Chicago Injury Lawyer Blog

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.

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.

The Penn State sexual abuse scandal reminds us as trial lawyers that large institutions that deal with children do a terrible job of policing themselves when it comes to child sexual abuse. Institutions like the Catholic Church, and its Archdioceses in Chicago, Milwaukee and Boston, for example, have failed to respond to the problem of sexual abuse of children by priests, brothers and nuns honestly and firmly. Instead, the Catholic Church, like Joe Paterno and the Penn State administration, has responded to the abuse with excessive leniency, insensitivity, secrecy, and neglect.

New York Times columnist Frank Bruni recently addressed the parallels between the scandal at Penn State and the scandals involving large institutions such as the Catholic Church and the Boy Scouts of America:

That has been true of the Boy Scouts, which has paid out tens of million of dollars in response to lawsuits by former scouts molested by adults who continued to work in the organization despite complaints or questions about their behavior.

That has been true of the Roman Catholic Church, whose diocesan heads and bishops repeatedly transferred abusive priests from one parish to another rather than report them to law enforcement authorities. This cover-up spanned decades and went all the way up the hierarchy of the church.

Many factors explain it, including a fear of scandal and desire to protect the church’s image. The Boy Scouts, too, didn’t want messiness exposed.

The truth in cases where large institutions hide sexual abuse is usually revealed only when experienced trial lawyers can use the power of the courts to force institutions like the Archdiocese of Chicago to open up their files on the histories of their abusive priests and brothers. Even if you or a loved one were sexually abused long ago, you may still be able to pursue claims against the religious organizations involved in the abuse. 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 Hurley McKenna & Mertz immediately to confidentially discuss these claims.

The Penn State sexual abuse scandal reveals a pattern of conduct that the trial lawyers at Hurley McKenna & Mertz are well-acquainted with—a man in a position of power at a loved and respected institution uses his position to abuse children, and the officers of the institution not only refuse to stop the evil conduct, but actively work to protect the abuser. In our experience, that same pattern has consistently played out when we investigate allegation of sexual abuse by priests and brothers affiliated with the Catholic Church.

Abuse experts see many similarities between the Penn State scandal and Catholic Church scandals in cities such as Chicago, Milwaukee and Boston:

Child sex abuse expert Kenneth Lanning, who worked in the FBI for 30 years, said the abuse suspects in Boston and at Penn State share similar profiles as “acquaintance molesters,” who have access to children, do good things for them and often are seen so far above reproach that people don’t believe even obvious signs that something is wrong.

He said institutions such as Penn State and the Boston archdiocese also have similar profiles, as successful and respected organizations, with strong motivation to preserve their reputations. That can lead to bad decisions to avoid negative publicity, even if there’s no malicious intent, he said.

“Any youth-serving organization can have these problems,” he said. “But I think when you have a youth-serving organization that has a certain aura about it, or status about it, then I think there’s at least a strong potential that that can influence their decision-making process and how they handle things.”

However, the Penn State sexual abuse scandal also reveals: YOU ARE NOT ALONE. Even if you or a loved one were sexually abused long ago, you may still be able to pursue claims against the religious organizations involved in the abuse. 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 Hurley McKenna & Mertz immediately to confidentially discuss these claims.

Bishop Robert Finn of the Catholic Church has been indicted by a grand jury for failure to report suspected child abuse in Kansas City. According to a related civil lawsuit, the bishop was first warned about a priest’s inappropriate interest in young girls in 2006. Then, in May 2010, the bishop received a letter from the principal of a Catholic elementary school complaining about the same priest’s behavior with children. Finally, last December, a computer technician found lewd photographs of young girls on the priest’s computer.

Parents were not notified about the allegations against the priest or the photographs found on his computer. In the five months following the discovery of the photographs, the priest was allowed to attend children’s birthday parties and host Easter egg hunts. Also, the priest presided over a young girl’s First Communion with the express permission of the bishop.

To make matters even worse, less than three years ago the bishop agreed, as part of $10 million lawsuit settlement, to immediately report anyone suspected of child sexual abuse to law enforcement.

Police are concerned that numerous children may have been victims of sexual abuse by the priest.

Victims of child sexual abuse face severe psychological harm, which, in many cases, continues throughout their adult lives. As a Chicago personal injury lawyer, I am pleased to see that church officials are now facing criminal sanctions for enabling clergy sex abuse by covering up incidents and not reporting them to law enforcement.

Continue reading "Bishop Faces Criminal Charges for Failing to Report Abuse" »

Amid detection of low levels of radiation in the United States, he Food and Drug Administration says “it will halt imports of dairy products and produce from the area of Japan where a nuclear reactor is leaking radiation.” (M.C. Jalonick, AP Washington, 3/22).

Although the FDA previously reported it would enhance the screening of foods from Japan, the agency is now saying foods from the affected area of Japan “will be detained at entry and will not be sold to the public.” Other imported foods, such as seafood, will continue to be sold but will first be screened for radiation.

Although Japanese imported foods constitute less then 4 percent of all imports of the U.S, it is still critical for the FDA to ensure safety for all consumers. As a Chicago personal injury lawyer, I am supportive of the FDA’s steps to ensure food safety.

As a Chicago personal injury lawyer, I am very concerned by the following Chicago Tribune story.

An inadvertent discovery by a Crestwood police officer of psychiatrist Joel Carroll’s office led to the discovery of an office space in complete disarray including “roaming cats, a Colt AR-15 assault rifle and other guns, ammunition, military-grade smoke grenades, sex toys, and pornography.” (M. Twohey, Chicago Tribune, 2/24). Later, state regulators suspended his license declaring him a “danger to his patients” after determining that Carroll had “engaged in sexual misconduct and committed other violations of the state Medical Practice Act.”

However, Carroll’s practice should have been shut down years earlier after a 2007 finding by the Illinois Department of Corrections that Carroll committed “inappropriate conduct with a female inmate and barred him from working in a prison.” Naturally, this raises questions about the viability of the reporting and disciplinary systems.

State agencies, county prosecutors, insurance companies, and health care employers and associations are “required to report potentially dangerous and unprofessional doctors to medical regulators, who can bar the doctors from practicing and keep patients out of harm's way.” However, the Tribune article reports that these mandatory reporters reported only 348 incidents in 2009, only one of which led to suspension of the Physician’s license. This is an unacceptable level of disciplinary action, which allows dangerous doctors to continue practicing subject patients to further harm.

Not only is the disciplinary response problematic, so is the mandatory reporting. For example, “in the case of Carroll, the corrections department provided no notification that the psychiatrist had breached security during a visit to the inmate and allegedly made a sexual advance toward her, even though state agencies must report any potential violation of the Medical Practice Act.” Therefore, the regulators were unable to seek any disciplinary action. Sadly, Carroll’s story only gets worse as more information is uncovered. In addition to making sexual advances towards a female inmate client, it has also been discovered that Carroll gave presigned prescriptions to a recovering drug addict, and he has admitted that he spend “numerous nights at the home of a patient who suffered from anxiety and panic disorder.” Although this is only the tip if the ice berg, it is immediately clear that Carroll; is dangerous to his patients and should not be allowed to practice medicine. The regulators and mandatory reporters must step up enforcement of the Medical Practice Act in order to keep patients safe.

Chicago Mayor Richard Daley says, “overall, the city responded well to this week's blizzard and defended the decision to close the Lake Shore Drive.” (Chicago AP, 2/3). As a Chicago personal injury lawyer, I agree with the Mayor, and am pleased that the roads were cleared as quickly as possible such that no serious injuries were reported.
Daley stood by the decision to close lakeshore drive during crisis. Although hundreds of vehicles were stranded, the roadway was cleared in a timely manner and closing the roadway potentially avoided serious injuries.

I am pleased that Chicago area residents seemingly took the blizzard seriously and, for the most part, remained safely at home during the worst of the storm. As such, many injuries were likely avoided.

While smart phones and other electronic devices “changed popular culture by offering an ability to always stay connected, they have so swiftly turned into such a compelling need that a simple walk down the street is considered wasted time.” (D. Bauder, AP New York, 1/25). The inability of many to spend a few minutes not using their smart phones has caused needless injuries both in drivers and pedestrians.

In an impromptu analysis, one journalist noticed that “generally speaking… about one in 10 pedestrians [was walking while texting or emailing].” He further noted that ‘even people not using their smart phones kept them in their hands, like drawn weapons.”

Although there are many benefits to smart phones, needless injuries should always be avoided. As a Chicago personal injury lawyer, I encourage drivers and pedestrians alike to be aware of their surroundings.

A tribune staff report cautions citizens about the dangers of the impending storm. As a Chicago personal injury attorney, I join them in encouraging people not to under estimate the impact of a storm this size – please take all necessary safety precautions, and do your best to avoid the roadways.

The National Weather Service has “issued a blizzard warning for the Chicago area as a dangerous storm swooping in from the South [that] could dump more than 18 inches of snow and … lead to whiteout conditions, making travel extremely dangerous.” Ice is another serious concern, as the high winds could cause waves to wash up on lakeshore drive.

Many Chicago area schools are closing early tomorrow, and are considering school cancellations on Wednesday. Please be careful and drive only when necessary in blizzard or white out conditions.

Though fluoride in drinking water “is credited with dramatically cutting cavities and tooth decay…now federal officials say it may be too much of a good thing.” (M. Stobbe, AP Medical, Atlanta, 1/7).

As a result, the “U.S. government wants to lower the recommended levels of fluoride in city water supplies. They say 2 out of 5 kids have tooth streaking from too much fluoride. The splotches often are noticed only by dentists. But health officials think fluoride limits should be reduced.” At the moment, it’s unknown if there are any long-term dental or health consequences of too much fluoride in water.

As a personal injury attorney in Chicago, I am hopeful that further evaluations of fluoride levels in water will lead to more conclusive recommendations.

The government says “tougher safeguards for toys mean better choices for families this holiday season.” (D. Melendy, AP Washington, 11/18).

The Consumer Product Safety Commission have issued less recalls this year than in years past, in party, they say, due to tough U.S. standards on lead content in toys. The agency also says, “it received 12 reports last year of toy-related deaths involving kids younger than 15. That's just half as many as in each of the two prior years.”

As a personal injury lawyer in Chicago, I am glad to see toy related deaths on the decline, but am hopeful that any all toys that need to be recalled will be. As always, it is especially important to bear in mind safety considerations during holiday shopping, because buying age appropriate toys is one way parents can ensure the safety of their children.

As a personal injury lawyer in Chicago, I hope all parents take the following safety warning into consideration – now and in the future. Although Halloween is an annual night of fun, mixing flammable costumes with jack-o-lanterns can create serious safety hazards, especially for children.

The Consumer Product Safety Commission says, “parents should look for flame-resistant costumes without baggy sleeves, long capes or billowing skirts that could catch fire on a nearby candle or cause a child to trip.” (AP, 10/28). The CPSC also recommends skipping the costume shoes and having your child wear his or her own, properly fitting footwear.

Moreover, and perhaps most importantly, the agency urges parents to “trim costumes and candy bags with reflective tape and to arm children with flashlights, so that they can be easily seen by passing cars.”

Finally, parents should examine candy after trick-or-treating to make sure all packages are sealed and do not appear to have been tampered with. The CPSC also advises watching out for small toys that could be a choking hazard for small children.

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.

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.

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 personal injury attorney in Chicago who has seen many incidents of the harm smoking can cause, I am pleased with the action taken by the Navy. Under new policy, “thousands of sailors who spend weeks underwater on Navy submarines will have to quit smoking now that the military plans to ban the habit on all subs.” (Ross Bynum, AP 5/2).

The Navy estimates just over 5,000 sailors smoke aboard subs, some smoke a pack a day, others just the occasional cigar. All will have to abandon the habit before the prohibition takes effect on Dec. 31, 2010.

This policy is consistent with much of the remainder of military units, as the military banned most indoor smoking in 1994. Submarines, however, were exempted because sailors serve long tours underwater with few creature comforts. The policy is in the best health interest of sailors, although it may initially be a challenging undertaking.

As a private citizen and a personal injury lawyer, it is obvious to me that health insurance reform is necessary. This is not to say that the health insurance industry is the only area in need of reform in order to improve the current health care system, but it is certainly a substantial contributing factor.

Trudy Lieberman interviewed ex-insurance company head of communications, Wendell Potter, for the Excluded Voices series in the Columbia Journal Review (6/24). In the interview he revealed the reasoning behind his choice to leave the insurance giant, CIGNA, bringing to light several inconsistencies characteristic of the industry not known by most people. Many of the inconsistencies are driven by the pressure to please shareholders and to make profits, which almost always contradict the best interest of patients.

He references one example when he was in Virginia where hundreds of people were waiting in line to receive free medical care in animal stalls; many had camped in the rain overnight because they could not afford the care they needed. He then got on a private company plane, and once realizing that people’s insurance premiums were paying for his flight, he felt he had to leave the industry.

Mr. Potter also discusses the ways insurance companies are able to purge expensive policy holders by either finding a pre-existing condition unknown to the patient and claiming it was not disclosed, or by increasing premiums so high that individuals or companies can no longer afford to have benefits; both are “common industry practices” that leave people without necessary coverage.

As a former head of communications, Mr. Potter also provides insight into the tactics of deception employed by insurance companies. He says the insurance companies will outwardly act as though they support reform but will use political connections to kill parts of reform they don’t like behind the scenes through “third party advocates.”

Clearly, the profit maximizing incentives are not appropriate for an industry that deals with a fundamental human need. The current health insurance system is not functioning in a way that equitably supplies a necessity, so it is time to at least consider other alternative approaches.

The Loyola Elder Law Initiative Presents the 2009 Hurley, McKenna & Mertz Lecture Series Event: Tips and Trends in Long-Term Care. Hurley, McKenna & Mertz, P.C. is a partnership of trial lawyers in Chicago dedicated to the representation of persons whose lives have been destroyed by the negligence of others. The firm's practice includes representation of nursing home residents and their families in cases of abuse, neglect, and fraud.

Eric M. Carlson, J.D. the Director of the Long-Term Care Project of the National Senior Citizens Law Center (NSCLC) will present on July 16, 2009. The Lecture will be held at the Loyola University Chicago School of Law located at 25 East Pearson Street in room 1103 at 6:00 p.m. The lecture is free and is open to the public; a reception will follow.

Mr. Carlson advises attorneys all across the country on long-term care issues. He co-counsels litigation on the behalf of long-term care residents, and is the author of numerous publications including Long-Term Care Advocacy and Long-Term Care Law Reporter.

Long-Term care is an important topic because it is relatively unfamiliar territory for many attorneys. Many are not aware of significant inconsistencies that often exist between a facility’s current policies and their legal obligations. In the lecture, Mr. Carlson will enlighten the audience as to the common problems with long-term care and will provide practical tips for advocating on residents’ behalf. Noteworthy trends in the provision of long-term care will also be a relevant topic for those in attendance and will be discussed with a critical eye towards both opportunities and potential pitfalls.

NPR (6/9, Goodwyn) reported that "Jamie Leigh Jones was a...Halliburton employee in 2005 when she was sent to work in Iraq." She was drugged, beaten and raped shortly after her arrival. "It has been four years since the attack, and despite the physical and circumstantial evidence, the Department of Justice has declined to investigate." She is now fighting for the right to have her case heard in court instead of arbitration.

Arbitration has "become a dominant feature in the legal relationship between American corporations, their employees, and their customers." The Arbitration Fairness Act “now before Congress would ban clauses that make arbitration mandatory for the resolution of disputes - restoring to consumers and employees the choice of taking their case to court."

At Hurley McKenna & Mertz, we believe in the right to a trial by jury, and oppose mandatory arbitration and anything else that interferes with that right. Congress should ban mandatory arbitration and allow people to chose to take their case to court or to arbitration, as the right to trial by jury is a pillar that is essential to the principle of justice in this country.

The Wall Street Journal (6/10, Koppel) reports, "The U.S. Supreme Court's decision this week calling for judges” to recuse themselves from “cases involving big political donors confronts the growing role of money in the U.S. judicial system." The Journal adds, "Political donations to judicial candidates at the highest state courts have soared in recent years, creating concerns that money is eroding public confidence in the system."

NBC Nightly News (6/8, story 3, P. Williams) reported that the Caperton v. A.T. Massey Coal Co. "reads like it's right out of a John Grisham novel. The justices ruled today that state court judges that get big campaign contributions cannot sit in judgment of their biggest contributors”. This case, which is a particularly poignant example that favors the recent U.S. Supreme Court decision, “comes from West Virginia, where a coal company executive spent $3 million to get Judge Brent Benjamin elected to the state supreme court. He then ruled in favor of that coal company in a $50 million case."

Concluding, the Washinton Post (6/10) says, "States should consider abandoning judicial elections for a merit selection system that better insulates judges from the corrosive influences of money and politics." At Hurley McKenna & Mertz, we favor the Massey ruling requiring judges to recuse themselves when large contributors come before them.