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Jacksonville Illinois Nursing Home Sued

nurse_homeA Jacksonville, Illinois nursing home was sued by our Illinois injury law firm for causing the death of a patient. The suit was brought on behalf a Quincy, Illinois family in Jacksonville (Morgan County), Illinois.

Our suit claimed that the nursing home violated the Illinois Nursing Home Care Act and the Illinois Wrongful Death Act in causing a patient’s death. The patient had been in an auto accident near Quincy (Adams County), Illinois, and was initially treated at two area hospitals. She was then transperred to a nursing home.

The patient was breathing through a tracheostomy in her neck. Because of the severe injuries, she would pull at her breathing tube. On several occasions she was able to pull out this tube causing her to almost die. Instead of instituting one on one surveillance or wrist restraints, the nursing home used drugs and mitts. Both were found to be ineffective in stopping the resident from pulling off the breathing tube on several occasions.

Finally, the patient was found without her trache breathing tube inserted and died. Our suit claimed that wrist restraints or one on one supervision should have been used. Expert testimony from a nurse and family physician supported the claim.

In Illinois, all nursing homes must follow the Illinois Nursing Home Care Act which states that residents have basic rights and they cannot be the subject of neglect. Nurses must uphold the standard of care of acting as a reasonable careful nurse when attending to a resident at a nursing home. Too many times residents are just given an anti-anxiety drug and left uncared for. Sadly, this was the case here.

Damages for this conduct can include medical cost for treatment, funeral expenses, money damages for the pain and suffering of the resident up to her death, and losses to the heirs for loss of support, love and affection.

Our firm has handled many nursing home cases as well as medical malpractice cases. If you or your family have suffered because the nursing home neglect or medical error, please call us at 618-462-1077.

Gatorade Cape from lawsuit of Alton, Illinois Man Versus Gatorade

Alton, Illinois Man Versus Gatorade

Gatorade Cape from lawsuit of Alton, Illinois Man Versus GatoradeWWF&G recently obtained a settlement from Gatorade for an Alton, Illinois man.

Our client had purchased a bottle of Gatorade, when starting to drink it, noticed a foreign substance in the liquid resembling a thick gray cloud.

Fortunately, the client stopped ingesting the Gatorade and contacted WWF&G for assistance.

A claim was made against the manufacturer and an early settlement satisfactory to our client was achieved. If you encounter a foreign substance in your food or drink, it is advisable to preserve the product as evidence, as well as any other evidence to support your potential claim, such as a product receipt, packaging or photos of the evidence. If you feel ill as a result of consumption, you should seek medical attention promptly.

If you or your family or friends have had similar issues with food products, WWF&G is ready to assist @ 618-462-1077. Our firm has handled several similar cases, including the recent salmonella outbreak from Peter Pan, as well as numerous other food-borne illness cases.

flipped car shown from lawsuit where Jerseyville, Illinois Family Files Suit In Wrongful Death Action

Jerseyville, Illinois Family Files Suit In Wrongful Death Action

flipped car shown from lawsuit where Jerseyville, Illinois Family Files Suit In Wrongful Death ActionOn February 25, 2009 a Jerseyville, Illinois man was on his way to work when he was killed in a tragic accident involving a drunk driver, who was also killed in the accident. According to Illinois State Police, the drunk driver, age 32, crossed the center line and struck and killed the victim, age 55, on Route 3 near Godfrey, Illinois in Madison County. The victim was survived by his spouse and two children.

On July 22, 2009, the family filed suit against the estate of the drunk driver in Madison County, Illinois. The suit was filed pursuant to the Illinois Wrongful Death Act, and seeks damages including loss of support and loss of love, affection, guidance of a spouse and father. The lawsuit was filed by the Alton attorney Michael Glisson, of the law firm WWF&G.

The law firm of WWF&G are aggressive advocates for victims of drunk driving incidents. If you or your family has been injured by a drunk driver, please contact our firm for a free consultation at 618-462-1077 or visit our website.

Totaled Car used to Show Ways to Protect Yourself in an Auto Accident

Seven Ways to Protect Yourself in an Auto Accident

Totaled Car used to Show Ways to Protect Yourself in an Auto AccidentDid you know that over 2.3 million people were injured in car accidents last year according to the National Highway Traffic Safety Administration? When it comes to auto accidents it’s not a matter of if it will happen to you, but when it will happen to you. In order to protect yourself better, the St. Louis Metro East Law Firm of WWF&G has created a seven-step guide of better protecting yourself if you are a victim of an auto accident.

  1. Stop Your Car. It is the law to stop your vehicle after an accident. If you fail to stop you may subject yourself to criminal prosecution. Stop your car as soon as possible without further endangering any person or property, and without obstructing traffic.
  2. Safety First. Make sure that everyone is okay. Render aid to anyone in need. Call 911 for an ambulance or for police assistance.
  3. Take a Breath. Once the accident has occurred there is nothing you can do and to change the situation. It is better for you to keep your cool and make sure that all parties are okay. Remaining polite will ease the tension of the situation. Ultimately, you may be entitled to a recovery, but a jury is not going to want to help someone who acts inappropriately at an accident scene – accidents happen.
  4. Call the Police. You should call the local authorities to file a police report. Police officers are trained to handle situations that may result from or arise after an accident. Having a police report can help speed up the process of filing your insurance claim and provides more information for your attorney to file a suit or defend your case.
  5. Gather Information & Photos. While you are waiting on the police you should gather as much information about each driver, witness, vehicle, and location from the accident. If you happen to have a camera or camera phone be sure to take pictures of vehicle damage, license plates, injuries, and the location.
  6. Treat With A Doctor As Necessary. If anyone is injured, have them take an ambulance or see a doctor immediately. It is better to be safe than sorry. A delay in treatment can be treated negatively by an insurance company evaluating your claim, and ultimately a jury.
  7. Consult With An Attorney. To assure the best overall results from your incident you, consult a lawyer of your personal choice. Most attorneys will give you a free consultation on this type of case. Your insurance company will always be represented by trained adjustors or by an attorney, and they may take advantage of you.

If you or a family member has been injured in auto accident, please feel free to contact WWF&G for a free consultation at 618.462.1077. We handle numerous cases similar to yours, and deal with insurance companies on a daily basis. We will maximize your financial recovery while you maximize your recovery from injuries.

Zicam video for best zicam lawyer

Missouri Woman Injured Using Zicam Medication

After using Zicam for congestion, a Missouri woman suffered permanent loss of smell and taste. Her doctors attributed it to the use of Zicam.

The FDA has alerted consumers that Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Nasal Swabs, and Zicam Cold Remedy Swabs, Kids Size—–have all been associated with long lasting or permanent loss of smell. These products are marketed by Matrixx Initiatives and contain zinc.

Many people have complained of loss of smell with just one use of the product. Loss of smell is often associated with loss of taste. Further, loss of smell can lead to dangerous situations where there is failure to smell smoke, gas, or spoiled food products.

If you or family members have similar problems seek medical attention immediately from an ear, nose, and throat specialist; save the product, any container and receipt. Check with the FDA website for specifics.

Williamson,Webster, Falb and Glisson is currently representing clients who have been affected by the use of Zicam. WWF&G can provide legal representation in this type of claim, and will aggressively represent innocent victims affected by Zicam. For a free consultation, please call: 618-462-1077.

police car from lawsuit where Collinsville, Illinois Police Sued for Unlawful Search and Arrest

Collinsville, Illinois Police Sued for Unlawful Search and Arrest

police car from lawsuit where Collinsville, Illinois Police Sued for Unlawful Search and ArrestProblems with police arrests such as the one in Cambridge, Massachusetts (involving a Harvard professor), can occur in local towns such as Collinsville, Illinois. There, a couple living in a beautiful subdivision, were subject to an unlawful search and arrest.

The Collinsville police had come to the house because of a loud music complaint. The couple had music playing in the living room with the windows open. Their teenage son was having a birthday party in the basement.

When the couple asked the police what they wanted, the police stated they were there for a noise complaint. The police had stepped into the house without permission. The homeowners asked the police to step outside to discuss the matter. The police refused.

When there was a noise from inside the house, the police, despite the protest of the owners, proceeded to search the basement and arrested underage drinkers. In the process the parents were arrested for obstructing justice and resisting arrest. Both parents were injured by the police and taken into custody in handcuffs.

Fortunately, the State dismissed the charges against the parents. A federal lawsuit ensued where the parents claimed violation of their Constitutional Rights, battery, trespass, and false imprisonment.

In cases such as this, the police only have a right to enter a home if they have a search warrant or probable cause that a crime is being committed. No person can be arrested without there being probable cause that they have committed a crime.

Without a warrant or probable cause, citizens have the right to sue for damages for violation of Federal Civil Rights as well as for State claims for battery, trespass, and false imprisonment.

The law firm of WWF&G successfully represented this family, by filing suit, deposing the police officers involved, and moving the case towards trial. The case was settled out of court confidentially before a trial was necessary. If you or family members have had similar problems, WWF&G has the experience to determine if civil damages are available and to proceed with suit. Please contact us for a free consultation at 618-462-1077.

cell phone from case where Illinois Outlaws Texting While Driving

Illinois Outlaws Texting While Driving

cell phone from case where Illinois Outlaws Texting While DrivingThe federal government estimates that 30% of all vehicle accidents in the U.S. are caused by driver distraction. This includes not only talking on the phone, but texting as well. Text messaging, or texting, is a term referring to the exchange of brief written messages between mobile phones, over cellular networks. It is very common among teenagers.

The State of Illinois has taken appropriate action. The Associated Press reports that Illinois has outlawed texting while driving. Illinois motorists will be issued a ticket if they send a text message or read their messages while their car is moving.

The law will be controversial because it does not outlaw reading navigation systems, but does outlaw texting.

Drivers are allowed to check messages if they pull over to the side of the road or are at a standstill in traffic, for instance at a train crossing when their car is in park or neutral.

Governor Quinn signed the bill at a ceremony at Northeastern Illinois University in Chicago with Secretary of State Jesse White.

The law firm of WWF&G regularly represents clients who are injured as a result of driver distraction. During a deposition in one case, it was confirmed that the Defendant driver of a vehicle was arguing with his wife on a cell phone, when he ran a stop sign at 70 mph. Not only did he cause severe and permanent injuries to the Plaintiff, but he was killed in the accident.

The law firm of WWF&G takes a hard stance against drivers who ignore the safety of others. Many drivers will deny the use of cell phones during an accident. However, we regularly subpoena cell phone records of Defendant drivers to confirm or deny if the defendant driver was talking or texting at the time of an accident. If you or your family have been injured as the result this type of accident, please contact our firm for a free consultation at 618-462-1077.

waiting room from lawsuit where Quincy, Illinois Doctors Sued For Medical Malpractice In Heart Attack Death

Quincy, Illinois Doctors Sued For Medical Malpractice In Heart Attack Death

waiting room from lawsuit where Quincy, Illinois Doctors Sued For Medical Malpractice In Heart Attack DeathA Quincy, Illinois family brought suit for the death of their mother due to negligence of doctors. The mother had gone in for a colonoscopy at the Quincy Surgical Center—-she had low blood pressure due to the prep—-probably due to loss of fluid.

The colonoscopy went as expected, but the patient continued to have abnormally low blood pressure. She was discharged home without IV fluids. At home, she complained of chest pain and falling.

Eventually she was rushed to the Blessing Hospital with the low blood pressure and chest complaints. An EKG was abnormal as well as a blood test for heart damage. The ER doctor failed to recognize and treat this heart attack and then failed to call in a cardiologist timely.

Four and a half hours later, the patient died due to the heart attack without being treated by a cardiologist.

Suit was brought against the doctor for performing the colonoscopy for discharging the patient without stabilizing her vital signs; and against the ER doctor for not recognizing and treating the heart attack. It was thought that the low blood pressure prevented the heart from getting adequate blood causing the heart attack.

Suit is pending in Adams County, Illnois with WWF&G prosecuting the case.

WWF&G regularly handle medical malpractice claims in the state of Illinois and Missouri. As a testament to our competency, the majority of cases handled are at the referral of other attorneys. If you have any questions regarding medical mistakes, don’t hesitate to call for a free consult with WWF&G at 618-462-1077.

dogs fightiing from lawsuit where Brutal Dog Mauling Leaves Woman Disabled

Brutal Dog Mauling Leaves Woman Disabled

dogs fightiing from lawsuit where Brutal Dog Mauling Leaves Woman DisabledOn July 29th, 2009 it was reported that Krista K. Hall, a 56 year old woman, was trying to return her neighbor’s dogs back to his yard and was severely mauled. She lost an arm as a result of this attack. The two witnesses, Hall’s granddaughters, saw the dogs attack and quickly called 911. Hall’s daughter stated that if the two girls had not called 911 so quickly, she believes that her mother would have died from blood loss because one of the arteries in Krista’s arm was severed.

Hall’s doctor Aleeca Ford said, “There were over 50 bites or puncture wounds that had to be repaired with a couple hundred stitches.” This was not the first time that these two dogs, a Boston terrier and a boxer, had attacked someone. Less than a year earlier the dogs attacked 11 year old Anna Marie Rose De Stefano while she was playing in her yard. De Stefano’s father explained that if people had been doing their jobs right that the dogs would have been put to sleep after the first attack on his daughter, and Hall would not have had to go through what she did. Krista Hall is now in stable condition and will hopefully recover swiftly from her injuries.

Below are statistics put out by the Center for Disease Control and Prevention.

  1. Each year, 800,000 Americans seek medical attention for dog bites
  2. 386,000 people require treatment in an emergency department because of dog bites
  3. About 16 people die each year because of dog attacks.

The Illinois Animal Control Act provides that, “If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.”

A dog bite victim can get money for all of the following things:

  • Medical treatment
  • Future medical treatment for scar reduction
  • Psychological counseling
  • Loss of earnings from work or the victim’s business
  • Torn clothing and broken glasses
  • Pain and suffering
  • Future disability

Dog owners should always use a leash when walking a dog. Even is the dog had not displayed a propensity to bite, dogs and animals in general go through changes, such as hormonal changes, which cause them to bite or attack.

If you or someone you know has been injured by a dog, please contact the St. Louis Metro East law firm of WWF&G at 618-462-1077 for your free consultation. We recently resolved a minor’s case for $200,000.00 from a similar attack. You may be entitled to compensation. WWF&G is experienced in various injury cases due to animal attacks.

bicycle riders in Wood River, Illinois Sued by Bicyclist For Defective Street

Wood River, Illinois Sued by Bicyclist For Defective Street

bicycle riders in Wood River, Illinois Sued by Bicyclist For Defective StreetA cyclist successfully brought a civil suit for brain damages caused by a hole in Route 111 in Wood River, Illinois. She was riding her bike next to the road when witnesses testified that it appeared she struck a hole and flipped over the handlebars. She was unconscious at the scene and bleeding from the ears. The injuries have prevented the woman from living a normal life.

The roadway and adjacent gutter and concrete had several defects that would not accomodate bicycle riders even though bicyclists are intended users of roadways. Illinois law provides the same protections to cyclists as it does to vehicles. Illinois statute 625 ILCS 5/11-1502 provides as follows: Traffic laws apply to persons riding bicycles. Every person riding a bicycle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle. The Illinois Department of Transportation has an excellent website detailing applicable laws and safety precautions.

The woman was not wearing a helmet although it was unclear whether or not a helmet would have made a difference in these circumstances. Despite the fact that she was not wearing a helmet and had no memory of the event (because of the severe brain injury), a successful suit was brought. Illinois law does not require cyclists (or motorcyclists) to wear helmets and if the matter had gone to trial, a jury could not hold that against her.

Of other significance, suits against municipalities such as cities, are difficult and complex. Through the years, the state legislature has passed numerous laws making it difficult for injured persons to hold municipalities (cities, parks, schools…) accountable for their negligence. In Illinois, one difficulty is the fact that suit must be brought within one year of the injury (this is called the statute of limitations) as compared to suits against private businesses and individual homeowners where the requirement is two years.

The laws contain numerous immunities for a city preventing any recovery. For example, if the cyclist was riding in an area which was not intended for cyclists or not the purpose of the roadway, the city could be dismissed from the lawsuit.

In this case, the evidence and use of expert testimony was used to show that the immunities did not apply.

WWF&G has handled numerous bicycle accident cases, including accidents involving minors as well as product defects involving bicycles. We have also handled various types of injury cases against municipalities. Over the years, we have developed a network of information and experts to assist with these types of cases. For a free consultation call 618-462-1077.