Ankin Law Office, LLC

Nearly 30 states currently limit the amount of damages that can be received in a medical malpractice lawsuit, according to the American Medical Association. States with damage caps vary wildly in their limitations and the types of damages that are limited. For instance, California limits non-compensatory damages at $250,000, while Nebraska limits total damages at $1.75 million.

A nationwide listeria outbreak in contaminated cantaloupe has gripped the country. Claiming 29 lives, the cantaloupe listeria outbreak is among the deadliest food poisoning outbreaks since 1924. Thousands of pounds of Jensen Farms and Carol’s Cuts cantaloupes have been recalled due to concerns about listeria contamination.

Veterans and military personnel face a number of issues when returning to civilian life.

Congress is currently considering draft legislation that would prohibit the National Labor Relations Board (NRLB) from ordering any employer to close, relocate, or transfer employment under any circumstance. The legislation would effectively prevent the NLRB from restricting where an employer can create jobs in the United States. The bill passed the House of Representatives on September 15, 2011 by a vote of 138-186. The legislation is currently pending before the Senate.

A $5 million wrongful death lawsuit has been filed against the federal government by the widow of a man mauled by a grizzly bear in Yellowstone National Park in June.

Reebok International has agreed to pay a $25 million fine to settle charges of false advertising stemming from claims that its toning shoes provide extra muscle strength to wearers, according to the Federal Trade Commission (FTC). The settlement funds will be used to provide consumer refunds, which will be made available either directly from the FTC or through a court-approved class action lawsuit.

Pfizer has agreed to pay $14.5 million to settle a lawsuit alleging that it violated the False Claims Act by improperly marketing its prescription drugs Detrol and Detrol LA.

Spin Master, a Canadian toy manufacturer, has agreed to pay $1.3 million to settle claims with the U.S. Consumer Product Safety Commission (CPSC) regarding the import and sale of Aqua Dots, which is a banned hazardous substance. Aqua Dots are popular colored arts and crafts beads that stick together when sprayed with water to form various designs and shapes.

Did the NCAA fail to protect student-athletes from concussions and their repercussions?

The United States Court of Appeals for the Seventh Circuit recently considered whether a plaintiff in a products liability case had met his burden on a summary judgment motion in Bielskis v. Louisville Ladder Inc., 2011 WL 5829771.

Interview with Howard Ankin – Ankin Law Office

A few laws that went into effect this past year. The Illinois legislature changed the crosswalk law so that drivers must stop and stay stopped� when pedestrians are crossing the street. You can't just yield to them, you must STOP! In late June, Gov. Pat Quinn signed into effect a law that requires back seat passengers to wear seat belts. The police can now stop vehicles if they notice a passenger isn’t strapped in.

Most people feel that if they are in an auto accident, simply hire an attorney and go to trial. What they don't understand is the logistics that it takes to go to trial. First, the court assigns the trial date; that date is dependent upon courts schedule, as well as the caseload of the prosecuting attorney. Second, the evidence needs to be entered into trial. Third, the discovery phase of litigation can be time consuming.

Last week, the National Transportation Safety Board issued a press release detailing its plans to move forward with the implementation of a nationwide ban on the nonemergency use of portable electronic devices (PED) while driving a car.

The roads can be dangerous, especially during the holiday season where there are more travelers than normal. Anything that can be done to decrease the number of serious injuries from car accidents on our nation’s highways is a good thing. That’s why we occasionally highlight new safety features in cars–because they really can make a difference.

Most would agree that hybrid cars are better for the environment than traditional gas guzzling vehicles. And, hybrid cars are better for your wallet, too, since these vehicles use less gas. But, did you know that hybrid cars might offer safety benefits as well?

Turn on the TV and it is not hard to hear about the child molestation accusations that were made against Jerry Sandusky in the last two months. If you are like me it is difficult to wrap your mind around the possibility of a coach molesting children, especially someone in a mentoring role.

In 2012, more than 200 new laws will go into effect in Illinois including a database of first-degree murderers, stricter seat-belt enforcement and legislation that gives the public greater access to government information. To see all of the laws http://bit.ly/tMq23a

While industrial jobs are hard to find in this economy, service-based roles have increased, causing more employees to suffer from Carpal Tunnel Syndrome, a painful disorder that is discomforting and sometimes there can be numbness of the hands.

The Chicago Tribune recently reported on a lawsuit arising from a bizarre set of circumstances, but which raised an interesting legal issue. The facts in the case, Zokhrabov v. Jeung-Hee Park. (2011 WL 6823803), are decidedly gory and tragic.

Whether women are more likely to be injured in the event of a motor vehicle accident is up for debate, although the results of a recent study tend to support that conclusion. As reported at the Huffington Post, according to a study published just a few months ago in the American Journal of Public Health, women are more likely to be seriously injured in car accidents.

We’re all familiar with motor vehicle recalls. They happen all the time. Whether you hear about it in the news or receive a letter from the manufacturer, we’ve owned cars that have been recalled at one point or another.

Have you ever rented an apartment for yourself or one of your kids and wondered if all your rights are being protected and respected when moving into a new apartment? The relationship between a landlord and renter is based on trust and respect. Yet many people feel that their landlord took too long to fix something in their unit or that they have been scammed out of their security deposit at the end of the lease.

With the new year came new laws, including a new California car seat law that requires children to use a booster seat until they are age 8 or 4 feet, 9 inches tall.

Litigation pending over BPA in plastic bottles has hit a major roadblock.

In an attempt to protect consumers from the dangers of defective medical devices, the U.S. Senate recently proposed draft legislation that would require manufacturers to conduct ongoing safety studies of medical devices even after the device has obtained the approval of the U.S. Food and Drug Administration (FDA).

Last August we discussed lawsuits brought by over 75 ex-football players against the National Football League. The players sought unspecified amounts of damages for head injuries sustained over the course of their careers. The players alleged that the NFL knew of the harmful effects of multiple concussions as early as the 1920s, but kept that information from players until 2010. Riddell, the helmet maker, was also named in the lawsuit as a defendant.

Car accidents are a fact of life. If we escape with just a few scrapes and dents to a fender and no injuries, most of us consider ourselves lucky. But, even if you and your loved ones emerge from the accident unscathed, what about your child’s car seat? Is it still safe to use after an automobile accident?

Congress is currently considering legislation that would provide monetary grants to states mandating random safety checkpoints for motorcycles. Georgia and New York already have similar programs in place and the grants under consideration would encourage other states to implement similar laws.

Oftentimes, physicians are employed by more than one medical institution. This can make it difficult establish liability for negligent treatment in medical malpractice cases, since it is sometimes difficult to prove which hospitals employed a physician for the purposes of the negligent conduct at issue.

You may find it surprising to learn that car accidents are the leading cause of death for United States teenagers. And, sadly, according to the results of a new study conducted by the Governors Highway Safety Association (GHSA), the number of teen deaths caused by automobile accidents increased in the first half of 2011. This increase was particularly surprising since teen deaths from car accidents had been declining in the years prior to 2011.

An important Illinois workers’ compensation decision was handed down by the Appellate Court of Illinois, Third District, at the end of 2011. At issue in Will County Forest Preserve District v. Illinois Workers’ Compensation Commission, No. 3–11–0077WC, was whether a claimant’s shoulder injury qualified as a scheduled loss to the arm or a person-as-a-whole award.

Sometimes, car accidents occur when a police officer is responding to a call and in many cases, depending on the facts of the case, laws exist which provide immunity–for police officers and their employers–from liability in personal injury lawsuits.

While recent political discussions over fingerprinting as identification for public assistance programs have been in the headlines, there is one fingerprinting program that is universally welcome, that of fingerprinting children.

Congress created the Occupational Safety and Health Act of 1970 to prevent workers from being killed or seriously harmed at work by requiring employers to sustain proper and safe workplaces free of danger for their employees. The Act created the Occupational Safety and Health Administration (known as OSHA) to set and enforce protective workplace safety and health standards.

With spring not far away, thousands of residents’ thoughts turn to moving to another apartment or home. According to the Encyclopedia of Chicago, in the late 19th century, as many as one third of all families in Chicago moved annually. If you are considering a move this year, here are a few things to think about.

Is the City of Chicago liable for every accident that occurs when a pedestrian trips and falls on a public sidewalk? Of course not. But under certain circumstances, the City can be held liable.

Last year the Chicago Transportation Authority (CTA) introduced a shiny, brand new fleet of trains for the “L” track. This was the first time, in a number of decades, that the CTA had upgraded Chicago’s public transportation system and for many Chicagoans, the new cars were a welcome relief from the creaky, old trains they were used to.

One issue that frequently crops up during personal injury trials is the admissibility of photographs of the scene where the accident occurred.

Safety advocacy groups play an important role in forcing the enactment of safety regulations and thus protecting consumers from dangerous products. A particularly vulnerable sector of our society is children. If anyone requires advocacy on their behalf, it’s children–especially when it comes to automobile safety.

Make sure to notify your employer as soon as possible after your accident- Although the Illinois Workers’ Compensation Act allows you forty-five days to notify your employer of your accident, the sooner the better.

Although automobile safety has changed by leaps and bounds over the last few decades, safety standards on school buses haven’t changed much since the 1960s. Unlike cars, seat belts aren’t mandatory and many school buses aren’t even equipped with them.

Head injuries sustained by football players are sometimes played down as simple concussions. However, repeated concussions over time can lead to serious head injuries.

When someone slips and falls in a public place in Illinois such as a mall, in order to prevail in a personal injury lawsuit, the person who fell must establish that the owner of the property was somehow responsible for the fall. Sometimes this can be a difficult proposition, as the plaintiff in Ishoo v. General Growth Properties, Inc., 2012 WL 933383, recently learned.

In late March, the United States Senate approved legislation that would increase the fines levied against U.S. automakers who failed to comply with automobile recall regulations. Currently, automakers are fined a maximum of $17 million but the proposed legislation would greatly increase the maximum fines to $250 million.

If you’re injured as a result of an automobile accident with an emergency services vehicle that is responding to a call, are you be able to receive compensation for your injuries? Well, the answer is–it depends. In Illinois, in many cases, responding emergency vehicles maybe held to be immune from liability, but ultimately, the facts of the case will control whether you will prevail if you file a personal injury lawsuit based on your injuries.

It may surprise you to learn that it wasn’t until 2003 that the National Highway Traffic Safety Administration (NHTSA) began to sometimes use female crash test dummies when simulating crashes to determine the safety of vehicles.

Are brake-override systems necessary?

Currently in Illinois, repeat speed offenders are oftentimes sentenced to court supervision and fines instead of license suspensions. According to this Chicago-Tribune article, sometimes the supervisory sentence is handed down improperly and the motivation for these types of alternate sentences is to allow the chronic speeder to avoid a license suspension.

Four years ago a taskforce led by Jesse White, Illinois Secretary of State, unsuccessfully tried to persuade lawmakers to create broad restrictions on distracted driving.

Imagine that your elderly parent is still keeping her prized mint condition 1973 Buick Riviera in the garage.

Divorce is never easy but Illinois is one of more than 20 states that allow no-fault divorces as well as fault dissolution’s on the grounds of impotency, adultery, bigamy, desertion, cruelty or a felony conviction.

A recent headline announced that Abbott Laboratories must pay over $1.6 million for misbranding the prescription drug Depakote. The total included a criminal fine and civil settlements with the states and federal government. In addition, Abbott has agreed to pay 45 states in order to resolve liability under state consumer-protection laws. Acting Associate Attorney General Tony West stated that Abbott put “profits ahead of patients.”

Poet Robert Frost wrote that “fences make good neighbors” in the early 1900’s but his simple instruction still has applications to living in urban areas today.

I was on a friend’s boat fishing on Lake Michigan when we were hit by another boat. Only two of the four of us in the boat were wearing life preservers so my friend didn’t want to fill out an accident report even though the other boater was at fault. He and the owner of the other boat exchanged information and agreed to settle the damage privately. All 4 of us got to shore but I have continued to have back pain for the last two weeks. What should I do?

Summer is here and many teens are receiving their first paychecks. As a parent there are a few things that you should be aware of regarding the Fair Labor Standards Act (FLSA) which regulates hours and standards for minors.

In the continuing economic malaise, more and lower wage employees are experiencing problems with being properly paid by their employers.

As mobile devices such as smart phones and tablets become increasingly ubiquitous, our culture is becoming more reliant on these tools. While they offer easy and fast access to information on the fly, the use of these technologies while driving cars can create dangerous situations for everyone on the road. Distracted driving is a big problem and if the trend of connecting cars to the Internet increases, it seems things are only going to get worse.

One type of personal injury lawsuit that is litigated quite frequently is a slip and fall case. In areas like Chicago, where there are long winters, snow and ice often accumulate on walkways and injuries can occur when someone slips and falls on a sidewalk outside of a business.

Chicago’s 2012 budget was recently released and includes a newly proposed “parking tax” which is proving to be unpopular with many Chicagoans. In a Chicago Tribune article, the tax is described as follows:

Car accidents are dangerous no matter who’s involved. But for children, the risks are even greater due to their smaller size. That’s why infant and children’s car seats are so important. They’re supposed to protect children from injuries and keep them safe from harm.

In Merca v. Rhodes, No. 1-10-2234, the Appellate Court of Illinois, First District, considered the issue of whether the trial court properly granted summary judgment in favor of the defendant. This case arose from a serious accident which caused the death of 14 year old Cassandra Merca, a pedestrian who had been hit by a car driven by the defendant.

Last year, Illinois lawmakers passed a comprehensive medical care reform bill that imposed a cap in medical malpractice cases.

I don’t know a parent out there that has not experienced the panic of not knowing where their child is, even if only for a moment. It isn’t hard for a child to wander off in a supermarket, department store, playground, park, or even from their own backyard.

Have you ever been in a store and had someone follow you around watching your every move? That usually is because shoplifting is big business and, during a recession, it typically grows.

The holiday shopping season seems to start earlier and earlier every year, and with that so do the pickpockets.

The Appellate Court of Illinois, Fourth District, recently considered the denial of a workers’ claim for workers’ compensation benefits where the Illinois Workers’ Compensation Commission concluded that his Chronic Obstructive Pulmonary Disease was caused solely by his cigarette smoking. In Gross v. Illinois Workers’ Compensation Commission, No. 4-10-0615WC, at issue was whether the claimant’s COPD was caused, in part, by his inhalation of coal dust while working as a coal miner.

There’s an interesting lawsuit pending in Florida that addresses just this issue. The lawsuit, Janowski v. Publix, may not be permitted to go forward based upon a Florida statute enacted in 2003, which effectively prevents any lawsuit by injured workers against their employers. However, the plaintiff’s attorney contends that the 2003 statute is unconstitutional to the extent that it prevents access to the courts.

At the Ankin Law Offices, practicing law is a family affair. For over a decade now, Howard Ankin has been defending the rights of personal injury and workers’ compensation clients with his father and law partner, Paul Ankin.

Simpkins v. CSX Corp., No 5-07-0346, raises the novel issue of whether an employer owes a duty to the spouse of an employee who contracted mesothelioma as a result of her exposure to her husband’s work clothes. This was an issue of first impression for the Fifth District of the Appellate Court of Illinois.

In late June, the U.S. Consumer Product Safety Commission (CPSC) announced a recall of over 2 million baby cribs. The suspect cribs were manufactured between 2000 and 2009 and most of the recalled cribs have “drop-sides,” which were intended to make it easier for the parent to reach the baby.

Tannehill v. Costello, No. 1-09-0868, addressed this unusual issue. In it, the Appellate Court, First District of Illinois considered whether the defendant owed her neighbor a duty of care under the rescue doctrine.

The Appellate Court of Illinois, First District, recently addressed the issue of whether a release signed by a plaintiff before she embarked on a paid tour of Chicago precluded her from bringing a personal injury lawsuit based on injuries that she sustained during the tour.

In Anderson v. Zamir, No. 5-08-0542, the Appellate Court of Illinois, Fifth District, took the unusual step of reversing a jury verdict and remanding the case to the trial court for a new trial on the issue of damages.

Two former Chicago Bears players have received sizable workers’ compensation awards from the Illinois Workers’ Compensation Board.

In July, as explained in this Business Week article, Massachusetts highest court overturned a long standing rule that absolved property owner’s from liability for failing to remove snow accumulation on their property. As explained in Papadopoulos v. Target, SJC-10529, the overruled holding was referred to as the “Massachusetts rule”, and stood for the proposition that property owners were not responsible for removing the natural accumulation of snow and ice.

In Krywin v. Chicago Transit Authority, No. 108888, the Supreme Court of Illinois considered the issue of whether the Chicago Transit Authority (CTA) was liable for a passenger’s injuries that occurred when she exited the train and slipped on snow and water that had accumulated on the train platform.

The Appellate Court of Illinois, First District, recently addressed the issue of the proper scope of a subpeona duces tecum issued by the Workers’ Compensation Commission.

Bell v. Hutsell is a recent decision out of the Appellate Court of Illinois, Second District, that involved allegations that homeowners were responsible for the death of an 18-year old who died in an automobile accident after drinking alcohol at the home of the defendants.

In a recent article we discussed an Illinois court’s decision that addressed a homeowner’s potential liability for an automobile accident that occurred after an underage teenager drank alcohol at his friend’s home and was involved in a fatal car accident later that evening.

A former employee of a popcorn plant was recently awarded the largest verdict of this type by a Chicago jury. The plaintiff, Gerardo Solis, had been a worker in a Chicago popcorn plant owned by Flavorchem Corp for 8 years from 1998-2006.

At issue in a recent Illinois products liability lawsuit was whether the manufacturer of Motrin was liable for an adverse reaction to its product.

Over the last month we discussed two different Illinois personal injury cases addressing the liability of parties who provided alcohol to someone who then left the premises and caused a deadly automobile accident. This is an issue that is becoming more frequently litigated, in part because of the tragic consequences–which are especially apparent when the person who was served alcohol is underage.

In Gilmore v. Powers, No. 1-09-1478, the First District Appellate Court of Illinois, Sixth Division, addressed the issue of whether a private landowner owner or the City of Evanston was liable for maintenance of a walkway that straddled the city-owned parkway in front of the defendants’ house.

When you rent a car, you assume the vehicle has been properly maintained, don’t you? And wouldn’t you expect that a car rental company would only rent vehicles that had been fixed following safety recalls?

Generally speaking, in Illinois, lawsuits may not arise from the sale or gifting of alcoholic beverages, since the Dram Shop Act (S.H.A. 235 ILCS 5/6-21) preempts all alcohol-related liability claims. However, where the claim is based on legal theories independent from the defendant’s provision of alcohol, the Dram Shop Act does not preempt the lawsuit.

The problem of concussions in athletes is an issue that has been receiving lots of press lately, in large part due to the new found understanding of the seriousness of these types of head injuries. In the past, concussions were believed to be mild injuries, requiring little if any follow up attention. The exact opposite is true: concussions are serious brain injuries that can have lasting, long term effects.

It’s undeniable–social media use is increasing exponentially. And, with this rapid increase in the use of social media, more attorneys are quickly realizing the utility of social media postings in litigation. When witnesses or parties to a lawsuit publicly post about their activities and whereabouts, the information can be used to dispute claims of injury during the settlement phase of a case or as impeachment material at trial.

In April, we reported that the Court of Appeals of Maryland heard oral arguments in a case regarding personal injury damage caps. In the case being appealed, the parents of a young child who had drowned received a jury award of $4 million for their pain and suffering, but the damages were reduced to $1 million by operation of the damage cap laws. The specific issue considered by the court was whether jury awards for pain and suffering damage caps were constitutional.

The First District Appellate Court of Illinois recently addressed the liability of a property owner for negligently maintaining its premises in Morrissey v. Arlington Park Racecourse LLC, No. 1-09-3460 (2010).

Anyone who’s been injured in an accident is understandably eager to settle their personal injury lawsuit. The pressure to settle can be enormous, especially if you are out of a job or working reduced hours because of the injuries, while at the same time facing mounting medical bills and other expenses. But it’s very important to resist the temptation to accept a low-ball settlement offer early in a case. Here’s why.

Consider the millions of products on the market that are targeted for use by children—toys, jewelry, and electronics to name a few.

Lawsuit financing has seen phenomenal growth over the last 10 years, yet it is often misunderstood.

If you’ve suffered a personal injury due to the fault of someone else, you may be entitled to legal damages for your pain and suffering. You can protect your legal rights by following the suggestions below.

Illinois attorneys might be surprised by the recent holding of the state Appellate Court that allowed tort damages in a case involving injuries on the job. The ruling shows that workers’ comp attorneys should routinely assess all potential third party claims before concluding the sole source of recovery is under the Workers’ Compensation Act.

The number of car accidents caused by distracted drivers is steadily rising, and the consequences are devastating, resulting in serious physical injuries and even death.

The law provides for monetary compensation if someone causes you personal injuries away from the job. Workers’ compensation, on the other hand, provides monetary relief for injuries suffered on the job, irrespective of fault.

A legal claim involving an accidental death in Illinois is known as a wrongful death lawsuit. Most wrongful death cases involve negligence claims, and proving liability is no different than proving someone is at fault in a lawsuit involving personal injuries.

The Illinois Appellate Court allowed tort damages in a case involving injuries on the job. The ruling shows that workers’ comp attorneys should routinely assess all potential third party claims before concluding the sole source of recovery is under the Workers’ Compensation Act.