As warmer weather arrives in Illinois during the spring and summer, many motorcyclists are looking to hit the road. After spending most of the last year indoors due to the COVID-19 pandemic, cyclists will be glad to be back on the open road. However, many other drivers will also be spending more time on the road, which may increase the likelihood of dangerous motorcycle accidents. Cyclists who are injured in a collision will want to understand who was at fault and determine how they can pursue financial compensation for their injuries and damages.

Driver Negligence Leading to Motorcycle Accidents

Motorcyclists are much more likely to be injured in a collision than people in passenger vehicles. While cars and trucks include seat belts, airbags, and other safety systems, motorcycles do not offer this type of protection, and a cyclist can suffer serious bodily harm or wrongful death in an impact with another vehicle. Most of the time, motorcycle accidents are caused by driver negligence, and this negligence may include:

• Speeding - People who drive above the speed limit are more likely to lose control of their vehicle or be unable to stop in time to avoid colliding with a motorcycle. Drivers who speed may also run red or yellow lights or stop signs, causing them to strike a motorcyclist who is traveling through the intersection legally.

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The winter is one of the most dangerous times of the year to be on the road. Winter weather can lead to snow and ice on the roadway, as well as reduced visibility, increasing the risk that drivers will lose control of their vehicles. Even in clear weather, low temperatures can lead to safety issues, such as “black ice” that may not be noticeable until it causes a vehicle to lose traction. These safety concerns can affect commercial trucks even more than other vehicles, since due to the large size and weight of tractor-trailer trucks, they require more time and distance to come to a stop, and winter weather conditions can cause a truck driver to lose control of their vehicle. To prevent truck accidents, drivers should be sure to follow the proper safety procedures during the winter.

Commercial Truck Safety in the Winter

While truck drivers should take care to drive safely at all times, they will need to take additional measures to ensure that they can operate their vehicles correctly and avoid collisions during the winter. These measures include:

• Performing pre-trip inspections - A truck’s systems should be inspected closely to identify and address any safety issues before beginning a delivery trip. Drivers should ensure that tires are properly inflated and can provide enough traction, that brakes and trailer couplings are functioning correctly, that antifreeze and coolant levels are topped up, and that windshield wipers and defrosters are working properly, 

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Breast cancer is the type of cancer that most commonly affects women. Fortunately, when breast cancer is detected in time, a person can receive the proper treatment, and there is a 91% survival rate within five years after breast cancer is diagnosed. However, if breast cancer is not diagnosed properly, a patient may not be able to receive treatment to prevent the spread of cancer, and they can suffer serious harm as a result. Failure to diagnose breast cancer may occur because doctors failed to order the proper tests or because test results were not interpreted correctly. In these cases, patients will want to work with a medical malpractice attorney to determine their options.

Diagnostic Mammograms and Targeted Breast Ultrasounds

Imaging tests are the methods that are most commonly used to detect breast cancer. Women routinely receive screening mammograms, which are used to look for signs of breast cancer in patients who do not have any symptoms. A diagnostic mammogram may be ordered based on the results of a screening mammogram or because a patient has experienced other symptoms indicating breast cancer, such as lumps or pain in the breast, changes in breast size or shape, or discharge from the nipple.

Diagnostic mammograms take detailed X-rays of the breast from multiple angles to examine abnormalities and look for tumors that may be too small to detect using other methods. These mammograms can also detect ductal carcinoma in situ (DCIS), which involve abnormalities in the breast ducts that may progress into cancer.

Even though thousands of children are born every day, labor and delivery can be risky, and children can suffer birth injuries due to negligence by doctors, nurses, or other hospital staff. Brain injuries are some of the most serious types of birth injuries, and they can lead to cerebral palsy, cognitive impairments, loss of vision or hearing, and other permanent disabilities. In many cases, brain injuries are caused by a lack of oxygen during labor and delivery, and cooling is one form of treatment that can be effective in preventing further brain damage.

How Is Cooling Used to Treat Birth Injuries?

There are a variety of issues that can occur during birth that may cut off the supply of oxygen to an infant. These include placental abruption, umbilical cord prolapse, uterine rupture, or any other conditions that affect the flow of blood and oxygen throughout the child’s body. Asphyxia during birth can cause a condition known as hypoxic ischemic encephalopathy (HIE). In these cases, a lack of oxygen to the brain can cause brain cells to die, and when blood flow resumes, toxins released by dead cells can cause additional brain damage, leading to a chain reaction that can cause extensive brain injuries or death.

To reduce brain damage, a neonatal intensive care unit (NICU) may use therapeutic hypothermia, or total body cooling. This treatment involves placing the child on a blanket which circulates cool water near the child’s body, lowering their body temperature to around 92 degrees Fahrenheit. This temperature will be maintained for 72 hours before the child’s body is allowed to return to its normal temperature. Cooling therapy can limit the spread of toxins and reduce the chances of additional brain injuries.

During the process of labor and delivery, a child’s condition should be monitored closely, and medical personnel should respond quickly to any issues that could lead to birth injuries. Electronic fetal monitoring is often used to view and record an infant’s heart rate during labor, and doctors and nurses are trained to recognize the signs of fetal distress. If personnel do not properly interpret fetal heart rate tracings, or if they do not respond correctly to issues that could threaten the health of the child, this may be considered medical malpractice.

Category II vs. Category III Fetal Heart Rate Tracings

When electronic fetal monitoring is used, fetal heart rate (FHR) tracings will typically fall into one of three categories. Category I tracings are considered normal, and they are usually a sign that labor can proceed without risks or complications. Category II or III tracings, however, may indicate that a child is experiencing distress, and action may need to be taken to protect the child’s safety or ensure that delivery can be completed while minimizing the risk of injury.

Category II tracings are considered “indeterminate,” and they may include a slower heart rate than normal (bradycardia) or a rapid heart rate (tachycardia). Category III tracings are more serious, and they may involve rapid acceleration or deceleration of heart rate or repetitive changes that fall outside of normal FHR patterns. Both category II and category III tracings may indicate that a child is experiencing problems that may affect their ability to deliver oxygen to the brain, and lack of oxygen may lead to permanent brain injuries.

Workers in the United States are usually eligible to receive certain benefits if they are injured while on the job. Workers’ compensation will typically cover a person’s medical treatment and the loss of income they have experienced due to a workplace injury, and an employee will be eligible for these benefits no matter who was responsible for the injury. However, injury cases can become more complicated for those who work on boats. A different set of laws, known as maritime law or admiralty law, apply in cases involving offshore injuries, and workers who have been injured will want to be sure to work with an attorney who understands the unique legal issues involved in their case.

Receiving Compensation for Maritime Injuries

Even though maritime law usually applies to vessels that operate away from the shores of the United States, there are a large number of people in the Chicago area and throughout the state of Illinois who may be affected by these laws. In addition to shipping on Lake Michigan and throughout the Great Lakes, commercial vessels also regularly operate on the Chicago River, the Des Plaines River, and the Mississippi River, and anyone injured while working on these boats will want to understand their legal options.

The Jones Act is one of the key laws that apply to work-related injuries on boats. Under this law, a “seaman” can pursue a negligence claim against their employer if they were injured or contracted an illness during the course of their work. To be considered a seaman, a person must work on a vessel while it is in navigation, and they must contribute to the function or mission of the vessel. Usually, only members of a boat’s crew will be considered seamen. Land-based workers, such as harbor workers or longshoremen, will not be eligible for compensation under the Jones Act; instead, they will typically be able to receive compensation under the Longshore and Harbor Workers Compensation Act (LHWCA).

Businesses throughout Illinois and across the United States have been forced to close due to the coronavirus outbreak. Some businesses have been able to receive aid through federal or state programs, while others have come up with creative ways to maintain cash flow during this difficult time, but nearly everyone is struggling to address the negative effects that COVID-19 has had on the economy. 

Because of the unexpected closures that have been mandated by stay-at-home orders and other government-imposed requirements, many business owners are looking to determine whether they can be reimbursed for their losses under their business interruption insurance policies. Unfortunately, many insurers have been denying these types of claims. When addressing these denials, businesses will want to work with an attorney who is experienced in litigation involving insurance companies.

Difficulties With Business Interruption Claims

Many businesses’ commercial property insurance policies include business interruption coverage that is meant to provide reimbursement for losses that result from an inability to use the property to conduct business. However, whether business closures due to the outbreak of an infectious disease will be covered under these policies is an open question that is still being addressed by many insurers and policyholders. Prior to the coronavirus crisis, these types of claims were relatively rare.

The coronavirus pandemic has affected nearly every aspect of our lives. Stay-at-home orders have required many people to minimize contact with others in order to avoid becoming infected or spreading the disease. However, many workers at “essential businesses” have been required to risk exposure, and doctors and nurses, as well as employees at grocery stores, restaurants, and other important areas of the economy, have bravely placed themselves in harm’s way to ensure that others receive the care and services they need. Even when precautions are taken to minimize the risk of infection for these workers, some have contracted COVID-19, and they and their families are likely wondering about whether they will be able to receive workers’ compensation or if they have other legal options to address the harm they have experienced.

Recent Lawsuits Demonstrate the Difficulties Faced by Workers

Many employees of essential businesses are concerned about the possibility that they may be exposed to the coronavirus, become ill, or pass the infection to family members. In some cases, workers have experienced significant harm or died after contracting COVID-19. On April 6, 2020, the estate of a man who worked at a Walmart Supercenter in Cook County filed a wrongful death lawsuit against Walmart after the man died from complications related to COVID-19. The lawsuit alleges that Walmart acted negligently in a variety of ways, including failing to properly disinfect the store, provide employees with personal protective equipment, follow social distancing guidelines, or evaluate and respond to employees who showed symptoms of infection.

In another lawsuit, a nurse who worked at Northwestern Memorial Hospital claimed that she was wrongfully terminated by her employer after raising concerns about the masks provided to hospital employees. She stated that she was fired after bringing her own N95 mask to work and informing other employees that the masks distributed to employees by the hospital were less effective in preventing COVID-19 infections.

In the United States, we expect the medications that are available on the market to be safe for people to use. The Food and Drug Administration (FDA) closely regulates drugs and takes steps to protect public safety if any issues are discovered. Recently, the FDA has recommended that all ranitidine products be removed from the market due to unsafe levels of a carcinogenic substance. Because this drug is widely used to treat heartburn, acid reflux, and related conditions, consumers may have suffered adverse effects after using it. If you have been harmed by a dangerous drug or another type of defective product, you will want to consult with an attorney to determine your options for recovering financial compensation.

How Dangerous Is Ranitidine?

Ranitidine is commonly known under the brand name Zantac, although it is also available in generic form, and it can be prescribed by a physician or purchased over the counter. In 2019, the FDA began investigating ranitidine products after learning of testing that found the presence of N-nitrosodimethylamine, or NDMA, which is a known human carcinogen. Contamination by NDMA may negatively impact those with stomach, liver, colorectal, esophageal, kidney, bladder, prostate, and pancreatic cancers.

In some cases, drugs were found to contain 26,000-90,000 times the FDA's acceptable daily limits of NDMA. However, even though some products tested did not contain unacceptable levels of the cancer-causing substance, testing found that levels of NDMA in a product will increase over time, especially when drugs are stored at higher-than-normal temperatures. Due to the significant risk of contamination and the potential harm this chemical can cause to consumers, the FDA has requested that manufacturers withdraw ranitidine products from the market and that all products, including those that come in tablet or liquid form, be removed from store shelves.

Dear friends and clients,

At Winters Salzetta O’Brien & Richardson, LLC, we are doing our part to slow the spread of the COVID-19 virus, while continuing to work tirelessly on your behalf. We anticipate being able to perform all of our job functions and duties that we owe to our clients and loved ones without any interruption. Our goal is to continue to work as normal, although our entire staff may not be in the office at the same time. We are hopeful that the virus will be contained and that we will all be back to our normal lives soon. In the meantime, when you call us, we will answer the phone and return your messages. When you email us, we will email you back. We encourage you to continue contacting us with your legal questions as you have in the past. Our face-to-face meetings with you may be curtailed for a time, but we will continue to work towards your goals. We will make sure that we maintain appropriate health standards so as not to infect or contaminate anyone unnecessarily. Please know that the various courts throughout Illinois and most of the country have announced measures to stem the spread of the virus in courthouses. Most of these initial steps involve 30 or 60 day partial shutdowns of courts. We continue to have access to the courts for emergent matters. We also continue to monitor the status of all jurisdictions in which we represent you and continue to monitor the court status of every single case that we handle for you. This temporary partial closure of courthouses will not stop Winters Salzetta O’Brien & Richardson from ensuring that everyone gets their day in court.

If you have a specific question about your case or any legal matter, please do not hesitate to contact us at 312-236-6324.  Be safe and be happy.

Over the past decade, many victims of sexual abuse have begun to speak out against their abusers and take legal action against the organizations that allowed this abuse to occur. The Boy Scouts of America, which recently changed its name to Scouts BSA, is one such organization that has faced hundreds of lawsuits from people who have suffered sexual abuse by scout leaders and other volunteers. In February of 2020, the Boy Scouts filed for bankruptcy, leaving many wondering about how this will affect current and future personal injury claims against the organization. 

Bankruptcy and Civil Lawsuits

Chapter 11 bankruptcy allows a company or organization to reorganize its assets and finances and work with creditors to determine how to pay off outstanding debts. One effect of the bankruptcy filing is that it automatically halts any civil lawsuits against the organization. In most cases, bankruptcy will prevent additional lawsuits against an organization based on events that occurred prior to the bankruptcy filing.

Legal experts have stated that the Boy Scouts likely began to consider bankruptcy due to changes to the laws in multiple states that extended the statutes of limitations in civil lawsuits for sex abuse. Between 2017 and 2019, the Boy Scouts paid out $150 million in settlements and other legal expenses. The organization is currently facing 275 lawsuits, and it estimates that between 1,000 and 5,000 more victims could potentially file claims seeking compensation for sex abuse. According to tax documents, the organization owns more than $1 billion in assets, and it may be able to work with insurers to ensure that victims are fairly compensated.

Your spinal cord is a key part of your central nervous system, and any injuries which result in damage to the spine can not only be very painful, but they can lead to long-lasting complications, including numbness, tingling, and paralysis in different parts of the body. Cervical spine injuries that affect the vertebrae in the neck can be especially dangerous, and they can result in permanent disability. These injuries often occur in motor vehicle accidents, but they can also happen in a variety of other situations, such as construction site accidents or slip-and-falls. If you have suffered a spine injury, you will want to work with a skilled attorney to determine your options for pursuing compensation.

Is Surgery Necessary for Cervical Spine Injuries?

The first seven vertebrae in the spine are known as the cervical vertebrae. Damage to the nerves in this area of the spinal cord can lead to paralysis in the arms, legs, and trunk; impairments in one’s ability to breathe, eat, drink, and speak; and loss of bowel and bladder control. 

Not every type of cervical spine injury will result in permanent disability. In some cases, people experience a herniated disc, which occurs when one or more of the discs that act as cushions between the vertebrae rupture. This can cause significant pain, and it may lead to compression of the spinal cord, resulting in numbness, weakness, and loss of fine motor control in the hands and arms.

When you receive medical care, you place a great deal of trust in your doctor and other medical personnel. Because of their medical expertise, you expect them to be able to identify your needs and determine the best treatments. Unfortunately, doctors do not always meet these expectations, and if they fail to provide the proper level of medical care, you can suffer serious harm. Misdiagnosis is one of the most common forms of medical malpractice that can result in serious injuries to patients, and it occurs far too regularly.

A recent study conducted by the Johns Hopkins University School of Medicine found that around 12 million people experience diagnostic errors each year in the United States, and in around one third of these cases, misdiagnosis results in permanent injuries or wrongful death. The study also estimated that between 40,000 and 80,000 people die each year because of misdiagnosis.

What Are the Most Commonly Misdiagnosed Conditions?

The study identified three areas in which misdiagnosis occurs most often:

In 2018, people in the Chicago area became aware of the significant dangers posed by a toxic chemical. Sterigenics International, a company that sterilizes medical equipment, was found to be emitting ethylene oxide, a known carcinogen, from its facility in Willowbrook. A variety of legal challenges have been raised against the Willowbrook plant, but due to its decades in operation, people in the surrounding communities, including Hinsdale and Burr Ridge, are at risk of serious personal injuries.

Changing Laws and Regulations Regarding Ethylene Oxide

While Sterigenics has claimed that its Willowbrook plant was operating within the emissions regulations set by the U.S. Environmental Protection Agency (EPA), the EPA reported in 2018 that people in the surrounding areas were at an elevated risk of contracting cancer due to the presence of ethylene oxide in the atmosphere. As a response, a variety of legal complaints were lodged against Sterigenics, and in February 2019, Illinois Governor J.B. Pritzker issued an order to shut down the facility.

In the ensuing months, Sterigenics was able to reach an agreement with Illinois lawmakers and the Illinois Environmental Protection Agency to reopen the plant, as long as new equipment was installed to drastically reduce the amount of ethylene oxide emissions. However, people in the community and public officials continued to fight against the facility being able to operate in Willowbrook. In September 2019, Sterigenics announced that it would be permanently closing the plant and that it would no longer operate sterilization facilities in the state of Illinois.

The holiday season can be a wonderful time to enjoy parties and gatherings with friends and family, and the festive atmosphere of joy and cheer is often enhanced by the consumption of alcohol. Unfortunately, some people do not act responsibly during this season, and they may choose to violate the laws against driving under the influence. Drinking and driving can lead to dangerous or fatal car accidents, and victims in these cases may be left struggling to pick up the pieces after a tragedy.

The Dangers of Holiday Drunk Driving

Driving under the influence of alcohol is dangerous at any time of year, but it can be especially deadly during the holidays. During this time, there are often large numbers of vehicles on the roads because people are traveling to spend time with family or because they are taking shopping trips. This increased traffic, when combined with the trickier driving conditions that come with the colder winter weather, can result in very serious motor vehicle collisions.

The increased risk of drunk driving accidents during the holidays has been demonstrated in recent years. The National Highway Traffic Safety Administration (NHTSA) reported that in 2017, 885 people were killed in car accidents involving drunk drivers throughout the month of December. In addition, there were 267 fatalities in drunk driving accidents in the days surrounding Christmas and New Year’s Day, and this fatality rate was higher than in any other holiday period in 2017.

As the elderly population in the United States continues to increase, more and more seniors are receiving care in nursing homes and assisted living facilities. Sadly, these facilities are often understaffed, and in many cases, employees are not properly trained or qualified to provide the care that residents need. Instances of nursing home abuse and neglect have become alarmingly common, and statistics show that around 10% of seniors have experienced some form of neglect or abuse. Pressure sores are one of the most serious effects of nursing home negligence, and family members of nursing home residents who experience these types of injuries should be sure to understand their legal options.

What Are Pressure Sores?

Pressure sores, also known as bedsores or pressure ulcers, can develop when a person stays in one position for too long. This can occur when a nursing home resident is bedridden or spends most of their time in a wheelchair. When constant pressure is placed on parts of the body such as the hips, buttocks, back, shoulder blades, heels, or ankles, this can cut off blood flow, and it can lead to sores on the skin, infections, and damage to muscles, joints, and bones.

There are four stages of pressure sores:

Over the past several years, the use of electronic cigarettes (also known as e-cigarettes or vape pens) has grown by leaps and bounds. Manufacturers of these devices have marketed them as being safer than traditional cigarettes, and “vaping” has become especially popular among teens and young adults. However, a variety of concerns have arisen regarding the harm that these devices can cause to their users. In addition to a large number of reported injuries from exploding e-cigarettes, multiple health issues have begun to make themselves known. If you have experienced a personal injury after using a vaping device, you should speak to a skilled attorney as soon as possible.

Lung Illness Related to Vaping

One of the most worrisome issues currently affecting e-cigarette users is the outbreak of vaping-related lung illness (known as “e-cigarette or vaping product use associated lung injury,” or EVALI) that has occurred throughout the United States. People have reported serious respiratory symptoms, including chest pain, coughing, shortness of breath, and fatigue, after using e-cigarettes. As of November 2019, more than 2,000 cases have been reported, and 39 people have died.

The Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA) have been researching this outbreak, and a potential source has been identified. Vitamin E acetate, an additive that is used in some vaping products, was found to be present in samples of fluid collected from patients’ lungs. This substance is usually harmless, but when inhaled, it may interfere with the normal functions of the lungs.

As the temperature drops in the Chicago area, people are beginning to prepare for winter conditions, including snow and ice that may be present on roads, sidewalks, and other walkways. These conditions can significantly increase the risk of a slip and fall accident, and when injuries occur, victims may be unsure about their legal options. In these cases, it is important to understand how Illinois’ premises liability laws apply to a situation, and an experienced personal injury attorney can help determine whether a property owner may be held liable.

Slip and Fall Accident Injuries

While losing one’s footing and falling down is often seen as a minor incident, these types of incidents can result in serious injuries that have long-term effects, especially when snow or ice are involved. During cold weather, surfaces are very unforgiving, and a fall can lead to injuries such as:

• Broken bones

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Every year, Chicagoans brace themselves for the bitter cold, strong winds, and snowy and icy conditions that they must deal with during the winter months. As the temperature begins to drop, and we start to experience inclement weather, one concern that is on many people’s minds is the increased possibility of car accidents. Drivers will want to take additional care to protect their safety during winter weather, and those who are injured in a collision should be sure to understand the forms of driver negligence that may have led to their auto accident.

Safety Measures When Driving in the Winter

It can be very easy to lose control of one’s vehicle during winter weather. To reduce the likelihood of a collision, drivers should do the following:

• Perform proper vehicle maintenance - Drivers should ensure that all of their car’s safety systems are in working order. If tires are worn or bald, this can reduce traction, causing a vehicle to slide out of control when stopping or turning. Burnt-out headlights can reduce a vehicle’s visibility, and if windshield wipers or defrosters are not working properly, a driver may be unable to fully see the road around them. Failure to keep a vehicle maintained may be considered a form of negligence on the part of a driver.

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In 2017, there were nearly 18.8 million residents living in apartment complexes across the United States. These living units are supposed to be overseen by capable management teams; however, instances of carelessness by landlords occur far too frequently, putting residents at risk of serious injuries. When a property is not adequately maintained, residents may be able to hold a landlord responsible for any personal injuries or wrongful deaths suffered. Some of the most serious injuries can occur in apartment fires, and victims of these incidents may be able to pursue compensation through a premises liability lawsuit. It is crucial for victims of an apartment fire to find out if all the safety regulations and building codes were followed correctly.  

Types of Tenant Injuries

When a fire occurs in an apartment, tenants often do not have much time to make a safe exit. In a multi-floor apartment complex, residents on higher levels could become trapped inside a raging inferno for an extended duration. In these cases, people are likely to suffer injuries from smoke inhalation, as well as serious burns. These injuries can be incredibly traumatic, resulting in damage to the lungs and internal organs, significant scarring and disfigurement, and long-term pain.

When Can a Landlord Be Liable?

An apartment fire could happen at any moment, for almost any reason; when an emergency does arise, a landlord is responsible for making sure safety equipment has been tested and regulations have been met. Depending on the location, size, and number of tenants an apartment has, the fire safety requirements can change, although there are some general guidelines that should always be considered. A landlord should ensure that: