Chicago Injury Blog

CHICAGO – Romanucci & Blandin has received the results of a study that show the number of doctors in Illinois has NEVER declined in the past 45 years. In 2005, when the cap went into effect, the myth of doctors fleeing abruptly stopped – rather odd considering that there was no immediate droop in the high malpractice insurance rates (the reason why doctors were supposed to be leaving).

Interesting fact: Illinois has more doctors per capita than three other states – California, Ohio and Texas – frequently cited by tort reformers because of their caps on damages

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In softball, little and senior league and college baseball, most of the bats are made up of aluminum. Proponents of aluminum bats say that metal bats hit the ball harder and farther. But in truth, metal bats aren’t safe. They should be banned, especially for use by youth leagues.

Brain injuries, chest injuries, and even deaths, have resulted when metal bats were used by children. Metal bats may increase the speed of the ball, but is a higher batting average worth the risk? Isn’t it ironic that, when it comes to professional baseball, players say that wood baseball bats are a must.

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Kudos to the Chicago Sun-Times for launching a front-page series, written by Rick Telander, on a newly-identified brain disorder called chronic traumatic encephalopathy, or CTE, that affects football players who suffer multiple concussions. CTE is produced only by blows to the brain, and at least for now, it can only be discovered from a dead person’s brain.

In a recent issue of Scientific American Mind, Dr. Douglas Smith, director of the Center for Brain Injury and Repair at the University of Pennsylvania, wrote that the injury doesn’t just suddenly appear, but that it builds up over time, going from memory loss and personality changes to a full-blown dementia. It is different from other brain diseases such as ALS and Alzheimer’s disease. Researcher Ann McKee, who has dissected more than 2,000 brains, says that many CTE cases are misdiagnosed.

Millions of Americans, mostly men, play football at some level, and a lot of them have suffered injuries. But the cumulative effect of head blows, even slight ones, can and do damage the players as they age.

One solution to reduce the number of concussions, some experts say, is to stop hitting in practice. The other, of course, is to give up football.

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As most of our blog visitors know, we are outspoken critics of the use of metal baseball bats by youth leagues because of the catastrophic head injuries and other injuries they can and do cause. Some of our visitors tell us they not only respect our point of view but have climbed on the “ban” bandwagon and now support our campaign.

That means that a few metal baseball bats must be sitting around collecting dust. So before you toss that metal bat in the trash (and contaminate our environment), consider recycling. Metal bats are recyclable! In fact, the aluminum in metal bats can be recycled completely. Read more: How to Dispose of an Aluminum Bat | eHow.com http://www.ehow.com/how_5715143_dispose-aluminum-bat.html#ixzz0rghb27Rq

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CHICAGO – Romanucci & Blandin notes a new study reporting that, in the year following a traumatic brain injury, about half of the survivors experience clinical depression, a rate almost eight times higher than found in the general population.

Those who had both a head trauma and depression reported more pain, mobility problems and greater difficulty in carrying out their usual responsibilities. The research was conducted by the University of Washington. Some say that TBI, combined with severe depression, can have severe consequences from the recovery of TBI.

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Statement by Antonio Romanucci on June 8, 2010.

I am a staunch supporter of a small but growing group of people who want to ban metal baseball bats in youth sports. I have been on the forefront of this issue for three years, since a friend of mine called my attention to the problem. Christina Russo’s son, who was 14 at the time, was seriously injured when a line-drive off a metal bat struck him directly in the face. He has since needed two plastic surgeries to repair the damage, but he and his family are doing fine, considering all the physical and emotional trauma they have faced.

I told Christina I would do what I could to help and approached State Rep. Bob Molaro, who introduced a bill in the state legislature that would have banned the use of these bats by youth leagues. Unfortunately, the bill never got out of committee. Last year, Alderman Bob Fioretti was extremely supportive of our efforts to have the Chicago City Council ban metal bats in youth leagues, but the metal bat “cartel” brought in their big guns, and sadly, we struck out.

Currently, only New York City and the state of North Dakota have succeeded in passing legislation to ban metal bats in youth leagues. The latest state to step up to the plate is California. In May, a bill was introduced in the state legislature to ban metal bats as a result of a Marin County teenager who suffered a serious head injury when he was hit in the head by a ball hit off a metal bat. The boy’s team actually switched to wood bats to honor the injured player.

Continue reading "Banning Metal Baseball Bats May Help Prevent Catastrophic Head Injuries in Youth Sports" »

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Chicago – A wrongful death lawsuit claims that the victim was killed as a result of negligence (or other type of unjust action) on the part of the person or entity being sued, and that the victim’s survivors are entitled to monetary damages as a result of the improper conduct. The wrongful act may be a negligent or careless act such as careless driving, a reckless act or an intentional act such as a deliberate murder.

Almost every state has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act. Attorneys at Romanucci & Blandin, LLC, can help you determine if you have a case.

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Chicago – Attorneys at Romanucci & Blandin, LLC, have considerable experience in representing victims and families in situations where nursing home abuses have occurred leading to serious injuries.

Nursing home abuse occurs when the resident is physically abused, raped or sexually assaulted, over-sedated, or subjected to verbal and/or emotional abuse in nursing homes. Abuse in nursing homes can be hard to detect, since many nursing home residents have trouble communicating and may have sporadic family support.

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Chicago – Investigators have found that a state-of-the-art brain imaging method may be useful for detecting and monitoring mild traumatic brain injury, a controversial diagnosis that is based largely on a patient’s subjective experience, reports attorneys at Romanucci & Blandin, LLC.

The phrase traumatic brain injury tends to conjure the worst case scenario of a patient who suffers severe brain damage leading to severe disabilities, coma or death. However, most traumatic brain injuries are classified as mild. A mild traumatic brain injury typically involves symptoms of brain damage (such as mood changes or confusion), but no sign of damage based on a neurological exam or standard brain imaging techniques.

This definition complicates diagnosis. Some patients are told nothing is wrong with them.

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Chicago – Workers’ Compensation is the name given to a system of laws meant to protect injured workers. The goal, according to attorneys at Romanucci & Blandin, LLC, is to make sure that somebody who is injured at work receives appropriate medical care, lost wages relating to the on-the-job injury, and, if necessary, retraining and rehabilitation, so as to be able to return to the workforce.
When workers are killed on the job, members of the workers' families are ordinarily eligible for benefits. A good source of information is in our brochure posted on our website at http://www.rblaw.net

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CHICAGO – Romanucci & Blandin, LLC, congratulates members of the Illinois House of Representatives for their unanimous approval vote on a bill that would sharply raise standards of care and safety, and reduce personal injuries, in the state’s troubled nursing homes. Similar support is expected from the state Senate.

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Chicago – According to the law firm of Romanucci & Blandin, LLC, some 4,000 people die from fires and burns each year. This total includes an estimated 3,500 deaths from residential fires and 500 from motor vehicle and aircraft crashes, contact with electricity, chemicals or hot liquids and substances, and other sources of burn injury.

About 75% of these deaths occur at the scene of the incident or during initial transport. Fire and burn deaths are combined because deaths from burns in fires cannot always be distinguished from deaths which result from smoke poisoning.

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Chicago –Traumatic brain injury (TBI) is a major public health problem, especially among male adolescents and young adults ages 15 to 24, and among elderly people of both sexes 75 years and older, according to attorneys at Romanucci & Blandin, LLC. Children aged 5 and younger are also at high risk for TBI.

Continue reading "Traumatic Brain Injury Is Major Health Problem" »

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CHICAGO – The Nursing Home Safety Task Force, which has been presented to Governor Pat Quinn, details recommendations to ensure the safety of nursing home residents and build a better system of treatment for people in need of care for physical or mental illnesses, disorders or disabilities. Governor Quinn formed the Task Force in October of 2009 in response to reports of violence and unsafe, inadequate care for vulnerable nursing home residents.

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Chicago – Romanucci & Blandin, LLC, says that Traumatic Brain Injury (TBI) cannot be cured, so it is all the more important for people to prevent such injuries by using common sense. For example:
• Always wear a seat belt in a motor vehicle
• Use an appropriate child safety seat or a booster
• Never drive under the influence of alcohol or drugs
• Always wear a helmet when on a bicycle, motorcycle, scooter, snowmobile and other open unrestrained vehicles
• Wear a helmet when participating in contact sports, horseback riding, skiing, snowboarding, skating and skateboarding.

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Chicago – Romanucci & Blandin, LLC, is outraged that an estimated 98,000 people die each year from preventable medical errors and that over 180,000 people are injured every year by preventable medical errors.

The best way to reduce medical malpractice claims, says Antonio Romanucci, is to reduce the incidents of malpractice. “More people die from preventable medical errors than diabetes and Alzheimer’s disease,” he said. “And the number of preventable medical errors is very close to the number of accidents that lead to death.”

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Chicago – Antonio Romanucci, a partner in Romanucci & Blandin, LLC, a law firm that concentrates in catastrophic personal injury, moderated a panel discussion today before an audience of 200 trial attorneys at a Chicago Daily Law Bulletin seminar.

In a presentation called “Courtroom Strategies for Presenting Your Visuals,” he guided a discussion about when and how to use exhibits that help lawyers win their cases. Timing, technique and practicing are all essential ingredients to success, he said. Visuals must take into account the judge’s preferences but also size of the graphics and even the courtroom lighting.

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To add more brain-injured veterans to its membership roster, the Midwest Brain Injury Clubhouse is launching an Adopt-a-Veteran program. A fund-raiser will be held on Thursday, March 18, from 5:30 p.m. to 7:30 p.m. at the Clubhouse, 300 N. Elizabeth St., Suite 310 C, Chicago, to help with the funding. While there is no cost to attend the event, it is hoped that guests will open up their hearts and their wallets.

Antonio Romanucci, a partner in Romanucci & Blandin, LLC, whose law firm concentrates in representing victims with traumatic brain injuries, is the driving force behind the fundraising effort. Romanucci helped found the Clubhouse with Giesler and served as its board president for seven years.

Continue reading "Romanucci & Blandin helps support fund-raiser for disabled vets" »

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Antonio M. Romanucci, a partner in the Chicago injury firm of Romanucci & Blandin, LLC, congratulates students from Loyola University Chicago School of Law, the winning team in the American Association for Justice (AAJ) Regional Mock Trial Championship held Saturday and Sunday (Feb. 27 and 28) at the Daley Center in Chicago. Students are Jaclyn Polsinelli, Eva Sosnowska, Kathleen Sullivan and Amber Battin. Cook County Judge Jamie Shapiro served as a judge of the case. The winning team will compete in the finals in New Orleans March 18-21. Romanucci & Blandin served as regional coordinator of the event.

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The Illinois Trial Lawyers Association, recently presented a white paper on the truth about medical malpractice and insurance. Stephan Blandin, Romanucci & Blandin, LLC, partner is a board member of ITLA. The paper accurately discusses the issues surrounding the controversy. you may view the paper by clicking here: http://www.iltla.com/pdf/WhitePaper_TheWholeTruth_Feb2010.pdf

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CHICAGO -- A new study of 54 unresponsive patients who suffered a traumatic brain injury shows that at least five of them had brain activity indicating awareness, intent and in one case, a wish to communicate, reports Romanucci & Blandin, LLC, about a story in the New England Journal of Medicine.

The study gives doctors and families the prospect that a biological test could determine whether a patient is aware of his or her surroundings. That test, in turn, could enable families to better care for the patient. But some neurologists say that such a diagnostic technique may not really indicate whether a vegetative patient is expressing sentiment or a competency level.

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CHICAGO – There is no real difference between the terms “concussion” and “mild traumatic brain injury,” yet the term doctors use makes a big difference in the seriousness with which the injury is treated, according to a study published in the journal Pediatrics.

During the study, doctors tracked 268 children admitted to a hospital in Ontario, Canada, after suffering a head trauma. One-third of them was given the diagnosis of “concussion,” while the others got some variation of “traumatic brain injury (TBI).” Those with a diagnosis of “concussion” were 1-1/2 times as likely to be discharged from the hospital as those with a “mild TBI” diagnosis.

The study suggests that a children who’s given the diagnosis of concussion, the less like the family is to consider it a brain injury. These children may be sent back to school or allowed to return to normal activity sooner than they should.

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Will caps on non-economic damages in personal injury cases be declared unconstitutional by the Illinois Supreme Court? Chicago injury attorney Antonio Romanucci discussed tort reform last Saturday with veteran political reporter Dick Kay on WCPT radio. To hear the interview in its entirety, click here: http://www.doogiesplace.com/podcast.html

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The New York Times (12/22, A40) editorializes that in "a lamentable 5-to-4 decision earlier this year" in Ashcroft v. Iqbal, "the Supreme Court discarded 50 years of legal precedent to make it significantly harder for Americans to assert their legal rights in federal court." The case "involved a Muslim man swept up on immigrations charges after the Sept. 11 attacks," but the "damage went beyond the case or the national security sphere. The court altered the procedural rules for initiating a lawsuit, raising the bar in a fashion destined to make it far harder to bring valid actions and to allow wrongdoers to avoid accountability." The Times notes that Rep. Jerrold Nadler (D-NY) "has introduced corrective legislation in the House" and Sen. Arlen Specter, (D-PA) "has introduced another bill targeting the problem. It is the responsibility of Congress to reopen the courthouse doors."

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Romanucci & Blandin and other attorneys, working with Margaret Benson, director of the Chicago Volunteer Legal Services (CVLS), recently hosted a breakfast meeting for volunteer lawyers who are interested in providing pro bono legal work at Operation PUSH in Chicago, established by Rev. Jesse Jackson.

At the event, Rev. Jackson told attorneys about the critical need for free legal counsel to low-income people in areas including divorce, child support and visitation, guardianship, adoption, special education, consumer fraud, landlord-tenant, bankruptcy and tort defense.

Benson, whose organization will provide training to attorneys, said that very little reporting will be required and that volunteer attorneys would be covered by CVLS malpractice insurance. For further information, contact Benson at 312-332-5542.

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Is there a link between football players’ brain injuries and mental decline among players later in life? Evidence is mounting. Romanucci & Blandin, LLC, in Chicago, is pleased to see that the U. S. House of Representatives is holdings hearings on this issue at which former player Tiki Barber and family members of injured players, have testified.

At the hearings, Roger Goodell, NFL Commissioner, would not way whether he thought there was a link between football and cognitive decline among NFL players. However, he did say that the issue of brain injuries in football warranted federal scrutiny because “the NFL is a monopoly whose existence was legislatively sanctioned.” U.S. Representative Michael Quigley, of Illinois, said that although Congress is focusing mostly on NFL policies, that “the norms of the NFL, for better or worse, become the norms of high school football players.”

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The Chicago Tribune’s current front page expose, “Compromised Care,” reveals that patients in nursing homes throughout Illinois are being dosed with powerful psychotropic drugs, often needlessly, and leading to tremors and a higher risk of falls and even death. Romanucci & Blandin are long-time advocates for nursing home safety, and we will continue our efforts to advocate for safer nursing home practices.

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Sixty Minutes last night broadcast a wonderful show highlighting the aspects of traumatic brain injury in football players. As you know, Romanucci & Blandin, have been advocates in preventable causes of brain injury -- especially in our youth players. We continue to fight the fight with the Chicago City Council in banning metal baseball bats for youth players. This story on football only furthers our cause and educates all of us as to the dangers associated with contact play and being aware of the symptoms of concussion and any injury. The video in its entirety is right here:
Watch CBS News Videos Online

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This video is incredible. It demonstartes how a safely designed parking lot and a conscientious owner of the mall saved the life of a young girl. This out of control vehicle was actually stopped by parking bollards and wound up being impaled on top of them. The young girl and the building were protected from any harm whatsoever by the bollards:

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The NFL Players Association has announced the formation of a Concussion and Traumatic Brain Injury (TBI) Committee to address the issue of head trauma and brain injuries among professional football players.

Antonio Romanucci praised the effort, indicating that it will address two fundamental, timely and critical issues facing professional football players: first, the diagnosis, treatment and prevention of concussions and TBI in active players; and second, the long-term cumulative effects of isolated or repetitive TBI in NFL players as patients in order to discover how these effects can be reduced and eliminated.

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An alert to anyone considering a nursing home for a family member from Romanucci & Blandin, LLC! Inadequate oversight of nursing homes by the state puts the most vulnerable at risk of violent crime and severe deficiencies in care, according to a Chicago Tribune front page feature. More than any other state, Illinois relies on nursing homes to house mentally ill patients, including those who have committed crimes. Many of those patients become violent and wreak havoc on elderly, sick patients who deserve a measure of peace and care in their final days.

Compare nursing homes at chicagotribune.com/nursing homes

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CHICAGO – Each year, some 1.4 million people in the U.S. sustain a traumatic brain injury, according to attorneys at Romanucci & Blandin, LLC, in Chicago. Some 50,000 die from those injuries.

A traumatic brain injury (TBI) is defined as a blow or jolt to the head or a penetrating head injury that disrupts the function of the brain. Not all blows or jolts to the head result in a TBI. The severity of such an injury may range from "mild," i.e., a brief change in mental status or consciousness to "severe," i.e., an extended period of unconsciousness or amnesia after the injury. A TBI can result in short or long-term problems with independent function.

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CHICAGO – Males are about 1.5 times as likely as females to sustain a traumatic brain injury (TBI), according to attorneys at Romanucci & Blandin, LLC. In addition, they point to these statistics:
• The two age groups at highest risk for TBI are children up to 4 years old and 15- to 19-year olds.
• Certain military duties (e.g., paratrooper) increase the risk of sustaining a TBI.
• African Americans have the highest death rate from TBI.

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• Medical malpractice has no place in the healthcare debate. Healthcare reform is about making sure that every American has access to quality, low-cost healthcare, not about limiting the legal rights of innocent patients harmed by medical negligence.

• Tort reform does not improve the quality of our healthcare system or produce cost savings. Forty-eight states have already enacted at least one medical malpractice tort reform measure. Yet, these legal restrictions have done nothing to improve our health care system—forty seven million Americans still have no health care, costs are still escalating and 98,000 Americans still die each year from preventable medical errors. Limiting the legal rights of injured patients will do nothing to fix these problems.

• Medical malpractice is about real people, with real injuries. The Institute of Medicine estimates that 98,000 people die each year in the US from preventable medical errors. And, this number does not even include the countless other people who are injured by medical errors. Rather than reforming the legal system that provides protections to these injured patients, we must focus on reforming the medical system in this country to prevent these errors from ever happening in the first place.

• There is no medical malpractice crisis. In 2008, medical malpractice payments accounted to 0.2 percent of all health costs – the lowest level on record. Furthermore, researchers at the Harvard University School of Public Health have found that nearly all medical negligence claims are meritorious, with 97 percent of claims involving medical injury and 80 percent involving physical injuries resulting in major disability or death.

• Americans should not have to give up rights, in order to gain the right to healthcare. President Obama has repeatedly stated that in America, healthcare is a right. Likewise, Americans should not have to relinquish their constitutionally protected 7th Amendment rights in order to gain access to quality healthcare.

• Lawmakers should focus on the key issues. Achieving consensus on the health reform is an extremely delicate balance. Lawmakers must not unnecessarily insert extraneous, controversial issues such as tort reform into an already complicated issue.

• Health courts would be an expensive, bureaucratic nightmare. They would exchange a patient’s constitutional right to a jury trial for a schedule of pre-determined outcomes that would be handed out by judges more interested in appeasing special interests than rendering justice to the injured patients standing before them. And health courts would not protect patients from wrongdoers, but instead, would shield doctors and hospitals from accountability for their careless, harmful acts. Health courts truly are an unfair proposition for patients.

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CHICAGO – Each year, an average nursing home with 100 beds reports 100 to 200 falls, according to attorneys at Romanucci & Blandin, LLC.

About 1,800 older adults living in nursing homes die each year from fall-related injuries. Those who experience non-fatal falls can suffer injuries, have difficulty getting around and have a reduced quality of life.

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CHICAGO, August 17, 2009 – Romanucci & Blandin, LLC, a personal injury law firm here with bench strength in aviation litigation, notes that the small plane-helicopter crash which took place August 8 over the Hudson River, occurred in uncontrolled air space around New York City. The crash killed nine people on board.

Most mid-air collisions occur in uncontrolled airspace where pilots select their own flight path. The Federal Aviation Administration plans to require by 2020 that all aircraft have systems capable of transmitting their positions to other aircraft.

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Biking along Chicago’s 18-mile lakefront bike trail may be fun, but it leads to frequent accidents and injuries, according to a story in the Chicago Sun-Times (August 9, 2009). The bike path, while great, is sometimes so crowded that it’s hazardous. People collide with each other and swerve to avoid hitting rough patches. Chicago lifeguards reported 126 wipeouts between 2002 and 2008.

Wearing a helmet doesn’t ensure safety. A biker quoted in the story was wearing a helmet when he swerved to avoid a pedestrian. Without the helmet, doctors says he would have died. He lay in a coma for a week, needed treatment for paralysis and still has some memory loss.

The story reported that the Chicago Park District doesn’t have a comprehensive system for tracking collisions and other trail problems. If it did, they could take measures to make sure that certain areas are safer.

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Differences in height, weight and technique may make high school football tackles more risky to the head and spine than those that occur in college football, a new study shows.

The report, published by the National Athletic Trainers’ Association, analyzed the biomechanics of football tackles to better understand the high risk of concussions and serious cervical spine injuries faced by high school players.

Romanucci & Blandin, LLC, continues to try and make a difference in our young athletes lives by pushing legislation to make sports safer and more compatible with the sport and age of the child -- such as our effort to ban metal baseball bats.

Continue reading "The Risk of High School Football Tackles" »

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Chicago – Those of you who read the Sunday edition of Parade magazine will recall the well-researched, two-page article about brain injuries by Lee Woodruff, the wife of ABC News correspondent Bob Woodruff. Bob made a miraculous recovery from a traumatic brain injury (TBI) suffered while he was reporting news in Iraq. At Romanucci & Blandin, LLC, we are doing our part by continuing to support the Midwest Brain Injury Clubhouse. Antonio Romanucci is currently leading a new building effort on its part.

In the story, Lee shared her experience about the aftermath of the September 6, 2008 accident that left Bob in a coma for 36 days. After extensive therapy, he is not only back on the air at ABC but reporting the news – from Iraq.

Continue reading "Parade Magazine Features Inspiring Story about Traumatic Brain Injury" »

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Kudos to Alexian Brothers Hospital in Chicago for its innovative program to provide specialized therapies to returning Iraq and Afghanistan veterans. The hospital is using high-tech diagnostic screening called “Virtual Iraq” to differentiate between post-traumatic stress disorder, traumatic brain injury and depression – all common conditions among returning veterans. The hospital also offers cutting-edge therapies to help veterans re-integrate into their communities. Romanucci & Blandin has many resources to help people cope with traumatic brain injuries. please do not hesitate to call us.

A story in the July 8 edition of the Chicago Tribune focused on the growing need for this kind of specialized care. Some 20 percent of all returning veterans have some type of brain injury, according to the Brain Injury Association of America.

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Should there be a cap on medical malpractice awards? No, said two-thirds of the respondents to a Chicago Tribune on-line survey published in the paper’s June 23, 2009 edition. There were 2,010 “yes” responses and 1,045 “no” responses, the Tribune reported. Romanucci & Blandin, LLC, has long opposed caps on damages.

Among reader comments printed in Wednesday’s Tribune:

“There should not be caps. The numbers are arbitrary. Why should someone be compensated less because a negligent doctor hurt him than if a negligent driver did?”

“Medical malpractice caps sound like a good idea – until you are a victim of a medical error. Let’s not forget that the rest of us are responsible for our negligence and our liability is not capped.”

“Most people want caps until it’s their relative. Then it’s different. How can you cap someone who may need care the rest of his or her life?”

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Romanucci & Blandin would like to update you on the progress of health care reform and how it may effect you as a patient.

Medical malpractice reform was the subject of a dozen amendments last week during the Senate Health Education Labor and Pension (HELP) Committee Mark-up. The committee voted down the Hatch Amendment dealing with Comparative Effectiveness Research, but merely tabled the Enzi Amendment that could establish health courts. That means this could come back up at any time. Additionally, House Republicans have released an outline of their health bill that includes limits on medical malpractice. Following the 4th of July recess, the Senate Finance Committee will begin their mark-up process, and we are sure to face more amendments seeking to curb medical malpractice awards and restrict your clients’ access to the courts. The Public Affairs team is doing a tremendous job of staying on top of this issue and working to defeat these amendments.

Continue reading "AAJ continues to work for the rights of consumers and patients" »

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President Obama showed the courage of his convictions on Monday when he addressed the American Medical Association’s annual meeting in Chicago and said that limiting the amount juries can award against doctors would be unfair to malpractice victims.

When the President first broached the topic (the doctors’ demand for a cap on malpractice suits), his audience believed he may be supporting the caps. “Don’t get too excited yet,” he said. “Now just hold onto your horses here, guys…I’m not advocating caps on malpractice awards.”

However, the President went on to explain that he is looking at evidence-based guidelines for treatment. He stated it would protect doctors who follow agreed-upon guidelines from costly lawsuits, yet let people who have legitimate medical malpractice claims could still file them in a court of law. In reality, an an evidence based guideline for treatment would be a pre-emptive attempt at unduly limiting lawsuits against wrong doers. At Romanucci & Blandin, we believe there never ever should be a placement of limits or standards against injured victims or in any way limit a plaintiffs right of recovery at the courthouse.

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The Rehabilitation Institute of Chicago is seeking persons who have suffered a concussion or brain injury within the past five years for a research study on the effectiveness of using acupuncture to treat insomnia.

Participants would need to go to the RIC’s campus at 345 E. Superior in Chicago for clinic visits. They will receive $75 for their participation. The study is made possible by a grant from the U.S. Department of Defense. If interested, call (312) 238-0724.

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Ronald Kuiper, who was being treated at St. Luke's Regional Medical Center in Sioux City and had less than 30 percent breathing capacity was felled by flavoring commonly found on microwave popping corn. Kuiper died of so-called 'popcorn lung disease.'

The key to Kuiper's demise is a chemical known as diacetyl. While it is generally felt that the chemical poses little threat to consumers, the chemical fumes from diacetyl used in the manufacturing of the flavoring are said to be harmful to factory workers exposed to large quantities of the chemical in the workplace.

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March 31, 2009 – Antonio M. Romanucci, a partner at the Chicago personal injury firm of Romanucci & Blandin, LLC, and a board member of the Public Justice Foundation, hailed today’s U.S. Supreme Court against tobacco giant Philip Morris as a victory for consumers. The Court issued a one-sentence order today in Philip Morris USA v. Williams saying, "The writ of certiorari is dismissed as improvidently granted."

The order rejects the tobacco company's latest challenge to the jury's $79.5 million punitive damages award in that case. This is exactly what the Court should have done. Public Justice had filed an amici brief explaining that Philip Morris had not legally preserved the challenge it was trying to make.

Continue reading "Romanucci & Blandin, LLC, in Chicago, Hails Supreme Court Ruling " »

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As the war in Iraq winds down, veterans will begin returning home in increasing numbers, often with brain injuries, post-traumatic stress disorder and other problems related to duty. In Chicago, the Police Department’s crisis intervention program is responding to an increase in veteran-related calls and stepping up efforts to help whose psychological wounds can harm everyone around them, especially their families. The Cook County courts also are developing a plan that would help keep veterans out of the criminal justice system.

As a law firm that concentrates in helping victims with traumatic brain injuries, Romanucci & Blandin salutes the police and courts for their efforts in this regard. Many returning vets are depressed and erratic. They often turn to alcohol and other mind-numbing drugs to ease the memories of combat. Everyday occurrences such as a police siren can trigger a flashback. In reality, they aren’t themselves – no one with a serious brain injury ever is – and they probably cannot comprehend what is happening.

Sadly, the number of veterans who have attempted suicide has also increased. According to studies, between 4,000 and 6,000 of them have attempted suicide. One thousand have actually killed themselves, with the U.S. Army recording a record number last year.

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Those of us at Romanucci & Blandin were stunned to read about the death of a 16-month-old boy who died from a severe brain fracture on January 12, the result of his being thrown to the floor by a 22-year-old teacher’s assistant in a Lincolnshire, Illinois, daycare center. Any catastrophic injury is tragic, but when the victim is a baby, it’s all the more egregious.

Initially, it was believed that the child died from a seizure, but further investigation by authorities revealed that the assistant, who was supposed to be caring for him, allegedly threw the child to the floor because she felt he was misbehaving. After being thrown, the boy grabbed his blanket and crawled to a bouncy chair where he died. (The fact that the child could crawl after the accident is not unusual. It takes time for swelling and bleeding in the brain to become fatal.)

The daycare center where the accident took place was considered first rate and had no record of any previous complaints of mistreatment. The teacher’s assistant has been charged with first degree murder and is being held on $5 million bond.

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Tony Romanucci’s recent interview on a Springfield, Illinois radio station generated a “home run” of sorts in support of his ongoing crusade to have metal baseball bats banned by Illinois youth leagues.

Dave Hollinshead, who works in the security forces at the Air Guard base in Springfield, called in after Tony’s interview to applaud his efforts to have the metal bats banned. “I have witnessed many injuries that are caused by these high-powered bats,” said Hollinshead, who plays on a park district league in Springfield and suffered a permanent hand injury as the result of a ball hit by a metal bat.

Hollinshead has made numerous attempts to encourage change in his community, all to no avail. “Unfortunately, not enough communities or leagues are taking a pro-active position to try to facilitate the safety of players of all ages,” he said.

The Chicago City Council is considering an ordinance introduced by Alderman Robert Fioretti that, if passed, would prohibit the use of metal bats by the city’s youth leagues. A hearing will be scheduled in early 2009.

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Improved treatment for victims of brain injuries is the goal behind a new study funded at $4.3 million by the National Institutes of Health. The five-year study will collect information from more than 2,300 patients who have moderate to severe head injuries, typically suffered when the head violently strikes an object or when a sharp objects pierces the skull.

Rush University Medical Center in Chicago, which treats 50 to 75 patients with traumatic brain injury each year, is one of 11 healthcare facilities in the U.S. to participate in the study. The study is considered the largest and most important study ever done on brain injury, according to experts, because it will lead to the ability by health care professionals to identify the best treatments for a full range of symptoms.

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Sadly, it appears that race is an important factor in determining who gets better health care. A new study published in the Archives of Surgery shows that blacks and Hispanics are less likely to receive quality care than whites when they suffer traumatic brain injuries. Although hospitals are supposed to treat everyone the same way based on the severity of the injury, the report says they do not.

The study, which was based on data from 376,000 patients at 700 hospitals, indicates that whites who had insurance were more likely than blacks and Hispanics to survive after being treated for a head wound. In addition, blacks with insurance had a higher mortality rate than insured whites.

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The last thing on your mind as you rush to the polling place on Election Day is a car crash. Yet statistics show that you have an 18 percent increased risk in death and a significantly increased chance of suffering a catastrophic injury.

So whether you plan to vote for Barrack Obama, John McCain or another candidate for President, the lawyers at Romanucci & Blandin, LLC, in Chicago, urge you to take extra precautions when you get behind the wheel, especially if you’re rushing to the polling place or driving on an unfamiliar route.

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Public Justice Foundation (PJF) is back before the U.S. Supreme Court in Philip Morris USA v. Williams again, filing an amici brief opposing the tobacco company's latest effort to avoid the jury's $79.5 million punitive damages award in that case. Tony Romanucci, a partner in the Chicago personal injury firm of Romanucci & Blandin, LLC, serves on the board of the PJF.

The case arose out of the untimely death of Jesse Williams, an Oregon man who died from lung cancer caused by his smoking of Philip Morris' cigarettes. After being diagnosed with lung cancer, Williams told his wife that the "cigarette people" had deceived him, that he felt betrayed, and that "they were lying all the time." An Oregon state jury awarded $821,485.50 in compensatory damages and $79.5 million in punitive damages, the equivalent of two-and-a-half weeks profit for Philip Morris. The Oregon Court of Appeals and the Oregon Supreme Court twice upheld the award as entirely proper.

Continue reading "Public Justice Foundation Fights for Justice for All" »

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The government is more than quadrupling monthly payments to some veterans suffering brain injuries, as the number of such war wounds mounts in Iraq and Afghanistan.
The new compensation is based on the assessment that even some troops who have the mildest form of traumatic brain injury could end up with chronic headaches, memory loss, anxiety or other symptoms that will hurt their chances of getting a job or job advancement -- thus reducing their lifetime earnings by 40 percent.

In a regulation announced Tuesday by the Department of Veterans Affairs, officials changed the way they evaluate the injuries. They now judge a person to be 40 percent disabled in such cses rather than 10 percent. The lower rating was set by a 1961 regulation. The change means that an unmarried veteran, who now recieves $117 monthly in compensation, could recieve as much as $512. Troops with spouses and children also would get more money.

Mild traumatic brain injury is basically a form of concussion that results from severe shaking of the brain after a blast. It can cause blurred vision, irritability and other problems.

The change takes effect in 30 days, and those recieving compensation under the old system can have thier cases reviewed.

Roughly 1.7 million American troops have served in Iraq and Afghanistan, and a RAND Corp. study estimated early this year that up to 320,000 may have suffered a traumatic brain injury.

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Baseball – America’s favorite past time – is equated with good old-fashion fun, but in recent years there have been a number of brain injuries stemming from the use of aluminum bats in baseball games from Little League on up.

Ringler Radio host, Larry Cohen and co-host, Mike Casey, the organization’s board chairman, recently interviewed Tony Romanucci to discuss this controversial topic. The discussion included real life cases, Tony’s efforts to pass a bill in his home state of Illinois to exclude aluminum bats from youth baseball games and a look ahead at what is being done to make baseball safer on the baseball diamond. To hear the interview, click here.

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It’s been called a public health issue that often doesn’t register on America’s radar screen, but a front page story in Sunday’s Chicago Tribune underscored the problem of “backover” vehicular deaths of small children. Romanucci & Blandin believes the issue is finally getting the attention it deserves.

Continue reading "Backover Accidents of Children Gaining Attention of U.S. Safety Experts" »

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The Bush administration is working hard on tort reform -- not through Congress but through the Supreme Court. Now that Bush has a majority most of the time, the Court has been issuing increasingly conservative decisions that preempt state laws with respect to consumer safety. Already, one decision, Riegler v. Medtronic, is protecting the medical device industry so long as they sought federal approval for their product to be sold to the public. Even the doctors are worried. When the doctors worry about medical safety it is time for you to worry also. Please read the attached article prepared by the Download file">New England Journal of Medicine.

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Romanucci & Blandin was pleased to receive word that the U.S. House of Representative’s Committee on Education and Labor is investigating the U.S. Department of Labor’s longstanding failure to collect accurate data on workplace injuries and illnesses. Testimony presented to the committee this week in Washington calls into question the agency’s claims that workplaces are getting safer and healthier.

“Without accurate injury and illness statistics, employers and workers are unable to identify and address safety and health hazards, and policy makers are unable to assess the state of workplace safety in this country,” said U.S. Rep. George Miller (D-CA), chairman of the committee. “We simply must not allow a lack of information to permit hazardous working conditions to go unaddressed, putting workers’ limbs and lives at risk.”

Continue reading "Under-reporting of Workers Compensation injuries distorts nation’s safety report card" »

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The Chicago Sun-Times story on Sunday about the progress being made by a 16-year-old Gary girl who last year suffered a brutal physical attack, cast a spotlight on what happens when someone suffers a severe brain injury. Attorneys at Romanucci & Blandin are all too familiar with the scenario because so many of our clients have suffered traumatic brain injuries.

In her mind, the victim sought solace in a safer time – back to when she was 6. In the newspaper story, her father likened her situation to a computer rebooting and coming back in a safe mode. Just like any computer that has crashed, once it comes back up, only certain information can be accessed

Continue reading "Brain Trauma Leaves 16-year-old Nearly Helpless" »

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Thousands of workers in Illinois are injured on the job each year. If it should happen to you, state law mandates that you receive benefits covering the cost of medical treatment and lost time from work, no matter who was at fault, say attorneys at Romanucci & Blandin, LLC.

The medical coverage begins from the moment you have a work-related injury. Your employer is responsible for providing benefits, paying them directly to you or through an insurance company that administers the program. Absolutely no part of the workers’ compensation insurance premium or benefits can be charged to you.

Continue reading "Useful Information for your On-the-job Injury and Workers' Compensation Claim" »

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The news that two cars of an L train in Chicago derailed yesterday is a reminder to us at Romanucci & Blandin about how frail life is. We see it daily in our work with victims of tragic accidents, some of which are vehicular in nature. One minute you’re fine and the next, your world turns upside down – sometimes both literally and figuratively.

Sadly, those who take the L in Chicago increasingly face risks. In July 2006 and again in December 2006, there were two separate L train derailments. The July incident resulted in injuries to 150 people, six of whom were seriously injured.

Continue reading "Rough Rides on the Chicago Transit Authority (CTA)" »

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Each year in The United States approximately 1.5 million Americans sustain Traumatic Brain Injury (TBI) ranging from mild to severe; 51,000 people die from TBI; and 230,000 people are hospitalized due to TBI and survive. Romanucci & Blandin has extensive experience representing victims of TBI.

A brain injury, which can happen in a split second, usually causes an injury that lasts a lifetime. One good resource for information is the Brain Injury Association of America (www.biausa.com). Brain injury needs to be understood so that adequate help can be obtained. Getting legal representation from a firm with experience in representing victims of brain injury trauma should be the first line of defense.

The lawyers at Romanucci & Blandin also fully support nonprofit organizations that help victims of TBI: the Midwest Brain Injury Clubhouse (www.braininjuryclubhouse.org) and SALUTE Inc. (www.saluteinc.org), a non-profit advocacy organization, which provides support and assistance to military families of injured U.S. soldiers being treated at the Rehabilitation Institute of Chicago. The firm’s attorneys also speak nationwide about the legal issues related to TBI.

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This has to be one of the most dramatic saves a pilot has made on a landing. As the wheels touched down a nearly 100 mph crosswind blew the jet off the runway causing one of the wings to scrape the runway. The pilot cooly steers the jet from the side of the runway to put it in position for a full engine thrust and manages to circle the jet for a second landing which was successful. Watch the video and look at the serious yaw the plane is experiencing before the wheels touch the runway. Kudos to Lufthansa and its pilot.

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Romanucci & Blandin has been actively involved in the Ford City Mall natural gas explosion for quite some time now. In that occurrence, many people were injured when a natural gas pipeline ruptured in the Ford City Mall parking lot. As having personally inspected the scene several times after the explosion -- it looked nothing short of a war zone. Quite frankly, it appeared as if a bomb had been dropped into the parking lot. as the cause and origin of that explosion is yet to be determined and the litigants are deep into discovery, it would be inappropriate to comment at this time what we feel is the cause of that particular explosion.

However, this most recent incident underscores that this State and this country is facing a crisis in its aging infrastructure. in the Waukegan incident it has been reported that a main ruptured. Mains are not supposed to rupture unless they are so old that they cannot handle he pressure of the gas in the main or they are being ill-maintained. Either way, we have a problem and it will not be fixed unless we get our butt out of Iraq and stop spending the money on a war we will never win and spend that money here at home fixing our infrastructure and education system. OK. Enough said. Thanks for listening.

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If you have ever flown into Jackson Hole, Wyoming, you will be hard pressed to say that there is a prettier landscape to fly in and out of. After all, this is the only commercial airport in the United States that resides in a national park. Despite all of this, runway excursions are not immune.

As you know, Romanucci & Blandin has been very vocal about the safety of our skies -- especially when it comes to our airplane landings. Lately, there have been way too many incidents of overruns and excursions. The NTSB is investigating another such incident from Jackson Hole.

The National Transportation Safety Board sent two investigators to Jackson Hole, Wyoming, to investigate an incident in which a United Airlines jet veered off the side of a runway.

Continue reading "And Another Airline Runway Excursion ..." »

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Romanucci & Blandin has reported that we have been the major proponent behind the ban of metal baseball bats in little league play. We are now one step closer to achieving that life saving reality. Rep. Robert Molaro of Illinois has introduced HB4140 which would ban non wood bats for organizational use for children under 13 years of age. We hope that Committee Hearings will be held soon and then on to Springfield for a vote. In the near future we will be publishing all of the known data inherent in the risks of metal bat use in baseball. This blog entry is to advise our readers of the introduction of the bill.

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Loyola University Medical Center, a Chicago area Level 1 Trauma Center, has announced plans to use new technology that will help surgical teams keep track of all sponges used during a procedure.

About 1,000 times a year, a surgical sponge is left inside a patient during a procedure.

To keep that from happening at its facility, Loyola is becoming one of the first hospitals in the country to use sponges labeled with bar codes.

Continue reading "Chicago Area Hospital Aims to Reduce Sponge Count Losses " »

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The Chicago Defender recently reported on Romanucci & Blandin's latest effort to restore some common sense to the City of Chicago and its police department:

The oldest child of a West Side man, who was killed after Chicago police officers shot him multiple times earlier this month, filed a wrongful death lawsuit against the department. Wisconsin resident Angela Jadoo, the mother of Freddie Wilson's 13-year-old son, filed the suit Monday in the Circuit Court of Cook County alleging that the police acted with little regard of Wilson's life and violated his civil rights.

Continue reading "Chicago Defender Reports on Freddi Wilson" »

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The Illinois 1st District Appellate Court on Friday affirmed a $17.68 million verdict in favor of Romanucci & Blandin client, Vernon Hudson, who was left paralyzed when his vehicle was struck by a Chicago police car involved in a chase of a homicide suspect.

Hudson was on his way home from his job as a truck mechanic at the time of the May 2001 collision on the Eisenhower Expressway. He sued the city and Officer Sung Joo Lee, who later was dismissed from the suit. Hudson brought both negligence and willful and wanton conduct counts against the city.

A Cook County jury ruled in favor of Hudson on both counts after a March 2005 trial before Cook County Circuit Judge Irwin J. Solganick. Solganick denied the city's motion for judgment notwithstanding the verdict or a new trial.

Among the city's arguments on appeal was that it was immune against the negligence count pursuant to the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. The city also argued that Lee's conduct was not willful and wanton.

Continue reading "Illinois Appellate Court upholds $18M verdict in Chicago police department chase" »

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The family of a Chicago North Lawndale man fatally shot by police last week filed a wrongful-death lawsuit Monday against the City of Chicago and the Police Department.

This shooting is the latest in a continuous string of public embarrassments for the Chicago Police Department. Mayor Daley has had to react to the recent rash of deaths and shootings and tasers by instituting a national search for a leader to the department that can restore the public's confidence in knowing that Chicago is, indeed, protected by the nation's finest. Romanucci & Blandin has successfully prosecuted and brought to trial cases where the Chicago Police Department has been accused of misconduct.

The lawsuit alleges Aaron Harrison, 18, was unarmed and running from police officers when he was shot by an officer. Police have said the teen, who had a lengthy arrest record and one drug conviction, was shot once after an officer told him to drop his weapon but instead he pointed a 9mm handgun at them as he ran during a chase. Harrison died of a gunshot wound to his upper left rear shoulder, with the bullet exiting through his neck, the Cook County medical examiner's office said.

The family's lawyer said at least two video cameras near the scene may have captured the shooting, which sparked heated protests in the neighborhood in the days that followed.

Continue reading "Chicago Police Under Investigation for Suspicious Death" »

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In yet another a blow to the families of those killed and injured in the 2003 Lincoln Park porch collapse in Chicago, the Illinois Appellate Court ruled Wednesday that the City of Chicago cannot be held liable for negligence that the families say led to the tragedy.

Families of the 13 people killed and dozens of others injured had sued the city, among others, after records showed city officials inspected the porch at 713 W. Wrightwood but failed to cite property owners for obvious defects that experts said caused the collapse.

The Appellate Court said that, under state law, the city is immune from lawsuits unless there is proof the city showed "an utter indifference to, or conscious disregard for, the safety of others."

Romanucci and Blandin is involved in a police chase with the City of Chicago where we were able to proceed to trial after the trial court ruled that the police officers involved were both negligent and willful and wanton. a jury returned a verdict of $17.6 million. the City of Chicago appealed and the matter is awaiting resolution by the Appellate Court.

Continue reading "Chicago Off the Hook for Deadly Porch Collapse" »

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Our children's safety should never be compromised. One of the most important areas of concern for safety, not only in Chicago or Illinois, but all over the United States, is the method we transport our children to school -- buses. Chicago has seen its unfortunate number of tragic bus accidents and it is mind bongling why seat belts were never mandated on school buses. It is about time that children stop being projectiles inside of a tin can when the buses they are riding in are in accidents. We have seat safety laws for our cars, minivans, suv's, trucks, airplanes, etc. But why don't we have mandated seat safety for school buses? Hopefully, that will all change in Illinois soon with a new bill being proposed by Rep. Elizabeth Coulson.

I urge all of you to support this bill. I cannot think of a more important piece of legislation that would have a more immediate impact on the health and welfare of your children and mine.

Please read more:

Continue reading "Chicago Wide School Bus Safety is Mandatory" »

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Everyone by now has heard of the Judge in New York who sued his dry cleaner for the ridiculous sum of $54,000,000 for losing his pants. This law firm, and every lawyer I know, has condemned his lawsuit and the pursuit of a judgment against the dry cleaners. Thankfully, justice did prevail and he literally lost his pants in the lawsuit.

A good friend of mine has prepared an educational parody of Fancy Pants. Please take a look at the video below and watch why good lawyers don't want people like this filing lawsuits. Good lawyers only want good clients who have legitimate and compensable injuries.

Thanks to Tom Young for his production.

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Romanucci & Blandin has always been a strong advocate for aviation safety, not only in Chicago but all over the country. Our recent involvement in the Southwest Airlines runway incursion at Midway Airport has led to substantial safety upgrades at the airport with many more safety features to come. However, there continues to be a lot of work in this ever-changing industry of expansion and retraction. Only yesterday, the National Transportation Safety Board began investigating a runway incursion in Fort Lauderdale, Florida in which two airliners may have come within 100 feet of each other.

At about 2:30 p.m. on July 11, 2007, the crew of United Airlines flight 1544, an Airbus A-320, received taxi clearance from the terminal to runway 9L via taxiway T7.

Delta Airlines flight 1489, a Boeing 757, arriving from Atlanta, Georgia was inbound for landing on runway 9L. As United was taxiing on taxiway D near runway 9L, the tower controller noticed the airplane was going too fast to hold short of the runway and told the ground controller to tell United to stop. United stopped on runway 9L, 30 feet from the centerline.

As Delta flight 1489 was touching down on runway 9L, the tower controller instructed them to "go around." The airplane became airborne and the tower controllers reported that Delta flew over UAL by less than 100 feet.

Fort Lauderdale International Airport is not equipped with either a ground safety system such as an Airport Movement Area Safety System or Airport Surveillance Detection Equipment. The United crew stated that they missed the turn onto taxiway B. The FAA has classified this incident as a pilot deviation.

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This morning, the American Association for Justice, which will hold its annual meeting and conference in Chicago, Illinois, released an important poll. It shows significant anxiety concerning corporate misconduct and large support among voters for a strong civil justice system to ensure corporate accountability and fairness. Key findings reveal that:

• Americans are deeply worried about their nation’s future, and concern about corporate misconduct is a major source of their anxiety. “Worried swing voters,” who see corporate irresponsibility as a central problem, may play a pivotal role in the 2008 election.

• Voters will support candidates who defend the civil system over candidates who assail “frivolous lawsuits” and advocate “tort reform.” Pro-civil justice candidates not only command overwhelming support from swing voters, but also appeal to significant blocks of Republicans.

Romanucci & Blandin is proud to be an AAJ supporter and we will continue to pursue the rights that are clients are entitled to every day.

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The family of a Northern Illinois motorcyclist who died in a cornfield after making two 911 cell phone calls authorities couldn’t trace filed a lawsuit Monday against two Illinois counties.

Kurt Regnier, 47, of Capron, died in July 2006 of injuries to his head, neck and chest after a motorcycle accident. His Harley-Davidson veered off a rural McHenry County road into a cornfield where he laid for about four hours before a passer-by found him and notified authorities. Regnier was dead when paramedics arrived.

The suit, which names McHenry and Winnebago counties, alleges both counties had access to technology necessary to determine Regnier’s location from the 911 cell phone calls. It claims both counties were negligent in not setting up the service and upgrading technology. The lawsuit also claims McHenry County collected more than $2 million for the technology upgrades since 1999 but didn’t use the money.

Continue reading "Chicago Area Family Files Lawsuit Over Missed 911 Cell Phone Call" »

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The U.S. government can tax an individual's compensatory damages for emotional distress and injury to reputation, a federal appeals court has ruled.

In its 3-0 decision, the U.S. Circuit Court of Appeals for the District of Columbia said legal recoveries for these amorphous injuries count as income for tax purposes. The court distinguished emotional distress and reputational harm from physical injuries, the compensation for which does not count as income and is not taxable under federal law.

The appeals court rejected a taxpayer's argument that compensating emotional and reputational injuries does not enrich an individual but merely makes that person ''whole.'' Thus, the person has not received any ''income'' but has simply been returned to where he or she was before the injury, the taxpayer argued.

Continue reading "U.S. Circuit Court of Appeals says: Careful What you Tax for on a Tort Recovery" »

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