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Negligent Entrustment of Motorcycle

An Illinois wrongful death lawsuit that I filed on behalf of the family of a 17 year old boy who died in a crash while riding his motorcycle recently came to a successful conclusion. On July 26, 2004, the decedent’s best friend drove his 1995 Honda CBR 600 F3, which he had just purchased, to decedent’s home to let him take it for a ride. This motorcycle is commonly known as a “pocket rocket“, due to its rapid acceleration. This feature causes inexperienced...

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Illinois Wrongful Death Act Amended

Illinois Wrongful Death Act now allows jurors to award damages for “grief, sorrow, and mental suffering.” The law in Illinois since 1867 has been that in wrongful death actions, there is “no recovery for bereavement” and “nothing can be given as solatium.” Chicago & A.R. Co. v. Shannon, 43 Ill. 338, 1867 WL 5039 (1867). Jury instructions in wrongful death actions arising before the effective date of this amendment, May 31, 2007, have and will include Illinois Pattern Jury Instruction (Civil)...

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Illinois Sexual Abuse Victims Abused Again

Illinois sexual abuse victims often confront confusing statute of limitations issues when bringing claims for chilhood sexual abuse. The Illinois Supreme Court held that under the common law discovery rule governing when a statute of limitations commences, there is no requirement that plaintiff must know the full extent of her injuries before the applicable statute of limitations begins to run. Clay v. Kuhl, 189 Ill. 2d 603, 727 N.E. 2d 217 (2000). Plaintiff in Clay was born in 1964, sexually abused on hundreds of ocassions in 1972...

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Internet Prescriptions As Public Health Threat

Internet prescription drug overdoses are a threat to public health in the United States. Medical malpractice and product liability suits against the internet pharmacies, physicians who prescribe without a valid physician-patient relationship, and the pharmaceutical companies themselves currently are the only effective means to halt this public health threat. The Centers for Disease Control last week released data that indicates that “poisoning was second only to motor-vehicle crashes as a cause of death from unintentional injury in the United States.” The report indicated that unintentional drug poisoning deaths increased 68%...

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Illinois Hospital Immunity-Confidential Patient Records.

Illinois hospitals were granted immunity from disclosing confidential patient records by the Illinois Supreme Court. Bagent.v. Blessing Care, d/b/a Illini Hospital, 224 Ill. 2d 154, 862 N.E. 2d 985 (Jan. 19, 2007). An Illinois woman’s common law right of privacy claim against a hospital that her confidential medical records were divulged by an employee of the hospital was unanimously rejected by the high court last week. Defendant Mary Young was a phlebotomist employed by Illini Hospital. She had received confidentiality training...

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Internet Prescription Malpractice-Part II

An Illinois internet prescription malpractice case that I tried last year now has resulted in the indictment of the very doctors sued. The doctors were charged in the civil suit with: (1) prescribing Xanax and Ultram to a patient they had never seen or examined; (2) prescribing excessive dosages and; (3) practicing medicine in the state of Illinois without a license. As reported in last months’ post on internet prescription malpractice, the plaintiff, a 30 year old husband and father ordered Xanax...

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Internet Prescription Malpractice-Part 1

An Illinois internet prescription malpractice case that I prosecuted beginning in 2004 opened my eyes to the widespread abuse of prescription drugs the internet facilitates. An unholy alliance has developed between physicians and the internet pharmacies that push drugs via spam e-mails and pay for click advertising.This is the first of what will become a continuing focus on the practice of physicians prescribing frequently abused drugs based solely on an on line questionnaire. This article is not meant to criticize or...

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Illinois Product Liability Verdict of $27 Million Affirmed and Reversed

An Illinois product liability verdict against Ford Motor and Mazda Motors for defective design of driver’s seat was affirmed, but the damage award of $27 million was reduced by an appellate court in Chicago on Nov. 22, 2006. On Feb. 4, 2000, decedent was a driver stopped at stoplight when he was rear ended by a drunk driver. On impact decedent’s seat flattened backwards and he was ejected toward the rear of the car causing injuries that led to his...

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Illinois Wrongful Death Coverage Limited by Supreme Court

In a Chicago wrongful death action that asserted claims for underinsured motorist benefits, the Illinois Supreme Court interpreted whether the “per person” limits of liability or the “per occurrence” limits of liability applied to family members derivative claims. The Illinois Wrongful Death Act, 740 ILCS 180/2 states: “…every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person…” Illinois courts have defined “next of kin” as those blood relatives of the...

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