Chicago Injury Blog

It didn’t have to happen. A young beautiful Chicago woman, Shantel McCoy, was returning home to her 12th floor high-rise apartment when the elevator doors opened and she was blasted by smoke, soot and carbon dioxide. She died at the scene of the fire.

Like others in our community, we read the next day about how her pre-1975 building is exempt from installing sprinklers. If her building had been up to code, she would have heard a building-wide alarm when she entered the main lobby and the building’s elevators would have automatically stopped working.

Instead, the building where she lived isn’t required to install sprinklers or other safety precautions because of the huge expense. In truth, sprinklers have only been required for commercial and residential high-rises built since 1975.

Older buildings, however, are required to choose from a list of generally cheaper safety improvements. But here’s the catch: they don’t have to do so before 2015. The Chicago City Council just voted in December to extend the deadline another three years.

That doesn’t necessarily mean these building owners are off the hook if a tragedy like this one occurs. If you or a loved one should be seriously injured or even die in a high-rise accident, you or your family may have grounds for a lawsuit claiming gross negligence.

Illinois law requires the owners of private and commercial properties, such as stores, shopping malls, parking lots, walkways, stadiums, high-rise apartment buildings, and supermarkets to provide an environment that is safe and secure from hazards and defects. Such unsafe conditions can result in so-called “slip-and-fall” accidents, as well as more serious injuries, including paralysis, traumatic brain injury and wrongful death.

Romanucci & Blandin has extensive experience representing individuals who were severely injured or killed from dangerous conditions to a property and also due to serious burns. If you or family members are victims of this type of accident, we want to be your law firm. We can determine quickly whether you have a case.

You're a parent who wants to strengthen the ties with your newborn by bringing the baby into bed with you. The last thing you want or expect is for the baby to die, but records show that accidental bed-sharing deaths due to strangulation and suffocation are increasing.

We applaud the Chicago Tribune for its front-page feature on this important issue. The story reveals that between 1984 and 2004, these accidental deaths quadrupled nationally. In Illinois, of the 320 sleep-related infant deaths investigated by state Child Death Review Teams between 2008 and 2010, almost 60 percent occurred while bed-sharing.

Illinois legislators recently passed two new laws aimed at curbing sleep-related infant deaths. One, which went into effect this month, mandates additional training for daycare providers. Another, which went into effect last year, requires hospitals to provide new parents with safe sleeping information.

In October, the American Academy of Pediatrics released a policy that advised against bed-sharing, noting that the risk of sudden death syndrome can be cut by as much as 50 percent. Other organizations, like the Mother-Baby Behavioral Sleep Lab at the University of Notre Dame, maintain that bed-sharing can be done safely and with a great benefit to the parental bonds. They say that parents should be able to make their own decisions about bed-sharing without feeling guilty about their decision.

The Tribune article offers tips from both organizations about bed-sharing. You can access them

We all know that skiing, sledding and skating are fun, healthy winter sports, but they have the potential to cause severe personal injuries unless proper safety precautions are practiced. Common injuries from falls include sprains and muscle strains, dislocations, fractures and even brain injuries.
The U.S. Product Safety Commission reports that in 2010, more than 440,000 people were treated in hospitals, doctors’ offices and emergency rooms for winter sports-related injuries.  Snow skiing and snowboard injuries accounted for the greatest number of injuries. Sledding and tobogganing were third followed by ice skating.
As part of the American Academy of Orthopaedic Surgeons’(AAOS) on-going Prevent Injuries America!® Campaign, the organization urges children and adults to consider these winter sports injury prevention tips before braving the snow:

• Check the weather for snow and ice conditions prior to heading outdoors. Pay attention to warnings about upcoming storms and severe drops in temperature to ensure safety while outdoors.
• Dress for the occasion. Wear several layers of light, loose and water- and wind-resistant clothing for warmth and protection.  Also, wear appropriate protective gear, including goggles, helmets, gloves and padding. Also, check that all equipment, such as ski and snowboard bindings, is in good working order.
• Never participate alone in a winter sport. If possible, skiers and snowboarders should ski with a partner and stay within sight of each other. Consider carrying a cell phone in case of an emergency.
• Skiers and snowboarders should observe all marked hazard and trail signs, and should never venture into closed areas. You also should respect designated slow skiing and family areas and never ski in the trees alone.
• Avoid sledding near or on public streets. Sledding should be done only in designated and approved areas where there are no obstacles on the sledding path. Speeding down hills in parks that are not designed for sledding puts you at risk to be hit by cars and trucks, or to slam into parked vehicles, curbs and fences.
• Keep in shape and condition muscles before partaking in winter activities. If over the age of 50, it may be wise to have a medical check-up prior to participating in a winter sport.
• Learn how to fall correctly to avoid injury. Take a lesson (or several) from a qualified instructor, especially in sports like skiing and snowboarding, to learn how to fall correctly. Falling techniques aim to protect your vulnerable body parts.
• Avoid participating in sports when you are in pain or exhausted. Many skiers are injured on the final, “one last run.”  If tired, call it a day.

Many of my friends and colleagues know that I chose personal injury law as a profession because of the traumatic brain injury my best friend in high school suffered playing football.

Due in part to the impact of that incident and my growing knowledge of how dangerous a sport football is, I refused to let my son, now in college, play high school football. The last thing I wanted was for him to be so talented that he would become a professional football player.

A story in the December issue of Sports Illustrated backs up that assumption. The magazine checked on the members of the 1986 Cincinnati Bengals and found that many of the players suffered crippling aches, pains and disabilities that ranged from nagging to crippling.  The magazine reported that the average player has three body parts that hurt them on a daily basis.

All but two of the players said they had suffered at least one concussion (translate: brain injury) during their careers. One player said that if his barber asks him to turn his head, he had to move his entire body, too. Another said that his left pinkie goes both “east and west.” Yet another stated that even surgery on his elbow wouldn’t correct the way it bends.

Here’s the catch.  Most of them said it was worth it.  Yes, you read this right.

That’s football for you, with its play through the pain macho mentality. To their credit, however, many former players are now discussing their experiences in the hopes of making the game safer for kids and professionals alike.

While that’s good news for parents, it’s hard to imagine that game will ever really be safe. Better equipment and new safety rules aren’t enough. All you need to do is watch an NFL football game, and you’ll understand. All those hits that make us cringe will probably, sadly, catch up with those players in middle age.

We totally agree with and support ITLA’s response to ATRA’s annual “junk research” report. Read this statement, and you will too.

Big Business Front Group Determined to Restrict Citizens’ Right to Courts and Reduce Corporate Accountability

It’s clear to anybody paying the least bit of attention that large, deep-pocket corporations increasingly dominate our political process.

The American Tort Reform Association (ATRA) has received funding from a “who’s who” of corporate giants including Altria (formerly Philip Morris), Dow Chemical, Exxon, Aetna, Geico, State Farm, Pfizer and Johnson & Johnson. They are determined to block citizens from accessing courts so that they may escape accountability when their products or actions injure or kill innocent victims.

The truth is these corporations don’t fear frivolous lawsuits; they know our justice system screens out the very few suits that are without merit. What they fear are meritorious lawsuits – actions brought by citizens against corporations producing unsafe products, polluting our environment, swindling their employees to pad their profits, or otherwise acting irresponsibly. 

American citizens rely on courts to hold these corporations accountable. It’s often only through our courts that citizens can get a fair shake, particularly when taking on such powerful special interests, and it’s appalling these businesses have devoted themselves to undermining our courts – the one place citizens may hold them accountable for their negligence.

This recycled annual “report” has been widely discredited and ridiculed in past years. It has been shown, time and time again, to be biased, junk “research” that only proves tort reform is simply a scheme by powerful corporations to avoid accountability in the courtroom and stack the deck against everyday Americans.

We oppose efforts designed to allow corporations to evade their legal responsibilities, even when they are grossly negligent, and we will oppose efforts to weaken basic legal protections and further stack the deck against the average person. This so-called “report” is nothing more than a public relations stunt designed to further their political and legislative strategies to prevent individual citizens from exercising their rights.

The “reform” they seek only takes away your right to receive justice and to hold corporate wrongdoers accountable for their actions. Our legal system serves as a powerful deterrent against corporate misconduct. Our citizens deserve better.

Jerry A. Latherow, President – Illinois Trial Lawyers Association

We believe no one should be the victim of a wrongful death, serious brain injury or bodily injury because motorists can't stay off their cell phones when driving. Yet, that is exactly what is happening at an alarming rate.

In 2010, more than 3,000 people were killed, and thousands more were seriously injured, in distracted driving car crashes because drivers were talking or texting on their wireless electronic device.

The National Transportation Safety Board's (NTSB) latest recommendation is that all drivers nationwide should be banned from using cell phones when behind the wheel. Even hands-free devices would be banned except in emergency situations, and the law would also apply to drivers of commercial vehicles, according to the recommendation.

The NTSB's recommendations go far beyond the laws that many states have passed or are considering, including those in Illinois. But it is nonbinding, meaning that states don't have to adopt the ban. The board's viewpoint is often influential, however.

Many phone companies have dropped their opposition to any restrictions on the use of phones in cars, and have recently joined calls to ban texting while driving. Automobile manufacturers haven't taken a stance, but they defended the integrated systems in cars that provide access to technology.

Lives are being lost needlessly because there is no nationwide ban. Sure, a ban would be unpopular with many, but if it saves thousands of people from death or injury, it's the right thing to do.

We've written a lot about brain injuries in professional sports. Some of it has been critical of players themselves – often football players – who continue to play despite repeated concussions. The long-term effects of repeated blows to the head have led some sports superstars to suffer severe depression, and even worse, commit murder or suicide.

Today, we'd like to tell you about two professional athletes who suffered multiple concussions and had the courage to leave the sport they loved and find another career.

Chicago area native Chris Nowinski played football at Harvard and was a professional wrestler whose career was cut short by concussions. After leaving professional sports, he founded the Sports Legacy Institute, in Boston, which has been studying the degenerative brain disease, chronic traumatic encephalopathy (CTE).

His organization has joined with the Illinois Eye Institute Foundation and the Chicago Concussion Coalition to educate about 2,000 Chicago Public Schools coaches. Nationally, some 5,000 coaches have attended their workshops. Representatives have also spoken before 6,000 youngsters, mostly in the Boston area, but they plan to conduct more presentations in Chicago.

Former pro football player Ben Utecht, who was on the Indianapolis Colts team that beat the Chicago Bears in the Super Bowl in 2007, walked away from the sport after five concussions and into a new career – singing.

This fall and winter, he's touring with the Jim Brickman Christmas Celebration Tour which will stop in Rockford, Illinois, on December 31. He cut an album of inspirational music and worked with a vocal coach in Nashville before eventually hooking up with Brickman's group.

We commend Nowinski and Utecht, who are true heroes for walking away from the sports they loved and into another career and lifestyle. Let's hope that the next generation of ballplayers takes note, and that they, too, walk away before it's too late.

We believe no responsible parent would buy toys that pose safety or health hazards to their children, but how do you know what’s safe and what isn’t? How can you avoid an accident that could lead to a personal injury lawsuit?

Thankfully, the Illinois Public Interest Research Group, in its annual “Trouble in Toyland” report, lists some of the toys that can potentially harm children.

On the list are toys that have high levels of lead and those that pose choking hazards like marbles and balls sold without warning labels.  Parents should keep kids younger than 8 away from balloons because they can choke on a piece of popped balloon. Some toys are on the list because they exceed noise limits that could lead to hearing loss, including Hot Wheels’ Super Stunt Rat Bomb and Elmo’s World Talking Cell Phone.

The report reveals some 200 toys and other products that can adversely affect a child’s health and safety. But the research group points out that this is only a partial list. Parents should always examine toys carefully before purchase and always report toys or injuries to the Consumer Product Safety Commission.

Another issue related to safety is the use of button batteries in small toys. The tiny batteries, if swallowed, can get stuck in the esophagus, and if it starts to discharge its energy, it can cause a serious burn, experts say. This year alone, 80 cases of button battery ingestion were reported in Illinois, and 3,500 cases were reported nationally. Authorities believe those numbers are a small portion of the actual cases.

Parents should carefully look over electronic devices in their home to be sure that batteries are secure in their compartments and that no spare batteries are within reach of children. For further information, visit this website.

We at Romanucci & Blandin were saddened to learn about the recent deaths of two Chicago area children who died when TV sets tipped over and crushed them. Those deaths may never have happened if the TV sets in their homes had been secured to the wall with inexpensive nylon straps.

We agree with some experts that TV manufacturers should include the safety straps as part of the sale. Electronic retailers seldom mention the straps when they are closing the sale.  It can also be difficult to find the mounting kits with the straps and brackets.

In addition to the safety straps, here are some tips to avoid TV tip-overs:

• Furniture safety straps typically are too short. Try to find the TV straps at baby stores, some electronics stores, hardware stores and online.
• TVs should be placed on sturdy, low bases.
• Don't put a TV on a dresser or other piece of furniture because they aren't designed for that use. If you must put the TV on furniture, move it back as far as possible.
• Don't put toys or other items that may attract children on top of the TV set.
• Keep cords out of the reach of children.
• Get rid of old TVs not in use. They, too, can tip over.
• Keep your eye on children in rooms where there are TV sets.

 

Between 2000 and 2010, televisions accounted for almost 70 percent of fatalities related to falling objects. Children made up 96 percent of TV related fatalities. It is estimated that nearly 14,000 children visit emergency rooms annually for injuries related to falling TVs.

Don't become part of the statistics. Take steps now to avoid TV tip-overs.

With all the advances in medicine and treatment, one would hope that great strides have been made for treating traumatic brain injury (TBI).  We were disappointed with the results of a recent study showing the techniques to restore brain-damaged people are elusive.

The Institute of Medicine at the U.S. State Department recently issued a 250-page report prepared by 14 experts, showing that treatments for TBI symptoms such as clouded thinking, inarticulate speech, poor planning, bad moods, difficulties holding a job, and family conflict, aren’t that simple.

The report – a scientific review of “cognitive rehabilitation therapy” – was prepared as a way to answer questions about how best to treat TBI victims who suffered their injuries on the battlefield. Since late last year, 196,000 men and women in the military have been diagnosed with TBI since the year 2000.

Early on, about 65 percent of the cases were mild (the military calls them concussions), but the rest were in the moderate to severe category when a person lost consciousness for more than 30 minutes and had mental confusion and memory loss lasting more than a day. Though the number of combat related brain injuries has risen steadily over the past 10 years, their severity has fallen. Today, about 80 percent are considered mild with a full recovery expected in most cases.

Though wars and football-related injuries have put brain injuries on the map, the problem is old. About 1.7 million Americans suffer a brain injury each year that requires medical treatment. Furthermore, about 52,000 die and about 125,000 suffer long-term consequences.

Therapists’ opinions vary on what cognitive rehabilitation therapy (CRT) means and how it should be addressed. There is no known CRT specialty with its own licensing system. Some believe that internal strategies can be used to remember things, while others favor external strategies like calendars, notebooks, and electronic devices. The panel that conducted the study found modest evidence, suggesting the usefulness of three months of week or twice-weekly meetings of brain-injury patients to work on social communications skills.

A couple of recent studies about young athletes and brain injuries caught our attention.

The first one came as no surprise to those of us concerned about making sports safer for kids. The number of reported traumatic brain injuries in youth athletes increased by 60 percent in the last decade. Whether that's because of heightened awareness among parents and coaches is anyone's guess, but the fact is, the number soared from 153,375 in 2001 to 248,418 in 2009, according to a report by the Centers for Disease Control and Prevention.

The sports that caused the most injuries?  Riding bikes, football, playground activities, basketball and soccer, according to the report. Though it's not at the top of the list, we know that brain trauma and other serious injuries caused when kids use metal baseball bats is a serious threat to youth safety. For several years now, we've advocated for a ban on the use of metal baseball bats by youth leagues.

The second study, by Methodist Hospital Concussion Center in Houston, reports that testing young athletes' thinking and memory skills in a group setting at the beginning of the season may not be as accurate as doing the tests individually.

The tests are important because when a young athlete receives a head injury, doctors often compare post-injury scores with earlier ones to determine when athletes have recovered and are ready to play.

Because group tests are quicker and cheaper, high schools often use that method. But it's better for students to receive the group baseline test than no test at all, according to the study. In a group setting, schools should try to make testing rooms as distraction-free as possible. Athletes should be spaced apart at computers, and they shouldn't be tired when taking the tests.

Did Chicago Bears great Walter Payton have a serious brain injury – one that was never really diagnosed and acknowledged? Did some of the moves he made as a running back on the field contribute to a dark side that led him to have suicidal tendencies, depression and an addiction to painkillers?

Through our law practice, we know all too well the causes and effects of brain injuries.  It comes as no surprise to us that there are questions swirling around the release of a new book by sportswriter Jeff Pearlman in Sweetness: The Enigmatic Life of Walter Payton. Why didn't Pearlman address whether Payton, who died in 1999 from liver cancer, suffered from CTE (chronic traumatic encephalopathy)?

Some have called for Payton's body to be exhumed and his brain studied to determine if he had a brain injury.  That probably won't happen, and it may not be necessary. Think about it. The guy had 3,838 carries during his career. That's more than enough hits to have a long-term effect.

The Walter we knew, loved and admired had a sweet side. He was a charmer, a prankster and by all accounts, a good dad. He also had a dark side that is only now beginning to surface. He fathered a child out of wedlock, and could throw an occasional temper tantrum, dispelling the myth that he had no flaws.

After he retired at age 33, his life began spinning out of control. He wondered aloud if life was worth living, but Walter would never have sought therapy. No way. It probably never occurred to him.

When all is said and done, what emerges from the book is a brilliant football player with an Achilles heel. He was human and, like all of us, had human failings. What we learn about him is disappointing, but on some level, we understand. We feel compassion for a man who had so much, who gave so much, but who was haunted by demons until the very end.

As the number of urban kayakers on the Chicago River continues to grow, we join with those who have expressed concern about safety issues and urge those who rent or own kayaks to take precaution and avoid personal injury.

The lack of a “rules of the road” for kayakers is leading to some close calls, experts say. Given that kayaks are relatively small in size (12 feet long), kayakers can be knocked about by waves or choppy wakes left by large boats. If a kayak capsizes, it’s not always easy to get back on.  And some express concern about the water quality, which may contain disease-causing bacteria, especially from sewage overflows during and after a rainstorm.

Those who kayak at night don’t always have lighting in board, but they should. And a basic boating course, while not required, should be taken – especially by those who don’t kayak with groups but rent and venture out on the waterways on their own. A good boating course will cover mariner’s rules and offer advice such as how to pass other boats and avoid boater’s blind spots.

The record for safety, at least so far, is good. Only two boating-related deaths have occurred on the Chicago River since 2000, and neither of those involved kayaks. One involved a canoe.

But with the recent announcement that the city will add four boathouses to the Chicago River, the number of kayaks is expected to increase. In 2001, there were a reported 30,000 registered kayaks in Illinois, according to statistics kept by the Illinois Department of Natural Resources. That number rose to more than 47,000 in 2010.

Kayaking may be a great way to see the city, it’s good exercise, and it can be fun, but we urge kayakers and owners of the larger boats alike to exercise caution.

For most 15-year-olds, driver’s education classes are an exciting rite of passage where they get to put all the Illinois Rules of the Road classroom knowledge into practice behind the wheel. But car safety issues are compromising most Chicago area driver’s ed programs, according to a story in the Chicago Tribune.

In Chicago, students in public schools practice their driving skills in what the Tribune calls “some of the oldest and worst-rated driver’s education cars in the state.”  Safety ratings of the cars students learn to drive in vary dramatically. Crash-test ratings of the vehicles are too low, and in a number of cases where side air bags are available, school districts aren’t using them.

What Illinois needs is for a state agency to track the types and safety of cars and develop a unified oversight.  As State Sen. Susan Garrett put it: “You don’t want these young drivers in cars that don’t have air bags…and frankly are unsafe.”

Some of the cars used by the Chicago Public Schools are older than the students themselves. In addition, half of the district’s vehicles are small cars, adding to safety concerns.

The Chicago Tribune article reported that a school driving site revealed vehicles with strips of duct tape, broken tail lights and dents. Suburban districts also have similar problems, according to the story.

The Illinois High School and College Driver Education Association has gone on record saying that driver’s ed cars should be at least mid-sized and shouldn’t be more than 10 years old. This makes sense in principle, but the lack of state funds to replace aging vehicles makes the problem more complex.

The bottom line? A safe car is not only essential but critical when an inexperienced student driver is learning. Car models should receive strong crash-test ratings, have side air bags and electronic stability systems. Finally, there needs to be a strong oversight system in place, and somehow, financing must be found to replace older cars.

They somewhat resemble an ordinary candle but those portable firepots that hold gel fuel have caused serious burns and even death. We agree with Illinois Attorney General Lisa Madigan who wants the U.S. Consumer Product Safety Commission to recall all gel fuel products.

The Commission says that 57 injuries and two deaths have been reported as the result of the pots. They are investigating the cases as well as the products on the market to determine why such accidents have occurred.

In firepots, the flame is fueled by gel that comes out of a bottle and burns without a wick. The products have increased in popularity because they stay lit outside even in wind, plus the flames can be as tall as 5 or 6 inches.

When a consumer adds gel to an open fire or flame, an explosion of flame erupts.  The gel makes it difficult to put out the fire if someone or something is burning. The gel can spread, so trying to extinguish the flame on another person or thing can cause the gel to get on the person trying to put out the flame and be burned as well.

Even though safety instructions appear on the bottles, many people don't read them and fail to realize that the product can explode into a flaming fireball. It's like throwing water on grease on a stove, sources say. Complicating the situation is that people often don't know whether the gel fuel is burning because there isn't always a visible flame.

The brand of gel fuel that resulted in a man's death in Florida earlier this year was recalled, but other companies manufacture and sell similar products.

An increasing number of Illinois high school football players who have suffered concussions on the field are not playing this year – at the advice of their doctors.  We applaud the brave decision of these young athletes and their parents, who have opted to forego the sport they love – and one that could pave the way for a college scholarship – to take the time for their injuries to heal.

Their decision comes in the wake of a new Illinois law requiring any high school athletes who shows signs of a concussion to be cleared by a medical professional before going back on the field. A recent Chicago Tribune story noted that many schools had already adopted policies requiring athletes to pass a series of tests evaluating their brain functions before and after injury.

Illinois was the 28th state to pass a concussion law, backed by standards that are endorsed by brain injury advocacy groups and pediatricians.  Some star athletes, including former Chicago Bear Dave Duerson, suffered untimely deaths as the result of brain trauma from the sport. Brain injuries can cause symptoms such as headaches, irritability, forgetfulness, and as in the case of Duerson, an early death.

Today, schools regularly test young athletes who have suffered a concussion. It’s become the norm, even in states where there are no laws mandating testing.  Statistics by the Center for Disease Control and Prevention show that the number of emergency room visits for sports-related concussions between 1997 and 2007 doubled in the age 8-13 group, and not just football but soccer and even cheerleading.

It’s not that there are more concussions, but that there’s a heightened awareness by parents, teachers and coaches are the reason, experts say.  Instead of a coach holding up two fingers to gauge whether there’s a serious injury, there’s now a battery of tests for injured athletes. Schools now tout their state-of-the-art helmets and other equipment designed to protect players.

In the end, so much depends on the coaches, experts believe.  The “no pain-no gain” mantra, while still the norm for some coaches, is slowly becoming an expression of the past.

If you are in an accident and suffer a personal injury, the last thing you need to worry about is the credentials of the physician caring for you. That’s why we were pleased to learn that Illinois Governor Pat Quinn has signed into law the Patients’ Right To Know Act. 

Under the new law, Illinois consumers will soon have access to an in-depth history of doctors, including whether they have been fired, convicted of a crime or have made a medical malpractice payment in the last five years.

For more than a decade, doctors’ groups blocked that bill -- until a Chicago Tribune investigative series revealed that state regulators allowed dangerous doctors, even those convicted of sex crimes, to continue practicing.

Governor Quinn hailed the new law as the “No. 1 consumer bill.” Apparently, the state agency that regulates doctors has had much of the information about doctors but hasn’t made it public. For some time now, hospitals must report to the state when they fire or censure a physician, and insurance companies have to report malpractice payments.

Here’s how the new law will work. Within two months, the Illinois Department of Financial  Professional Regulation will have to post doctor profiles on its website, www.idfpr.com  Among details, it will let the public know what medical schools the doctor attended, specialty board certifications, number of years in practice and locations, and if the doctor participates in the Medicaid program.

While doctors can review their public profiles on the site and make changes, they will face disciplinary action for reporting inaccurate information. 

We at Romanucci & Blandin were shocked to read in the Chicago Sun-Times that two-thirds of the state's same-day surgery centers inspected this past year were cited for violations which could expose patients to deadly bacteria and viruses.

Dangling masks, exposed hair and sinks with no hot water to clean medical instruments were among numerous situations recorded by inspectors at 14 of 21 centers that were inspected. All of the centers cited have subsequently corrected their problems, say state health officials. Thirty-six surgical centers still haven't been inspected since Illinois enacted in 2008 a tougher new approach.

It's a concern because same-day surgery centers are growing in number. The lower cost for some procedures compared to hospitals is a primary reason. But turnaround times between surgeries are often shorter, and that can lead to carelessness. Among situations that Illinois inspectors found were multi-dose vials of medication that were unlabeled, failing to ensure proper testing of sterilizers and contaminated instruments between placed on a table next to clean instruments. In one instance, state regulators closed down an eye surgery center for 45 minutes until unsafe instruments could be pulled from use.

Illinois state regulators are continuing to crack down since a 2008 hepatitis C outbreak in Las Vegas that was thought to have been caused by unsafe practices. The Sun-Times article, written by an Associated Press reporter, noted that a surgical center nurse, who has many other duties, often heads up infection control. At hospitals, there is typically one person in charge of infection control.

It is recommended that person using surgical centers check to make sure that the center is accredited. They can also contact the Illinois health department to see if any violations have been reported. Another option is to ask a nurse for his or her opinion about a specific center.

Stephan Blandin, a name partner in our personal injury law firm, has joined the Motorcycle Injury Trial Lawyers Association (MITLA).

The national association offers member-attorneys, who concentrate in working with motorcycle injury victims, with continuing legal education and networking opportunities. It also provides consumers with information about motorcycle riding and motorcycle injuries on its website, www.mitla.org.

Blandin joined the association because of his commitment to help better educate the public about the dangers of motorcycle riding. Our firm has a strong practice area representing the victims of motorcycle accidents.

Motorcycle injuries and deaths have increased each year since 1997, according to a nationwide study by an East Coast urban hospital. The research showed that head injuries were more likely in traffic accidents compared to non-traffic accidents and that broken legs were the most common injury sustained among hospitalized riders.

“The study proves that motorcycles are a risky ride,” said Blandin. “An earlier study showed that motorcyclists were 16 times more likely to die and four times more likely to be injured in a traffic crash than were passenger car occupants.”

Our firm provides fierce advocacy for clients who have suffered catastrophic personal injury, wrongful death and workplace-related injuries. We have recovered more than $200 million for our clients, including a record $23 million medical malpractice verdict against a hospital and a record $17 million verdict against the city of Chicago.  Dozens of those verdicts and settlements were $1 million or higher.

Further information about our firm is available at www.rblaw.net or by calling 312-458-1000.

We agree with child safety advocates who have called for a stronger federal law to make agriculture jobs for youths safer.  But sadly, strengthened laws are too late to protect the two Whiteside County 14-year-old girls who suffered a wrongful death in a Whiteside County, Illinois, cornfield last week when they were electrocuted while detasseling corn. 

The Child Labor Coalition based in Washington, D.C., announced in June 2011 that it supported a bill introduced in the House to amend the Children’s Act for Responsible Employment (CARE Act).  Currently, the law permits young teens to work in cornfield at a younger age and for longer hours than other youths, though they are unable to work at jobs deemed “hazardous” such as driving a combine or working around stud horses.

The Fair Labor Standards Act became law in 1938, yet relatively few changes have been made since then. It is unconscionable to think that children in the U.S. can work in cornfields in unsafe conditions. The proposed law would require the U.S. secretary of labor to determine if specific farm tasks like detasseling corn are too dangerous for children as young as 14.

Detasseling corn is big business in Illinois. Each summer, thousands of teens go into the cornfields to perform a task which essentially prepares corn plants for cross pollination. The greatest threats typically are the heat and allergies, but last week’s tragic accident proves that serious injuries and even death can occur. Agriculture jobs are ranked as one of the three most dangerous industries in the U.S.

The accident is being investigated by OSHA, ComEd and the Whiteside County Sheriff’s Department. The 81-year-old farmer who owns the land where the accident occurred believes that the deaths are related to a recent lighting strike to part of the electrical system linked to the irrigation equipment.

In the wake of the accident, Monsanto, which leases the cornfield where the teens worked, has issued new guidelines calling for such irrigation systems to be de-energized before the detasseling process begins.

We at Romanucci & Blandin applaud a recent Illinois Appellate Court opinion which reversed the decision of a lower court, making it easier for all hospital patients who acquire methicillin-resistant staphylococcus aureas (MRSA) to obtain medical records for the purpose of pursuing legal action.

The Court’s review grew out of a case in which our firm represented two families whose breadwinners contracted MRSA at Advocate Christ Medical Center. One of the patients died.

In its ruling, the court rectified the injustice of the Circuit Court of Cook County by holding that information pertaining to the rates of MRSA in a hospital is not privileged under the Medical Studies Act. The decision requires the hospital to produce the information to the plaintiffs so that the families of the deceased may proceed with their claims.

MRSA has become a national crisis, and hospitals have been slow and unequal in their response. They can no longer hide behind the Medical Studies Act. The case is significant to Romanucci & Blandin’s efforts to ensure that hospitals are taking action to prevent the deadly spread of MRSA throughout Chicago area hospitals.

The decision will have a positive and significant impact on the rights of victims of medical malpractice. Because of this, it will be up to the juries to decide whether or not a hospital took adequate steps to combat MRSA outbreaks.

Antonio Romanucci, of Romanucci & Blandin, LLC, moderated a seminar at the invitation of Law Bulletin Publishing at the organization’s Juror Deliberation & Jury Management Conference on June 7 at the Swissotel Chicago.

Titled “The Value of Mock Trials, Deliberations and Focus Groups,” Romanucci moderated the discussion of panelists who included John Gilleland, PhdD, Kroll Ontrack/Trial Graphix; Hon. Thomas Hogan, a judge in the Circuit Court of Cook County; and Edward McCambridge, Segal McCambridge Singer & Mahoney.

The sold-out event also included sessions on Taped Mock Deliberations with Expert Commentary, Taped Focus Groups with Expert Commentary, The Benefits and Risks of Post-Trial Juror Interviews, and Your Ethical Boundaries for Juror Background Investigation.

It's not surprising to us that youth are still being injured on the baseball field by balls hit off a metal bat. The latest injury happened to a 12-year-old boy in South Dakota in late April, when 11-year-old Trey Brown suffered a brain injury after being hit in the head by a ball hit off an aluminum bat.

We're not surprised because, even though Little League International banned the use of composite bats, they didn't rule out other metal bats. They should have!

Trey Brown came home from a local baseball game complaining of a headache and soon began vomiting. His parents took him to the hospital where x-rays showed he had a 1-1/2 inch brain bleed. When he started having seizures, the hospital put him in a medically induced coma.

Though he's out of the coma now and started making improvements, the hospital plans to keep him there for three weeks to three months for rehabilitation and recovery. Trey would have been on a baseball team this summer. Now he can't play for at least a year. His family says there's no doubt that alumninum bats should be abolished.

"If it had been a wooden bat, we probably wouldn't even be here," his dad was quoted as saying. "I would rather see aluminum bats just completely banned from baseball."

Our firm has joined with co-counsel Jack C. Carey, of Law Office of Jack C. Carey, of Belleville, Ill., in filing a wrongful death lawsuit (docket no. 11 L 14) in the Circuit Court of Monroe County in southern Illinois against Joyce Meyer Ministries for its failure to recognize that accused family murderer Christopher Coleman was a threat to his wife and two sons.

Christopher Coleman, 33, is on trial for the strangulation murder of his wife Sheri Coleman, 31, and sons Garett, 11, and Gavin, 9. Coleman worked as the security chief at Joyce Meyer Ministries based in Jefferson County and sought marital counseling from his own employer.

The lawsuit claims that the Ministries should have known Coleman was a threat to his family because he was sending threatening messages to his family from his employee issued laptop computer and cell phone. He was also travelling extensively for his job and was being accompanied by a woman not his wife with the knowledge of the Ministries.

Coleman was having an extramarital affair with this woman who was his wife’s friend, and he wanted a divorce from his wife. He developed a ruse through the Ministries to murder his family so that he could be with his girlfriend permanently.

“This tragic murder would have been preventable if Joyce Meyer Ministries had responded to the threats and the extramarital affair and warned Sheri appropriately,” said Romanucci. “As a result, the surviving kin, including Sheri Coleman’s mother, Angela DeCicco, and other close family members, have been permanently deprived of their love, companionship, society, support, guidance and affection during and for the remainder of their lives, and have incurred and become liable for large sums of money in funeral and burial expenses.”

We at Romanucci & Blandin are extremely disappointed in and disturbed by a U.S. Supreme Court decision on April 28 that upheld consumer contracts banning class-action arbitration. It is pro-business and severely limits class-action litigation.

In its ruling, the court said that a California law, which invalidated contracts banning class-action arbitration with businesses, was pre-empted by the Federal Arbitration Action. What led up to the case being heard by the high court was a dispute between AT&T Mobility and a California couple who opposed being charged a $30 sales tax for a so-called "free" cell phone.

The contract with AT&T Mobility called for arbitration of disputes and prohibited class-action arbitration. In their lawsuit, the couple sought class-action arbitration on the grounds that California case law says arbitration agreements banning class actions could be considered unconscionable and thus not enforceable.

Many agree that the decision is likely to have a huge impact.

It's just another example, we believe, of justice weighted against consumers and "pro" those who have financial power. There is simply no level playing field, and it's very unfortunate.

Could hospital noise, which has been shown to impede a patient's recovery, be used as part of a medical malpractice lawsuit? Only time will tell, but it's no secret that hospitals are looking for ways to decrease noise levels.

While bad food used to be the number-one hospital complaint, it's now the noise level, according to a front-page story in the Chicago Tribune . Noise can make patients sicker or at the very least, inhibit their recovery. The story notes a Johns Hopkins study showing sound levels have increased significantly since 1960.

Noise in hospitals increases heart rates, blood pressure, respiratory rates and cortisol levels. Patients recovering from surgery in noisy recovery rooms request more pain medication. The most sensitive patients -- pre-term infants -- have an increased risk of hearing loss, brain development, and speech problems when exposed to excessive noise.

At issue, according to one study, is whether hospital noise truly contributes to the ability to heal. One study showed that excessive noise slowed wound healing.

Contributing to the problem is technology. The information age brought with it alarms, motorized beds, monitors and bone-cutting tools. The hospital environment, with its hard, reverberating spaces, contributes to the problem.

Hospitals are beginning to take the noise issue seriously. At Rush University Medical Center in Chicago, a "silent" patient call button system has reduced intercom pages. Rush's new hospital, which will open next year, was designed to reduce noise by 90 percent. Hallways will be carpeted, the ventilation system will be quieter, and committees are even looking at adding more sound-absorbing artwork.

Some hospitals have installed a Yacker Tracker in the noisiest areas, like the nurses station. Originally marketed for use in school classrooms, the sound meter flashes red when it gets too noisy, but its overall effectiveness is unproven.

This is a MUST read for anyone who has to be hospitalized. The operative quote -- "Every hospital should have a plaque at its entrance that reads, 'There are some patients whom we cannot help; there are none whom we cannot harm" -- should be remembered by all. Approximately 10 people die from preventable medical mistakes in local hospitals every day and another 100 are injured. Be aware. Very aware.

The back-story: the government released the first report of its type last week that lists errors and other adverse events among Medicare patients across the nation. Some say there could be inaccuracies in reporting, but it's a starting point as a way to improve patient care.

Here are some stats. Out of 129 hospitals in Illinois reporting, 106 had at least one incident of a patient falling, getting burned or another injury during their hospital stay. Some 83 hospitals had at least one incident of bloodstream infections associated with catheters placed in the hospital.

And all these mistakes were absolutely preventable! Scarey stuff.

The U.S. Consumer Product Safety Commission has warned consumers to stop participating in water-walking balls, calling them unsafe with the possiblity they could lead to suffocation or drowning. We at Romanucci & Blandin not only underscore the dangers but don't believe the government went far enough. These dangerous recreational devices should be banned.

Commonly used at amusement parks, fairs and malls, the inflatable spheres are often used by children. A rider climbs into the ball which is then zipped up. It rolls along the top of the water as the rider walks, much like a hampster on a wheel.

At least three states -- Massachusetts, Pennsylvania and New Jersy -- have issued denials of a permit to use the balls.

A big concern is the lack of an emergency exit. The balls can be opened only from outside, not inside. Manufacturers say the balls are safe, with hundreds of thousands of them in use worldwide. The owner of a company that distributes the balls in the U.S. says he responded to the government's concerns by proposing the manufacturers install a handle inside so riders can open the ball.

The balls contain about 90 minutes worth of oxygen. A ride typically lasts five to seven minutes.

The AP reported the Consumer Product Safety Commission issued a warning Thursday saying "water walking balls" are unsafe due to drowning or suffocation risks. Romanucci and Blandin continues to promote the safe practices of recreation and we stand behind the CPSC in its warning. The CPSC said "it 'does not know of any safe way to use'" the hamster-like products, "which are popular at amusement parks, resorts, malls and carnivals." The agency expressed concern about a lack of oxygen and carbon monoxide buildup in the balls, as well as their lack of emergency exits for those inside the structure. The agency also said the balls could leak or puncture, increasing drowning risks. The CPSC noted two incidents involving injury and is "encouraging state officials not to allow the rides."

The Chicago Tribune reported Massachusetts, New Jersey, and Pennsylvania are among states that "have issued denials of permit," according to Carl Purvis, a CPSC public affairs official. Manufacturers assert the product's safety. Purported water ball inventor Charles Jones said, "There are now hundreds of thousands of the water balls in use around the world being used safely," adding that the balls have approximately 90 minutes of oxygen. Peter Raidt of Miami's Eurobungy USA "said he responded to the commission's concerns two weeks ago by, among other things, proposing manufacturers install a handle inside the ball so riders can open the ball themselves."

We at Romanucci & Blandin know from our many years of working on cases that involve construction site accidents that management often fails to take adequate steps to prevent injuries. A new study suggests that employers should consider the hazards involved when we switch to daylight savings time. Its drawbacks to workers may not have not been given enough attention.

According to a study by Christopher M. Barnes and David T. Wagner of Michigan State University, an increase in the number of job related injuries on Mondays directly following the switch to Daylight Saving Time, can affect sleep patterns and activity cycles.

On the Monday following the switch, when workers lose an average of 40 minutes sleep, they sustain more workplace injuries and suffer ones that are of greater severity. Interestingly, on Mondays following the shift to Standard Time, no significant loss of sleep or considerable increase in the number or severity of work related injuries were found.

The researchers suggest that in manufacturing jobs or on construction sites, for example, management schedule the more dangerous tasks during the later part of the week when the workers have already adapted to the time change.

For more information about the Christopher M. Barnes and David T. Wagner’s study, visit www.apa.org.

CHICAGO, IL – Stephan D. Blandin, a partner in the Chicago personal injury law firm of Romanucci & Blandin, LLC, has been reappointed as a member of the Hearing Board of the Illinois Attorney Registration and Disciplinary Commission (ARDC).

The Commission has administrative responsibility for the registration and discipline of Illinois lawyers. Members of its Hearing Board, who are appointed for a one-year term, sit in panels of three and preside over the hearing of disciplinary, disability, and reinstatement cases.

Blandin, who has been practicing law for nearly 25 years, received his law degree from DePaul University College of Law in 1986 and his undergraduate degree from DePaul in 1983.

While a great deal of attention has focused on concussions caused by football injuries, studies show that women may be at even greater risk because of their smaller frames and neck muscles. Furthermore, women can take longer to heal, especially if they are of child-bearing age.

Concussions -- when the brain shakes around in the skull -- are serious no matter which sex or what age you are. Over one million people get concussions every year, though most of them mild. Another half million suffer severe concussions.

Recognizing the symptoms of a concussion is critical. If you have a headache, are dizzy, have trouble concentrating, are bothered by bright lights and noise, and have memory loss, you may have a mild concussion, so contact your doctor. He or she will make the decision about whether you should come in for neurological tests or go directly to the hospital for more extensive testing.

If the symptoms are even more severe and include temporary loss of consciousness, vomiting, trouble speaking, numbness in your limbs, get yourself to an emergency room. A CT scan may be used to assess whether you have a brain bleed like a hematoma that could lead to death.

There's only one cure for a concussion: physical and mental rest. Doctors advise patients not to engage in physical exercise and push themselves mentally. They also advise not taking aspirin or ibuprofen because they can lead to brain bleeds. Instead, take acetaminophen or put ice on your head. With proper care, most head injuries improve within a month.

The key to long-term recovery is to stay alert to any symptoms for weeks or even months after the injury, doctors say.