Chicago Injury Lawyer Blog

With salmonella concerns “triggering the recall of more than a half-billion eggs in more than a dozen states,” experts stand by their long-standing, and simple advice: run away from raw or runny eggs. (S. Reitz, AP, 8/25).

However, experts have also come up with food safety tips to keep cooks at home “in the kitchen and out of the hospital,” all the while still enjoy Eggs Benedict and Pasta Carbonara. As a personal injury lawyer, I encourage all consumers to follow these tips to avoid unnecessary hospital visits.

First, eggs remain fresh for approximately a month after purchased. Do not consume questionable eggs – eggs with cracked shells are a definite pass, but also those who have been sitting in the refrigerator for longer than you can remember.

Next, try to eat thoroughly cooked scrambled eggs and hard boiled instead of sunny side up. As for poached eggs, a little longer is better, and about 5 minutes in gently boiling water should keep salmonella at bay.

Finally, for those recipes that simply cannot work without a little raw egg, consider a pasteurized egg product. These products, usually sold in cartons near milk, have been gently heated to kill off any pathogens. Some food service professionals have switched to this safer alternative.

A recent stroller recall should put parents on alert, and as a products liability lawyer in Chicago I urge parents to act swiftly to ensure that the strollers they are using are safe. (AP, 8/20).

The Zooper Tango double stroller distributed by Lan Enterprices, LLC that was recalled this week, and “prompted nearly 200 reports about its tendency to collapse. Fortunately, no serious incidents are known to have occurred. The strollers had model numbers of SL808B and SL808F and were sold at retailers nationwide and through Babies R US from January 2007 through August 2008.”

The issue with the stroller regard the ‘latch above the front wheels can fail when the stroller hits an object, causing the stroller to unexpectedly collapse. This can result in minor scrapes, cuts and bruises.”

A recent outbreak of salmonella has been linked to Fido's Foods by a government report that warns, “Fido's food may be making kids sick.” (Lindsey Tanner, AP Medical, 8/9). The outbreak is the first one in humans linked to pet food. Between 2006 and 2008, the outbreak sickened nearly 80 people, nearly half of which were toddlers aged 2 and younger.

Although recognized less than it should be, “pet foods are a source of salmonella infections in humans, as at least six unrelated pet food recalls have been issued this year by manufacturers because of possible salmonella contamination,” according to Food and Drug Administration.

As a personal injury attorney, I encourage all parents to keep young children away from pet food

According to new research, bystanders are generally “willing to attempt CPR if an emergency dispatcher gives them firm and direct instructions - especially if they can just press on the chest and skip the mouth-to-mouth.” (M. Stobbe, AP Medical, 7/29). As two new studies “conclude that "hands-only" chest compression is enough to save a life, it is a good skill to acquire.

Although, the American Heart Association “has been promoting hands-only CPR for two years, it's not clear how much it's caught on.” Using the simpler technique can save “hundreds if not thousands” of lives each year.

Consider that an “estimated 310,000 Americans die each year of cardiac arrest outside hospitals or in emergency rooms…and only about 6 percent of those who are stricken outside a hospital survive,” hands only CPR could have a substantial impact on these figures. Research and experience suggest that when a person collapses and stops breathing, many people panic and believe dialing 911 is the best and only thing they can do to help. Phoning 911 is absolutely critical, but so is attempting hands only CPR. The recent studies suggest dialing 911 and having the dispatcher coach you through administering CPR.

As a personal injury attorney, I too support any measures that can save additional lives.

Although swimming pool safety has improved, all summer swimmers should swim with caution, and parents must pay close attention to their children. A heart-breaking story of a boy drowning led two Connecticut parents to spread the word about swimming pool safety. As
a personal injury attorney, I join them in their mission to keep kids safe while swimming.

Karen and Brian Cohn of Greenwich, Connecticut, who lost their 6 year old son, Zachary, in a swimming pool accident three years ago after his arm became trapped in a suction drain, are “campaigning for tougher laws and to raise awareness about the dangers that surround pools.” (J. Christoffersen ,AP, 8/2). The Cohns, formed The Zac Foundation in memory of their son Zac, have turned their efforts towards adamantly fighting what they say are “efforts to weaken pool safety laws.” Although a spokeswoman for the pool industry denies any efforts to weaken pool safety, I, like the Cohns, believe you can never be too safe, and one life lost is one life too many.

With the U.S. obesity rates approaching 35 percent of adults, many are excited to get “their first extensive look at the first of a trio of new weight loss drugs this week. The hope is that the new drugs can succeed where many others have failed: delivering significant weight loss without risky side effects.” (Matthew Perrone, Washington AP, 7/12).

As a personal injury and products liability attorney in Chicago, I am always skeptical of new drugs, and weight loss drugs in general, especially since “two of the drugs submitted for approval simply combine existing drugs - an anticonvulsant and an amphetamine - but have worrying side effects. The third, a new medication, is safer but less effective.” Results of the FDA review are due shortly.

The obesity endemic in this country is certainly troubling, but, as always, proper and thorough testing of impending drugs is necessary.

Families of nine girls who say they were “bound, gagged, and molested” by a suburban Chicago band teacher were recently awarded a $3.5 million verdict by a federal jury. The families sued both the former band teacher, Robert Sperlik, and the former principal of the Berwyn school where Mr. Sperlik taught. (Chicago Sun Times, 7/9).

The lawsuit claimed “the principal knew about the abuse and intentionally hid information about the allegations. The families also claimed the district failed to uphold its responsibilities to the victims.” Police investigations uncovered previous letters of reprimand from the school instructing Mr. Sperlik to “quit the inappropriate touching.” This knowledge was never forwarded to the Illinois Department of Children and Family Services or the Police.

Robert Sperlik is currently service a 20-year prison sentence after he plead guilty in 2006 to the sexual abuse and kidnapping of more than 20 girls, some who were as young as nine.

As a personal injury attorney I am extremely disappointed by the careless disregard of the seemingly many red flags regarding Mr. Sperlik. I am hopeful that such important information will not be kept undercover in the future as many young girls suffered as a result.

The lives of many veterans from the wars in Vietnam, Iraq, and Afghanistan may change as “the government is preparing to issue new rules that will make it substantially easier for veterans who have been found to have post traumatic stress disorder receive disability benefits.” (J. Dao, NY Times, 7/7).

The Department of Veterans Affairs regulations, “will essentially eliminate a requirement that veterans document specific events like bomb blasts, firefights or mortar attacks that might have cause P.T.S.D.” Finding such records can be extraordinarily time consuming and sometimes impossible. Others assert that veterans who did not serve in combat still suffer from P.T.S.D. and could not receive any benefits.

Under the new rule, which applies to veterans of all wars, “the department will grant compensation to those with P.T.S.D. if they can simply show that they served in a war zone and in a job consistent with the events that they say caused their conditions. They would not have to prove, for instance, that they came under fire, served in a front-line unit or saw a friend killed.”

Although many assert that this change will open the door for many baseless claims, the veterans department will continue to review all claims and can discard those that are fraudulent.
As a personal injury attorney in Chicago, I am very pleased with this positive change to the Department of Veterans Affairs rules as many veterans who have suffered from P.T.S.D. have gone uncompensated for too long.

Although there are countless victims of the recent BP oil spill, there is one group that may end up being overlooked victims. Employees who are paid in cash, such deckhands and laborers, unfortunately don't have any way to prove losses in the BP claims process and could end up being “hidden victims of the spill.” (K. McGill, AP Hopedale, LA, 7/7).

As a personal injury attorney I am saddened by this hard truth and am hopeful that some will fight for the rights of those who probably need the monetary recovery the most. Charitable groups are “trying to find and help such people. One group, Horizon Relief, is contacting seafood-related businesses along the coast, seeking information on employees who might need help.”

Aid workers and lawyers suggest many reasons why some people may not come forward and file a claim, including: they lack tax returns and other necessary documentation or are overwhelmed by the paperwork; others cannot read and do not want to admit illiteracy; some worry that their failure to pay taxes on past cash income may create other legal trouble and do not want to face any additional obstacles.

New medical guidelines for cancer survivors urge them to exercise more, even for cancer patients who are not yet finished with treatment. (L. Neergaard, AP Medical, 6/29). These guidelines take into account growing evidence that “physical activity improves quality of life and eases some cancer-related fatigue… [and] can help fend off a serious decline in physical function that can last long after therapy is finished.”

For example, a UAB Medical center doctor confirms that “in one year, women who needed chemotherapy for their breast cancer can see a swapping of muscle for fat that's equivalent to 10 years of normal aging.” Thus, physical activity is essential post chemotherapy treatments.

Moreover, “among the nation's nearly 12 million cancer survivors, there are hints - although not yet proof - that people who are more active may lower risk of a recurrence. And like everyone who ages, the longer cancer survivors live, the higher their risk for heart disease that exercise definitely fights.” In short, the benefits of light physical activity, walking the dog or playing golf, for example, are immense, and as a personal injury and medical negligence attorney in Chicago, I am hopeful that everyone, especially cancer patients, get outside this summer and exercise.

As a personal injury lawyer, I see obesity at a serious problem; a problem that needs to be addressed by everyone. Parents see obesity as a problem, but not as their problem. This attitude needs to change, according to an annual obesity report that includes a new survey regarding parental attitudes. (M.C. Jalonick, Washington AP, 6/29).

The survey shows “an increasing awareness of obesity and its threat to public health, though 84 percent of parents say their children are at a healthy weight even though more than a third of children are considered overweight or obese.” Considering that obesity rates increased in nearly 30 states last year, and Mississippi stands as the fattest state for the sixth consecutive year, this problem is not getting any less serious.

I am hopeful that everyone starts to take obesity seriously and makes the necessary lifestyle changes.

As a products liability lawyer, I urge all consumers to stay on top of recalls and remove defective products from their homes immediately, especially those products affecting children.

This week, “more than 2 million cribs from seven companies were recalled amid concerns that babies can suffocate, become trapped or fall from the cribs.” (J. Keer, AP 6/24). Most of the recalled cribs were drop-side models. The movable side becomes problematic when it detaches from the crib, “creating a dangerous gap where babies' heads can become trapped, leading to suffocation or strangulation.”

The brands of cribs affected were: Evenflo, Delta Enterprises Corp., Child Craft, Jardine Enterprises, LaJobi, Million Dollar Baby and Simmons Juvenile Products Inc.
Fortunately, no deaths have resulted from the defective products, but entrapments have been reported, leading to at least one hospitalization.