August 26, 2008

$2.5 million lawsuit against nursing home

Filed under: nursing home negligence — Hayman & Kirshenbaum @ 1:54 pm

HARRISONBURG — A $2.5 million lawsuit in U.S. District Court accuses a New Market nursing home of improper care.

 
Life Care Center of New Market, at 315 E. Lee Highway, is being sued by Betty H. Puffenbarger, administrator of Kenneth Eugene Huffman’s estate.

 
The lawsuit, filed last week, says Huffman entered the nursing home in July 2003.

 
“The Defendant’s agents and employees deviated from the standard of care by failing to prevent avoidable skin breakdown, by failing to prevent the development of avoidable pressure sores,” it says.

 
The sores weren’t treated properly, and a catheter wasn’t placed or cared for properly either, according to the suit. Nor were changes in Huffman’s conditions reported to a physician, or his records properly maintained, it says.

 
As a result, according to the lawsuit, Huffman suffered a sacral wound, an abscess, a urinary tract infection and renal damage.

 
According to a statement from Deanne Craft, executive director of the Life Care Center, the facility hadn’t yet been served with the lawsuit.

 
“The staff of Life Care Center of New Market gives our residents professional care in a spirit of love and compassion, and we remain alert to that goal and pursue it each day,” the statement says. “We strive to make this nursing center one that is known for its quality health care services, and we regret that an individual has chosen to call the commitment of both this center and our professional caregivers into question.”

 
Life Care Center has 20 days from receiving a summons to file an answer to the complaint, according to online court records.

If you or a loved one has been injured and you need a Northbrook car accident lawyer, call Hayman & Kirshenbaum at 847-446-7900 for a free consultation or visit our website at www.majorinjurylaw.com.   We also handle medical malpractice, wrongful death, fall downs, birth injury and nursing home abuse and negligence cases.  Proudly serving accident victims since 1980 in Chicago, Skokie, Evanston, Morton Grove, Niles, Des Plaines, Arlington Heights, Wheeling, Wilmette, Highland Park, Glencoe, Mount Prospect, Palatine and Glenview.

bus accidents 101

Filed under: bus accidents — Hayman & Kirshenbaum @ 1:45 pm

Buses are a fairly safe mode of transportation. However, they can be very dangerous if they are involved in an accident.

Bus accidents often result in serious injuries and even death. Factors that contribute to these accidents are driver negligence, inadequate security, dangerous roadways, weather conditions, defective products and improper maintenance, among others.

According to the University of Michigan Transportation Research Institute, based on information from the National Highway Traffic Safety Administration, there are less than 300 fatal bus accidents in an average year. Of those, about 30% involve transit buses and 40% involve school buses. There may be variations from other sources but above figure paints a frightening picture of the dangers buses pose to the riding public.

If you are injured in a bus accident you may be able to file a claim against the bus company to receive damages for the injury you have sustained. You may either be on board the bus while the mishap happened or you may be walking on the street or riding a car.

Like trains and planes, buses are conveyances that are required to provide a higher level of safety for its occupants. They are liable for injuries that passengers may suffer. It is mandatory for them to have equipment in good condition and skilled drivers to ensure the safety of passengers. State policies may vary but in general, if a personal injury occurs because the carrier was not in compliance with safety regulations, the carrier may have total liability for personal injuries.

Much like other accidents, it is imperative that you follow certain procedures to protect yourself from possible trouble. For one, seeking the assistance of a doctor is very important to determine your level of injury and if you might have sustained other debilitating injuries that might have long term effects.

Gather pertinent information as much as you can regarding your accident like names and addresses as well as contact numbers.

If you or a loved one has been injured and you need a Northbrook car accident lawyer, call Hayman & Kirshenbaum at 847-446-7900 for a free consultation or visit our website at www.majorinjurylaw.com. We also handle medical malpractice, wrongful death, fall downs, birth injury and nursing home abuse and negligence cases.  Proudly serving accident victims since 1980 in Chicago, Oak Lawn, Evergreen Park, Burbank, Calumet City, Riverdale Crestwood, South Holland, Alsip, Midlothian, Hazel Crest, Orland Park, Tinley Park, Harvey, Dolton, Blue Island, Markham, Park Forest, Homewood,  Palos Hills, Palos Heights, Chicago Heights and Flossmoor.

motorcyclist remains in critical condition

Filed under: motorcycle accident — Hayman & Kirshenbaum @ 1:39 pm

STREATOR — A Streator motorcyclist remained in critical condition Tuesday morning after a crash Sunday along Illinois 23 that also injured his passenger.

Richard R. Rhynes, 58, was in critical condition at OSF Saint Francis Medical Center, Peoria, on Tuesday, a nursing supervisor said. A passenger in the motorcycle, Patricia Rhynes, was listed in fair condition at the hospital, the supervisor said.

The crash happened just after 5 p.m. Sunday along Illinois 23, LaSalle County sheriff’s police said. A Yorkville man apparently turned in front of the motorcycle, forcing Richard Rhynes to lay it down on the road, police said.

If you or a loved one has been injured and you need a Northbrook car accident lawyer, call Hayman & Kirshenbaum at 847-446-7900 for a free consultation or visit our website at www.majorinjurylaw.com. We also handle medical malpractice, wrongful death, fall downs, birth injury and nursing home abuse and negligence cases.  Proudly serving accident victims since 1980 in Chicago, Oak Lawn, Evergreen Park, Burbank, Calumet City, Riverdale Crestwood, South Holland, Alsip, Midlothian, Hazel Crest, Orland Park, Tinley Park, Harvey, Dolton, Blue Island, Markham, Park Forest, Homewood,  Palos Hills, Palos Heights, Chicago Heights and Flossmoor.

Chicago 5th in hybrid sales

Filed under: Uncategorized — Hayman & Kirshenbaum @ 1:34 pm

HARTFORD, Conn., Aug 26, 2008  — Economically and environmentally savvy drivers have set off a wave of hybrid car sales in Chicago and statewide. A recent study from hybridcars.com ranks Chicago as fifth on the list of top cities for hybrid sales. Illinois also occupies the fifth spot among the states ranked in the survey. This segment of car owners has grown significantly as fuel prices remain near all time highs and there continues to be a growing concern for environmental issues.
The top five cities for new hybrids1 are:
Rank             Metropolitan Area          New Hybrid Sales
1.                  Los Angeles                   17,638
2.                  San Francisco                 11,155
3.                  New York                        10,419
4.                  Washington DC                 5,828
5.                  Chicago                             4,862

If you or a loved one has been injured and you need a Northbrook car accident lawyer, call Hayman & Kirshenbaum at 847-446-7900 for a free consultation or visit our website at www.majorinjurylaw.com. We also handle medical malpractice, wrongful death, fall downs, birth injury and nursing home abuse and negligence cases.  Proudly serving accident victims since 1980 in Chicago, Oak Lawn, Evergreen Park, Burbank, Calumet City, Riverdale Crestwood, South Holland, Alsip, Midlothian, Hazel Crest, Orland Park, Tinley Park, Harvey, Dolton, Blue Island, Markham, Park Forest, Homewood,  Palos Hills, Palos Heights, Chicago Heights and Flossmoor.

pedestrian in critical condition after car accident on Dan Ryan ramp

Filed under: pedestrian accident — Hayman & Kirshenbaum @ 1:29 pm

A man was hospitalized in critical condition Tuesday after a car hit him while he walked on an exit ramp from the Dan Ryan Expressway on Chicago’s Near South Side, police said.

The crash occurred about 5:35 a.m. on the Cermak Road exit from the northbound lanes of Interstate Highway 94, said Illinois State Police Trooper Jarrett Hagene.

The victim, whom police could not identify, was taken to Northwestern Memorial Hospital. The driver also was taken to a hospital to be treated for what were described as non-life-threatening injuries.

It was unclear why the man was walking on the ramp, said Hagene, who added that no citation had been issued to the driver Tuesday morning.

If you or a loved one has been injured and you need a Northbrook car accident lawyer, call Hayman & Kirshenbaum at 847-446-7900 for a free consultation or visit our website at www.majorinjurylaw.com. We also handle medical malpractice, wrongful death, fall downs, birth injury and nursing home abuse and negligence cases.  Proudly serving accident victims since 1980 in Chicago, Oak Lawn, Evergreen Park, Burbank, Calumet City, Riverdale Crestwood, South Holland, Alsip, Midlothian, Hazel Crest, Orland Park, Tinley Park, Harvey, Dolton, Blue Island, Markham, Park Forest, Homewood,  Palos Hills, Palos Heights, Chicago Heights and Flossmoor.

August 25, 2008

attorney seeks probe for police shooting

Filed under: police misconduct — Hayman & Kirshenbaum @ 1:20 pm

WAUKEGAN, Ill. - A civil rights attorney from Chicago says there should be an independent civil review board investigation into the police shooting death of a 17-year-old boy from Waukegan.

Waukegan police say an officer shot and killed Jeffrey Lewis after the teen allegedly struck another officer in the head with a hammer. Police say the shooting was justified.

But Chicago attorney Lewis Meyers says the black community in Lake County feels police are insensitive to them. Meyers works in Chicago for the New York-based National Action Network headed by the Reverend Al Sharpton.

The teen’s family says they consider the death unjustified and have retained an attorney to investigate a possible wrongful-death lawsuit. The teen was buried last week.

If you or a loved one has been injured and you need a Northbrook car accident lawyer, call Hayman & Kirshenbaum at
847-446-7900 for a free consultation or visit our website at www.majorinjurylaw.com.We also handle medical malpractice,
wrongful death, fall downs, birth injury and nursing home abuse and negligence cases.  Proudly serving accident victims since
1980 in Chicago, Skokie, Evanston, Morton Grove, Niles, Des Plaines, Arlington Heights, Wheeling, Wilmette, Highland Park,
Glencoe Mount Prospect, Palatine and Glenview.

can you help prevent whiplash?

Filed under: Car Accidents — Hayman & Kirshenbaum @ 12:44 pm

Whiplash is one of the most common and painful injuries from car crashes.

There’s a simple adjustment drivers and passengers can make to help prevent it.

if you’ve ever been in a rear-end collision, you may have experienced whiplash. There are more than 3 million whiplash injuries in the U.S. every year, painful conditions that often linger months or even years after the accident You may not be able to prevent another driver from crashing into you, but there may be a simple way you can protect your neck.

Before we put the wheels in motion, most of us make adjustments to the car. There’s the seat, the rearview mirror, the side mirrors and the steering wheel, but what about the headrest? It’s something Paula Winchel said she now pays attention to.

“A car or truck was actually coming really fast behind me and there was nowhere I could go,” she said.

More than ten years after her car was rear-ended, Winchel said she is still suffering.

“I have a lot of intense pain at times where I get headaches,” she said.

Biomedical engineer Doctor Brian Stemper has studied whiplash injuries for a decade. His goal: find the best way to protect people behind the wheel.

“Originally, we thought that the whiplash was a hyperextension injury where the head rotates backward relative to the thorax, and that leads to a stretching in the soft tissues of the spine,” Stemper said.

Now, he says, extensive crash tests and computer modeling show whiplash happens before the head rotates backward. The key is the relationship between the head and chest.

“The goal in whiplash is to minimize the relative motion between the head and your chest,” Stemper said.

Research shows headrest position is crucial. Placed level with the top of your head and two inches or less from the back of your head, it can prevent whiplash by limiting head movement.

“It’s going to minimize the motions, the relative motions between your head and your chest, which will cut down on the forces in the cervical spine in that rear impact,” said Dr. Dan Hurley, physiatrist, Chicago Institute of Neurosurgery and Neuroresearch.

Realistically, a rear-end collision can happen so fast that there’s almost never time to prepare on the spot.

But Hurley says making a habit of sitting back in your chair all the time can give you an edge when you least expect to need it.

“Any way that that motion up there can be stabilized, whether you have a chance to sit back or whether the headrest is a little closer, you will at least eliminate the force,” he said.

Researchers also found that in similar impacts, women’s cervical spines move more than men’s, making women five to 10 percent more susceptible to whiplash. The slender shape of women’s necks may also make them more vulnerable. And while some whiplash can be very serious, there’s good news for the majority of those affected.

“They have done the studies to show most people generally resolve their symptoms in a couple months after the average whiplash,” Hurley said.

“When they’re coming up fast behind me, I definitely get nervous,” Winchel said of other dirvers.

Despite her nerves, Winchel is still on the road, but she’s made the adjustments to protect herself in the driver’s seat.

Doctor Stemper is working with automakers and says they’re already taking steps to develop head restraints that help prevent whiplash injuries. But even if your car doesn’t have that new equipment, taking a few minutes to adjust your headrest could help keep you safer in a rear end collision.

If you or a loved one has been injured and you need a Northbrook car accident lawyer, call Hayman & Kirshenbaum at
847-446-7900 for a free consultation or visit our website at www.majorinjurylaw.com.We also handle medical malpractice,
wrongful death, fall downs, birth injury and nursing home abuse and negligence cases.  Proudly serving accident victims since
1980 in Chicago, Skokie, Evanston, Morton Grove, Niles, Des Plaines, Arlington Heights, Wheeling, Wilmette, Highland Park,
Glencoe Mount Prospect, Palatine and Glenview.

downstate man dies in one car accident

Filed under: Car Accidents — Hayman & Kirshenbaum @ 12:37 pm

A Madison County man died early Sunday morning in a one-car accident near Alton.

Steven D. Clutts, 34, of 2709 Windham Terrace, Apt. 14 in Wood River, was the driver of a 1994 Ford Probe traveling west on Illinois 143, known as the Berm Highway, in Alton at a high rate of speed when Clutts lost control about 3:51 a.m. on Sunday, according to Coroner Steve Nonn.

The car struck the median and rolled into the eastbound lane of Illinois 143, throwing Clutts from the car.

Clutts was pronounced dead at 5:48 a.m. by Coroner’s Investigator William Brandon.

Toxicological testing remains pending at this time. The crash remains under investigation by the Alton Police Department.

If you or a loved one has been injured and you need a Northbrook car accident lawyer, call Hayman & Kirshenbaum at
847-446-7900 for a free consultation or visit our website at www.majorinjurylaw.com.We also handle medical malpractice,
wrongful death, fall downs, birth injury and nursing home abuse and negligence cases.  Proudly serving accident victims since
1980 in Chicago, Skokie, Evanston, Morton Grove, Niles, Des Plaines, Arlington Heights, Wheeling, Wilmette, Highland Park,
Glencoe Mount Prospect, Palatine and Glenview.

August 23, 2008

investigation reopened in cop video taped at tavern

Filed under: Car Accidents — Hayman & Kirshenbaum @ 12:05 pm

Authorities are reopening their investigation of a car crash involving an off-duty Chicago Police officer that killed two men after a tavern surveillance tape surfaced reportedly showing the cop downing five shots plus other drinks in the hours before the Thanksgiving Day accident.

A Cook County state’s attorney spokesman said Friday that officials are taking another look at the case of Officer John Ardelean.

Ardelean, 34, was originally charged by police with misdemeanor driving under the influence of alcohol after a two-vehicle crash Nov. 22 that killed Miguel Flores, 22, and Erick Lagunas, 21.

Ardelean, who prosecutors said refused to take a field sobriety test at the North Side crash scene, wasn’t given a Breathalyzer test until almost eight hours after the accident. That test showed his blood-alcohol level to be .032 — below the legal limit of .08.

Prosecutors filed felony charges of aggravated driving under the influence after investigators reviewed the circumstances of the crash at Damen and Oakdale. But Cook County Judge Don Panarese tossed the charges because there was “no indication” the officer was drunk.

Family members of the men who died charged that Ardelean received special treatment from his fellow officers.

The videotape, taken from a surveillance camera at the Martini Ranch, 311 W. Chicago, allegedly shows Ardelean drinking over 2½ hours and grabbing a bottle of beer to go as he left. Minutes later, Flores and Lagunas were killed when Ardelean hit their car in his Dodge Durango about 2:50 a.m.

First Assistant State’s Attorney Bob Milan had reviewed a shorter “incomplete” version of the tape before the court case, spokesman John Gorman said. After being alerted to a longer version by television reports, Milan obtained a copy from Flores’ sister Nancy.

“Bob saw aspects of behavior we hadn’t seen before,” said Gorman, including a scene of a woman “pouring a drink down his throat.”

“All our family wants is justice,” Nancy Flores told reporters.

Police have launched an Internal Affairs investigation. Ardelean, who couldn’t be reached for comment, was relieved of his police powers after the November crash, but he remains on the payroll.

If you or a loved one has been injured and you need a Northbrook car accident lawyer, call Hayman & Kirshenbaum at 847-446-7900 for a free consultation or visit our website at www.majorinjurylaw.com.   We also handle medical malpractice, wrongful death, fall downs, birth injury and nursing home abuse and negligence cases.  Proudly serving accident victims since 1980 in Chicago, Skokie, Evanston, Morton Grove, Niles, Des Plaines, Arlington Heights, Wheeling, Wilmette, Highland Park, Glencoe, Mount Prospect, Palatine and Glenview.

drunk driver dies in car accident after chase

Filed under: Car Accidents — Hayman & Kirshenbaum @ 11:59 am

A 49-year-old man has died from injuries suffered in a three-vehicle crash late Thursday night, following a brief police chase, Montgomery police said.

Police were trying to notify next of kin, and were not releasing the victim’s identity as of Friday afternoon.

The man was airlifted to Advocate Good Samaritan Hospital in Downers Grove in “very critical” condition following the head-on crash at about 11:25 p.m. Thursday. Friday morning, the DuPage County coroner’s office said the man had died.

Montgomery police said they were initially called to a convenience store in the 1700 block of Orchard Road around 11:15 p.m. Thursday to check on a suspicious man who entered the store and was asking odd questions.

When they arrived, officers found the suspect asleep in the front seat of his Chevy Blazer, which was parked in front of the business. Officers said they smelled a strong odor of alcohol, and the man gave them several aliases before they were able to accurately identify him. The man’s license has been revoked since 1992 for drunken driving, police said.

As officers attempted to open the car doors, which were locked, the man started the engine and pulled forward onto the sidewalk, almost striking the building and a squad car. He then sped off southbound on Orchard Road — failing to stop for traffic signals — with police in pursuit.

Montgomery police said they saw the man throw something out of the window of the car. They later found a loaded semiautomatic pistol and a box of ammunition in a grassy area near the shoulder of the road. The suspect’s Illinois Firearms Owner’s Identification Card had been revoked, police said.

The man continued driving recklessly down Orchard Road, and police stopped their pursuit. Shortly after, the man’s vehicle crossed the center line, striking a northbound car near Mill Road on Orchard Road, and pinning him in his vehicle.

Fire crews responded to the accident at 11:25 p.m., said Oswego Fire Protection District Battalion Chief Bill Perkins. The victim was extricated and airlifted to Good Samaritan.

Perkins said a third vehicle also was involved. Two other people were injured in the crash and were treated on the scene, according to Perkins.

If you or a loved one has been injured and you need a Northbrook car accident lawyer, call Hayman & Kirshenbaum at 847-446-7900 for a free consultation or visit our website at www.majorinjurylaw.com. We also handle medical malpractice, wrongful death, fall downs, birth injury and nursing home abuse and negligence cases.  Proudly serving accident victims since 1980 in Chicago, Oak Lawn, Evergreen Park, Burbank, Calumet City, Riverdale Crestwood, South Holland, Alsip, Midlothian, Hazel Crest, Orland Park, Tinley Park, Harvey, Dolton, Blue Island, Markham, Park Forest, Homewood,  Palos Hills, Palos Heights, Chicago Heights and Flossmoor.

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