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Chicago Personal Injury News Blog

Senators want ruling on whether Facebook password requests are illegal

By Jon Brodkin | Published a day ago Two US Senators asked the Department of Justice and Equal Employment Opportunity Commission to start an investigation into whether employers asking job applicants for usernames and passwords violates federal law. The issue has come under scrutiny in the past week, after the Associated Press and others reported on employers asking applicants for Facebook usernames and passwords. Facebook took a stand, saying it could take legal action, although the company noted that it has no immediate plans to sue any specific employers. US Senators Richard Blumenthal (D-CT) and Charles Schumer (D-NY) asked the agencies to investigate...

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83-Year-Old Woman Sues APPLE Store After Smashing Her Face Into Glass Door

NEW YORK(CBSNewYork) – A Queens woman is suing Apple for $1,000,000 after smashing her face on a glass door at a Long Island Apple Store. Evelyn Paswall, 83, claims that the glass doors at the front of Apple Stores pose a risk to the elderly. Paswall’s attorney Derek T. Smith told the Post that,“Apple wants to be cool and modern and have the type of architecture that would appeal to the tech crowd, but on the other hand, they have to appreciate the danger that this high-tech modern architecture poses to some people.” 83-Year-Old Woman Sues APPLE Store After Smashing Her Face Into...

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Lawsuit claims jail inmate died due to beating

An investigation by the Lake County State’s Attorney’s Office found no evidence that anyone at the jail willfully or intentionally harmed Gruber. However, the lawsuit claims Gruber was pepper sprayed and beaten by sheriff’s officers during processing at the jail, and that his subsequent requests for medical assistance were denied, despite the presence of contract medical personal at the jail, Correct Care Solutions, a health-care provider based in Nashville, Tenn. Medical staff failed to investigate or assess Gruber’s injuries, the suit alleges, which also names Correct Care Solutions, along with along with four nurses and one supervisor employed by the firm. The...

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How to wrangle in docs gone wild

A physician who threatened to use an AK-47, a sexually harassing doctor who looked at porn on work computers and a specialist who used to cause nurses to draw straws with the loser having to interact with her. These were some of the horror stories about disruptive provider behavior that Dean White, a Texas-based consultant and former chief of the medical staff at Texas Health Harris Methodist HEB Hospital in Dallas, had shared at this week's American College of Healthcare Executives' (ACHE) annual congress in Chicago. The Joint Commission requires that accredited institutions have a code of conduct that defines acceptable,...

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Law Firm’s Organizational Form, Insolvency Affect Extent of Members’ Personal Liability

Wednesday, March 14, 2012 from ABA/BNA Lawyers' Manual on Professional Conduct™ By Joan C. Rogers CHICAGO—Law firms' switch to limited liability entities can give lawyers a false sense of security about their vicarious liability for claims arising from colleagues' conduct, according to a panel discussion March 2 at the 11th Annual Legal Malpractice & Risk Management Conference. In launching the panel on “How Limited Is Your Liability?” moderator Allison D. Rhodes joked darkly that the real topic was “how we get your house.” The speakers focused on a question of keen interest to lawyers everywhere: Under what circumstances can members of a...

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$450M AIG workers comp class action settlement receives formal approval

CHICAGO—A $450 million settlement of a class action suit brought against American International Group Inc. for its alleged underreporting of workers compensation premiums has been formally approved. U.S. District Court Judge Robert Gettleman approved the settlement in an order and memorandum on Feb. 28. The money is to be paid by New York-based AIG to 1,300 other commercial insurers. The insurers had alleged that they paid states more than their fair share of residual market assessments because AIG was assigned an improperly small share of high-risk workers comp policies. $450M AIG workers comp class action settlement receives formal approval...

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Lawsuit: Nursing home failed to protect patient from resident with `violent criminal record’

By Bridget Doyle TribLocal reporter March 8 The family of an Alzheimer’s patient who died after a physical altercation with another patient at Oak Park Healthcare is suing the west suburban nursing home for wrongful death, according to a press release issued Thursday by the family’s lawyers. The lawsuit, filed Wednesday by Chicago-based Levin and Perconti, alleges the facility violated federal and state nursing home regulations in failing to protect patient from physical abuse and failing to provide appropriate supervision, according to the press release. Anibal Calderon, an 80-year-old resident of the Oak Park Healthcare Center, “was assaulted by a 66-year-old resident with...

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Hal Leonard to Pay $150,000 to Class of Females Who Endured Physical and Verbal Sexual Harassment

Hal Leonard Publishing Company, a music print publishing company founded in Winona, Minn., has agreed to pay $150,000 to a class of female employees to settle a sexual harassment charge brought against the company by a former employee, the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced Wednesday. An investigation by the EEOC’s Minneapolis Area Office revealed that women were subjected to unwelcome grabbing and squeezing as well as sex-based comments and actions at Hal Leonard’s facility in Winona, a city of 50,000 in southeast Minnesota. The harassment was perpetrated by co-workers and, despite multiple complaints to Hal Leonard management,...

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City of Park Ridge found liable in boy’s death, ordered to pay $5M

By JENNIFER JOHNSON jjohnson@pioneerlocal.com March 13, 2012 1:36PM The city of Park Ridge has been ordered to pay $5.18 million to the estate of a 15-year-old Park Ridge boy following last week’s verdict in a wrongful-death lawsuit stretching back seven years. A jury on March 8 found the city liable in the death of Maine South High School student Joseph Furio, who died Oct. 31, 2004, from a drug overdose. JoAnn Abruzzo, Furio’s mother and administrator of his estate, filed the wrongful death lawsuit in 2005, alleging that Park Ridge paramedics had failed to properly evaluate her son and provide medical care when...

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Suit filed in death of woman killed while walking along Eisenhower Expressway

By Clifford Ward Special to the Tribune 3:26 p.m. CDT, March 15, 2012 The family of a woman struck and killed by a pickup truck while walking along the Eisenhower Expressway after a DUI arrest filed a lawsuit today, saying a state trooper negligently allowed the woman to go free even though she was still under the influence of alcohol. The wrongful death lawsuit was filed in Cook County court by the family of Diana Paz, 25, of Chicago, who was struck and killed Sept. 2. Shortly before her death, Paz was stopped for driving the wrong way on the Eisenhower and was...

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Railroad will pay $6 million to family of Chicago woman killed at University Park crossing

THE ASSOCIATED PRESS First Posted: March 14, 2012 - 4:02 am CHICAGO — The family of a woman killed at a University Park railroad crossing two years ago will receive $6 million to settle a wrongful death lawsuit.. Dance instructor Katie Ann Lunn of Chicago was killed in April 2010 when her vehicle was hit by a high-speed train at a crossing after she left a competition at Governor's State University. A lawsuit filed by the family against Illinois Central Railroad Co. claimed the crossing signals had been deactivated earlier that day for maintenance and never turned back on. The railroad admitted liability after...

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Whistleblowing Hebert nurse out of work and license in jeopardy

I followed the law and it didn't work.' By GERRY GOLDSTEIN, Valley Breeze & Observer Correspondent SMITHFIELD - Psychiatric nurse Jeannine Peterson, a rock-climber when she's not in uniform, is accustomed to scaling barriers, but she hasn't been able to get past the fallout from her latest role in life: whistleblower. It was a phone call from the 59-year-old Peterson that set into motion a recent investigation of sexual abuse that almost cost the Hebert Nursing Home its status as Medicare and Medicaid provider. So far the only result, as far she's concerned, is the satisfaction of believing that she did the right thing. Link...

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Stonewalling The Public

Dark clouds hanging over Sunshine Week cast a shadow on the First Amendment What’s worrying to journalists is, after years of sitting largely idle on the books, the Illinois eavesdropping law is starting to produce arrests. A Chicago woman was charged under the law after recording police officers whom she thought were preventing her from filing a sexual harassment complaint, and a Normal, Ill., man was charged with recording police during a traffic stop. A jury found in favor of the woman in the first case, and a prosecutor dropped the second, thinking the law in this case was worse than the violation. Link...

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The NFL and Dave Duerson’s brain

His family's lawsuit against the league looks potent. Plus, unraveling the Braun case. Originally Published: March 2, 2012 By Lester Munson It's always fun to watch a high-powered offense in action. That's true in football and it's true in legal disputes, especially in the view from our Courtside Seat. Two major offensives -- one by the family of an NFL concussion victim and the other by a young baseball superstar who surprised MLB authorities with some trick plays currently have our attention. We'll get to Ryan Braun's attack on the MLB drug testing system in a moment, but we start today with...

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NYC Multiple Amputee Wins $18M from City, Hospital

By Stephanie Rabiner, Esq. at FindLaw.com Tue Mar 6, 2012 9:08pm EST How much is a hand worth? What about a foot? An eye? All of these body parts are invaluable, but when it comes to the law, they have a price. For Tabitha Mullings, that price is $17.9 million. The mother of three sued New York City and Brooklyn Hospital Center for a medical error that left her a quadruple amputee and blind in one eye. After three years, the defendants agreed to settle the claim, worrying that the so-called NYC amputee would garner too much sympathy from a jury. Tabitha Mullings' story...

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8 Women Allege Rape, Harassment in Military Suit

By ERIC TUCKER Associated Press WASHINGTON March 6, 2012 (AP) Eight current and former members of the U.S. military allege in a new federal lawsuit that they were raped, assaulted or harassed during their service and suffered retaliation when they reported it to their superiors. The lawsuit, being filed Tuesday in U.S. District Court in Washington, accuses the military of a having a "high tolerance for sexual predators in their ranks" and of fostering a hostile environment that discourages victims of sexual assault from coming forward and punishes them when they do. The suit says the Defense Department has failed to take...

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Book Excerpt: A Saga Of ‘Fishy’ Surgery For Chronic Sinus Trouble

By Carey Goldberg “Crank?” was my first reaction when I saw the review copy of the new book “Scrubbed Out: Reviving the Doctor’s Role in Patient Care.” It was a slim, self-published volume with a cartoon cover and an M.D. after the author’s name. Usually, that means rosy, false promises of health panaceas. But Dr. Salah Salman, the author, is not a crank at all. On the contrary, he’s a distinguished doctor, retired now at 75 after an impressive career in the Lebanese cabinet and in high positions at the prestigious Massachusetts Eye and Ear Infirmary. It’s just that he’s so pained...

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Illinois judge: law barring recording police is unconstitutional

By Megan Geuss | Published about 19 hours ago In Cook County today Judge Stanley J. Sacks declared Illinois' eavesdropping law—which is one of the toughest in the nation—unconstitutional in his ruling in the case of Christopher Drew, who was charged with the felony crime in 2009. The eavesdropping law prohibits citizens from making audio or visual recordings of others without every recorded person's explicit consent. Sixty-year-old artist Drew audio-recorded his interaction with a police officer who was arresting him for selling art patches at the side of the road. A police officer found the tape recorder and Drew found himself with...

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Alaska Court Decision Could Open Door to Millions of Disability Claims, Nonprofit Says

The Alaska Supreme Court has decided a case that could open the door to disability claims from millions of wireless industry or maintenance workers who experience occupational exposures to operating antenna arrays, according to the nonprofit group EMR Policy Institute. In AT&T Alascom and Ward North America, Inc., v. John Orchitt; and The State of Alaska, Department of Labor and Workforce Development, Division of Workers’ Compensation, the state high court upheld the Alaska Workers’ Compensation Board decision awarding an AT&T equipment installer 100 percent disability due to his exposure to radiofrequency radiation (RF) at levels slightly above the FCC RF safety...

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Court OKs class action against Merrill Lynch

Court OKs class action against Merrill Lynch BY MICHAEL P. TREMOGLIE CHICAGO (Legal Newsline) -- African-American brokers employed by Merrill Lynch can pursue racial discrimination claims in a class action. The United States Court of Appeals for the Seventh Circuit, Chicago, on Feb. 24 reversed a District Court ruling, permitting the class action. The plaintiffs say there were two companywide policies that are alleged to cause racial bias. One was the authorization of brokers instead of managers to form and staff teams. The other was distributing the established accounts of brokers who left Merrill Lynch on the past success of the brokers who...

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Jimmy’s Charhouse to Pay $205,000 to Female Employees Subjected to Sexual Harassment

Jimmy’s Charhouse of Elgin, an Elgin, Ill., steakhouse, will pay $205,000 to resolve a sex discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced Wednesday. The EEOC sued Jimmy’s Charhouse on behalf of female employees who charged that they were sexually harassed by restaurant employees, including managers. The case, EEOC v. Jimmy’s Charhouse of Elgin, Inc. (10 C 6181), was filed on September 27, 2010. According to the suit, employees of Jimmy’s Charhouse, including former managers, harassed several hostesses and waitresses at the restaurant. The alleged harassment included sexual propositions, crude sexual comments and groping. One of...

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Loop Tilted Kilt Sued for Sexual Harassment by 19 Women

Published : Friday, 10 Feb 2012, 12:46 PM CST Sun-Times Media Wire Chicago - Nineteen women have filed a federal lawsuit claiming they were sexually harassed and subjected to a raunchy and “humiliating” work environment at a Loop bar. The three-count suit filed in U.S. District Court on Wednesday claims the owners of Tilted Kilt Chicago at 17 N. Wabash Ave., as well as a manager, created a sexually hostile, offensive, humiliating and degrading work environment. That included such raunchy behavior as grabbing waitress’ breasts; putting ice down employees’ skirts; licking employees’ ears and trying to kiss the women, the suit claims. Loop Tilted...

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Paramedics’ alleged mistakes in girl’s death likely to cost taxpayers

BY FRAN SPIELMAN City Hall Reporter fspielman@suntimes.com February 14, 2012 1:02AM Chicago taxpayers will likely spend $1.75 million to compensate the family of a 13-year-old girl who died of bronchial asthma in 2002 after a string of alleged mistakes made by Chicago Fire Department paramedics. Arielle Starks died at Advocate Trinity Hospital after an ambulance carrying her to the hospital collided with a car at 87th and Langley. Another ambulance picked up Arielle and took her to the hospital where she was pronounced dead. At the time, the Chicago Fire Department insisted that Starks was “close to death” when paramedics arrived on the...

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State: Belleville nursing home negligent in 77-year-old resident’s death

BY KEVIN BERSETT - News-Democrat The 77-year-old man who walked away from a Belleville nursing home last month and later died in the cold had wandered off from the facility two times in the weeks and months before his final disappearance, according to an inspection report released Friday by the Illinois Department of Public Health. Despite these previous attempts, Aubrey Giles, who suffered from dementia, kidney failure and heart disease, was not wearing a patient monitoring device Jan. 14 when he left Midwest Rehabilitation and Respiratory Care, 727 N. 17th St., the report states. The report also states that Giles' care plan --...

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Blake Anderson Breaks Back: ‘Workaholics’ Star Injured In Party Prank

In a ridiculous example of life imitating art, Blake Anderson of 'Workaholics' -- the scripted Comedy Central series about a group of hard-partying twenty-somethings juggling office life with an ambitious regimen of drugs and alcohol -- landed himself in the hospital with a broken back when a stunt he tried to pull went horribly wrong. At a party at his Los Angeles home on Saturday, Anderson, presumably trying to dunk a ping-pong ball during a beer-pong game, jumped from his roof and landed on the table, fracturing his spine. Anderson has reportedly undergone successful surgery to treat his injuries. Comedy Central...

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Dave Duerson’s family sues NFL

CHICAGO -- The family of former Chicago Bears player has filed a wrongful death suit against the NFL over his suicide. The suit was filed Thursday in Chicago on behalf of Duerson's children. Duerson died on Feb. 17, 2011, of a self-inflicted gunshot wound to the chest. The lawsuit accuses the NFL of negligently causing the brain damage that led Duerson to take his own life at the age of 50 by not warning him of the negative effects of concussions. The lawsuit says Boston University experts have determined that Duerson was suffering from advanced brain damage when he died. The NFL said in...

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Nursing home sued over walk-away resident’s death

February 22, 2012 (BELLEVILLE, Ill.) -- The daughters of a 77-year-old man who was found dead last month partly submerged in a creek are suing the southwestern Illinois nursing home from which the man wandered. Terri Dancy and Linda Woods filed the negligence lawsuit Tuesday in St. Clair County against Midwest Rehabilitation and Respiratory Center of Belleville and its management company, Senior Healthcare Management. Authorities say Aubrey Giles suffered from dementia and heart disease and wandered away from the home two other times in the months leading up to his death. Link...

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Study: 15% of surgeons report alcohol use disorder

Nurse.com News Monday February 20, 2012 A relatively small proportion of surgeons who responded to an anonymous survey self-reported alcohol use disorders that are consistent with alcohol abuse or dependence, according to a report. Because alcohol abuse disorders can cause clinically significant impairment and distress in other aspects of life, researchers evaluated the prevalence of alcohol use disorders in surgeons and explored the relationship of these disorders to personal and professional characteristics, surgeon distress and self-reported events, such as malpractice lawsuits and medical errors. Michael R. Oreskovich, MD, of the American College of Surgeons in Chicago and the University of Washington, Seattle, and...

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Returning military members allege job discrimination — by federal government

By Steve Vogel, Published: February 19 Every year, more than a thousand National Guard, reserve and active-duty troops coming back from Iraq, Afghanistan or other military duties complain of being denied jobs or otherwise being penalized by employers because of their military obligations. The biggest offender: the federal government. It is against federal law for employers to penalize service members because of their military service. And yet, in some cases, the U.S. government has withdrawn job offers to service members unable to get released from active duty fast enough; in others, service members have been fired after absences. Returning military members allege job discrimination...

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Chicago man charged in fatal crash on I-290

By Madhu Krishnamurthy A Chicago man who rear-ended a state police squad car early Saturday, killing a 42-year-old West suburban man warming up inside and injuring the state trooper, has been charged with aggravated driving under the influence, a DuPage County state's attorney's office news release said. The driver of the gray 2010 Chevrolet Impala, Daniel C. Clark, 32, was traveling east in the left lane of I-290 and crashed his vehicle into the parked squad car shortly after 1 a.m. east of Mill Road in Addison, authorities said. The state trooper's car was parked with emergency lights flashing behind a disabled vehicle...

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