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 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 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.

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.

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 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.

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.

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 personal injury firm Romanucci & Blandin has learned about a new study that shows alarming results: high school athletes are four times more likely to suffer a concussion today than they were ten years ago.

According to a study by Andrew Lincoln, who heads the Sports Medicine Research Center at Union Memorial Hospital in Baltimore, in 2008 there were about five concussions for every 10,000 times kids got hit on the playing field. This compares with slightly more than 10,000 in 1997.

It’s unclear what drove the numbers up, but researchers say it’s likely a combination of the awareness of concussion’s signs and symptoms. Researchers recorded concussions at 25 schools over a nine-year period in six different sports each for boys and girls.

Concurrently, legislation continues to make its way through the Illinois House of Representatives that would provide new safeguards against rushing athletes back into games after they sustain concussions. School districts would be required to obtain a doctor’s written permission before a player, who may have received a concussion, could resume playing.

The move is part of a national wave of concern about the long-term risks associated with concussions. The NFL held a news conference last week and said it wants all 50 states and the District of Columbia to pass legislation that could cut down on concussions. A quicker route would be through federal legislation, and there is a bill pending in Congress on that issue. The GOP-led House is not likely to support the bill, so the matter will probably be left to the states.

Other research shows that repeated blows to the head can lead to depression, dementia and other mental health problems as victims age. The recent suicide of former Chicago Bears player Dave Duerson brought new attention to the issue.

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Have you recently been injured in an accident as the result of the neglect, carelessness, or recklessness of another individual? If so, you may be entitled to significant compensation for your injuries.

The first step is for you to check with a Chicago personal injury attorney, who has training and experience to help you get you the maximum amount of compensation that you deserve. Thankfully, you do not need to fight your own case.

Many people are apprehensive about consulting a personal injury professional because they are not aware of how these professionals work and what they do. The legal field is very complex and can be intimidating for someone who has worked with a lawyer. But most lawyers understand your discomfort and will go out of their way to explain the process and keep you informed every step of the way. Furthermore, most personal injury attorneys do not charge directly for their services but instead receive a percentage of any settlement or verdict.

Personal injury attorneys use a wide variety of techniques to prepare for your case, such as reviewing police reports, medical reports, witness statements, and a vast expanse of other material to determine both what happened during an accident, and who is to blame for any injuries that may have resulted.

Eventually, the case is either settled out of court or goes to trial. With their advanced knowledge and legal skills, personal injury lawyers will always fight for what is in your best interest to help you obtain the compensation you deserve.

The Illinois Legislature is considering a Workers' Compensation reform bill that, if passed, would severely limit the rights of injured workers to to be compensated fairly. Our Chicago injury firm has written to all State Senators and Representatives, urging them to make any changes through the "agreed bill process," an historically successful approach that allowed business and labor to sit down together and negotiate, with a detailed analysis and review of all proposals.

Workers' Compensation is far too complex to make quick, sweeping changes in just a few weeks. Even the Illinois State Medical Society supports the "agree bill" process as the best way to amend the Workers' Compensation laws.

The Illinois Chamber of Commerce and other business interests are behind the measure to make radical changes quickly. We believe their proposal is impractical, unworkable and nonsensical and will result in increased litigation and disputed cases.

Continue reading "Proposed Illinois Legislation Would Limit the Rights of Workers Who Suffer On-the-job Injuries" »

Chicago City Council is considering an ordinance that would force public schools to prohibit youths who sustain a head injury, or who show signs of a concussion, from field play.

As Chicago injury attorneys, we applaud the ordinance, which is supported by Finance Chairman Ed Burke and Education Committee Chairman Latasha Thomas. At a public hearing on the matter, the chairman of Northwestern Memorial Hospital's Department of Neurological Surgery, Dr. Hunt Batjer, called the proposed crackdown "an importance ordinance."

Dr. Batjer said that women's hockey and women's soccer posed the greatest risk of concussion. Boy's football, which many thought was the reason behind support for the ordinance, is third.

That was a surprise because a great deal of recent publicity has focused on injuries resulting from football.

Under the terms of the ordinance, a student showing signs of a concussion must be removed from the field until they obtain a medical clearance to return. Schools that fail to remove a concussed student, either in practice or an actual game, would lose their water and sewer fees exemptions. Currently, schools are exempt from paying these fees.

The challenge will be public education, Alderman Burke acknowledged. Coaches and parents need to understand the seriousness of allowing an injured player to return to the field before their injury has healed sufficiently.

Last week, Romanucci & Blandin filed a lawsuit on behalf of Robert F. and Cheryl L. Schutter, parents of Jake R. Schutter, age 11, against Easton Sports, Inc., d/b/a Easton-Bell Sports, Inc. Our client, an 11-year-old boy, suffered hearing loss as a result of being struck in the head by a baseball hit by an Easton Sports’ aluminum baseball bat.

In the lawsuit we alleged that the bat was unreasonably dangerous due to the “trampoline” effect that these bats are designed to create. The lawsuit generated quite a response in the blog-o-sphere. Some of the comments were supportive: “Metal bats are a classic example of profits over kid’s safety.”

Other comments: “This type of lawsuit is what’s wrong with America.” Really?

In an age where children have asthma, cancer and autism from unregulated pollutants and chemicals. Really? In an era where corporations can give unlimited sums of money to politicians to remove regulations. Really? In an era where big businesses puts profits over safety and takes American jobs to third world countries. Really? Some people really believe that the problem with America is that lawyers stand up for the rights of families and children.

To the contrary, lawsuits standing up for children’s rights are what’s right with America. It may well be that a jury determines that the metal bats at issue are not unreasonably dangerous and attempt the argument that a certain number of children with brain injuries, hearing loss, blindness and even death, are an accepted cost of being able to hit a baseball harder and further than you can with a wooden bat. However, a jury may determine that these are not accepted risks.

In an era where unregulated markets have lead to polluted air, water and food and global economic collapse, some people – inexplicably – believe that victims’ rights are the problem.

here was my reply in a blog entry regarding the continued use of metal bats in little league play:

let's make a simple point. the catcher is wearing protective equipment behind the plate to protect himself from mostly foul balls. the batter is wearing a helmet at a minimum to protect himself from errant pitches when he is unable to duck out of the way in enough time. the pitcher who stands the same distance away as the batter is unprotected from a ball which will travel at a faster velocity off the bat than the speed which it arrives at home plate -- which means the pitcher has less time to perceive and react to a ball that a batter ever would have. we all know that metal bats perform better than wood bats. period. if they did not we would not be seeing $200-$400 price tags for a non-engineered device. thinner handles with larger sweet spots and lighter bats spell doom for the undersized pitcher who throws a good pitch to an over sized hitter of the same age who happens to hit it right on the nines. children of a certain age do not possess the brain power that adults do to perceive and react quickly enough to get out of the way in time. these injuries do not happen with wood bats because they cannot. wood does not perform to the level that composites and metal can. no one understands the engineering that goes into a metal bat until a parent tells you that as quickly as the ball was hit was the same moment their son, the pitcher, hit the ground. it happens that quickly. metal bats are engineered to hit the ball faster and farther and little league has fallen in love with them to the extent that in most leagues wood bats are banned! imagine the thought that an eleven year old could shatter a wood bat to the extent that pieces are flying all over the field as you would see in the major leagues. never happened. never seen it happen. restrictions and/or a ban need to be placed on metal bats to protect the player/pitcher just like we have protective devices in place for football and hockey where either players are at risk for injury from being struck by a small hard object or from bigger and stronger players. at one time cigarettes and steroids were deemed safe also. now look and see what we have learned. how many more injuries and deaths do we need to our kids before we put a stop to something that can be easily prevented? this is not an assumption of the risk. assumption of risk is when you strain your thumb sliding into second base or twisting your ankle hitting the bag at first. this is a known preventable danger to our kids. stop it before it kills again.

antonio romanucci

CHICAGO – Romanucci & Blandin, LLC, points to a new study of 1,543 Marines that returning war veterans shows that those whose deployments were marked by boredom, lack of privacy and days off, as well as those with mild TBI, were three times more likely to engage in antisocial behavior upon their return.

Conducted by researchers at the Naval Health Research Center in San Diego, the findings take on added significance, given that fewer troops in Afghanistan will see active combat.

Chicago – The NFL helped fund a study that has led scientists to make a connection between head injuries in athletes and Lou Gehrig’s disease (ALS). In research conducted on the bodies of former athletes, the study results indicate that the new disease is similar to but not the same as ALS.

Dr. Ann McKee, a neurology professor at Boston University, who conducted the study, call the new disease chronic traumatic encephalomyopathy (CTEM). She says it is likely caused by repetitive head trauma that athletes can be exposed to in sports.

To reach her conclusions, she studied the brains and spinal cords of three deceased professional sports figures and found that the same toxic proteins in all three. The proteins were not present in the spines of athletes with CTE and who didn’t have Lou Gehrig’s disease. Nor had she seen them in non-athletes who died of ALS.

The study raises the question of whether the New York Yankees first baseman really died from the disease bearing his name or CTEM.

It came as no surprise to attorneys at Romanucci & Blandin that local doctors encouraged the transfer of baseball bat beating victim Natasha McShane to her native Belfast, Ireland, for another surgery and rehabilitation. Brain injury victims typically do better in a familiar environment.

Natasha, who suffered a senseless beating on April 23, is eating, walking with assistance and has started to say words, according to her family. Some of her vision is still impaired, and her final prognosis is still uncertain. During her difficult recovery period here, Chicagoans went out of their way to help. We wish her well.

As many of you know, Romanucci & Blandin supports a ban on metal baseball bats in youth leagues. USA Today addressed the issue on the front page of yesterday's Sports section. For the complete story, click here.

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

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.

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.

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

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.

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" »

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.

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.

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.

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

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.

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.

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" »

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.

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.

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.”

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.

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" »

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.

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

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.

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.

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

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."

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.

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.”

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.

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

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:

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.

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

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.

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.

• 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.

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.

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.

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.

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" »

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" »

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.

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?”

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" »

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.

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.

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.

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 " »

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.

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.

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.

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.

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.

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.

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" »

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.

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.

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" »

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.

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" »

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" »

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" »

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)" »

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.

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.

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.

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 ..." »

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.

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 " »

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" »

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" »

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" »

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" »

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" »

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.

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.

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.

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" »

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" »