Illinois Personal Injury Lawyer Blog
The First District Appellate Court of Illinois held in Nakamura v. BRG Sports, LLC that a former NFL player’s personal injury suit against his helmet manufacturer stemming from a severe concussion the player suffered was allowed to proceed as there was an issue of fact as to when the player discovered his injury. The trial court initially dismissed the player’s action as being time barred by Illinois’ two-year statute of limitations for personal injury actions.
In August of 2013, Haruki Nakamura was taken to the hospital after suffering a severe concussion during a preseason football game while playing for the Carolina Panthers. Nakamura’s condition worsened following the concussion as he continued to suffer from extreme headaches, impaired cognition, and depression. Nakamura was eventually released by the Panthers and he was forced to retire from football. After his retirement, Nakamura filed a disability insurance claim in November of 2013 claiming that he was suffering from several post-concussive symptoms and that he was permanently disabled. During the course of litigation involving his disability claim, Nakamura was diagnosed as having chronic post-concussion syndrome. Nakamura then commenced a separate personal injury action in October of 2017 against the helmet manufacturer, Riddell, for negligence and strict product liability alleging that the helmet he was wearing at the time of the concussion was defective and failed to protect him from the head trauma that resulted in latent neurodegenerative disorder.
Under Illinois’ discovery rule, the statutory limitations period starts to run when a person knows or reasonably should know of his injury and also knows or reasonably should know that it was wrongfully caused. The trial court dismissed the personal injury action finding that Nakamura’s claims were barred by the statute of limitations because Nakamura knew of his injury at least two years prior to commencing suit. As evidence of Nakamura’s knowledge of his injury, Riddell directed the trial court to the disability claim litigation commenced in November of 2013 wherein Nakamura alleged he suffered a concussion and was permanently disabled in 2013.
Illinois is moving to a new phase in an effort to reopen the economy. As shelter-in-place orders are lifted and more cars are on the road, however, we must not forget to do our part to prevent car accidents.
Villa at Windsor Park is located at 2649 E 75th St in Chicago, Illinois, and is a large, for-profit nursing home. They have 240 certified beds and participate in Medicare and Medicaid programs. As of May 24, 2020, 143 cases of COVID-19 have been reported among residents and staff at Villa at Windsor Park, and, sadly, 33 residents have died.
Located in Hinsdale, Illinois, Manorcare of Hinsdale is a large nursing home with 202 certified beds. They are a non-profit nursing home and participate in both Medicare and Medicaid programs. Manorcare of Hinsdale is facing a major COVID-19 outbreak like other nursing homes in Illinois. Between residents and staff there have been 164 COVID-19 infections and 27 deaths as of May 23, 2020.
Bria of Geneva, a for-profit nursing home, is located at 1101 E. State St. in Geneva, Illinois. They participate in both Medicare and Medicaid programs and have 107 certified beds. Bria of Geneva, like many other nursing homes in Chicago’s western suburbs, is facing a major outbreak of COVID-19. Since April, 75 of their 91 residents and 37 of their employees have tested positive for COVID -19. Sadly, 24 residents–more than a quarter of all the residents at the facility–have died. Lawsuits have been filed and families want answers
Symphony of Joliet is a for-profit nursing home located at 306 N Larkin Ave. in Joliet, Illinois. They participate in both Medicaid and Medicare programs and have 214 beds. After learning the facility was facing one of the worst coronavirus outbreaks in Illinois, Joliet Mayor Bob O’Dekirk called for a state investigation into Symphony of Joliet. Since then, officials at the facility have said they believe the virus may have been spread by a maintenance manager who assembled dining tables in as many as 40 patient rooms, unaware that he had already been infected with coronavirus. As of May 12th, 2020, Symphony of Joliet had 127 cases of COVID-19, 24 resident deaths, and 2 staff deaths (including the maintenance manager).
Woodbridge Nursing Pavilion is a for-profit nursing home located in the Logan Square neighborhood of Chicago, Illinois. This large, 222-bed facility participates in both Medicare and Medicaid. Woodbridge Nursing Pavilion is one of many Illinois nursing homes facing significant outbreaks of COVID-19. As of May 23, 2020, 30 people at the nursing home have died due to COVID-19 and another 210 residents and staff have tested positive.
Peterson Park Health Care Center is a nursing home located at 6141 North Pulaski Road in Chicago, Illinois. It is a large, 196-bed facility–with for-profit ownership—that participates in Medicaid and Medicare. Like many other long-term care facilities across Illinois, Peterson Park is facing a major COVID-19 outbreak. 126 residents and staff have tested positive for COVID-19 and 17 people have died as of May 12th, 2020.
Alden Estates of Naperville is a for-profit nursing home located at 1525 Oxford Lane in Naperville, Illinois. They participate in Medicaid and Medicare programs and have 203 certified beds. They are one of many Illinois nursing homes facing a severe outbreak of COVID-19. As of May 23, 2020, a reported 91 residents and staff have tested positive for COVID-19 and 21 people have died.