Chicago Injury Lawyer Blog

Woman Battling Flesh-Eating Bacteria After Zip-Line Accident

2012-05-17T18:09:42Z

A Georgia woman currently in graduate school is in critical condition fighting a rare flesh-eating infection that she contracted after cutting her leg in a zip-line accident. The accident happened when the zip-line snapped, plunging the woman into the rocky river below. When she entered the water, she suffered a deep gash to her leg from the rocks in the river. She was taken to a local emergency room where doctors closed her wound with staples. Within a few days, her wound became infected and she returned to the hospital where she was diagnosed with a rare flesh-eating bacteria infection.

Although flesh-eating bacteria infections are rare, they are very dangerous. Once the bacteria enter the body, they quickly reproduce and cut off blood flow to parts of the body. The bacteria can destroy muscle, fat, and skin tissue. To save the life of a patient suffering from flesh-eating bacteria, physicians must surgically remove affected areas to stop the disease from spreading to vital organs.

In the case of the Georgia woman, doctors have amputated most of her left leg and expect to also amputate her hands and right foot. She also faces a long recovery from kidney failure and other organ damage caused by the infection.

This woman has suffered a catastrophic injury and she will have to deal with the repercussions of it for the rest of her life. Not only has she suffered this serious injury, but it is quite clear to me, as a personal injury lawyer, that this injury was wrongfully caused. First, in a dangerous activity like a zip-line, the operators owe their customers a duty to use the upmost caution and diligence to ensure that the mechanism is operating safely and properly. In this instance, the unknown flaw which caused the zip-line to break, likely could have been detected if the operators had used due diligence. Second, the emergency room physicians who stapled the woman’s leg may not have taken the proper precautions to avoid an infection.

Regardless of who is ultimately found to be at fault, this woman suffered a terrible injury that was wrongfully caused and I hope to see those responsible held liable for their mistakes. Most importantly, I hope this young woman is able to make a full recovery and return to her normal life to the greatest extent possible after such a horrific event.

Troubling Findings in the Investigation of the Indiana State Fair Stage Collapse

2012-04-13T19:24:10Z

In a report released this week investigators concluded that the Indiana State Fair stage, which collapsed prior to a concert last summer killing seven people, failed to meet proper safety standards. In addition, fair officials did not have a fully developed emergency plan in place to deal with this kind of disaster. This unpreparedness is simply inexcusable.

Testing revealed that the stage structure could not withstand as low as 25 mph wind gusts. Gusts reached around 59 mph when the stage collapsed. This stage was clearly far from equipped to handle the strong wind gusts, which are fairly common in the Midwest. As a Chicago injury lawyer, I am shocked that organizers for a large event like this could overlook such an important safety concern.

The lack of organization among fair officials is equally appalling. According to the report, “an ambiguity of authority” resulted in uncertainty as to who was in charge of deciding whether to postpone the concert. Furthermore, multiple individuals including a state police captain and a band manager, urged officials to cancel the show a mere minutes before the collapse. Yet, band members pushed for the show to go on. In situations like these, I have seen that it is always much better to err on the side of caution. Simply put, why take the risk?

Unfortunately, because lack of communication among many other errors, officials rolled the dice with the always unpredictable Midwest weather and because of this, seven people lost their lives and numerous others were injured.

People who attend large events like this deserve to know that measures have been taken to keep them safe in the event of a catastrophe. Sadly, last August, a complete lack of care by Indiana State Fair officials put every single attendee in danger and seven people died.

Former Gymnasts Speak Out Against Abusive Coach

2012-04-12T19:33:04Z

Unfortunately, reports of child sex abuse by sports coaches are becoming more and more prevalent these days. A group of former youth gymnasts are speaking out, as adults, against their coach who physically and sexually abused them for years. According to these women, the abuse occurred throughout their rigorous schedules as elite gymnasts.

The gymnasts explained that the abuse would begin as physical in the form of punishment during training. The coach’s abuse then would eventually become sexual. This horrific abuse persisted for decades as numerous girls were victimized by this predator.

As I read the stories of these courageous women, I immediately wondered, how could this have gone on for so long without someone putting a stop to it? It appears that numerous factors contributed to the abuse going on for so long. First, parents of the gymnasts were required to sign waivers that barred them from attending practice. Thus, parents were unaware of the coach’s physical abuse during practices, which could have raised red flags. Second, these young gymnasts traveled extensively, often without their parents. This gave the coach access to the girls in secluded areas like hotel rooms where he could accomplish his sinister abuse. Third, even when faced with evidence of the abuse, it seems as though parents and USA Gymnastics officials turned a blind eye.

As a personal injury attorney with extensive experience dealing with sex abuse cases, I find this story very troubling, and I am concerned that many similar reports of abuse by coaches are going untold. In the increasingly competitive arena of youth athletics, where college scholarships are on the line, it may be more tempting to overlook suspicious behavior by coaches, in particular ones that are very talented at what they do. In this case, parents and gymnastics officials did just that. USA Gymnastics did not make this coach permanently ineligible until the conclusion of an investigation in 2010. Unfortunately, this should’ve been done 30 years ago.

I commend these women for their courage and perseverance in coming forward against this systematic abuser. I hope this story highlights the importance of aggressively investigating and policing any and all allegations of abuse by coaches of youth athletics.

Trial Begins for Church Official Accused of Covering Up Sex Abuse Evidence

2012-03-30T19:35:28Z

Last week, the criminal trial of a Catholic archdiocese official accused of hiding evidence of sexual abuse by priests began in Philadelphia. The accused official served as the secretary for clergy and from 1992 until 2004 was responsible for investigating reports that priests had sexually abused children. According to prosecutors, the official knowingly covered up incidents of sexual abuse and allowed abusive priests to have access to children, thus putting countless children at risk.

This case is particularly noteworthy because it marks one of the first instances in which the charges go beyond prosecuting priests for the actual abuse and include charges against a church official for covering up the abuse in question. As a Chicago personal injury attorney with extensive experience handling sex abuse cases, I am encouraged to see church officials being held criminally liable for enabling the abuse of these pedophile priests over many years. In nearly every case of child sex abuse by priests, higher-up church officials were aware of the priests’ abusive tendencies. Furthermore, these officials often hid these problems by doing things like transferring the abusive priest to a different parish or simply giving the priest a verbal warning. Abusive priests were rarely permanently removed from duty and law enforcement officials were virtually never notified of the allegations. Through this unforgivable inaction by church officials, child sex abuse by priests was allowed to go on for decades.

As more and more evidence comes out which shows church officials covering up child sex abuse, I am confident that additional enabling church officials will faces charges for their actions.

If you are a victim of sexual abuse or are inquiring on behalf of a friend or family member who has suffered a sexual assault, contact experienced trial lawyers immediately to confidentially discuss your claims.

Death on Escalator Could Have Been Prevented

2012-03-16T20:27:34Z

An 88-year-old woman from New York died this past Tuesday after she fell down an escalator at a railroad station and suffocated when her clothes became entangled in the escalator's treads. According to other riders who use the station, the two-story escalator has had problems for a long time. Specifically, one of the railings moved when the other did not and this could cause a rider to lose his or her balance. Also, plans were being made to replace this outdated escalator but financing had yet to be secured for the project.

A railroad official disputed that there were any problems with the particular escalator. He stated it "is inspected monthly and is maintained in good operating condition."

As a Chicago personal injury attorney, I highly doubt the railroad official's assertion that this escalator was in "good operating condition." Instead, I place much higher value in the accounts of other riders who described the common malfunctions of the escalator.

This tragic event demonstrates the serious danger posed by things that many of us encounter everyday and think nothing of. These everyday things, like elevator doors or automated train gates, must be carefully inspected because of their high volume of use. Accidents are simply more common because people are constantly using these things, and thus, when they are in disrepair, it is only a matter of time before someone gets hurt.

This 88-year-old woman relied on the railroad company to maintain the escalator in such a way that it could be safely used by everyone. Unfortunately, the company failed to do this. I believe that with proper inspection and maintenance this tragic accident could have been avoided.

Cal. Supreme Court: Schools Liable for Hiring Molesters

2012-03-15T19:01:36Z

Last week, the California Supreme Court unanimously ruled that administrators who learn that an employee may be prone to molesting children, but fail to take action to protect students, can be held civilly liable for their inaction. This ruling came in a case in which a 15 year old boy was molested by a guidance counselor at a high school. The administrators knew the counselor had a history of sexual misconduct but still hired her.

The justices explained that administrators have a duty to protect children. Thus, if an administrator knows about an employee’s history of sexual misconduct or learns of an employee’s sexual misconduct on the job, the administrators must take steps to adequately supervise or fire the employee immediately.

As an experienced personal injury attorney, I am pleased to see a state’s highest court recognize the duty of school administrators to protect children from molesters, and yet, I believe the decision could have gone even further. First, if an administrator knows of a potential employee’s history of sexual misconduct towards children, the person should be disqualified from consideration automatically. Unfortunately, in many cases, an individual who has committed an act sexual misconduct towards children will eventually commit another act and can never be fully rehabilitated. Second, if an administrator learns of an employee’s sexual misconduct on the job, the employee should be either suspended or fired immediately to prevent further harm to children attending the school. Although in some cases the employee may be able to eventually prove his or her innocence, we must err on the side of caution when it comes to protecting children from sexual abusers. Specifically, we must impose a duty on school administrators to place the utmost scrutiny on sexual abuse allegations against school employees.

PSU Sexual Abuse Scandal: Abuse Occurred Primarily on PSU Grounds, Washington Passes ‘Jerry Sandusky Bill’

2012-03-02T19:55:32Z

According to prosecutors in the sex abuse case against former Penn State coach Jerry Sandusky, eight of the ten boys were sexually abused on Penn State grounds. Both victims and witnessed stated that the abuse occurred in campus football buildings, in dormitories, in locker rooms, in showers, and in an outdoor pool. The ages of the victims at the time of the abuse ranged from 8 to 13 years old.

I find it very troubling that Sandusky was able to accomplish this abuse in various public areas throughout the Penn State campus without raising more eyebrows. Regardless of Sandusky’s ability to hide the abuse, without question, individuals witnessed and intentionally ignored this highly questionable behavior. For instance, on multiple occasions individuals must have seen Sandusky entering and leaving areas, like the showers or locker room, with young boys and thought it to be odd. The fact that Sandusky was a well-known, powerful football coach was no reason for members of the Penn State community to give him the benefit of the doubt for so many years.

As a trial lawyer with experience handling sex abuse cases, I am aware that suspicions situations between an adult and a child, unfortunately, rarely prove to be innocent. Thus, whenever someone observes questionable behavior, he or she should report it to the appropriate authorities immediately. Thankfully, the PSU scandal has highlighted this necessity of reporting suspicious behavior. The Washington state Legislature recently passed the ‘Jerry Sandusky bill,’ which requires higher education employees to report suspected abuse to authorities. The bill’s sponsor explained that the increasing number of children on college campuses due to sports and academic camps requires enhanced measures to ensure their protection and avoid a Penn State situation. Hopefully other states follow Washington’s lead and enact similar legislation to protect children from serial abusers like Jerry Sandusky.

Boy Scouts of America Ordered to Turn Over Confidential Files in Sex Abuse Case

2012-02-24T17:53:34Z

A California judge recently ordered the Boy Scouts of America to hand over confidential files detailing allegations of sexual abuse by Scout leaders as part of a lawsuit brought by the family of a boy molested by his troop leader.

According to a CBS/AP report, the documents sought are known as “ineligible volunteer files,” which are intended to keep those accused of sexual misconduct out of the Boy Scouts. Boy Scouts officials have fought the release of these files by arguing that it will violate victims’ privacy rights and that many files are based on unproven allegations. Furthermore, the Boy Scouts are asserting that these files have not been used to conceal sexual abuse.

The victim’s parents in this case were told not to call the police by an official because the Boy Scouts perform their own internal investigation of sexual abuse allegations. Based the widespread sexual abuse that has occurred in this organization throughout the country, these so-called “internal investigations” clearly are either completely ineffective or nonexistent.

As an experienced Chicago trial lawyer, I feel that the Boy Scouts of America resisted releasing the “ineligible volunteer files” because the contents of the files will expose the organization’s extensive concealment of sexual abuse claims over the past decades. The Boy Scouts of America owed to each boy who participates in the organization a duty to protect them from pedophiles. Unfortunately, this organization has fallen woefully short of satisfying this duty.

Study Finds High Arsenic Levels in Rice Products

2012-02-16T19:51:38Z

The discovery of higher concentrations of inorganic arsenic found in certain infant formulas, cereal bars and high energy foods has prompted Dartmouth College researchers to call for regulatory limits on arsenic levels in foods.

Based on the Dartmouth College study, high levels of arsenic may be found in food products which list organic brown rice syrup as an ingredient. Organic brown rice syrup is used as an alternative to high fructose corn syrup. Rice can be a major source of inorganic arsenic.

Additionally, a report last year found that arsenic levels in certain fruit juices exceeded the federal limits set for arsenic levels in drinking water.

As a products liability attorney in Chicago, I advise consumers, particularly parents purchasing infant formulas, to avoid products with organic brown rice syrup until health officials and researchers can fully address these concerns related to arsenic levels.

Counterfeit Cancer Drug Found in U.S.

2012-02-16T16:12:44Z

Swiss drug maker Roche is warning doctors, hospitals, and patient groups that a counterfeit version of its widely used cancer drug, Avastin, has been found in the U.S.

Tests of counterfeit vitals indicated that they did not contain the active ingredient used in the cancer drug. At this point, it is not clear how much of the counterfeit product was distributed in the U.S. or whether it has caused any harm. The FDA has not received any reports of side effects linked to the counterfeit product, but has sent letters warning medical practices that might have purchased counterfeit Avastin.

As a personal injury lawyer, I feel this incident highlights the growing danger of counterfeit and mislabeled medications in the U.S. Many Americans are unaware that any drug, whether prescription or over-the-counter, is susceptible to be either counterfeited or mislabeled, which could lead to various hazardous results. For instance, when a drug is counterfeited or mislabeled, a patient with a severe allergy to a particular ingredient could unknowingly ingest that ingredient if it is contained in the counterfeit or mislabeled drug.

In light of these concerns, I urge everyone to exercise caution when it comes to all medications and contact a medical professional immediately upon any unexpected or adverse reactions.

Cook County Morgue Fails to Identify Body for 14 Months, Suit Alleges

2012-02-08T23:42:10Z

The Chicago law firm of Hurley, McKenna & Mertz P.C. has filed a lawsuit against the County of Cook on behalf of the family of a woman whose body lay unidentified in the Cook County Medical Examiner’s Office for over fourteen [14] months.

The suit alleges that 47 year-old Carmelita Johnson went missing in Chicago in January of 2010. On April 10, 2010, Chicago Police Department officers discovered the body of Ms. Johnson on the Lake Michigan shore south of Rainbow Beach. Chicago Police transported Ms. Johnson’s body the same day to the morgue of the Cook County Medical Examiner’s Office.

Ms. Johnson’s family contacted the Cook County Medical examiner’s office weekly between January of 2010 and June of 2011, seeking information regarding their missing family member. However, employees of the Cook County Medical Examiner’s Office repeatedly told Ms. Johnson’s family over a fourteen month period that they did not have her body, even though her body was at the morgue. Further, morgue employees refused to allow the family to view the remains of unidentified bodies in the morgue, despite the fact that a body matching Ms. Johnson’s description was in the morgue but unidentified. Ultimately, the Cook County Medical Examiner’s office did nothing to identify Ms. Johnson’s remains until June of 2011, despite the family’s willingness to supply the office with dental records and tissue samples throughout that fourteen month period.

The Johnson family’s plight is highlighted by Cook County Board President Toni Preckwinkle’s recent admission that she was "disturbed and disappointed and discouraged," because the Cook County Medical Examiner's office has allowed hundreds of unidentified bodies to stack up in a crowded cooler.

"The manner in which the Cook County morgue and medical examiner’s office treated Ms. Johnson’s family raises serious questions about the County’s oversight of that office. Ms. Johnson’s family is looking for answers,” according to Christopher Hurley, one of the attorneys for the Johnson family.

The case is entitled Leslie Jackson, et al. v. County of Cook, Cook County Circuit Court No. 2012 L 001477. Questions regarding the case can be directed to Christopher Hurley at (312) 553-4900. Requests for copies of the Complaint at Law may be sent to cthurley@hurley-law.com.

Verdict in Favor of Police Officer Subjected to Religious and Ethnic Slurs by Boss

2012-02-02T18:40:14Z

As a Chicago plaintiff’s attorney, I am pleased that a federal jury awarded $30,000 to a Chicago police officer who faced repeated religious and ethnic slurs from his superior.

The religious and ethnic slurs were directed at the police officer’s Jewish and German heritage. According to the Chicago Tribune story, witnesses testified at trial that the police officer’s superior, “repeatedly ridiculed [the officer] with anti-Semitic comments, calling him ‘Jew Boy’ or ‘stupid Jew’ and saluting him with ‘Heil Hitler.’” After an internal department investigation found the superior to be at fault, he retired instead of serving his suspension.

Individuals facing discrimination in the workplace, whether based on race, religion, ethnicity, or gender, suffer severe emotional distress. Particularly when the discrimination comes from a superior, individuals may be hesitant to report the discrimination for fear of retaliation or loss of job. Because of this, employers must stress to employees that any form of discrimination will not be tolerated and should be reported immediately.

550 Sexual Abuse Claims Against Archdiocese of Milwaukee Made Before Bankruptcy Court Deadline

2012-02-02T18:23:52Z

Last year, the Archdiocese of Milwaukee filed for bankruptcy protection, stating that sexual abuse lawsuits against it could lead to debts that it could not afford. The bankruptcy court set February 1 as the deadline for claims to be filed against the Archdiocese. Before this deadline, approximately 550 clergy sex abuse claims were filed. In fact, one priest was accused of abusing around 200 boys at a suburban school for deaf students over a 24 year period.

The Archdiocese of Milwaukee has already paid more than $30 million to settle clergy sex abuse claims. Sadly, the number of victims and size of these settlements demonstrate the pervasiveness of the abuse and the crippling harm that it has caused so many people.

Although it is unfortunate that this deadline had to be set, I am glad to see that 550 victims had the courage to come forward. If you are a victim of sexual abuse or are inquiring on behalf of a friend or family member who has suffered a sexual assault, contact experienced trial lawyers immediately to confidentially discuss your claims.

Italian Cruise Line Offers Discount on Future Cruises to Survivors of Ship Disaster

2012-01-24T15:02:50Z

This past week, the owners of the Costa Concordia offered stunningly low compensation to survivors of the wrecked cruise ship in the form of a 30 percent discount on future cruises. A spokesman for Costa Cruise said, "The company is not only going to refund everybody but they will offer a 30 [percent] discount on future cruises if they want to stay loyal to the company."

As a Chicago personal injury lawyer, I find the company's response to be troubling on multiple levels. First, the survivors of the cruise ship disaster have experienced an extremely traumatic event, thus, boarding a cruise ship in the future will likely be stressful and unpleasant for many of them. Second, a full refund and a 30 percent discount are insufficient to compensate these individuals for the emotional distress they experienced as a result of the cruise ship company's negligence.

In fact, the cruise ship's offer is so inadequate that it has insulted many of the survivors, as evidenced by one survivor's reaction, "It is a ridiculous and insulting offer. I am very disappointed in them. They are not accepting their responsibilities at all. Our only back-up is separate legal action." I trust that legal action will hold the cruise ship company accountable for its negligence and secure just compensation for the survivors.

Nursing Home Employee Sentenced to 10 Years for Abuse Caught on Tape

2012-01-12T19:01:43Z

A Cleveland woman who worked as a nursing assistant at a nursing home has been sentenced to more than 10 years in prison for abusing an Alzheimer’s patient.

The abuse was captured by the patient’s son through a video camera hidden in an air purifier. The video showed the nursing assistant, “roughly transferring [the patient] to a wheelchair and tossing her on a bed.”

As a Chicago area attorney with extensive nursing home experience, I feel that unfortunate events like this are far too prevalent and demonstrate the pressing need for greater supervision of nursing home employees. Nursing homes must implement improved systems of employee surveillance to protect their vulnerable residents and immediately put a stop to abuse when it occurs.

]]> Hurley, McKenna & Mertz dedicates its practice to representing elderly individuals harmed by the negligence of nursing homes. For more information or a free consultation please contact us online at www.hurley-law.com or by phone at 312-553-4900.