Illinois Personal Injury Lawyer Blog

Illinois Finally Releases COVID-19 Numbers at Nursing Homes: Search for Your Loved One’s Nursing Home Here

April 20, 2020 | Margaret Collins

virus-4931227_1920-1024x683 The Illinois Department of Public Health has finally released information about the growing numbers of COVID-19 cases and deaths at individual nursing homes in the state. As nursing home neglect and abuse attorneys, we have felt that families with loved ones in a nursing home deserve to know this important health information, and we had been dismayed by the secrecy and lack of transparency in Illinois up until now.

Below is a list of Illinois nursing homes with the worst outbreaks, as reported by the Chicago Tribune. It includes the nursing homes with the highest number of cases/deaths as of April 19. Unfortunately, we expect these numbers to rise in the coming weeks as nursing homes report more cases.

Cook County:

Over Four Hundred Illinois Nursing Homes Report Coronavirus Cases and Deaths as COVID-19 Crisis Grows

April 19, 2020 | The Collins Law Firm, P.C.

man-hands-waiting-senior-33786-1024x683
Note: These numbers have been updated as of May 12, 2020.

With elderly residents and close living quarters, nursing homes are extremely vulnerable to coronavirus. As the coronavirus crisis continues to develop in Illinois, numbers are emerging showing that nursing homes account for about 50% of the state’s COVID-19 deaths. That number is not surprising when you consider that 410 nursing homes in the state have been affected by the virus. Dr. Ngozi Ezike, director of the Illinois Department of Public Health, recognized that nursing homes would be vulnerable back in a March 12 statement, during which she prioritized restricting visits to nursing homes as a method of limiting the spread of coronavirus.

Despite Illinois banning the majority of visitors at nursing homes, the latest infection reports are still showing coronavirus on the rise in senior facilities. Daily news reports and infection data highlight the widespread problem of COVID-19 infections in Illinois nursing homes. Recently released data from the Illinois Department of Public Health shows that over 14,882 cases of coronavirus and 2400 deaths are linked to nursing homes in the state and the numbers continue to grow. Hardest hit has been Cook County, which has reported 1350 nursing home-related deaths and multiple nursing homes with serious outbreaks. At least four other Illinois counties–including Will, DuPage, Lake, and Kane– have reported 500 or more confirmed cases of COVID-19 in long-term assisted care facilities.

COVID-19 CLAIMS FAMOUS NFL KICKER IN LOUISIANA NURSING HOME AS STATE SHAMEFULLY MOVES TO KEEP NURSING HOME VIRUS “CLUSTERS” SECRET

April 16, 2020 | Shawn Collins

covid-19-4961257_1920-300x169 As if we needed further proof that COVID-19 does not discriminate in favor of the famous, we learn that one of the National Football League’s record-setting field goal kickers has just died from COVID-19 complications in a New Orleans nursing home. 73-year old Tom Dempsey, who was born without fingers on his right hand and part of his right foot and yet kicked what was in 1970 the longest field goal (63 yards) in NFL history, died April 4 in New Orleans’ Lambeth House retirement home, where he had been a resident since 2012.

The State of Louisiana has become notorious for its initial unwillingness to take COVID-19 as seriously as other states, and now, predictably is paying the price, becoming one of the states with the fastest-growing rates of COVID-19 infections and related deaths. Included among the alarming number of Louisiana deaths are 15 residents of Lambeth House, where Dempsey had been a resident. 50 of its residents have tested positive for the virus, as of the date of Dempsey’s death.

But, rather than try to recover from its early ignorance, and get ahead of the virus through competence and transparency, the State of Louisiana has instead opted for shameful secrecy. Specifically, it has just reversed its previous policy and now will no longer make public the names of the nursing homes identified as having “clusters” of COVID-19. A “cluster” is defined as two or more related COVID-19 cases—information that is extremely valuable not only to public health officials but also to families whose loved ones are in one of the state’s nursing homes. Now, Louisiana will merely publish a list of the homes where there are confirmed infections and deaths. And it will now provide this information only twice a week, instead of daily, as had been its practice.

What to Do If You Trip and Fall on a City Sidewalk

April 16, 2020 | John Risvold

crack-3364707_1920-1024x768 In Illinois, cities and municipalities are generally immune from lawsuits. In order to bring a lawsuit against a city or municipality, you have to show that the government acted intentionally or showed a “conscious disregard” for the safety of others. This is called willful and wanton conduct.

City and suburban sidewalks are in a state of disrepair across Illinois. A broken or unlevel sidewalk isn’t just unsightly, it’s dangerous. A small crack or a level change hidden beneath snowy conditions can pose a serious hazard to children, joggers, and the elderly. At night, the danger becomes much greater and individuals can fall victim to and suffer a fall on an unmaintained sidewalk.

Typically, cities and municipalities are not responsible for small cracks or level changes that are less than 2 inches. This is often referred to as the De Minimus rule and it protects governments from being sued if you trip or slip and fall because of a small defect in a sidewalk. But for larger cracks and level changes, cities and municipalities can be held responsible for failing to inspect and repair dangerous sidewalks.

Important Distinctions Between the Illinois Wrongful Death Act and Illinois Survivor Statute

April 14, 2020 | Timothy Collins

funeral-2511124_1280-300x200 The loss of a loved one can cause great emotional and financial strain on a family member especially if the loss was caused by another person’s misconduct or negligent actions. In these types of situations, a family member or next of kin has the ability to recover damages caused by the wrongful death of the deceased person. Family members have two options to recover damages from the at-fault party. A claim can be brought under either the Illinois Wrongful Death Act (740 ILCS 180) or the Illinois Survival Statute (755 ILCS 5/27-6). The two statutes function differently with regard to what damages can be recovered and the mechanism for seeking recovery.

The Illinois Wrongful Death Act creates a cause of action for the deceased person’s next of kin. The next of kin can sue the at-fault party seeking to recover damages they suffered and need in order to move forward with their lives. A jury will award damages that they deem are fair and just based on the injury suffered. Typically, damages for grief, sorrow, mental suffering, loss of companionship and society are sought by the next of kin. Additionally, the next of kin can request damages in an amount equal to the deceased person’s contribution to the income of the household.

Conversely, the Illinois Survival Statute does not create a new cause of action but rather preserves for the representative of the decedent causes of action that existed prior to the death of the decedent. Thus, in order to recover under the Illinois Survival Statute, an estate needs to be opened on behalf of the decedent. The Illinois Survival Statute is typically used on behalf of a person who died before they could sue for their injury. Examples of causes of action that survive under the statute include legal and medical malpractice claims, wrongful death actions, and claims for injury to personal property including actions for loss of consortium. The decedent’s estate can recover the same compensatory damages that the decedent was entitled to recover. A jury may provide damages to the estate for pain and suffering, loss of earnings, medical expenses, physical disability, and property damage.

Is Instacart Liable if its Grocery Delivery Driver Causes an Accident?

April 14, 2020 | John Risvold

grocery-cart-with-item-1005638-225x300 Millions of Americans are ordering their groceries online and then picking them up at the store. Major grocers like Walmart are encouraging the trend, making curbside pickup the norm.

While curbside pickup grows, so does grocery delivery. Companies like Instacart and Shipt, as well as traditional grocery stores like Walmart and Aldi, are offering grocery delivery straight to your home.

Many of the drivers who are delivering for Instacart and other delivery services may not have insurance in the event that they cause a crash. This means that even though an Instacart driver is on the job, that driver may not be able to compensate you for your injuries and medical bills.

The White Hot Spotlight of Environmental Racism: COVID-19’s Devastation of Communities of Color Exposes America’s Unforgivable Racial Divide

April 13, 2020 | Shawn Collins

african-American-cdc-aeh1dbI_a7I-unsplash-1024x683 Among the many ugly truths of COVID-19’s heartbreak and ruin, these are the ugliest:

In Milwaukee, African Americans are 70% of COVID-19’s deaths, but only 26% of the population.
In Louisiana, those numbers are 70% and 32%.

Chicago Records Fewer Crashes, but More Serious Injuries During COVID-19 Pandemic

April 13, 2020 | John Risvold

ped-300x207 While there are fewer cars on the road and fewer car crashes, new data shows that the crashes that are happening are causing more severe injuries than before the pandemic.

According to WGN News, during the first week of March, there were 2,063 reported crashes in Chicago. That number began dropping after March 13, when the federal government declared a national emergency and continued to drop after Illinois’ Stay At Home Order took effect on March 21st. Last week, the number of crashes in Chicago was down to 803. Despite the drop in crashes, there has been an increase in crash severity.

Data from The Northwestern University Transportation Center shows a small increase in severe car crashes over the last month.

Get the Ethylene Oxide Plants the Hell out of America’s Neighborhoods

April 7, 2020 | Shawn Collins

high-angle-shot-of-suburban-neighborhood-1546168-1024x576 Last week, the EPA’s Inspector General issued a report slamming his own agency for failing to alert Americans living near plants using a chemical known as ethylene oxide (EtO) that their health is in danger because EtO is such a potent cancer-causer. The report concludes that: “The EPA needs to inform residents who live near facilities with significant [EtO] emissions about their elevated estimated cancer risks so they can manage their health risks.”

A bit of background: In 2016, the EPA finally joined other health agencies in classifying EtO as “known” to cause cancer in humans–specifically breast cancer, lymphomas, and leukemias. In fact, the EPA found that EtO is 30 times more dangerous to human health than the agency had previously recognized. Case in point: for the community of Willowbrook, IL, a Chicago suburb, EtO concentrations measured in 2018 testing resulted in a cancer risk 6,400 times the 1 in 1 million risk that the EPA considers “acceptable”. I and other lawyers represent dozens of Willowbrook area residents who have filed lawsuits claiming that exposure to EtO emitted for decades by a local plant known as “Sterigenics” caused their, or a deceased loved one’s, cancer.

With this 2016 finding, the EPA had committed to warning the residents living near the nation’s 25 plants using ethylene oxide. These residents are in danger because, after the EtO is used in those plants to kill bacteria during the process of sterilizing medical equipment, the potentially lethal chemical is then released from the plant through vents or stacks (and sometimes doors and windows), where air currents often push it into the nearby homes, school, churches, parks, and businesses of adjacent residential communities.

IT’S A GREAT TIME TO BE A POLLUTER IN AMERICA: Trump’s EPA Refuses to Enforce Environmental Laws, Capping Steep 10-Year Drop in EPA Punishment of Polluters

April 5, 2020 | Shawn Collins

Pollution-global-warming-2370285_1920-1024x682 Late last month, Americans were panicked by COVID-19 claiming the lives of hundreds of people per day (it’s now more than 1,000 per day), and consumed by the fear of sickness, job loss, financial distress and the anxiety caused by our entire way of life being cast into uncertainty. President Trump seized on that very moment of intense national distraction to have his EPA decide to stop enforcing environmental laws altogether. This means that polluters will no longer face penalties for failing to monitor or report their pollution, or for spewing and dumping toxic chemicals into our air and water.

In the nearly 50 year history of the EPA, this is the first time that the agency has ever just flatly refused to do its job.

Trump’s EPA offered only phony reasons for this license to endanger American lives: