Chicago-Land Personal Injury Lawyer - Miscellaneous

$1 Billion Workers' Compensation Lawsuit Against AIG Dismissed

Margaret Embry — Mon, 31 Aug 2009 16:43:03 GMT

Judge Robert Gettleman of the U.S. District Court in Chicago dismissed a federal lawsuit against American International Group Inc (AIG) on August 20th, according to Reuters. The lawsuit accused AIG of fraudulently shortchanging state workers' compensation pools out of more than $1 billion.

The lawsuit was dismissed due to the National Council on Compensation Insurance Inc. (NCCI's) lack of standing to sue AIG on behalf of hundreds of insurers in its National Worker Compensation Reinsurance Pool.

Many states require firms that sell workers compensation insurance to also fund pools to cover injuries for workers at companies that cannot obtain coverage on the open market, in some cases because their jobs are too risky.

Citing a New York state investigation and an internal AIG probe, Judge Gettleman said that for several years the insurer had understated workers compesation premiums to evade required payments, which resulted in at least $60 million of unlawful annual benefits.

Even with the dismissal, Judge Gettleman did not absolve AIG of potential claims by insurers that take part in such pools. Because of this, many are pursuing claims that seek class-action status in a separate lawsuit.

A spokesperson for the board of the National Workers Compensation Reinsurance Pool, said the insurers plan to keep pursuing their claims "to remedy AIG's admitted wrongdoing (and) to obtain a full and fair accounting by AIG."

The case is National Council on Compensation Insurance Inc v. American International Group Inc et al, U.S. District Court, Northern District of Illinois (Chicago), No. 07-2898.

Originally posted at InjuryBoard by Margaret Embry

Privacy Please: Your Intimate Details Hit the Internet

Nick Avgerinos — Mon, 09 Jun 2008 10:05:00 GMT

In a time where reality television is now the norm, rather than the exception, privacy is a rare commodity. We want to know everything about our next door neighbor. It seems we’ve realized that keeping up with the Joneses is a lot easier when you can see every move that the Joneses are making. In a world of Real World, Big Brother, and Survivor, in a world where we consider watching a 25-year-old from Podunk making a PB&J sandwich to be entertainment, truly anything goes.

With the boundaries between public and private blurred almost beyond recognition, what’s the new frontier? Perhaps your most intimate relationship exposed: your medical records online. That’s right; as CNN reported, your private health details may already be online. In fact, CNN’s own medical correspondent discovered her own information online when researching for the article. Go ahead and Google yourself. Your very own prescription and treatment history might be available for the next curious clicker.

To access every morsel of medical treatment, someone only needs to know your address, Social Security number, and birthday. True, that’s not information everyone you meet has on hand, but it’s also not terrifically difficult for someone to obtain, especially someone with a closer relationship. Two prime examples: employers and spouses filing for divorce. And that could spell trouble.

On the other hand, some cite the advantages of such information being readily available, espousing empowerment. And that may be true, although there is a somewhat questionable line between being aware and making WebMD your regular doctor. The bottom line is that you have to weigh your own concerns, sometimes choosing between convenience and privacy. At least now that you know your records are online, you can either use them or request that they be removed.

But your records aren’t the first foray into virtual medicine. In fact, just a couple months ago, Injury Board member Mike Damaso raised the issue of doctors’ blogs and patient privacy. The concern is that information about a patient’s case could be traced back to the individual, thereby adversely affecting her employment, health insurance, or other aspects of her life. These matters raise a lot of issues regarding consent and, well, just plain old trust.

Now that MySpace and Facebook profiles are more common than not, we’re somewhat desensitized to putting it all out there for the world to see. Something to keep in mind, though, is that those sites allow you to choose what people will see. This advent of your health information being offered without your consent (or even knowledge in many cases) pushes the envelope even farther. So, on those sites where you’re the one controlling the flow of information, do us all a favor; leave a little something to the imagination. You’ll save yourself a lot of headaches both in litigation and in life.

Originally posted at InjuryBoard by Nick Avgerinos

Lawsuit filed against Blue Man Group

Tony Romanucci — Mon, 04 Feb 2008 10:15:19 GMT

Although wildly popular across the country, BMG carried one of its stunts too far. Romanucci & Blandin, LLC filed a lawsuit against BMG for its esphogeal camera stunt gone wrong. The Chicago Tribune reported yesterday as follows:

If you haven't seen the act that's mentioned in the suit, it goes something like this: A rhythmic thump of rock music serves as the soundtrack to the commotion near the front of the stage. An audience memeber is getting worked over by a blue-painted bald guy dressed in black. The entertainer places a camera near the audience member's mouth, and what appears to be the inside of his mouth (but really it's a pre-recorded medical video) is broadcast on a large sceen.
The Blue Man Group says the bit is an illusion and the camera never enters the mouth, including in this instance.
The suit is in its infant stages now, says Antonio Romanucci, attorney for plaintiff James Srodon.
"I'm not even sure Blue Man Group have even been served with the appropriate paperwork yet. Not much has happened with it at all," he says.
"Blue Man Group may have been performing this stunt without incident for years and years -- that's not to say that a stunt can't go wrong.
"The bigger issue in the value of entertainment is the price that you pay on the ticket. And we're not talking about a situation where Mr. Srodon or anybody else sitting in his seat was aware and acknowledged that he would be used as part of the show like at a basketball game or hockey game where people are asked to come out on the court and participate in games. ... This was a much different circumstance."

Originally posted at InjuryBoard by Tony Romanucci

Illinois Hospital safety reports past due

Tony Romanucci — Tue, 08 Jan 2008 09:23:44 GMT

Four years after Illinois passed two groundbreaking laws designed to shed light on hospital safety and performance, patients are still in the dark.

The Illinois Hospital Report Card -- at the time, the nation's first effort to document hospital-acquired infections -- has not been published.

"It's disappointing because Illinois was the leader, the model state that everyone was looking to," said Lisa McGiffert, a health-care expert at Consumers Union. "But they're not a model anymore."

All the projects shared an overarching purpose: to put detailed information about health care in the public domain so patients could become better consumers of medical services.

The Hospital Report Card's focus was on infection rates and the adequacy of hospitals' nursing staffs. The Consumer Guide was to compare hospitals' performance on 30 leading medical procedures that have wide variation in outcomes and costs.

The Adverse Events report would examine egregious hospital errors, such as surgery on the wrong side of a person's brain, and the Patient Safety Division was supposed to coordinate these efforts and other initiatives to improve care.

State officials blame the extended project delays on problems with the original legislation, a lack of funding and staff, and a lengthy regulatory process, among other issues.

Both pieces of legislation had to be amended, a process that took more than a year, said David Carvalho, a deputy director at the Illinois Department of Public Health. The department, already financially stretched, didn't get a substantial funding boost to analyze necessary data, he said. And multiple layers of review were required.

"I think we had unrealistic expectations" for what it would take to get the job done, said Dr. Eric Whitaker, former head of the department.

Critics fault leadership

Officials now predict the Hospital Report Card will be ready for public release by October, five years after the legislation was passed. The Consumer Guide, originally targeted for January 2006, is scheduled for publication this summer. There is no timetable yet for releasing the Adverse Events report.

Many health-care observers don't accept officials' explanations for why the studies are so long overdue. They fault Gov. Rod Blagojevich for not making the projects a priority and contend that bureaucratic inertia in the Public Health Department has obstructed progress.

"You have to ask, where is the leadership that was supposed to make this happen?" said Michael Millenson, a health-care consultant and consumer representative on the Chicago Patient Safety Forum.

"We thought we had a fighting chance to get this done because this is a governor who claims to be committed to improving health care," said state Rep. Julie Hamos (D-Evanston), lead sponsor for the legislation that created the Consumer Guide. "But the commitment hasn't been there."

Hamos said she tried repeatedly to get officials to devote more attention to the projects, to no avail. She suggested the governor's office was focused on expanding health insurance coverage and pouring resources into the Illinois Department of Healthcare and Family Services, not public health.

A spokeswoman for the governor said the projects were moving forward but acknowledged that the pace was slow.

The champion of the Hospital Report Card was then-state Sen. Barack Obama, who now talks about the concept on the presidential campaign trial and has since pushed similar legislation in the U.S. Senate. In a written statement, Obama emphasized the need for the work to get done.

"Patients have the right to information about the cost and quality of hospitals so they can make informed decisions about their health," he said in the statement. "We need to be sure we are making these report cards a reality."

Last week, the state missed its most recent deadline.

Under legislation passed in 2005, the state was to establish by Jan. 1 a system for reporting and reviewing so-called "adverse events" in hospitals -- errors that should never happen, such as leaving a surgical sponge inside a patient's abdomen. But rules to implement the legislation haven't been drafted, and an advisory group has not been appointed, as called for in the bill.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Tony Romanucci

$12 Million Police Shooting Verdict Against Chicago Police department

Tony Romanucci — Mon, 17 Dec 2007 09:09:25 GMT

In one of the largest awards ever in a Chicago Police shooting, a Cook County jury Thursday said the city must pay $12 million to the family of a 23-year-old unarmed man whose death was caught on a CTA station security video now heavily viewed on YouTube.

That tops the 2003 award of $9.6 million in the police shooting of Northwestern University student Robert Russ, but is less than the 2001 settlement of $18 million the city reached with the family of police shooting victim LaTanya Haggerty.

"We're disappointed with the amount of the verdict," said city Law Department spokeswoman Jenny Hoyle. "We believe it's excessive."

The huge verdict comes down at a time when excessive force and misconduct by Chicago Police officers are under a microscope.

Originally posted at InjuryBoard by Tony Romanucci

Civil Rights Lawsuit Filed in Chicago

Tony Romanucci — Thu, 29 Nov 2007 09:39:58 GMT

A lawsuit was filed today in the Circuit Court of Cook County against the Chicago Police Department by the eldest son of the late rapper Freddie Wilson, who was shot and killed by police on November 13, 2007 (case no. 2007 P 008169).

Wilson's eldest child, a 13-year-old son who resides with his mother in Madison, Wis., is represented by the Chicago law firm of Romanucci & Blandin, LLC. Antonio M. Romanucci, a principal in the firm, said that his client is seeking unnamed monetary damages which may include punitive damages.

"Eyewitness reports indicate that Freddie Wilson was the unintended and innocent victim of the shooting," said Romanucci. "Eyewitness accounts indicate police officers were chasing another man, multiple gunshots were fired, and Wilson was killed within feet of his motor vehicle."

"It is clear that the Chicago Police Department is losing its control over the neighborhoods and lacking in the leadership that is required as one of the largest police departments in the country," he continued. "This is not only a wrongful death case but a situation that was a clear violation of Freddie Wilson's civil rights. The police officers involved in the shooting demonstrated willful and wanton misconduct that resulted in the death of a man who was a musical talent and a loving father to his children."

Romanucci said that his firm will conduct an independent and full investigation into Wilson's death.

Originally posted at InjuryBoard by Tony Romanucci

Traumatic Brain Injury; High school sports and concussions

Tony Romanucci — Thu, 08 Nov 2007 10:27:29 GMT

During a single game or practice in the 2005-06 school year, here's how many concussions occurred for every 100,000 high school athletes in the following nine sports:

Football (boys) 47
Soccer (girls) 36
Soccer (boys) 22
Basketball (girls) 21
Wrestling (boys) 18
Basketball (boys) 7
Softball (girls) 7
Baseball (boys) 5
Volleyball (girls) 5*

It is our sincere hope, that, you as parents, take every precaution possible to protect your children from potentially permanent injury in there extra curricular activities. Remember, it is only a sport.

*Source: 2005-2006 High School Sports-Related Injury Surveillance Study and the Journal of Athletic Training, December 2007

For more information on this subject, please refer to the section on Head and Brain Injury.

Originally posted at InjuryBoard by Tony Romanucci

Woman Suing Winchester House for Negligence

Chrissie Cole — Mon, 08 Oct 2007 01:28:37 GMT

A former Wildwood resident is suing Winchester House for negligence that she claims led to her sexual abuse.

The lawsuit was filed on Wednesday in Lake County Court on behalf of an 82-year-old Alzheimer's patient that lives at the county-run nursing home.

from her family, fondling and sexually abusing her on several occasions before October 15, 2006
The man, 64, was charged and pled guilty on September 6 to sexually abusing the woman. He was placed on probation for four years.

Lake County administrators are aware of the lawsuit but declined to comment.
"There are two sides to every story," said Jennie Khoen, county spokeswoman. "We have not had an opportunity to review the complaint. It would be premature to comment at this time."

The suit seeks over $50,000 in damages and accuses Winchester House of violating state laws protecting nursing home residents from neglect and abuse.

An Illinois Department of Public Health investigation found Winchester House administrators failed to notify in a timely manner the state or family members of inappropriate behavior witnessed by staff.

Originally posted at InjuryBoard by Chrissie Cole

Capron & Avgerinos, P.C.

Staff Writer — Wed, 04 Jul 2007 19:19:45 GMT

We founded Capron & Avgerinos on the principle of providing outstanding legal assistance to the seriously injured in Illinois and Iowa. We have devoted our entire practice to representing individuals in workers' compensation, personal injury and wrongful death claims. Over the years, we have helped thousands of clients receive the compensation they deserve and need in order to move forward with their lives.

Our firm is small, allowing us to provide a highly personalized legal experience. Should we have the privilege of representing you, the attorney assigned to your case will personally handle it from start to finish with the help of our professional staff and legal assistants.

Originally posted at InjuryBoard by Staff Writer

Nick Avgerinos, Dan Capron & Mike Rom, Attorneys at Law

Staff Writer — Wed, 04 Jul 2007 19:11:09 GMT

Nick Avgerinos

Education
UNIVERSITY OF KANSAS
Bachelor of Arts in Economics and Political Science
DRAKE UNIVERSITY SCHOOL OF LAW, Des Moines, Iowa
Juris Doctor 1981

Area(s) of Practice
Admitted to practice before the Courts of Illinois and Iowa
Trials and Appeals of Workers' Compensation Claims in Illinois and Iowa
Memberships
Iowa Workers' Compensation Lawyers Association
Illinois Workers' Compensation Lawyers Association
American Association for Justice
Illinois Trial Lawyers Association
Chicago Bar Association

More
In addition to private practice, Nick has served as a mediator in workers' compensation cases. At the invitation of the local school board in the community where his family resides he was asked by the school board to serve as a member of The Citizens Finance Task Review Committee. Nick also was a member and board chairman of Community Human Services in Chicago, an organization that was dedicated to helping the underprivileged and their families reenter the workforce.

Dan Capron

Education
UNIVERSITY OF ILLINOIS, Urbana
Bachelor of Arts in History
INDIANA UNIVERSITY SCHOOL OF LAW, Bloomington
Juris Doctor 1981

Area(s) of Practice
Trials and Appeals of Workers' Compensation Claims

Memberships
Illinois State Bar Association
Illinois Workers' Compensation Lawyers Association
Illinois Trial Lawyers Association
Author of "Chapter 13, Illinois" Independant Contractor Status: State
by State Legal Guide (ed., John Wiley & Sons, 1993).
Big Ten Football Official

More
Dan Capron has been board member of the Illinois Workers' Compensation Lawyers Association since 2006. He is also a Big 10 football referee and spends his weekends in the fall traveling across the country officiating Big 10 football games.

The last two seasons he has qualified to work bowl games. In Jan. 2007 he was the referee at the first ever International Bowl in Toronto, Canada. In January, 2008 he was the referee at the New Orleans Bowl. He has been active in Democratic party politics for many years and has appeared on national television many times. He is also a frequent speaker at football seminars and the father of four daughters.

Michael A. Rom has represented injured workers at the Illinois Workers' Compensation Commission for 15 years. Mr. Rom is an active member of the Illinois Workers Compensation Lawyers Association (WCLA) as well as the Illinois Trial Lawyers Association (ITLA). His father was a founding member and President of the Catholic Teacher's Union in Chicago and the value of organized labor and commitment to the workingman is deeply ingrained. Mr. Rom also represents claimants in Social Security matters.

Born and raised in the Beverly neighborhood of Chicago he graduated from Loyola University of Chicago with a double major in Political Science and History. He was a member of that school's NCAA Division I soccer program for 4 years earning academic all-conference honors in 1987. In 1993 he graduated from DePaul University Law School where he was a member of the Moot Court Team for two years representing the school in competitions at Duke University (1992) and Albany Law School of Union University (1993).

Mr. Rom has traveled extensively throughout Europe and North and South America and has hiked the Inca Trail to Machu Picchu and the Great Wall of China. In addition, he is a volunteer at Lakeview Pantry delivering food to those in need. He is a longstanding member of The Chicago Council on Global Affairs and Facets Multimedia.

Mr. Rom is dedicated to serving his clients, responding to their needs and moving their claims to resolution.

Stephen Smalling

Education
UNIVERSITY OF IOWA
Bachelor of Arts in Business Administration
JOHN MARSHALL LAW SCHOOL, Chicago
Juris Doctor, with Distinction 1984

Area(s) of Practice
Admitted to practice before the Courts of Illinois (1984) and Iowa (1986)
Practice limited to the trials and appeals of plantiff personal injury and workers' compensation claims

Memberships
Federal Trial Bar, U.S.D.C. Northern District of Illinois
Arbitrator-Circuit Court of Cook County, mandatory arbitration program
Illinois Trial Lawyers Association
Iowa Trial Lawyers Association
Illinois State Bar Association

Originally posted at InjuryBoard by Staff Writer