As the “new normal” of living in a global pandemic takes hold, we are seeing a host of legal questions become triggered. One large set of concerns relates to protecting the health of workers, consumers, patients and nursing home residents from the life-threatening coronavirus/COVID-19. Another set of concerns relates to protecting small businesses who are… Read More
Cognitive Biases Can Result in Medical Malpractice
Most physician errors are not intentional, but intent is not required in a medical malpractice case. The standard is whether a physician acts reasonably careful under the circumstances. This means that a physician can still be negligent even with the best of intentions. It is important to remember that physicians are human beings. As such,… Read More
Rise in Vaping-Related Injuries and Deaths Prompts Lawsuits
Electronic cigarettes (e-cigarettes) were initially marketed as a safe alternative to smoking. We are now learning that was a lie. While the long-term health effects of e-cigarette use (“vaping”) is unclear, there are an increasing number of cases to suggest that vaping causes a whole host of life-threatening conditions, including pulmonary and gastrointestinal problems, “popcorn… Read More
Preventable Tractor-Trailer Accidents
Some of the most catastrophic motor vehicle accidents we see are collisions between passenger vehicles and semi-trailers or big rigs. These trucks weigh much more than passenger cars, so when there is a crash, occupants of the smaller vehicle tend to suffer disproportionately. Indeed, according to the Insurance Institute for Highway Safety’s 2017 fatality statistics,… Read More
Distractions Lead to Highest Pedestrian Death Rate in Three Decades
According to a recent report from the Governors Highway Safety Association, a national nonprofit highway safety organization, the number of pedestrians killed on U.S. roadways in 2018 was the largest annual number of pedestrian fatalities since 1990. Specifically, the data revealed 6,227 pedestrians were killed in motor vehicle accidents last year, a 4% increase from the… Read More
Legionnaire’s Disease at VA Prompts Increase in IL Court of Claims Damages Cap to $2 Million
Ever since the 1970’s, civil damage awards against the State of Illinois were limited by the Court of Claims Act to $100,000. See 705 ILCS 505/8 (2009). That $100,000 damage cap figure is tied for lowest in the country. Since July 2015, thirteen residents at the Quincy Veterans Home have died while under the care… Read More
Distracted Driving Accidents
It may only take a few seconds to check your phone for a text message or open an email. But looking away from the road even momentarily can lead to a catastrophic accident. And the research backs this up. Recent statistics show that approximately one-quarter of all car accidents involve cell phone use — that’s… Read More
Brain Shunt Failures and Negligence
A brain shunt is used to remove a buildup of excess cerebrospinal fluid on the brain. When excess fluid develops, it increases the pressure inside the skull and can damage the brain. Symptoms of increased fluid on the brain include a headache, vomiting, and seizures. Eventually, brain damage and death can occur. Thousands of people… Read More
$1.125 Million UIM Settlement
Passen & Powell represented the estate of a man who was a pedestrian struck and killed by a car driven by a woman with inadequate insurance. Fortunately, our client had substantial Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage on his auto insurance policy. UM/UIM coverage allows you — in the event you or your… Read More
Should Bicyclists be Required to Stop at Red Lights and Stop Signs?
As people grapple with increased traffic, especially in urban areas like Chicago, there has been a growth in the number of people commuting to and from work via bicycle. The city has improved its infrastructure to allow for more bike lanes and an increasing number of “Divvy” bikes. One question becomes: should all of the rules… Read More
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