Chicago Accident Lawyer BlogOver the weekend 80 year old Anibal Calderon was beaten to death at an Oak Park nursing home. Police said that another resident of the Oak Park nursing home is responsible. Police are still investigating the incident which occurred at the Oak Park Healthcare Center located at 625 N. Harlem Avenue in Oak Park. A nurse found Anibal Calderon lying unconscious Sunday night in the nursing home’s Alzheimer’s and dementia ward. He was taken to Rush Oak Park Hospital and was later transferred to Rush University Medical Center. He later died early Tuesday. Police believe a 66 year old man, who is also a resident at the Oak Park Healthcare Center, beat Calderon in the head with an object. Police say the incident began with an argument between the two residents and the 66 year old man ended it by beating 80 year old Calderon. An autopsy report determined Calderon died from head injuries and blunt trauma from an assault. Anibal Calderon’s death has been ruled a homicide by the Cook County Medical Examiner’s Office. Incidents such as these can be prevented if nursing homes take the necessary precautions to keep their residents safe. Victims should understand their legal rights. Our expert attorneys Zneimer & Zneimer p.c. can help victims know their rights. If you or a loved one experienced a similar situation please call our office and schedule a free personal injury consultation.
Articles Posted in Personal Injury
Children’s Safety Will Hit Your Wallet
Earlier this week Governor Pat Quinn signed a bill allowing the City of Chicago to use cameras to catch speeding drivers near schools. The bill known as S.B. 965 will go into effect on July 1 and allows speed enforcement cameras within 1/8 of a mile, or one city block, around schools and parks between 6 a.m. and 10 p.m. each weekday. The speed enforcement cameras are to be used within 1/8 of a mile around parks from one hour before the parks open to one hour after they close, which means cameras will be shut off only between the hours of midnight and 5 a.m. It also allows using existing red light cameras and mobile cameras to catch speeders within 1/8 of a mile of schools and parks in Chicago.
The Expired Meter website issued a Freedom of Information request on all calls, emails and letters from the public to the governor’s office to learn about the response to the legislation. So far it has been negative; of the 224 calls, letters, and emails about the speed camera bill, an overwhelming 91 percent were opposed to it. Governor Quinn’s response was, “You may get letters, perhaps emails. You know, you study each communication, but… I’m not sure that’s a scientific sampling of all the people of Illinois, I think there are some people who are for the bill and some aren’t for it and, you know, that happens in a lot of situations.”
Mayor Rahm Emanuel released a statement on Monday morning thanking Quinn.
Walking Under Historic Building Can Hurt You
As reported in CBS’ Historic Auburn-Gresham Building Torn Down After Partial Collapse, shortly after noon on Tuesday, January 31st, four people were injured when a three story historic building partially collapsed. The building, located on the northeast corner of 79th and Halsted, has been vacant for 20 years and was originally constructed in the 1880’s. It is owned by the city of Chicago. The debris falling from the building injured people on the street and caught two others under scaffolding.
Firefighters worked to remove the victims and searched under the rubble for an alleged fifth victim. According to the Chicago Fire Department it appears the top of the building’s brick façade collapsed along the roofline causing it to fall below. The scaffolding surrounding the building buckled as the roofline collapsed, trapping several pedestrians. Chicago Fire Department Commissioner Robert Hoff included that a tree had grown through the building’s roof and believes years of neglect, along with recent weather conditions, and the age of the building led to the building’s collapse.
Attempted Rescue: Police Officer and Tow Truck Driver
In relation to our last post about fire ordinances, there was a fire early Tuesday morning at an 3-story complex on 130th street, near the far south side of Chicago. Sergeant Mike Saladino, a veteran of 11 years, was on a routine patrol early Tuesday morning around 3:15 a.m. when he heard there was a fire about two blocks from his location. He responded immediately and arrived in a matter of minutes. A tow truck driver, who was originally there to repossess a car, was already on the scene and had just smashed open the jammed door of the first floor apartment. The tow truck driver had a fire extinguisher in hand and was attempting to put out the blaze. Two small children were reportedly trapped in the burning building. The American Burn Association state that there are approximately 1.1 million burn injuries in the United States each year severe enough that they warrant medical attention. Experienced accident and injury attorneys Zneimer & Zneimer p.c. understand the immediacy and sensitivity required in handling cases that involve burn injuries.
Unfortunately Officer Saladino and the tow truck driver were unable to rescue the two small children. The flames were too extreme, and the smoke too blinding. According to the Chicago Tribune, Officer Saladino was very distraught that he could not save the children. He said he could not stop thinking about his twin daughters at home, who were around the same age as the victims. He kept thinking what if it had been them in the fire. That’s what drove him to run into the burning building. The Tribune reports that Saladino was very emotional and could not bear to look at the two small bodies of the victims brought out once the fire was put out.
The fire was started by a 6-year old boy attempting reheat some pizza on the stove top in the kitchen. His pregnant mother was asleep in another room. She was a single mother doing the best she could with 3 kids and one on the way. She and the 6 year old boy managed to escape the fire, but it claimed the lives of her other two children Destiny Myles (3) and Jeremiah (1). She attempted to run back in and save the kids twice but passed out due to heavy smoke. The pregnant mother is currently in critical condition in the hospital. There is no word yet if the complex was completely up to fire code. If the building is older than 1975, it is not required to have a sprinkler system. The officer and tow truck drivers are definitely very brave men to have run into a burning building. Sadly fire fighters did not arrive on the scene in time. If you or someone you love have been involved in a fire, please contact accident injury attorneys Zneimer & Zneimer p.c. who can help assess the specifics of your situation discuss appropriate choices with you.
Bridgeport: Teen Youtube Beating
https://www.youtube.com/watch?v=roK2XIZKn8Q
By now, many of you Chicagoans have heard about the 7 teenagers that beat up and robbed an Asian high school senior this past Sunday. This is mainly because one of the teens recorded the beating with their cell phone and the video has gone viral via Youtube. The teens involved in the beating were all under the age of 18. There was one 17 year old boy, two 16 year old boys, three 15 year old boys, and a 15 year old girl. The girl allegedly lured the victim into the alley on the 2700 block of South Shields, where the boys waited to beat him. All the teens, except 17 year old Raymond Palomino, are being charged with juvenile delinquencies. While accident injury attorneys Zneimer and Zneimer do not typically handle these types of cases, they do handle personal injury cases caused by assault. Typically, insurance companies will not cover these types of acts unless the act is forseeable
Raymond is the only one of the teens being charged as an adult. His dad actually turned him in after seeing the video of the beating on the news. This viral video ended up backfiring on these teens, since many of their peers identified them via the comments on the Youtube page. Raymond is being charged as an adult with robbery and aggravated battery. His bail is set at 100,000 dollars. It seems as though Raymond is being made out as the ring leader of the group. This could be because in the video, he shouts “get him,” when the victim becomes visible. Raymond is also seen in the video removing a gym shoe from the victim’s backpack and striking him in the face repeatedly with it. He then took the victim’s wallet, removed the cash, and then dropped it into the sewer.
Dollars for Doctors
It is not a secret that pharmaceutical companies use doctors and other medical professionals to promote certain drugs. The idea of a doctor receiving dollars from a drug company for prescribing its pills raises a lot of ethical questions, and one wonders whether in prescribing a certain pill, the doctor has the patient’s best interest in mind. The drug companies have long been rewarding doctors with fees for speaking engagements (promoting the drug), consulting fee, or research grants. However, until recently, what goods and dollars were exchanged was not public information.
According to ProPublica reporters Dan Nguyen, Charles Ornstein, and Tracy Weber, some of the drug companies have begun publicizing the details of payments they make to physicians, hospitals, in other health professionals for promoting their drugs. The payments are usually in the form of consulting fee, speaking engagement fees, or research fees. Most of the money goes to physicians, however, nurses and pharmacists also work with pharmaceutical companies. ProPublica has pulled the disclosures made by the pharmaceutical companies into a searchable database. Check if your doctor has received benefits from the drug companies.
Many patients suffer personal injuries from defective drugs. The list of recalled drugs by the FDA is rather long. A lot of the drugs on this list were recalled after many patients have suffered personal injuries.
Dangerous conditions in child and adolescent psychiatric hospital
Chicago Tribune Deborah L. Shelton reported that experts from the University of Illinois at Chicago issued a scathing report about the dangerous conditions of pediatric and adolescent psychiatric hospital Hargrove. This report is eerily similar to the one released on March 30, 2009, slamming the conditions at Riveredge Hospital and other psychiatric facilities owned or run by Psychiatric Solutions, and to another report released in May 2011 documenting inadequate care in Lakeshore Hospital. Back in 2009 as well as in the current reports, the UIC experts reveal that the most vulnerable patient population, pediatric and adolescent psychiatric patient are subjected to sexual assaults, physical attacks, threats, and unacceptable conditions.
According to the current report between December 2010 and mid-June 2011, there were over 100 cases of children and adolescent psychiatric patients subjected to physical attacks, threatening behavior, and sexual assaults at Hartgrove. The report on psychiatric care in 2009 on Riveredge and Psychiatric Solutions identified a similar longstanding pattern of egregious quality failures, failure to protect patients from sexual abuse, failure to provide patient care in a safe environment, failure to ensure patients are adequately monitored, failure to ensure adequate staffing for patient care, failure to adequately train and supervise staff. The current report on Hartgrove paints a similarly unacceptable picture of vulnerable population placed at unacceptable risk. The reports also reveal that the hospitals are understaffed or are staffed with unqualified personnel. Most of the children in these facilities are there because they are danger to self or others and need specialized care. When the hospitals hire personnel with lack of qualifications the hospitals put the children and staff at risk. Our law firm represents victims of psychiatric and hospital negligence in cases involving sexual assaults or inadequate supervision in psychiatric facilities. Sexual assaults are usually a result of inadequate staffing, improper supervision, or failure to follow physician-ordered precautions and observation levels. Personal injuries that result from inadequate staffing are easily preventable. Keeping psychiatric patients safe should be a priority to any mental health hospital. Patient safety is a prerequisite of any therapeutic environment for a psychiatric patient. Failure to prevent assault and abuse of psychiatric patients represents gross negligence and should not be tolerated.
Elderly Pedestrians More At Risk
A study conducted by Transportation of America based in Washington D.C. from 2000 to 2009 found that although people 65 and older represent 13% of the population, they represented 22% of the pedestrian deaths. Cities like New York and Chicago are taking aim to make cities safer for elderly pedestrians to reduced pedestrian injuries and deaths. The Chicago personal injury attorneys of Zneimer and Zneimer note a high percentage of pedestrian injury clients are elderly and almost all of the crashes that caused the pedestrian injuries occurred in a cross walk.
As a response to studies showing that elderly pedestrians are at risk, cities like Chicago and New York are making changes. These changes include “countdown” signals at intersections, speed bumps, extended curbs and medians in the middle of wide intersections. One of the biggest changes advocated by Transportation for America are for walk signals to be made longer to allow enough time the elderly to cross. The assumption is that a pedestrian can cover 3.5 to 4 feet per second but the elderly typically can cover only 2.5 feet per second.
Appellate Court Holds that Lawsuit of Defrauded Immigrants Can Proceed
In 2006 Jose Alvarado promised Cesar Gamboa, Ruben Nava, and Mauro Lopez, who were unlawfully in this country, that for $15,000 apiece, he could get them United States citizenship papers. Alvarado promised that he could deliver “authentic citizenship documents” for them through a contact at the US Consulate office in Ciudad Juarez, Mexico. He told them that he had contacts that could influence the immigration authorities to expedite the application process but would need to pay employees in the different departments to obtain the necessary releases. Alvarado stated that he and his brother were obtaining their citizenship documents through the contact and invited Gamboa, Nava, and Lopez to join the group. The latter agreed and began paying in installments to Alvarado. Alvarado issued them receipts for the payments through his business, Marco’s Digital Video and Photography, Inc., to prove that the payments were legitimate. They say that Alvarado used “high-pressure tactics” to get the payments, calling them weekly until they had paid in full.
Once he received the money, however, Alvarado became less communicative. He did not deliver the promised “authentic citizenship documents” but delivered various excuses. In March 2009, he told the group that they were all swindled by the Mexican contact. Alvarado asked the group to contribute additional $200 each to hire a Mexican lawyer to pursue restitution from the swindler in Mexico. These additional payments did not fare any better than the first payments. Soon Alvarado informed the group that the legal challenge was not an option but proposed a new strategy. The new plan was to hire thugs in Mexico to kidnap the swindler and to get their money back. If the swindler would not return the money, the thugs would kill him. However, in October 2009, Alvarado told the group that the kidnapping plan was also on hold.
The thug-and-kidnapping plan having failed, Gamboa, Nava, and Lopez decided to try their luck with the Circuit Court of Cook County. They filed a lawsuit against Alvarado and his business for fraud, unjust enrichment, civil conspiracy, intentional infliction of emotional distress and violation Illinois Consumer Fraud and Deceptive Business Practices Act. The trial court dismissed the complaint, finding that the contract between the plaintiffs and the defendants were illegal and could not be enforced by the court. The plaintiffs appealed. The appellate court reversed.