Happy New Year and welcome to 2019! The start of every year brings all sorts of changes to the State of Illinois. A new governor, new attorney general and new members of Congress in the Chicago suburbs. Also new to the state are several laws that took effect at midnight on January 1, 2019. In fact, the Chicago Tribune noted that more than 250 new laws are now in effect and on the book in the state. These laws effect everything from transportation and traffic tickets, to public safety initiatives involving car seats or even gun ownership. Included in this post are of some of the new laws that may affect your everyday life. Continue reading
As 2018 comes to a close, the American Association for Justice (AAJ) has released their annual “awards” for the worst corporate conduct of 2018. This annual report highlights some of the most egregious acts of corporate greed by misleading and taking advantage of consumers in an effort to maximize profits. The report also demonstrates how these companies will continue their often-predatory practices unless they are healed accountable by our justice system. AAJ is an incredible, non-profit organization aimed at protecting the rights of consumers while ensuring equal and fair access to our courts.
Given the current political climate, Washington seems unlikely to put people’s needs ahead of corporate wishes. Therefore, our civil courts are often the only way for Americans to hold bad actors accountable and change the way they do business. Here in Chicago, we are proud to represent and fight for people, not corporations and are equally proud of our successes against some of the very companies identified in the AAJ report. We have sumarized some of the most disappointing conduct in the AAJ report below: Continue reading
This January, Illinois Governor Bruce Rauner will depart the governor’s mansion having lost his bid for reelection. In one of his final legislative acts, Governor Rauner actually vetoed a bill that would help the families of veterans receive reasonable financial compensation for the deaths of their loved ones. Fortunately, on November 28, the Democratic controlled legislature overrode the Governor’s veto. Had this veto remained in effect, the compensation these military families would have received would have been limited to $100,000. Continue reading
In 2007, the Carlyle Group, one of the wealthiest private equity firms in the world, purchased ManorCare, the second largest nursing home chain in the country. A recent investigation by the Washington Post details how the purchase made ManorCare a for-profit business that prioritized financial return for investors at the expense ManorCare’s 25,000 patients. The results were devastating. As the Post investigation revealed, in the years following the purchase, health code violations rose by 26 percent. Serious violations, which can be categorized as issues placing a patient in “immediate jeopardy” increased by 29%. The nursing homes were chronically understaffed by nurses. This past March, ManorCare filed for bankruptcy.
Behind each of these violations is a human being with a real story. The Post investigation details several and each are heartbreaking. They include stories of patients left unclothed with visible bedsores and infections; limited mobility patients forced to walk unaided due to lack of staff who would fall and suffer fractures or brain hemorrhages; and patients who “were so poorly staffed that some residents regularly soiled themselves while waiting for help to the bathroom.” We all have loved ones who currently or in the future may require, skilled nursing care. It is vital for family members to have faith and trust in the care providers. The unacceptable situation at ManorCare highlights a scary trend where regulations failed, and actual harm resulted. Continue reading
If you have State Farm automobile insurance, check your policy. A recent investigation by a Louisville, Kentucky television station revealed alarming concerns: multiple policyholders are finding that they coverage they thought they had and thought they paid for was not in fact included on their policy. And subsequently, when the policyholders questioned State Farm about this discrepancy and demanded to see their policy documents State Farm claimed they signed, the policyholders found their signatures were forged.
Across television, radio and the internet, Illinois headquartered State Farm claims that “like a good neighbor, State Farm is there.” But this is a story where actions speak louder than words. If the allegations raised by WAVE3 News and a parallel lawsuit are true, the actions of Chicago’s corporate neighbor are anything but good. Continue reading
At Leopold & Associates, almost all of our cases deal with fighting insurance companies. Insurance companies are paid premiums to provide coverage, reimbursement and protection to people when things go wrong. We all know mistakes happen and we all also hope to be covered by insurance to help guard against the unforeseeable. Sometimes that can be reimbursement for medical expenses after a car accident or coverage for future medical care if a doctor makes a mistake. At its most basic, we carry health insurance to guard against catastrophic medical expenses such as a serious injury or cancer diagnosis. We count on the insurance that we, or an employer, pays for to cover those expenses. When an insurance company denies you coverage, trying to fight for your benefits you are entitled to while battling an injury or illness, can feel like fighting the weight of the world.
Last week, in a story similar tof John Grisham’s fictional book, and later movie, The Rainmaker, Aetna, one of the largest health insurance companies in the country was hit with a $25.5 million dollar verdict for denying lifesaving cancer treatment to an Oklahoma woman. As CNN reported, in 2014 Orrana Cunningham, was diagnosed with stage 4 nasopharyngeal cancer near her brain stem. Doctors wanted to treat the cancer with proton beam therapy, a common form of radiation. Aetna denied the claim arguing that this treatment was “experimental.” Orrana died of complications from the cancer in 2015 at the age of 54. Continue reading
Snow. Hardly surprising given that it is winter in Chicago. Once the snow covers the sidewalks, it can make daily routines such as walking to the CTA, Metra or bus more challenging. This is especially true when residents do not shovel their sidewalks. In Chicago, shoveling is not just the neighborly thing to do, it is also the law. Continue reading
One area of law that we often get many questions about is the quality of care a loved one receives in a nursing home or rehabilitation center. The concerns appear to be valid. As the New York Times recently reported, since 2013 federal records reveal that nearly 40% of nursing homes have been cited for serious violations of patient care. The Times article notes that “common citations include failing to protect residents from avoidable accidents, neglect, mistreatment and bedsores.” Sadly, the article also concludes that the government is not doing its part to appropriately monitor and enforce safety guidelines designed to protect patients. Continue reading
Yesterday, the House of Representatives passed major legislation repealing many important reforms created by the Affordable Care Act, commonly referred to as Obamacare. This new bill, was passed before many legislators had an opportunity to read the text, and before receiving any cost and coverage analysis by the non-partisan Congressional Budget Office (“CBO”). The bill fundamentally alters America’s health insurance system. The new law will impact approximately one-sixth of the nation’s economy and early projections from the scoring of previous bills estimate that as many as 24 million Americans could lose health insurance coverage. The law also affects other popular Obamacare regulations such as a ban on insurance companies placing lifetime caps on an insured’s care or denying of coverage for pre-existing conditions.
The attorneys at Leopold & Associates find many of these changes unconscionable. The impact on many residents in our Chicago community could literally be the difference between life and death. In addition to these concerns, we are also worried about proposals being floated within the new law that will substantially affect patient’s ability to seek justice when doctors or hospitals violate basic safety rules that seriously impact the patient’s life and the lives of their families. We are concerned about the effect on quality of care, quality of safety measures and the ability for a patient to seek fairness and justice against a medical corporation. But, as the saying goes, you don’t have to take our word for it. Recently, the highly respected New England Journal of Medicine published an editorial from doctors at Stanford University and Boston’s Brigham and Women’s Hospital highly critical of these proposed “malpractice reforms.” Continue reading
Our practice focuses on medical errors and their impact on our client’s lives and the lives of their families. Oftentimes, these cases stem from care received at a hospital or a doctor’s office. However, medical errors can happen in all branches of medicine. Today, we examine that quite literally by looking at medicine and the pharmaceutical industry. While we often take for granted prescriptions we receive from our local pharmacy, it seems as though there has been a recent increase in pharmaceutical errors that can sometimes lead to life-threatening problems.
This morning’s New York Times focused on one shocking tragedy; the trial of Barry J. Cadden. Mr. Cadden is the owner and head pharmacist of the New England Compounding Center. The trial stems from what the Times describes as “one of the worst public health crises in the nation’s history.” In 2012, a number of medications manufactured by the New England Compounding Center became tainted leading to an outbreak of meningitis and other serious infections. The outbreak affected more than 700 people and sadly killed 64 people. Hundreds of other patients now live with constant, terminal pain that affects many aspects of their everyday life. Continue reading