Articles Posted in News

2014-RIL-Single-Mother-Scholarship-WinnersRosenfeld Injury Lawyers LLC is pleased to announce the winners of the 2014 Single Mothers’ Scholarship to Brittany Redfern and Laurie Hucks. Our scholarship committee was impressed by the overall dedication of single mothers to pursuing their educational goals, while caring for their children, but these two women are true stand-outs for the way in which they are able to balance their academic workloads while caring for their children.

Below you will find these winning essays from Brittany and Laurie. Based on the positive responses we have received from school officials and students, we are please to announce that our scholarship program will continue for 2015 following similar parameters for this year. You can view the parameters for the upcoming scholarship here.

Thank you for all participants and best of luck in all endeavors!

O.R. in hospitalNew release of data collected by the Centers for Medicare & Medicaid Services (CMS) on the price of hospital charges from across the nation may make a few eyebrows go up. The data has never been easily accessible by the public but now as part of President Obama’s administrations efforts to make health care more affordable and accessible, it has now been released. This change to transparency in medical procedure pricing has revealed large discrepancies in what hospitals charge across the nation.

What The CMS Data Contains

The new report issued by CMS gives a breakdown of prices for common inpatient procedures performed at hospitals all across the country. The top 100 procedures are listed from over 3,000 hospitals that receive Medicare payments. The first report is from 2011 and can be accessed online at CMS.gov.

What will make those eyebrows go up is the difference in costs from one hospital to the next, with little rhyme or reason to it all. For example, one hospital charges $127,000 for a permanent pacer maker, yet another only charges $66,000 for the same procedure. A new lower limb could cost an average of $117,000 at one hospital yet only cost $25,600 somewhere else. The difference in charges does not seem to be geographic, just randomly more or less from one place to the next.

The report also lists the average actual payout for these procedures, which is interesting as well. One place may charge less for the procedure yet receives a larger average payout than another hospital that charges much more.  The payout is only a fraction of the billed charge, often less than 20% of the bill.

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pelvic mesh complication lawsuitThousands of lawsuits are pending for the harm and injuries that have been caused by the use of vaginal mesh or slings in the treatment of female reproductive issues. The first verdict against one maker of vaginal mesh, Johnson & Johnson, awarded a woman in a New Jersey court a $3.35 million compensatory award. In addition, the company was also instructed to pay another $7.76 million in punitive damages, for a grand total of $11.1 million.  This landmark case and the large verdict gave a glimpse into the severity of the damage caused by these implants.

Is Such A Large Verdict Justified?

Linda Gross is the 47-year old former nurse from South Dakota that was awarded the first large award in a vaginal mesh case. She first had the mesh implanted in 2006 to give support to weakened pelvis muscles. She has complained of severe pain that has plagued her for years since the implant. Since receiving the vaginal mesh, she has had 18 surgeries to try and fix the damage that the mesh had caused.

Linda is just one of many woman suffering from these devices. Over 4,000 lawsuits have been filed, many claiming the same issues as Linda. The verdict was high due to the fact that the jury found that Johnson & Johnson failed to inform her surgeon of the risks involved with the implant and that Linda was fraudulently misled about possible health risks of the mesh.

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Illinois-bicycle-safetyAs the summer months approach, more bicyclists will be hitting the roads and trails to enjoy the warmer temperatures and fresh air. Illinois has prided itself on welcoming bicyclists onto the roads, especially in Chicago. However, even with progressive laws there is still a concern for safety when bicycles share the road with other larger and faster vehicles.

Illinois Bicycle Crash Data

The Illinois Department of Transportation compiled crash statistics for the years 2007-2011. This data shows where the majority of Illinois bicycle accidents happen and in what numbers. Over the 5-year period, there was a fairly consistent number in the total amount of crashes, though there was a reduction of 15.1% in 2011 over the past four-year average. Some specific data that stands out on the report include:

  • Increased fatalities. Although the total amount of crashes was reduced, fatalities increased in 2011 22.7% over the previous 4-year average
  • Local streets had more fatalities. In both urban and rural settings, local roads and streets had more fatalities then state or interstate roads
  • Older cyclists have higher fatality rate. Of the 27 bicyclists fatalities in 201, over 40% were 65 or older
  • Younger riders often injured. Of the 2,930 injury crashes involving cyclists, 47% were under the age of 24

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Illinois-motorcycle-safetyThere are approximately 340,000 motorcycles registered in the great state of Illinois and many will be hitting the roads for the first time since last fall in the next few months. Not many riders are out during the winter months.

In fact, in 2010 there was not one fatal crash December through February and only 7 total in November and March. As owners pull out their bikes and get ready for that first ride of the season, it is a good time to look at the dangers out on the road and prepare for a safe riding summer.

Illinois Motorcycle Crash Statistics

The good news on motorcycle riding in Illinois is that even though motorcycle riders seem to be growing in number, the amount of injuries and fatalities are not. The amount of registered motorcycles increased 73% from 1999 to 2010 in Illinois, adding almost 150,000 more motorcycles onto to the road in a little more than a decade.

However, there are still plenty of crashes that involve motorcycles and unfortunately, fatalities as well. The Department of Transportation statistics on traffic crashes between 2007-2011 can shed some light on when these crashes happen and to whom.

  • Lowest accident rate in five years. 2011 had the fewest Illinois motorcycle accidents in many years. There were 3,756, down 14.5% over the past 4-year average of 4,395
  • 145 Fatalities. In 2011, there were 145 fatalities, up 5.1% over the previous 4-year average of 138
  • More crashes going straight. As unlikely as it seems, by far the largest amount of motorcycle accidents happen when the motorcycle is going straight. Over 2,000 of the accidents in the last five years were going straight at the time of the crash
  • Older riders in more crashes. In both injury and fatalities, the largest age group is 35 and older. 61% of all injury accidents and 66% of fatalities in 2011 were in this age group

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springtime-dog-bite-safetyAs the weather gets warmer and Illinois residents start spending more time outside, there is a larger chance of running into dogs that are also out enjoying the outdoors.

Dog bites are too common, with an estimated 4.7 million a year in the U.S. In Chicago alone, there were over 1,700 dog bite reports in 2011. With spring and summer just around the corner, it is a good time for outdoor enthusiasts and dog owners alike to take heed of preventing dog bite attacks.

 Dog Bite Injuries

A dog’s instinct is to protect its territory and its master. Even a “friendly” dog can become aggressive if it feels threatened or thinks that someone is encroaching on property that they deem is theirs. Dog bites can range from a slight scratch to severe and even fatal injuries. According to the Center for Disease Control, 800,000 dog bites each year require medical treatment. Many severe dog bites result in:

  • Lacerations
  • Puncture wounds
  • Torn skin, tissue and muscle
  • Severe scarring

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DePuy Recall VerdictMarch 8, 2013- Jurors hearing evidence in the first (of many) DePuy hip recall trials have awarded a man with the ASR XL implant $8.3 million in compensatory damages related to the pain, disability and medical expenses he incurred as a result of the defective hip. The Los Angeles jury determined that that the DePuy ASR hip was defectively designed and caused metal poisoning and necessitated a revisionary surgery that the man needed after his device prematurely failed.

While the original lawsuit sought punitive damages related to alleged malice on the part of DePuy’s failure to sufficiently warn patients of the risks associated with the device, jurors determined that there was not sufficient intent to substantiate such a claim.

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DePuy-Hip-LawsuitsMoira Jackson is one of over 10,000 people who are bringing lawsuits against Johnson and Johnson subsidiary, DePuy for complications and injuries sustained because of defective hip replacements manufactured by DePuy. After receiving two artificial hip implants, Moira claims that she was unable to lead a normal life because of injuries and pain that were caused by the implants. What makes the former professional dancer from Maryland’s case so special is that it may be the one that sets the precedent for all 10,000 of the lawsuits to follow. Johnson and Johnson claims no wrong doing and that their hip replacements— which they admitted have a failure rate of over twelve percent— were approved by the FDA for use.

Recall of Defective Metal Hips

DePuy recalled over 90,000 of its hip replacements in 2010 due to defects in the socket, where metal on metal contact between the stem and the socket caused pain, swelling and tissue death in the surrounding area. The metal fragmentation has also been linked to toxic levels of metal in the blood, which poses a life threatening condition. Patients with this condition need to have their blood monitored for the rest of their lives to make sure that metal levels do not reach poisonous levels. The number of lawsuits DePuy is facing over the defective hip replacements may continue to rise well past the roughly 10,000 lawsuits it is defending against currently and the company has already spent over $800 million on its recall.

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Genevieve-KlimczakRosenfeld Injury Lawyers LLC recently filed a lawsuit on behalf of the family of Genevieve Klimczak, an elderly woman who died due to hypothermia after she eloped from a retirement center in Illinois.  On February 12, 2012 employees of McHenry Villa Retirement Center discovered Ms. Klimczak’s frozen body adjacent to a side door at the facility which locked behind Ms. Klimczak as she wandered from the facility the evening prior.

Wrongful Death Lawsuit Against the Retirement Facility and Care Agency

The wrongful death and survival lawsuit names Fox River Retirement Center, Inc., d/b/a McHenry Villa and Robert & Joyce Koch d/b/a Home Instead as defendants in the case and parties whom negligence resulted in Ms. Klimczak’s untimely death.

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Chicago Accident AttorneysThe Internet has indeed transformed the way that consumers seek an attorney. Today consumers demand information not just about the attorneys who may have experience handling a particular type of case, but increasingly people involved in accidents have taken the steps necessary to really educate themselves about the medical aspect of their condition and the legal issues associated with them.

As accident attorneys who frequently represent clients with uniquely serious injuries we strive to provide information that does more than tout our services and expertise, but articles about the medical – legal implications that frequently arise in certain types of accidents.

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Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
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This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
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Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa