Illinois Lawyer Blog

The HITECH Act finally levels the playing field for lawyers trying to get medical records.

As a trial lawyer, I’ve been representing injured people for decades.  One of my pet peeves is how cavalier Illinois medical providers are when it comes to responding to requests for records.  Pursuant to 735 ILCS 5/8-2001, medical providers have 30 days to respond to requests for records.  But in my experience providers, rarely, if ever, respond with… Read More
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Categories: MY CASES

News that will shock no one: nursing homes are chronically understaffed.

The Illinois Trial Lawyers newsletter today included a stoary that won’t shock most lawyers handling nursing home cases – most nursing homes aren’t adequately staffed.  While Medicare doesn’t set a minimum staff to patient ratio, it does require that a registered nurse be on the premises at least eight hours a day and a licensed nurse… Read More
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Categories: IN THE NEWS

Mediators, much like facts, matter. As do cookies.

  I recently resolved a wrongful/retaliatory discharge case through mediation.  I wasn’t particularly enthralled with the idea of a mediation as only limited discovery had been completed.  But my opponent said his client was genuinely interested in resolving the case early.  We agreed to use Retired Judge Hollis Webster of Hollis Webster Mediati… Read More
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Johnson & Johnson hammered again with $4.7 billion dollar verdict in baby powder case

  Yesterday, a St. Louis jury just absolutely crushed Johnson & Johnson again in another baby powder lawsuit.  Twenty two women[and their families] filed suit claiming that the baby powder they had used for years was the source of their ovarian cancer.  The jury agreed and awarded the group $550 million dollars in compensatory damages AND $4.14 bil… Read More
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Chipotle wrongfully accuses worker of theft and fires her. Then Chipotle pays dearly.

  I saw this online story by Rachel Seigel of the Washington Post a couple weeks ago.   Jeanette Ortiz worked at a California Chipotle for 14 years.  She had moved up to a General Manager position and was making around $72,000 a year.  Chipotle’s practice going back several years, was to have armored cars swing by and swap out large bills for s… Read More
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Pork producer sprays hog waste in air - and neighbors secure a $50 million dollar punitive damages verdict. And same defendant looking at DOZENS of similar cases

    Wow.  A North Carolina jury absolutely walloped the worlds largest pork producer last week over its disposal practices. Ten neighbors filed suit against Kinlaw Farms, a large pork production facility located in North Carolina.  Kinlaw is owned by Murphy-Brown LLC  [a subsidiary of Chinese-owned Smithfield Foods].   The focus of the plaintif… Read More
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FDA taking a fresh look at Parkinson's medication after hundreds of deaths linked to use of drug.

    In 2016, the scientific community was optimistic about a new drug – Nuplazid – that appeared to promise some relief to patients who had to endure the misery of Parkinson’s psychosis – a symptom of Parkinson’s disease that caused patients to experience hallucinations and delusions.  The drug, made by Arcadia Pharmac… Read More
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Another jury says Johnson & Johnson talcum powder causes cancer - and awards millions in damages.

Johnson & Johnson got crushed – again – in a talcum powder lawsuit.  Stephan Lanzo used Johnson & Johnson products like Shower to Shower and Baby Powder for over 30 years.  Those products likely contained talc – one of the softest minerals on earth.  That talc is found in rock deposits – and those rock deposits are often fou… Read More
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People are suing when family pets are injured. And the awards are increasing. Here's some insight into damages available in Illinois.

Arin Greenwood has an article in this month’s ABA Journal that is worth a read.  The article discusses how juries are awarding substantial damages when pets are killed due to police misconduct.  According to U.S. Department of Justice figures, 10,000 dogs are killed every year by police.  And when the killing isn’t justified, lawsuits are bei… Read More
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Jim Karas - trainer to the stars - sues former employees to stop them from poaching clients.

    According to this article by Evonne Liu in Crains, Jim Karas – celebrity personal trainer [pictured above]- is going after three fitness trainers who used to work for him at Jim Karas Intelligent Fitness.  Karas has filed suit to stop the three trainers from poaching his clients.  Karas, who has trained Hugh “Wolverine” Jack… Read More
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