook County medical malpractice, the plaintiff filed suit against the health care center, claiming that the three subsequent surgeries were the cause of his current medical problems. At trial the plaintiff presented expert testimony from a colorectal surgeon and urologist who affirmed that the enema was the cause of his the fistula and subsequent incontinence.

After the jury considered the evidence, it returned a verdict in favor of the plaintiff. Although an appeal was filed on behalf of the defendant, the Illinois Appellate Court rejected it and the verdict was affirmed. And while the plaintiff might have succeeded in his case against the health care center, he is left with life-changing complications as a result of the Cook County medical negligence following his surgery.

Kreisman Law Offices has been practicing Cook County medical malpractice for over 30 years, serving those areas in and around Cook County, including Chicago, Oak Park, Evanston, and Lisle.

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Cook County Assessor Candidate Forum Hosted By Union League Club of Chicago

2010-01-29T14:58:01Z

Yesterday the Union League Club of Chicago’s Public Affairs Committee, through its external relations subcommittee chair, Chicago attorney Robert Kreisman, hosted the Cook County Assessor Forum Candidate in conjunction with the Henry George School of Social Science. The candidates included Raymond Figueroa, Democrat; Robert Shaw, Democrat; Robert Grota, Green; and Sharon Strobeck-Eckersall, Republican. The other democratic party candidate, Joseph Berrios, chose not to attend the forum.

The event was hosted by moderator Andy Shaw, Executive Director of the Better Government Association. Mr. Shaw, an award-winning Chicago journalist, spent 35 years covering politics, business, education and the day-to-day news of the City’s news bureau.

Each candidate was given several minutes to state his or her position, credentials, experience and why they wanted the post of Cook County Assessor. In addition, Andy Shaw asked the candidates several questions, which were taken around the room.

]]> Based on their responses, it appears that Robert Grota and Sharon Strobeck-Eckersall are the only two candidates of the group who do not have any political background. However, both candidates have valuable work experiences that apply to the position of Cook County Assessor. Robert Grota is a Chicago area assessor who has lots of experience as a consultant to municipalities and as developer of assessment software. Sharon Strobeck-Eckersall, is a real estate broker who served Evanston Township Assessor.

Raymond Figueroa has served as a Circuit Court Judge, a staff attorney for the Assessor’s Office, and now has his own private law practice. Robert Shaw, who arrived late to the program, was a Chicago alderman as well as a commissioner of the Cook County Assessor’s Office. Joseph Berrios, the absent candidate, is the Cook County Democratic Party Committeeman.

Overall, the spirited discussions were informative and generally well received by the audience. The audience was given an opportunity to present its own questions to the candidate, some of which focused on the environment and how the candidates could best serve the Assessor’s Office.

Chicago personal injury attorney Robert Kreisman of Kreisman Law Offices has been practicing Illinois personal injury law for over 30 years, serving those areas in and around Cook County, including Park Ridge, Brookfield, Northbrook, and Calumet City.

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