Chicago Injury Lawyer Blog

A lawsuit testing the constitutionality of Illinois' medical malpractice damage caps is expected to come before the Illinois’ Supreme Court this fall. The 2005 state law limits medical malpractice awards for non-economic damages such as pain and suffering to $500,000 for doctors and $1 million for hospitals. The law does not limit compensation for economic damages such as the cost of medical care and lost wages.

The case that could overturn the law was filed by Frances LeBron, whose daughter Abigaile was seriously injured during her October 2005 birth. The complaint alleges that the girl suffers mental impairment and cerebral palsy and will need extensive medical care for the rest of her life. In November, Cook County Circuit Judge Diane Larsen sided with plaintiffs and declared the law unconstitutional and invalid in its entirety. She said the statutory limits on awards interfered with juries' responsibility to award appropriate compensation for injuries.

At least twice before the Supreme Court has declared laws that limit personal injury awards to be unconstitutional, partly on grounds they violate the separation of judicial and legislative powers. Arguments before the high court have not been scheduled but could come as early as next month. A consistent ruling by the Supreme Court will mean that this law limiting the damages of the most severely injured victims will be rejected like those before it. If you have comments about this post, please contact Chicago Medical Malpractice Attorney Chris Hurley at (312) 553-4900.

In the hopes of curtailing future bicycle injuries, the U.S. Consumer Product Safety Commission (CPSC) in cooperation with Look Cycle voluntarily recalled approximately 80,000 KéO brand bicycle pedals. The San Jose, California company made this decision after it uncovered a defect in the structural composition of the bicycle pedal it distributes. Specifically, the steel axle inside the bicycle pedal has showed systematic weakness and a tendency to break, thus creating a hazard for any cyclist using the pedal. The recall can be found here.

After 14 reports of Look Cycle bicycle pedals breaking--seven of those cases resulting in injuries--the CPSC recommended that all users of the pedals discontinue use immediately and exchange the faulty pedals in hopes of avoiding injury. Because bicyclists are virtually unprotected on the road, bicyclists often suffer severe injuries from accidents. There is potential for product liability litigation in relation to this recall. If you have questions about the product recall discussed in this blog, contact Chris Hurley at Hurley McKenna & Mertz, P.C. at (312) 553-4900.

Each year, millions of Americans are treated for Traumatic Brain Injuries (TBI). In fact, TBI is the leading cause of death among those 45 or younger. TBI can be caused by direct head trauma but can also be caused by severe shaking or whiplash from a car accident. More recently it was discovered that exposure to explosive charges-- like soldiers serving in the Iraq war have been exposed to—can cause brain damage when pressure from an explosion moves through the body and causes damage to the brain cells.

While many people show signs of TBI, it is common for people who suffer from brain damage to not show any outward symptoms, as there may be no bleeding or loss of consciousness. To add to the complication of diagnosing TBI is the fact that MRIs fail to detect 15% of TBIs, however, more research is being conducted as a result of the number of soldiers coming back from Iraq with brain injury. Many times, the success of civil lawsuits relating to TBI depends on the quality of the medical expert retained to testify about the plaintiff’s brain trauma. The attorneys at Hurley, McKenna & Mertz, P.C. have a long history of pursuing difficult cases on behalf of average citizens who were injured due to no fault of their own.