Articles Posted in News

SEXUAL ABUSE AND SEXUAL ASSAULT

Sexual abuse and assault has become an epidemic in Illinois, and nationwide. At Goldberg & Goldberg, we have vast experience representing the victims of Sexual Abuse and Sexual Assault, as well other victims of predatory behavior. Our lawyers have represented victims of sexual abuse and assault at the hands of celebrities, artists, musicians, professional athletes, corporate CEOs, clergy, doctors, nurses, nursing home workers, day care workers and others in positions of power. At Goldberg & Goldberg, we become partners with our clients in the healing process and believe that part of our mission is to assist every victim of sexual abuse and assault on their healing journey.

SURVIVING R. KELLY PART II, THE RECKONING

Published on: March 22, 2018

Who is Liable in a Self-Driving Uber Accident?

The Atlantic published an article today in the wake of the accident that caused a pedestrian to be killed by a self-driving Uber vehicle in Tempe, Arizona. A link to that article can be found here. This is hardly the first incident involving a wrongful death at the hand of a self driving vehicle. In 2016 in Florida, a Tesla operating is auto-pilot mode struck another vehicle and killed the driver. The article asks the question, “What are the legal implications in accidents involving self driving car?” While the answer might seem obvious, there are quite a few factors that will impact the answer.

First, the article raises the point that this accident happened in Arizona which has declared itself open for business when it comes to testing and operating self driving automobiles. Arizona’s Governor signed an executive order in August of 2015 which required the Arizona Department of Transportation to take steps to support the testing and operation of self-driving vehicles on Arizona’s roads. An investigation into what Arizona did or did not do to make sure the roads were safe for self-driving cars and the general public needs to be investigated.

Obviously, UBER in this case, or whatever company owns the self-driving vehicle involved in the accident is the first place to investigate when it comes to determining who is at fault for an accident involving an autonomous vehicle. Other self driving-vehicle companies like Lyft, Waymo, Tesla, GM and Intel have set down roots in Arizona too. Since we know that 96+% of all automobile accidents are the result of driver error, this is the obvious place to start any investigation.

Published on: October 31, 2017

OPIOID CRISIS- AN EPIDEMIC. WHAT ARE YOUR LEGAL RIGHTS?

The opioid crisis has wracked our country. This epidemic has touched all four corners of the United States and has left no part of our nation untouched. Like the rest of the country, the State of Illinois, Cook County and the City of Chicago have been devastated by the disastrous affect opioids have had on the community at large, and on individuals and their families. The federal government and the State of Illinois has collected significant data that is nothing short of shocking. Between 1999-2014, the number of opioid overdose deaths tripled. In 2014 alone, 60.9% of all drug overdose deaths in America involved opioids. In the State of Illinois, overdose deaths involving opioids increased by 44% from 2013 to 2016. 80% of all overdoses fatalities in the State of Illinois in 2016 were related to opioids. Cook County and the City of Chicago have been particularly devastated due to the fact that this is the largest population center in Illinois. What does this mean?

There is no question that in a very short period of time opioid use and abuse has increased exponentially in America. From 1999 to the present the amount of opioid pain medication prescribed and consumed in the United States has quadrupled. Chicago has been flooded by opioid pain medications. Pill pushing doctors and complicit pharmacies and pharmaceutical companies have created a situation where patients who are prescribed these medications for legitimate medical conditions, become addicted and then are forced into a viscous cycle of abuse that often involves criminal behavior and ultimately death by overdose.

Some of the most common opioid medications include:

Published on: April 29, 2016

What’s The Relationship Between Abnormal PCO2 and Hypoxic Ischemic Encephalopathy in Infants?

A recent study published in Pediatric Reseach documents the relationship between abnormal PCO2 and unfavorable outcomes in infants suffering from hypoxic ischemic encephalopathy. The object of the study was to determine if hypocapnia could be correlated with adverse outcomes in infants with moderately severe to severe hypoxic ischemic encephalopathy.

The study utilized 234 instances of hypocapnia to determine if there was independent predictive value in data concerning abnormal PCO2 levels and abnormal outcomes for these children. The studies authors determined that there is independent predictive value in the relationship between hypocapnia and adverse and unfavorable outcomes.

The authors of the study determined that future studies of normocapnia will be important in determining the extent of the relationship between abnormal PCO2 and adverse outcomes in infants with moderately severe to severe hypoxic ischemic encephalopathy.

Published on: April 28, 2016

United States Supreme Court Defers Request To Make Exceptions To The Feres Doctrine In Birth Injury Case

The Supreme Court of the United States has deferred action on a petition to hear a case involving a child who was brain injured at birth during labor and delivery at Evans Army Community Hospital in Colorado. Critics of the Feres Doctrine hoped that the Supreme Court would use this opportunity to clarify and make fair the controversial doctrine. The Feres Doctrine was articulated in Feres v. United States, 340 U.S. 135 (1950). Justice Robert Jackson, writing for the court, wrote the opinion which held that the United States is not liable under the Federal Tort Claims Act for injuries that active members of the military experience due to the negligence of other active members of the military.

Isabella Ortiz was born in 2009. Her mother was a Captain in the United States Air Force. During the planned caesarian section delivery Capt. Ortiz was given a medication to which she had a known allergy. As a result, her mother’s blood pressure dropped which caused Isabella to suffer hypoxic ischemic encephalopathy. The lack of oxygen to her brain caused her to sustain brain damage. As a result, she cannot walk on her own and needs assistance at school.

Her claim was originally filed in Federal Court in Colorado where it was dismissed because the court found that Isabella’s injuries flowed from conduct that was “incident” to military service. The 10th Circuit Court of Appeals also denied the claim, applying the genesis test to the Feres Doctrine and ruling that Isabella’s injuries were directly related to her mother’s injuries making Feres directly applicable.

Published on: April 15, 2014

Neonatal Encephalopathy and Neurologic Outcomes – Revised Criterea from ACOG

In 2003 the American College of Obstetricians and Gynecologists(ACOG), along with the American Academy of Pediatrics, published Neonatal Encephalopathy and Cerebral Palsy: Defining the Pathogenesis and Pathophysiology (“NEACP”). This monograph became more commonly known as “the Green Book” and it has been roundly criticized as an attempt by its authors to use “junk science” to create hard an fast “essential” criteria to diffuse obstetrical malpractice claims against Ob/Gyns. In the more than 10 years since its publications its authors have backed off the allegedly essential nature of its core criteria and physicians have been forced to admit that factors like cord blood ph levels above 7.0 can still occur in births where the fetus experiences perinatal asphyxia that is the result of negligence.

Recently, ACOG published an update to the Green Book titled Neonatal Encephalopathy and Neurologic Outcome, Second Edition. This update changes some of the so-called “essential” criteria that expert witnesses have relied upon to defend causation in birth injury cases.

The update defines Neonatal Encephalopathy as a clinically defined syndrome of disturbed neurologic function in the earliest days of life in an infant born at or beyond 35 weeks of gestation, accompanied by early onset seizures and difficulty initiating and maintaining respiration and depression of fetal tone and reflexes. The update relaxes the criteria which obstetricians and pediatricians feel demonstrate the likelihood of peripartum or intrapartum ischemia playing a role in the pathogenesis of neonatal encephalopathy.

Published on: February 6, 2013

Goldberg & Goldberg Files Wrongful Death Case On Behalf Of 91 Year Old With Alzheimer’s Disease Who Froze To Death Outside Retirement Home

On February 6, 2013, the Chicago law firm of Goldberg & Goldberg filed a wrongful death case on behalf of the Estate of Genevieve Klimczak who died on February 12, 2012. Ms. Klimczak was a resident of McHenry Villa, a self described “retirement community” offering 24 hour a day security…”so residents can leave the worries of living alone behind them.” McHenry Villa and Home Instead, Inc. have been named as defendants in the lawsuit. McHenry Villa is located at 3516 W. Waukegan Road in McHenry, Illinois.

On February 12, 2012, Genevieve Klimczak a 91 year old resident of McHenry Villa with Alzheimer’s disease was allowed to elope from her room at McHenry Villa and walk out of the building through a self-locking door that could not be opened from the outside. Ms. Klimczak’s body was found the next morning by employees of McHenry Villa. The temperature overnight was as low as 7 degrees Fahrenheit. At the time, Ms Klimczak was being attended by caregivers from Home Instead, Inc. Ms. Klimczak is survived by her nephews, Donald Lorenz and John Lorenz, and her niece, Evelyn Marthalar.. Mrs. Klimczak was a lifelong resident of Chicago.

Published on: May 1, 2012

Neurological Injuries Related To Humira Use

Abbott Laboratories best selling drug, Humira, has been linked to a host of serious side effects, including severe neurological injuries. Abbott’s is on track to sell $15 billion worth of the drug per year by 2015. Abbott already expects to sell close to $10 billion worth of Humira in 2012. Humira is used to treat a variety of rheumatological conditions, including, Rheumatoid Arthritis and Ankylosing Spondylitis as well as Crohn’s disease.

In 2009, Abbott included the following warning in the package insert for Humira under section 5.5 titled, Neurologic Reactions:

“Use of TNF blocking agents, including HUMIRA, has been associated with rare cases of new onset or exacerbation of clinical symptoms and/or radiographic evidence of demyelinating disease. Prescribers should exercise caution in considering the use of HUMIRA in patients with preexisting or recent-onset central nervous system demyelinating disorders.”

Published on: February 24, 2011

Tort Reform And The Imagined Health Care Crisis

This blog entry comes courtesy of the President of the Illinois Trial Lawyers Association and was published in the February 24, 2011 edition of the Belleville News Democrat:

It is once again time to set the record straight with your editorial board. There was never a health care crisis in this state and there were no “jackpot justice conditions” that caused doctors to flee Illinois.

Your editorial board and the president of the Illinois State Medical Society (ISMS) have chosen to ignore important facts when it comes to medical care access in this state. Over the years, we have consistently increased the number of physicians in our state. That’s right. The American Medical Association data reflects increases for each of the last 45 years. Clearly not a climate of doctors leaving Illinois or retiring early.

Funny how it used to be, for years, ISMS would falsely claim doctors were fleeing our state and that we already had a shortage of doctors because of fabricated “jackpot justice conditions.” As the data has failed to support that claim, the dialogue now shifts to an attempt to create a “future crisis”. In fact, a recent survey – funded in part by ISMS – clearly demonstrated oversaturation of physicians in the largest populated area of our state. That’s correct – more than enough doctors in the greater Chicagoland area.