In a case involving injury to a 7 year-old who was kicked in the back by a horse, the Illinois Appellate Court decided the question of whether contributory fault was a valid defense to the lawsuit. The plaintiff brought this personal injury case seeking compensation under the Illinois Animal Control…
The U.S. Government has given the go-ahead for the world’s first test in people of a therapy derived from human embryonic stem cells. The federal drug regulators have said that political considerations had no role in this decision. It did however coincide with the inauguration of President Obama who has…
According to an Illinois Appellate Court, if an injured employee is fired for conduct related to his or her Illinois workers’ compensation claim, then he or she is not entitled to benefits for temporary disability under the Illinois Workers’ Compensation Act. Interstate Scaffolding, Inc. v. Workers’ Compensation Commission, 2008 WL…
An Illinois oncologist was found not to be qualified to testify as an expert witness in a Chicago medical malpractice case against a surgeon accused of failing to diagnose and treat a patient’s lymphoma. McWilliams v. Dettore, et al., No. 1-07-0678. In a split decision, the Illinois Appellate Court for…
At the completion of a jury trial where the family of the deceased patient received a verdict of $3.6 million in an Illinois wrongful death case, a Cook County Circuit Court judge entered a verdict in favor of the defendant notwithstanding that verdict. However, on appeal, the Illinois Appellate Court…
Chicago-based Resurrection Health Care has dispensed with a class action lawsuit by settling with uninsured patients who allegedly were excessively charged. Under the settlement agreement these patients will be issued vouchers for future health services at Resurrection Health Care facilities. Niewinski et al. v. Resurrection Health Care. Notices have been…
In September 2008, a Illinois First District Appellate Court decision ordered Zurich American Insurance Company to cover a Illinois wrongful-death lawsuit against its insured Key Cartage and Terry Washington. Zurich American Insurance Co. v. Key Cartage, 2008 WL 4445122 (1st Dist., Sept. 30). The Illinois Supreme Court has agreed to…
“You want to know my philosophy?” Illinois’ new governor Patrick Quinn asked. “One day a peacock. The next day a feather duster.” Given what the last 6 years has brought the state, most would agree that the new Illinois governor, its 41st, has the right attitude for the job. But…
A lawsuit brought on behalf of an individual for Illinois medical malpractice was found to be a nullity because the supposed lawyer was unlicensed. The so-called nullity rule directly punished the unknowing client in this case. In Applebaum v. Rush University Medical Center, 2008 WL 4943860 (Nov. 20), the high…
Kreisman Law Offices recently added two sculptures by Zimbabwe artists to its reception area in a show of support for the struggling people of Zimbabwe and the incredible economic woes facing its citizenry. The two pieces were created by Chapungu artists and represent the vast wealth of human talent among…