Illinois Personal Injury Lawyer Blog

WHAT THE PEOPLE OF NONANTUM NEED TO KNOW ABOUT TCE VAPOR CONTAMINATION

October 31, 2016 | Shawn Collins

For the last 17 years, I and a team of lawyers have been representing families threatened by TCE contamination in their water supply, in the groundwater underneath their homes, and in the air inside their homes (called “vapor intrusion”). Recent reports in the media, unfortunately, describe how TCE, disposed of years ago in Nonantum, Massachusetts has seeped into the groundwater about 60 feet below the surface, and, after turning into a gas (‘vapor”), has risen back up through the soil and intruded into the breathing space of area homes.

Having known many hundreds of families over the years who were horrified to receive such news about TCE contamination in their homes and communities, my heart goes out to the families of Nonantum. I know many of them are scared- “What can this chemical do to me and my family?” they will ask. They have important questions that deserve answers such as: “How long has this contamination been in my neighborhood, and in my home, and who is responsible?” And they might well be angry- “Why didn’t someone in government protect us from this, or at least warn us that this could happen?”

With exactly these anxieties in mind, I want to provide some information to the people of Nonantum who are dealing with this, so they might understand what is going on, and how better to protect themselves. Here are some important things I have learned over the years:

Nursing Homes No Longer Allowed To Force Residents Into Arbitration Agreements

October 11, 2016 | The Collins Law Firm, P.C.

A shift in power and control has returned to those who most need it – nursing home residents and their families. In a recent ruling, the Centers for Medicare and Medicaid Services (CMS) prohibited mandatory pre-dispute arbitration agreements between federally funded nursing homes and their residents. Prior to the new ruling, many nursing homes required residents to sign an arbitration agreement which forced residents to solve any dispute that may arise between them and the nursing home outside of court. These agreements heavily favored the nursing homes and took away a resident’s power to use the court system for injuries caused by a nursing home’s wrongful conduct.

The ruling is a strong attempt to return that power back to the plaintiffs in disputes concerning nursing homes. This is especially important in cases involving negligence, elder abuse, sexual harassment, and even wrongful death. Arbitration keeps these cases out of the view of the public and often leads to much smaller rewards or settlements for those harmed by the home.

The CMS, a federal agency within the Department for Health and Human Services, controls more than $1 trillion in Medicare and Medicaid funding. They passed the rule after 16 different states and the District of Columbia lobbied the government to completely cut funding to nursing homes that had arbitration clauses in their residency agreements. They argued that “arbitration kept patterns of wrongdoing hidden from prospective residents and their families”.

TEST ILLINOIS SCHOOLS FOR LEAD IN THE DRINKING WATER: PROTECT THE KIDS…..AND STOP BICKERING ABOUT WHO PAYS FOR IT!

September 24, 2016 | Shawn Collins

Illinois legislators have an opportunity this fall to do something important and help to regain some of the public’s trust in government. They can pass a bill to test for lead in the drinking water at Illinois’ schools. (Yes, believe it or not, no such testing is currently required….as if we needed a reason to think even less of the state’s leadership.)

Last May, the Illinois Senate passed Senate Bill 550, sponsored by State Senator Heather Steans, (D – Chicago 7th), which, among other things, requires elementary schools in the state to test for high levels of lead in drinking fountains and sinks. Environmental groups, such as the Illinois Environmental Council are pushing for the House to pass the bill in their November Veto Session. 1

Some organizations are pushing back. The Illinois Association of School Administrators is asking who will pay for this, and the Illinois Municipal League, an advocacy group for local governments, opposes the bill because they don’t want municipalities to pay. 1

“Willful” Exposure of Workers to Lead and Other Toxins Demands the Personal Accountability of Company Executives

August 8, 2016 | Shawn Collins

This is about how to send the right message to a company that is alleged to have willfully endangered the health of workers.

The company is Fraser Shipyard of Superior, Wisconsin. The federal Occupational Safety and Health Administration (OSHA) has accused Fraser of exposing 190 welders and ship fabricators to toxic levels of some nasty chemicals, including lead, asbestos, arsenic, and hexavalent chromium. 75% of the workers tested had elevated levels of lead in their systems, including 14 who had lead levels up to 20 times the maximum allowable exposure. 1

It’s OSHA’s job to take this seriously. Because, as we have known for a long time, lead is a toxic chemical, and the health consequences of exposure to lead are quite serious.

JUST THE LATEST REASON FOR AMERICANS TO BE ANGRY AT THE POLITICAL ESTABLISHMENT: Members of Congress Immediately Protect Themselves Against Possible Lead Exposure, While “Regular” Americans are Routinely Denied Environmental Protection

July 9, 2016 | Shawn Collins

Day after day these days, we see expressions of clueless bewilderment from government officials: “Why are the people so mad at us?” “Why do they hate us?” “Why are they so anxious to throw us out of office?”

There are, of course, a thousand reasons, but none more revealing of what’s broken about our government than this: While every branch of our government-Executive, Congressional, Judicial-has been working overtime to deny basic environmental protections to American citizens, when these same officials are threatened by contamination in their environment, protection for them arrives swiftly and surely.

Cases in point:

Portland Parks Director Needs to ‘Get’ that Lead Contaminated Drinking Water is Dangerous…or Quit His Job

July 7, 2016 | Shawn Collins

PORTLAND PARKS DIRECTOR NEEDS TO ‘GET’ THAT LEAD-CONTAMINATED DRINKING WATER IS DANGEROUS…..OR QUIT HIS JOB

A recent review of the Portland Parks and Recreation’s (PPR) handling of high levels of lead contamination in the drinking fountains at the Multnomah Arts Center concluded that the agency failed for years in its duty to protect citizens, especially kids, from the contamination. In a nutshell, the review found that PPR was aware since at least 2013 that lead levels in the water at several of the drinking fountains were unacceptably high, according to EPA standards, but ignored those results. The review also found other evidence of PPR’s shocking disregard of the health threats posed by the lead-contaminated water, including:

· PPR staff’s ignoring of a directive to replace lead plumbing;

How Important is a Warning?

July 5, 2016 | The Collins Law Firm, P.C.

The national spotlight has recently shifted its attention to Disney World and the awful tragedy that transpired at one of its resorts when an alligator attacked and killed a small child. While there are many questions and much more to be learned, the most immediate question is how could this happen? While it is too early to assign legal blame, it is natural to look at the facts and ask if Disney provided proper warnings prior to this tragedy.

This question can be superimposed onto any company, park, or public entertainment entity. When there is a possibility of an injury, what must the company do in order to adequately warn, or give notice, to the citizens using the facility or outdoor area? Using Disney as an example, it created an inviting, beach environment with lounge chairs and the safe, cheerful atmosphere one would expect from a Disney resort. According to news reports, “no swimming” signs were posted around the lagoon, but, allegedly, nothing in the area warning of wildlife, alligators, or any other imminent dangers. The ultimate question of liability will be whether Disney knew of this potential danger of alligator attacks and gave proper notice to its invitees.

Similarly, Illinois law states that a company must take the appropriate steps to keep its guests safe. This includes giving notice of any dangers or potentially dangerous conditions. Illinois courts have found that signs are a necessity in alerting citizens to the rules and regulations of a public place. Bowman v. The Chicago Park District, 2014 IL App (1st) 132122. In Bowman, a 13-year-old girl was injured at a Chicago park when she hurt herself on a broken slide. The park district argued that they were not liable because the park had been designated, by city ordinance, as a park for children 12 and younger. Because the 13-year-old plaintiff was not an intended user of the park, the trial court found the defendant to be free of liability and dismissed the case. The court of appeals reversed the judgment and stated that there must be proper notice to the attendees in order to release the park district from liability. In reversing, the court stated, “Playgrounds are designed for children. What would prompt a 13-year-old child to observe a slide and think, ‘am I really the intended user of this slide?'”.

Medical Errors Reported To Be The Third Leading Cause Of Death In U.S.

June 17, 2016 | Ed Manzke

The third leading cause of death in the United States may come from those you trust the most. A new study published in The BMJ (formerly the British Medical Journal) found that medical errors may cause over 250,000 deaths a year in the United States alone. Topped only by heart disease and cancer, these errors by medical professionals include diagnostic errors, surgical errors, infection, medication errors, communication breakdowns, failure to perform the necessary tests, and even healthcare worker fatigue. The findings were created from studies done at Johns Hopkins Medicine starting in 1999.

The study calls for wide-ranging changes in the medical field, not only to correct these possibly deadly errors but also in how the errors are reported. “Medical error” is not a reported cause of death on death certificates. Similarly, there is not a “medical error” category in the annual reports on deaths and mortality from the Center for Disease Control and Prevention (CDC). The CDC only focuses on the “underlying cause of death” in their statistics, so even if a medical error is present in a case, the focus for the CDC remains on the reasons that led a person to seek medical treatment. Also, billing codes, the codes used when categorizing inpatient and outpatient treatment, are focused on maximizing billing and not recognizing medical errors. The death certificate and cause of death listed must line up with the aforementioned billing code.

Over the last ten years, Illinois public hospitals have paid out more than $180 million for patient deaths resulting from medical errors. Cook County paid out $93.2 million in settlements for 79 wrongful death cases at four different Chicago hospitals in the same span. The Johns Hopkins study is an attempt to shed light on these errors. “The inability to capture the full impact of medical errors result in a lack of public attention and a failure to invest in research”. The first step in making medical facilities safer is by creating a proper way to report these deaths caused by medical errors. Johns Hopkins Medicine, as well as other medical groups, are calling for reform starting with creating a “medical error” box on death certificates. By first creating a proper and efficient way to collect data on patient death and medical errors, medical professionals can then create the proper safety nets and protocols to address the problem.

New Algorithms Promise the Ability to Predict Police Misconduct

March 18, 2016 | Ed Manzke

Co-authored by Cassidy Carroll of The Collins Law Firm, P.C.

Can computer algorithms use officers’ behavior to predict police misconduct?

It may sound like something out of a science-fiction movie, but researchers, part of the White House’s Police Data Initiative, are working at the University of Chicago to try to build a better early warning system that predicts when officers will commit police misconduct against civilians. Using over a decade of data from the Charlotte Mecklenburg Police Department, researchers say their algorithm-based early warning system can predict misconduct between police officers and civilians and suggest preventive measures by looking for police misconduct warning signs in the data. The algorithm-based early warning system’s sensitivity and accuracy holds great promise for serving as a method for preventing police misconduct. However, algorithm-based early warning systems to predict police misconduct have been tested before and often met with opposition.

Audi Ordered to Pay $124.5 Million for Seat-Back Failure

March 10, 2016 | Ed Manzke

Co-authored by Cassidy Carroll of The Collins Law Firm, P.C.

Recently, a Texas jury ordered Audi to pay $124.5 million to an 11-year-old boy who was left brain-damaged, partially paralyzed and blinded in his right eye in a 2012 rear-end collision. The verdict is in response to Audi equipping their 2005 Audi A4 with a seat back that was too weak to withstand a rear-end crash.

At the trial, the parents of the boy argued that, despite wearing seatbelts, the inadequate seat back caused the front seat collapse resulting in the driver, the boy’s father, sliding backward and hitting his head on his son’s head in the back seat. The accident occurred when their car was rear-ended after they stopped for a school bus.