Chicago Injury Lawyer Blog

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.