Chicago Wrongful Death Lawyer Blog

Pamela Hoppe of Illinois wanted to lose weight so she signed up for a program with L.A. Weight Loss Center in 2004 and began to take diet supplements. According to the wrongful death lawsuit L.A. Weight Loss Centers recommended a diet and dietary supplements. However the Food and Drug Administration ("FDA") does not regulate these supplements. After taking the supplements Hoppe went to Gateway Regional Medical Center complaining of nausea, abdominal fullness and jaundice. She died from liver failure a short time later.

Her administrator filed an eight count lawsuit in Illinois including a count for wrongful death. The estate is seeking voer $50,000 per count and it looks like the parties are close to settling this case. According to her lawsuit L.A. Weight Loss recommended supplements that were not properly tested for safety, failed to warn Hoppe of risks of the supplements, and did not exercise proper quality control.

If there is ever a case that proves you should always get a second opinion regarding medical care this case is it. The Estate of Juan Blanco filed a wrongful death lawsuit against the County who owns the hospital that treated Mr. Blanco after he was diagnosed with cancer given years of radiation and other treatment for the cancer and it turns out he never had cancer. The problem for Blanco started in 2001 when he arrived at the emergency room at Kern Medical Center after suffering a seizure. Doctors there believed he had a cancerous brain tumor and did emergency surgery followed by two months of radiation. The problem was the diagnoses was wrong according to the lawsuit.

Blanco endured almost six years of constant suffering when he collapsed and was rushed to Stanford University Medical Center. Doctors at Stanford told him that all the treatment he received was in error and he did not have cancer and never had cancer. The doctors said Blanco suffered a minor stroke and did not have a tumor or cancer. In a continued remarkable series of events Blanco was taken back to Memorial Hospital in late 2007 suffering from another seizure, and the doctors there told him they needed to resume cancer treatments.
Blanco died in July 2008 from a cerebral hemmorhage and the family claims it was on the spot of the radiation.

"He was like a guinea pig for them," Poot said. "They didn't really know what they were doing.

The estate of Shelia Regal who was killed in a motorcycle crash filed a wrongful death lawsuit against the estate of James Williamson the motorcycle driver. According to published reports, Regal was a passenger on Williamson’s motorcycle when the motorcycle attempted to pass a pickup. The motorcylce collided with a Chevrolet Camaro driven by 19-year old Kevin Howard causing Regal and Williamson to be thrown over the Camaro. Both were pronounced dead at the scene. When a motorcylce collides head on with an automobile the results are usually fatal.

In what are typical allegations for a wrongful death lawsuit, the allegations says that Williamson was negligent in how he drove the motorcycle, and that Regal could have earned another $750,000 in her lifetime. The amount paid in this type of lawsuit is usually the amount in insurance coverage.

The estate of Jewel Lane filed a wrongful death lawsuit against the nursing home that they say caused his death by allowing him to escape. According to the lawsuit, Lane was admitted to defendant Maryville Manor's nursing home on March 24. Obviously when someone enteres a nursing home they are not in the same mental and physical shape as they once were. According to details in the lawsuit on April 7 Lane was allowed to leave the nursing home and surrounding grounds unattended. According to offical reports Lane died on April 7 because of exposure to the elements, pulmonary arrest and hypothermia.

The lawsuit filed in Illinois, seeks damages for financial support, affection and companionship as well as for medical expenses. The lawsuit also alleges the nursing home employees failed to properly supervise Lane to prevent him from leaving the nursing home, failed to provide adequate staff to prevent him from leaving the nursing home unattended, failed to protect him from neglect, failed to timely notify his physician of changes in his condition and failed to assure his environment was free of hazards.

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Felita Dowdy, a young 33 year old woman suffering from cerebral palsy went in to the dentist to have teeth extraction surgery and unfortunately, she never came out alive. Her estate filed a wrongful death lawsuit against the dentist Dr. Bruce Lish and St. Luke's Hospital. The lawsuit alleges among other things that a dose of fentanyl painkiller given to Dowdy by the dentist may have contributed to her going into cardiac arrest during surgery. Fentanyl is 100 times more powerful than heroin and many times is only prescribed to patients suffering from severe pain.

Once Dowdy went into cardiac arrest she was taken to the hospital with a brain injury. At this point it is unclear what caused the problem with the surgery. It may have been a combination of the Fentanyl or a surgical mistake. Once Dowdy was taken to the hospital, the lawsuit alleges that she wasn't given the proper care and monitoring which also let to her death.

Joseph Hostetler filed a wrongful death lawsuit against David R. Leeper and Kenneth Fletcher on behalf of his 40-year old wife who was killed along with two others in a firey wreck involving a grain truck. According to the lawsuit Hostetler was driving her minivan when Leeper's grain truck lost its left rear tandem forcing Leeper to steer it onto the shoulder of the highway. Hostetler's van struck one of the tire and wheel combinations that was laying in the road causing the van to overturn and the van eventually landed on its roof.

Mrs. Hostetler and passengers Chester Gingerich and Perry Gingerich were all pronounced dead at the trucking accident scene. Mr. Leeper along with three other passengers in the minivan were injured. You can see how important it is that people properly maintain their trucks and cars. This was a tragic accident the occured because the truck was not properly maintained and many lives were ruined as a result.

“There’s a lot of requirements that have been enacted over the years,” he said. “One of the things that farmers do not have any exemption from is maintenance of the vehicle.”

Kevin Benes' family filed a wrongful death lawsuit against Michael Bourdage who was indicted on two counts of aggravated drunken driving in the car accident that killed Benes. According to the lawsuit Bourdages truck slammed into Benes' car killing him. Bourdage has pleaded guilty to more than a dozen traffic, drug and alcohol offenses in Will County, including a drunken driving charge in 2007.

This is a good example of someone minding their own business and being in the wrong place at the wrong time. It is important to hold those responsible for the death of someone else. When people are driving drunk or under the influence of drugs, they present a danger ton themselves and to the public. The unfortunate thing about a case like this is that the only available asset may be the insurance policy if the driver was insured. Many times, irresponsible drivers will have low insurance coverage or no coverage. It is also possible to recover through your own policy under the underinsured provision. It is therefore important to make sure you keep high limits on your underinsured policy.

Destinie Martinez was seven years old and had undergone multiple surgeries for a known heart defect when he passed away in 2007, after collapsing during physical education class at Doña Ana Elementary School. Her mother, Candi Martinez, filed the wrongful death lawsuit alleging the school allowed an ill child to participate in physical activity and was negligent in its efforts to provide emergency medical attention when the child became sick. Destinie became ill at school and, after being allowed to sit out of class began vomiting.

With the many deadly germs and virus' spreading throughout the schools these days, school officials should be extra cautious when someone becomes ill. In this case the school should have taken the illness more serious and provide immediate medical help. It is such a tragedy that a young life was lost. Wrongful death statutes are survival statutes and have strict time limits which must be followed. It is very important to discuss a potential case early to receive the best advice.

A $100 million wrongful death lawsuit claims Janice and Kenneth Berg died after their 2009 Toyota Camry’s throttle malfunctioned resulting in the car to accelerating and crashing into a utility pole. Months after the death of his parents Hall received in his mother’s mail a letter from Toyota to inform her that the gas pedal of her Camry could get stuck on the all-weather floor mats, causing a dangerous situation. Toyota ended up recalling 6 Million U.S. Cars because of problems with the throttle.

According to documents filed in the wrongful death lawsuit Toyota attempted to cover up the dangerous defects in many of its vehicles, first blaming driver inattentiveness in April 2009, then the floor mats months later. This type of behavior is outrageous. The fact that a large corporation would put the lives of consumers at risk so they could save a few dollars is obscene. Automobile accidents involving defective products are more common that one would think. This is a good example of why problems with automobiles should not be dismissed and if you are involved in a car accident you should inquire as to whether there is a problem with the equipment on the car.

“Subsequently, it has been allegedly discovered that Toyota was aware of problems with gas pedal sensors, causing sudden vehicle acceleration in many of its vehicles as early as March 2007, the lawsuit claims.

Former public works employee Denis Keenan died in January 2005 after his sweatshirt caught in a shaft at the back of a truck as he unloaded salt after a day of plowing snow. An autopsy determined Keenan died of asphyxiation by compression and his death was ruled an accident. His estate settled the wrongful death lawsuit for $500,000 and both parties can now move on with their lives.

A 2005 state report on the death of Keenan found the city's failure to replace a safety guard on the salt spreader, combined with a too-long mechanical shaft, were direct causes of Keenan's death. Keenan, a father of two, had worked for the city for about a year when he was killed.
After his death, Keenan's widow sued the company that made the alleged unsafe salt spreader that Keenan was working with. Many times in wrongful death lawsuits there are multiple defendants.

The city of Philadelphia, Chad Youth Enhancement Services Inc., and its parent company, Universal Health Services Inc, settled a wrongful death lawsit filed by the estate of Omega "Manny" Leach for $10,500,000. According to allegations in the lawsuit Leach died in June and his death was avoidable but for the negligence of the defendants.

Leach's death was the second such incident at the facility. According to documents prodcuded in the lawsuit Leach was being choked by an employee of the facility, Mr. Rae. A nurse who arrived on the scene reportedly found Leach was not breathing and did not have a pulse. He dies shortly thereafter. The facility had a duty to protect the young man from this type of activity and should have been better supervised.

The estate of a woman shot to death by Kansas City police officers filed a wrongful death lawsuit against the officers and the Board of Police Commissioners. Details of the lawsuit claim that police fatally shot Linda Friday inside her south Kansas City home. Two police officers arrived at Friday’s home after she dialed 911 and asked for an ambulance. After asking for the ambulance she hung the phone up. One of the police offices knew Friday had mental problems because of an earlier incident.

When the police arrived at the house they were greeted by Jason Friday and informed his mother did not need an ambulance. The officers then went to Linda Friday’s bedroom and she told them she didn’t need help and asked the officers to leavet. The problem escalated when a police officer turned off the stereo and Friday became agitated and pulled out a firearm. The police then fired and killed her.

The estate of football player Atlas Fraley filed a wrongful death suit against James Griffin the paramedic who treated him after he was suffering from cramps and dehydration. Fraley played football for Hill High School. According to details in the lawsuit Fraley was treated by paramedics and taken to his home instead of a hospital. Once home the 17-year-old called 911 and told an operator he was suffering from cramps and dehydration.

After the death the Orange County EMS filed a report stating that Griffin violated protocol. This type of death is completely preventable and should not have happened. The company that employed the paramedic should have had better command and control over what was going on.

Amanda Landis alleges in her wrongful death lawsuit that Livingston County sheriff's deputies used excessive force during their arrest of her father, Charles Keiser. As a result of his arrest Keiser died. According to the lawsuit officers held Keiser face down in a swamp while he was restrained and Tasered during an arrest attempt. Officers were trying to arrest Keiser after he was driving a bulldozer on the highway.

The police have a different version of events as they claim that they tried to pull Keiser's face out of the water, but Keiser resisted and pushed his face deeper into the water. It will be up to a jury to decide which side to believe. There were no criminal charges brought against the deputies. The county and Landis reached a $750,000 settlement last fall. One has to ponder the question as to why the county would pay so much money if it felt is was in the right.

A lawsuit was filed against Toyota for wrongful death after a crash involving a 2009 Toyota Corolla driven by Trina Harris. The estate of Trina Harris, who was killed when her Toyota Corolla suddenly accelerated and crashed in December 2009 alleges Toyota new about the defect. The estate is suing Toyota and the gas pedal’s manufacturer, and the Toyota dealership where Harris had leased the car.

It was very tragic as Harris was killed instantly when her Toyota Corolla drove through a stop sign and slammed into a concrete wall. The car was a 2009 model and you just don't expect to have mechanical problems when you purchase a new car. Of course now Toyota is recalling the vehicles and hopefully future tragic automobile accidents will be avoided. Trina is survived by a loving husband and two beautiful daughters.

The family of Robert Roming was awarded $3.6 million in a wrongful death lawsuit that resulted when Roming was crushed to death after his truck was overloaded with propane cylinders. This truck accident could have been avoided. The jury verdict was a clear indication of who was at falut. According to details at trial, Roming was crushed to death after a load of propane cylinders fell on him while he was trying to offload his truck during a delivery. The defendant in the lawsuit was Worthington Cylinder Corp.

A loader who worked for Worthington testified that he saw that the truck was overloaded and thought Roming may be in danger as a result. The lawsuit alleged the company disregarded safety in order to maximize profits by geting as many propane tanks in the truck as fast as possible. This type of behavior by companies is not acceptable. At least the jury saw what really took place here and did the right thing.

Robert Redfern the husband of Bertilia Redern who was killed in a traffic accident almost a year ago was awarded $620,000 in a wrongful death lawsuit against Cody Stevens who has admitted causing the crash. According to details of the lawsuit Stevens admitted to swerving into the southbound lane, causing Redfern to swerve and lose control of her vehicle which was then struck by a northbound truck. Bertilia Redfern was pronounced dead at the accident.

Stevens filed for bankruptcy protection and it is unclear if any money will actually be collected in this case. Usually, at least the insurance policy limits will be collected. This was a tragic case and illustrates the problems that can occur during a lawsuit--in this case the defendant filing for bankruptcy protection. Automobile accidents are many times life changing events and getting closure at trial or through settlement can many times help the healing process.

Lakeisha White an 11-year-old girl was killed when struck by a sheriff’s cruiser and her estate settled a wrongful death lawsuit with Rutherford County for $220,000. These types of cases are very difficult from an emotional standpoint. Many times the surviving parents just want closure and can't bear the thought of going to trial and hearing all of the details of their childs death. Although this amount may seem small given the girls young age, it also provides some closure to the parents.

Car accidents are the leading cause of death to young children. The police many times get caught up in catching the bad guys and responding to calls and forget that the streets and sidewalks are filled with innocent people. It makes no sense to kill innocent people while trying to catch small time criminals. In this case, the death of a young girl was caused by negligence and poor police training.

Potter County will pay $400,000 to settle a wrongful death lawsuit filed by the estate of a mentally challenged person who died in the jail. Michael Dick was diagnosed with paranoid schizophrenia and generalized anxiety disorder in 1999. He had been sentenced to eight years' probation in 2000 as part of his conviction for intoxicated assault with a motor vehicle. Dick's attorney sent a notice to the county jail warning jail officials of his mental condition, and that he required special attention at the jail. Later he was arrested for a probation violation and taken to a hospital and discharged to county custody, with orders to return if he experienced abdominal pain, dizziness or fainting.

According to court documents Dick never returned to the hospital despite experiencing the symptoms. Jail staffers removed Dick from his prescribed Xanax, allegedly causing withdrawal and he suffered a seizure causing him to slip and fall and hit his head. At that point he should have been taken to the hospital to receive medical treatment but was not. The jailers reported Dick claimed to hear voices and acted erratically and he was found dead in his cell a short time later. In a twist, a county-ordered autopsy revealed he died of a perforated ulcer. But a private autopsy ordered by his family also indicated he received traumatic injury to his abdomen while in custody

Bicyclist Thomas Hoskins's estate settled his wrongful death lawsuit for an undisclosed sum of money. The second person riding a bike who was killed in the accident, Lee Anne Barry, had her estate settle her wrongful death lawsuit for $2.5 million. The amount that either side could have been awarded at trial and paid was $55 million. The driver of the vehicle Sharon King was not company time at the time of the accident but was in a company owned vehicle and the company had insurance coverage in the sum of $55 million.

According to court documents the bicyclists had the right of way and there was little other traffic on the road when King was using her cell phone and hit both of the bicyclist killing them. As a result of this case, laws were passed making it illegal to text and use the cell phone while driving an automoble. Car accidents are the leading cause of death to bike riders.

“This case stands for the proposition that electronic distractions while driving — whether it’s cell phones, iPods or whatever — are deadly distractions that can lead to terrible tragedies,” Harpootlian said.