June 29, 2009

Illinois Personal Injury Verdicts

A study by Jury Verdict Research found that the median (as opposed to average) verdict in Illinois in personal injury lawsuits that go to trial is $27,220. Plaintiffs receive damages in 51% of Illinois personal injury lawsuits cases that go to trial. Putting these numbers in context, they are in the neighborhood of the rest of the country; the nationwide median personal injury verdict is $34,550, and the nationwide plaintiff recovery probability in personal injury lawsuits is 52%. The most common injuries were back and neck strains (20%), spinal nerve injuries (11%) and head injuries (10%).

May 13, 2009

Chicago Nursing Home Lawsuit

A Chicago nursing home tried to cover up the sexual assault of a 69-year-old resident by another mentally ill resident, a lawsuit filed by family members claims. According to the lawsuit, the Elgin, Illinois nursing home failed to properly monitor young and potentially dangerous residents and tried to pass off the alleged assault as consensual sex. A nursing home lawyer for the family called the incident the most egregious case of nursing home negligence he had seen.

February 23, 2009

Nursing Home Lawsuit for Resident That Froze to Death

Nursing Home Negligent in Death, Lawsuit Claims

The Chicago Tribune has a story of a lawsuit involving the death of an 89-year-old nursing home resident. In the nursing home neglect lawsuit, the family of woman alleges that staff members at the Arbor of Itasca nursing home failed to investigate when the patient triggered an alarm as she apparently wandered into a courtyard during freezing weather. Suffered from Alzheimer’s disease, she was later found frozen to death.

Nursing home lawyers tend to shy away from cases where the patient is almost 90 years-old. But this case has jury appeal because the facts are so extreme.

January 13, 2009

Settlement in Brain Injury Case for $6.5 Million

The Chicago Tribute reports that Provena Mercy Medical Center in Illinois has agreed to pay $6.5 million to settle a medical malpractice lawsuit filed on behalf of a boy who allegedly suffered brain injury during birth. In the malpractice lawsuit, Plaintiffs' attorneys argued that doctors and staff at failed to respond to the child's reaction to the drug Pitocin.

December 12, 2008

Lake County Medical Malpractice Verdict Affirmed

An Illinois appellate court has upheld about $9 million award in the wrongful death a 12 year-old boy who died during a 1999 surgical procedure. The boy died after receiving an antibiotic that triggered an allergic reaction and breathing problems. Jurors two years ago found that the doctor who ordered the antibiotic and the attending anesthesiologist were negligent in the death.

December 4, 2008

9.8 Million Malpractice Settlement

The Chicago Times reports on a $9.8 medical malpractice settment on behalf of the family of a 27-year-old mother of nine who died in Stroger Hospital three years ago after bleeding during a pregnancy. According to the medical malpractice lawsuit filed by the family's lawyer, doctors at the hospital failed to give Dickerson blood-clotting products in a timely fashion after she began bleeding and collapsed in August 2005 while 31 weeks' pregnant. Thankfully, her baby survived.

November 18, 2008

Duragesic Pain-Patch Lawsuit Results in Another Pain Patch Verdict

Two units of Johnson & Johnson were orded to pay $16.6 million to the family of a Chicago-area woman who died after using a Duragesic pain-patch. This is the 4th consecutive pain pump verdict against for Johnson & Johnson in the pain pump litigation. Last month, a Florida jury awarded $13 million to the family of a woman who died after using a similar patch.

If you have a Duragesic pain patch case, call our attorneys at 800-553-8082 or click here for a free initial consultation.

October 3, 2008

Wrongful Death Lawsuit Against Paramedics to Proceed, Court Rules

Yesterday, the Illinois Supreme Court ruled that a wrongful death lawsuit against the city Park Ridge can move forward because the city is not immune from a lawsuit. An Illinois trial court had granted the city's motion for summary judgment.

This wrongful death case is gathering attention because of it bizarre facts. A 15 year-old boy's father called 911 and reported that his son was unconscious and needed resuscitation. Paramedics arrived 5 minutes later but did not treat the patient. We have no idea why. The father called back at about eight hours later. When the paramedics arrived, the boy was in cardiac arrest. Tragically he died at the hospital of a overdose of cocaine and opiates, records show.

Bizarre facts. The a lawyer for the city of Park Ridge says he cannot talk about the case until in comes out in court. Please.

September 30, 2008

Text Messaging While Driving

Christopher T. Hurley of the Illinois Car and Truck Accident Lawyer Blog has a post about calls in Chicago for a ban on text messaging.

I believe 18 states have a texting ban while driving at least to some degree. Who would vote against such a ban? Is there any doubt that eventually text messaging while driving will be banned in every jurisdiction? So why don't we just cut to the chase and ban it now and maybe save a few lives in the process?

September 22, 2008

Medical Malpractice Caps in Illinois

The Illinois Supreme Court will look again at the constitutionality of limits this fall on medical malpractice awards. Illinois law limits noneconomic damages, such as pain and suffering to $500,000 for doctors and $1 million for hospitals.

The case the Illinois Supreme Court will hear is certainly one that underscores the injustice of medical malpractice damage caps. The plaintiff has cerebral palsy, one of the worst possible birth injuries, and will need extensive care for the rest of her life (unless technology can come to the rescue).

Last year, Cook County Circuit Judge Diane Larsen declared Illinois' medical malpractice cap unconstitutional under Illinois law because juries' should have the authority to medical malpractice cases to appropriate what they believe to be appropriate compensation for the plaintiffs' injuries.

Related Posts:

Blog Post on Trial Judge's Ruling Declaring Malpractice Cap Unconstitutional (Maryland Injury Lawyer Blog post from November 14, 2008)

St. Louis Post Dispatch (recent article on case)


August 27, 2008

James Publishing: Insurance Settlements

My two volume treatise Insurance Settlements is now available from James Publishing. The book discusses how to position a lawyer's car accident, truck accident, medical malpractice or product liability case to the best possible settlement at every step along the way (until the state's high court affirms the judgment).

Click on the James Publishing link. If you have any comments on the book, please email me at ronmiller@millerandzois.com under the subject "Insurance Settlements Comments."

August 20, 2008

Byetta Lawyer: Potential Lawsuits and Settlements involving Byetta

Our lawyers are reviewing Byetta claims after the FDA announced this week that the diabetes drug has been linked to severe pancreatic problems in dozens of patients. On Monday, the FDA warned patients taking Byetta to discontinue use if they develop symptoms of the disorder. Further the FDA said that doctor prescribing Byetta should consider other prescription options for patients with a history of pancreas problems.

Since Byetta was introduced into the United States in 2005, more than 700,000 patients have used the Byetta.

Our lawyers are now exploring potential Byetta lawsuits. If you would like to discuss your case with a Byetta lawyer, call 800-553-8082 or click here for a free consulation/case evaluation (or even to answer any question you may have). For more information on Byetta and the concerns with Byetta, click here.

August 13, 2008

Digitek Manufacturer Recalls More Drugs

Last week, Digitek manufacturer Actavis Totowa recalled over 65 different drugs made at their New Jersey manufacturing plant. The list of recalled drugs (in some form or another) includes such generic drugs as Bellamine, Buspirone, Carisoprodol, Oxycodone Meperidine, and Rifampin. This strengthens the conclusion that the New Jersey plant that made these drugs may be the cause of irregularities in Actavis medications.

In April 2008, Actavis recalled Digitek, a drug prescribed to treat heart failure and irregular heartbeat because it was discovered that Digitek tablets appeared to have double the thickness – and likely double the active ingredient – listed on the label. When Digitek is given in abnormally high doses it can lead to digitalis toxicity which, paradoxically, worsens the problems Digitek is intended to treat, causing nausea or lower blood pressure and other side effects from the Digitek overdose that can lead to the increased risk of stroke or a heart attack.

If you would like to speak to a Digitek recall lawyer about a potential Digitek lawsuit, call 1-800-553-8000. For more information on the Digitek overdose recall or a free consultation on your potential Digitek case, click here.

August 12, 2008

Zimmer Durom Cup Hip Implant Lawsuits

Zimmer's Durom Cup hip implants are likely to be the subject of a good number of lawsuits from patients with the Zimmer implants. But they will not be the only ones. Apparently, Zimmer’s own shareholders may agree that Zimmer left its hip implant on the market way too long. Last week, shareholders of Zimmer stock filed a class action in Indiana. Interestingly, the lawsuit seeks damages for shareholders who purchased stock between January 28, 2008 and July 21, 2008. This tells our Zimmer hip implant recall lawyers that these shareholders believe that Zimmer knew or should have known and issued a recall on or before January 28, 2008.

If your Zimmer Durom hip resurfacing cup was defective, call our Zimmer hip implant lawyers at 1-800-553-8082 or click here for a free consultation.

More information on the Zimmer Hip Implant Recall
History of the Zimmer Durom Cup Hip Implant Recall
More information on the Zimmer hip implant recall lawsuits

August 11, 2008

Rotator Cuff Injury Lawyers

Jury Verdict Research(r) study reports that rotator cuff injuries reached a 7-year high in 2006 with a compensatory award median of $72,667. This is almost 50% higher than previous reported settlements and verdicts in rotator cuff injury cases.

Our lawyers have never understood while the national data in these cases was so low. Washington D.C. rotator cuff injuries have averaged well over $100,000 for rotator cuff settlements and verdicts so we have never understood why the national average was as low as it has been. In any event, for whatever reason, rotator cuff verdicts are on the rise.

Our lawyers handle rotator cuff injury cases throughout the United States. Our lawyers have handled scores of rotator cuff injuries in car and truck accidents, typically in side collision or "T-bone" accidents. Our lawyers believe that insurance companies do not give fair value in most rotator cuff injury cases and our lawyers will fight to get you the financial compensation you deserve. Call a rotator cuff lawyer to protect you at 800-553-8082 or click here for a free consultation and case evaulation.

Related Posts

What Is the Value of Your Personal Injury Claim? (how the value of rotator cuff and other person injury settlements are calculated)

Sample Demand Letter (sample letter demanding settlement in a personal injury case)

Handling Your Claim Without a Lawyer (tips and pratfalls)

July 14, 2008

Digitek Lawsuits

Lawyers representing Digitek overdose victims have filed nine lawsuits in New Jersey against Actavis Totowa LLL and its parent company Actavis Group, alleging a manufacturing defect in Digitek, namely that some Digitek tablets have contained twice the active ingredient of the drug. Digitek recall lawsuits have also been filed in West Virginia and California.

Our Digitek recall lawyers are reviewing these Digitek overdose cases in all 50 states expecting that a consolidated class action lawsuit will be appropriate (as opposed to this scatting of individual cases). If you want to discuss your case with one of our Digitek lawyers call us at 800-553-8082 for a free consultation or click here for a free Internet consultation.


May 21, 2008

Nursing Home Fire Lawsuit in Illinois

Chicago lawyer Louis Cairo has filed a wrongful death lawsuit against a Cook County nursing home, alleging that the nursing home employees were woefully ill-equipped, causing the death of a 67 year-old man. The lawsuit alleges that staff members at Hampton Plaza Health Care Centre on 9777 Greenwood Avenue did not have the necessary training or equipment to adequately respond to a fire. The Plaintiff’s nursing home lawyer said that residents were awakened not by smoke alarms, but by people banging on doors to alert others of the fire. This is not exactly a sign of effective smoke detectors.

If you substitute the word “nursing home” for “restaurant” in this story, it would make me skeptical as to whether the restaurant was negligent, as opposed to a plaintiffs’ lawyer trying to manufacture a case because he has a death case (probably a high profile death case, as many fire deaths can be). Because it is a nursing home, I find myself nodding along, “Yes, they didn’t have fire detectors. That sounds about right.” I don’t think I’m alone. That is a sad commentary on nursing home care in this country.

April 17, 2008

Ford Explorer Setlement Approved

In litgation that is a byproduct of the Ford Explorer rollover lawsuits, Ford Explorer owners will be "compensated" in a settlement because of the loss of value of the Explorer because of the perceived rollover danger. This settlement covers about 800,000 people who purchased Explorers in California, Connecticut, Illinois and Texas.

Unfortunately, the only people who will get a significant recovery will be the lawyers who brought these claims. Explorer owners will only be eligible for vouchers for $300 to purchase new vehicles Ford or Lincoln Mercury vehicles (or $500 off the Ford Explorer). Practically, the car dealers will just negotiate a higher sales price on the car the sale of the car, reducing the list price less than they otherwise would.

Accordingly, this settlement is worthless to everyone except for the lawyers bringing these claims. The frustrating thing about this is that 800,000 people see this settlement and think, "Geez, what a scam, the only people that really profit from this are the lawyers." For personal injury victims and their lawyers, this does not help when one of these 800,000 people shows up on a jury.

December 21, 2007

Welcome to Our Blog

Welcome to our blog covering injury law and policy throughout the United States.