It was well-known that Boogaard was not intended to score goals or create plays. Instead, he was there to protect his teammates with his massive build. A lawyer that helped file the lawsuit for Boogaard's family said that the NHL drafted him for this reason alone, giving him pain pills once he became hurt. His stats reflect the fact that he was not brought on to score. During the 277 regular season games he played in, he scored just three goals but was involved in 66 fights. According to the lawsuit, he received more than 1,000 prescriptions during the 2008-2009 season.
]]> Those prescriptions came from dentists, trainers, physicians and others. But each of them contributed to the formation of his addiction to prescription pain pills. According to the suit, the NHL said that it would help Boogaard but it failed to do so. He died from an accidental overdose of pain pills and alcohol in May 2011. Like the many suits against the National Football League, this lawsuit alleges that a sports association knew it was exposing its players to situations that risked irreparable brain damage. Anyone exposed to such a situation and afflicted by it, especially due to the fault of an employer, should contact an attorney to seek reparation for any physical, mental or emotional damage caused by the incident.Source: Vancouver Sun, "Boogaard family says NHL is to blame for brain damage" Jon Krawczynski, May. 13, 2013
]]>According to records, the elderly woman was admitted to the nursing home on May 4, 2011. Less than two weeks later, she died. She had entered the facility in order to rehabilitate her two broken ankles. The lawyer for her daughter said she had a catheter at the time and no urinary tract infection. But reports indicate that that she developed complications from a urinary tract infection and had increased doses of pain medication. She developed the urinary tract infection sometime between May 4 and May 8. During that same time, it seems the amount of Percocet she was given was increased.
]]> Her urine had turned dark at this point and she had stopped eating. On May 8, she was found unresponsive and was rushed to the hospital. Records show she passed away six days later. The neglect suit accuses the nursing home of contributing to the complications that caused her death and the plaintiff's lawyer said that the facility also altered her medical records after she died.The accused facility has been cited nearly five dozen times since April 2010, accumulating fines of more than $16,500 in the process. The most recent inspection occurred in October and found 17 deficiencies.
If you or a loved one are in Chicago and have been neglected by a nursing home, contact an attorney to pursue a suit similar to the one discussed here. Such suits are capable of recouping funds that can help account for the costs of medical care and residency at a nursing home.
Source: chieftain.com, "Neglect suit against nursing home nets $3.7M" Nick Bonham, May. 08, 2013
]]>Researchers used the National Practitioner Data Bank to determine their findings. The NPDB was helpful because it keeps track of any actions taken by state licensing authorities against medical professionals. This means any physicians who had their licenses suspended or revoked would be present in these records. After analyzing the NPDB, experts working on the study reported that 28.6 percent of malpractice awards were related to improper diagnoses.
]]> Diagnostic errors resulted in more than 100,000 payments between 1986 and 2010. In addition, this type of medical mistake made up nearly 40 percent of the deaths and 34 percent of the disabilities that led to malpractice awards. The head author made a statement that underscored the relevance of this study and its results, indicating that diagnostic errors are a major health issue. He also said it is impossible to properly remedy a condition if a physician does not know what the condition actually is.Other contributors to medical malpractice payments included treatment and surgical errors as the second and third most common issues, respectively. According to the study, the remaining 20 percent was made up of mistakes related to anesthesia, monitoring, medication and obstetrics. Patients must remember that physicians are people too. They make mistakes, so be prepared. Verify upcoming procedures, keep your own record of events, and contact an attorney if you are considering a claim.
Source: New York Times, "Why Doctors Are Sued" Nicholas Bakalar, Apr. 29, 2013
]]>To view an online version of the publication and to find out more about Cavanagh Law Group, please click here.
]]>On June 3, 2008, Richard Girden and his daughter were passengers in a car traveling to a restaurant in Plainfield, Illinois to celebrate his granddaughter's second birthday. While waiting at a stoplight the intersection of IL-59 and West 119th Street, a vehicle operated by the Defendant, Kathryne Niswonger, collided with the car immediately behind the Girden vehicle. That car was then pushed into the rear of the Girden's vehicle. There was little-to-no visible damage on the Girden's vehicle, and Mr. Girden denied injury at the scene. Approximately two hours after the collision, Mr. Girden felt a pulling sensation in his right hip, while picking up his granddaughter. His pain worsened through the following week until he saw his primary care provider. Mr. Girden received medications and injections for his pain, and he was eventually diagnosed with a right hip labral tear. He underwent a right hip arthroscopy for the labral tear and subsequently developed a blood clot, which required six months of anticoagulant treatment. Mr. Girden eventually required a repeat hip arthroscopy to address a recurrence of pain.
The defense denied that the motor vehicle collision caused Mr. Girden's labral tear. The defense called an orthopedic surgeon to opine that Mr. Girden's labral tear occurred when he picked up his granddaughter, rather than in the collision. The defense also produced an accident reconstructionist and a biomechanical engineer to opine that the collision resulted in insufficient force to create a hip injury. After a week-long trial, the jury returned a verdict in favor of the Plaintiffs. Judge Susan O'Leary presided over the trial in the Circuit Court of Will County. The defense made no offers to settle. The case is entitled Richard and Kimberly Girden v. Kathryne Niswonger, Court No. 09 L 444.
]]>If allegations against the company are true, then Takeda may have known that the drug contributed to bladder cancer as early as 2004. Despite this knowledge, the company did not alert the U.S. Food and Drug Administration to this risk until 2011. Plaintiffs believe that the company hid this information so that it could continue generating billions of dollars in sales per year. Data published by Bloomberg determined that Takeda made $4.5 billion from sales of Actos in the fiscal year ending March 2011, making up more than a quarter of the company's revenue.
]]> At least one trial has already begun. Reports indicate that it lasted two months and that the jury is ready to deliberate on the case. According to an attorney for the plaintiff, the company performed internal tests on the drug that revealed the increased chances for bladder cancer. Despite this and requests from the FDA to update the drug's labeling in regards to health risks, Takeda reportedly did nothing.In 2011, the FDA announced that it would update drug labels for those products containing pioglitazone to indicate that patients with bladder cancer should not use the drug and that using the drug for more than a year can increase a patient's risk for bladder cancer.
Anyone in Chicago who used Actos and later developed symptoms of bladder cancer -- such as blood in the urine -- should contact an attorney to see what can be done. Thousands of people have already filed claims against Takeda and the first federal trial is scheduled for January 2014. Many of these federal suits have been consolidated into a multidistrict litigation, so acting sooner rather than later would be to one's benefit if they fit into this category.
Source: Legal Examiner, "Takeda's Actos Diabetes Drug Increased Risk of Cancer," Shezad Malik, April 16, 2013
]]>According to reports, one in four hospitals now has a robotic surgeon system in place. The only one approved by the FDA is the Da Vinci system and it costs about $1.45 million with additional fees each year. This high cost forces hospitals to advertise the fact that they possess this instrument so they can recoup their losses. This has led to a rapid adoption of the robotic system, even though many physicians are not properly trained in operating it.
]]> Like their human counterparts, robotic surgeons have the ability to make mistakes. For instance, a woman died during a hysterectomy last year when the robot cut into a blood vessel. Another person that passed away after robotic surgery was a man from Chicago who received spleen surgery in 2007. A man's colon was reportedly perforated during prostate surgery and in another situation, a patient was hit in the face by the robotic arm during a hysterectomy.The family of the man who lost his life after his spleen surgery filed a malpractice suit due to the unforeseen consequences of the surgery. A jury awarded them $7.5 million for their case which, like other robotic malpractice cases, cited inadequate surgeon training as a reason for the unnecessary error. Such suits are often supported by a legal professional that makes sure the claim is valid and substantial, giving plaintiffs a better chance at succeeding with their cases.
Source: NBC News, "Robot hot among surgeons but FDA taking a new look," Lindsey Tanner, April 9, 2013
]]>In 2003, Mrs. Kuk and 45 other passengers were injured when a Metra train derailed on Chicago's south side. As a result of the derailment, Mrs. Kuk suffered serious back injuries requiring several surgeries.
In August, 2012, Cavanagh Law Group obtained a $1.8 million settlement for Mrs. Kuk and her family.
To read the complete article on the Chicago Tribune's website, please click the link below.
http://www.chicagotribune.com/news/local/ct-met-metra-collision-prevention-20130409,0,3710438.story
]]>Mr. Nichols discussed ways that litigators can incorporate the iPad into their litigation practices, including, note-taking, organization, document and deposition review, and use of the iPad at trial. Information on the presentation can be found on the Chicago Bar Association's website at www.chicagobar.org.
]]>The football player has now passed away. He became a quadriplegic in 2000 during a football game in which he was a running back for Eisenhower High School in Blue Island, Illinois. According to experts, most quadriplegics die within the first decade after they have become paralyzed. This is usually due to kidney or lung failure. Despite these odds, the young man lived on until 2011.
]]> This was a year after he was informed that his insurance coverage plan would no longer provide for his care. The $5 million plan provided by his school district was billed as catastrophic injury insurance. That $5 million coverage was not enough. State legislators are now trying to increase the amount of coverage for student athletes that become irreparably injured. Senator Napoleon Harris is taking the charge.A former player for the NFL, Senator Harris says that he understands the dangers of the sport. He wants school districts to be held accountable for $7.5 million in insurance coverage or 15 years' worth. This is a major increase, and while some legislators are excited about the bill, others are worried that it will put more financial strain on schools.
Regardless of how this legislative action turns out, individuals who have been injured during a sport or any other incident may be able to file a claim if there is a responsible party. Asking a legal professional will give you the insight you need to determine if you can file a lawsuit to help pay for the many expenses that brain injuries and other catastrophic conditions can create.
Source: Chicago Tribune, "Bill would extend insurance for injured high school athletes, like Rocky Clark," Rafael Guerrero, March 24, 2013
]]>Pradaxa is a blood thinner that is often used on patients that need to address atrial fibrillation. But some groups are worried that consumption of the drug increases the chance for internal bleeding, something that can go unnoticed before it is too late to repair. Currently, there is a case of multidistrict litigation against Pradaxa and it is centered in a federal court in southern Illinois. More than 260 patients have filed their own suits against the drug, alleging internal bleeding.
]]> Some groups do not believe that Pradaxa can cause this sort of damage. For instance, the FDA stated that the risk for internal bleeding -- and other side effects -- was no higher with Pradaxa than another drug used as an anticoagulant, warfarin. But a recent study from the University of Illinois at Chicago suggests that the information the FDA has used may be flawed in some manner, making their statements about the drug potentially misinformed.The Institute for Safe Medication Practices (ISMP) lists blood thinners as some of the most dangerous drugs. Remember, Pradaxa is a blood thinner and according to the ISMP, patients that bleed while on the drug are nearly five times more likely to die than those who use warfarin. This is an alarming increase in risk and the data used in this report will likely be important to the case against Pradaxa. Anyone who has experienced internal bleeding while using the drug should consider hiring an attorney and filing a suit to be included in the consolidated federal case.
Source: SFGate, "DrugRisk Update: New Pradaxa Study Questions FDA Safety Conclusion," March 27, 2013
]]>Recently, a resident with a cognitive impairment and dementia was found choking on food. This resident had recently been placed on a special diet that excluded solid foods. It was unclear why this diet was ordered. Sometime after, the resident walked into a nursing station where food from the lunch service was lying on a tray. This food had been from the noon lunch service, which occurred more than five hours before the incident.
]]> The resident ingested the food and was found choking. Workers attempted CPR and the Heimlich maneuver, but both failed. The person was transferred to a hospital where doctors discovered a large amount of food stuck in the airway. They diagnosed the individual with an anoxic brain injury and left the person on life support for a week before shutting support down and allowing the person to pass away.The nursing home was fined more than $1,200 in the incident. It is possible that loved ones will see the potential for a lawsuit in this situation and claim neglect on the part of the nursing home and its workers. If this is attempted, it would be wise to find an attorney that specializes in such cases. This could give them the advantage they need to acquire damages that cover medical and care expenses as well as bereavement.
Source: CT Now, "Another Cognitively Impaired Patient Dies After Choking In Nursing Home," Josh Kovner, March 15, 2013
]]>One of the more interesting studies recently published involved a researcher who was able to witness a brain injury occur in a lab. The scientist watched as the brain injury unfolded in a lab mouse. This observation allowed researchers to determine that brain tissue can be destroyed even in the case of a mild brain injury. Another study found that concussions may not need to be present in order for a body to respond to brain damage.
]]> In that study, more than 65 football players were examined. Researchers found that the more hits they took to the head, the more a certain protein was present in their bloodstreams. This protein is a telltale sign of brain injury. Researchers were careful to note that none of the participants received a concussion during the study. While on the topic of sports, it is important to note that an international group of experts have concluded that concussions cannot be warded off by helmets and mouth guards.Besides sports, people can receive brain injuries through car accidents, falls and any sort of unexpected shift in momentum. Whiplash injuries can cause trauma to the brain as can sudden and forceful impacts. Victims of TBI are often unaware of the long-term consequences that brain damage can create. If you or a loved one have been diagnosed with a brain injury, it may be smart to seek legal counsel to help determine whether you have a case against any parties that may be at fault.
Source: Wall Street Journal, "More Sobering Findings on Head Trauma," Daniel Akst, March 13, 2013
]]>According to reports, the drug has been approved for use by the Food and Drug Administration since 1993. Despite this approval, consumers are reporting defects that have been extremely detrimental. The first suit indicated that a woman consuming the drug while she was pregnant gave birth to a child in February 2010. The young girl was born with serious heart defects, including a malformed mitral valve and aorta. Soon after being born, the newborn lost her life.
]]> The second suit that was filed involved a couple from Illinois. They submitted their claim in September 2012 and said that Effexor consumption during pregnancy led to birth defects in their daughter. The antidepressant was reportedly taken by the mother during her pregnancy in 2003 and 2004. Her daughter was diagnosed with hypoplastic left heart syndrome after being born. According to the suit, the company should have known of serious side effects such as these. Wyeth then should have notified physicians and patients that were aware of the drug.A month after the Illinois couple filed their suit, another birth defect claim appeared. Parents said that Effexor was consumed during a pregnancy that led to the birth of their daughter in October 2009. She was diagnosed with a heart defect that has caused her to undergo many surgeries in the past and likely will cause more surgeries to occur in the future. They are seeking an undisclosed sum of money in the suit to recoup the costs they have already incurred and those that may come.
Source: Lawyers and Settlements, "Effexor Lawsuit Creates More Effexor Claims," Jane Mundy, March 7, 2013
]]>The investigation at the facility in question discovered that one of the major problems involved medications. Important medications were often delayed or unavailable. According to reports, many times the medication was simply never ordered despite what physicians said was necessary for the patients that were residing at the nursing home. Inspectors reported that many physicians were not informed about this, placing the residents there at further risk.
]]> In other cases, orders from physicians were transcribed incorrectly, resulting in dangerous miscommunication. Several specific examples of medication errors were reported in the investigation, many of which could have been harmful to the recipient of the medication. For instance, one individual was supposed to receive a one-time dose of a medication but was instead given it daily for more than three weeks. Another individual was supposed to receive an antibiotic every day for a week but instead received the drug once every week.Yet another example involved an individual that was prescribed three units of insulin. Instead, workers administered a dosage that was more than nine times more: 28 units. Such dangerous medication errors could have resulted in extreme issues for the residents. This in conjunction with many other reports has resulted in the decertification of the facility. Regulators are making sure that all 118 patients there are transferred.
Source: Tennessean, "Madison nursing home gave patients wrong doses time and again," Walter F. Roche, Jr., Feb. 26, 2013
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