personal injury

As Nursing Home Needs Grow, Elder Abuse and Neglect Follow

May 11, 2018 | John Risvold

By 2050, people age 65 and older will make up 20% of the total U.S. population. The fastest growing group of American’s are those 85 years old and up. According to the last census in 2010, there were 5.8 million age 85 or older. By 2050, it is estimated that there will be 19 million people aged 85 years or older. Moreover, 1 in 8 people age 85 or older resides in a nursing home or long-term care facility. As the need for skilled nursing home care grows, so does the rate of elder abuse and neglect.

As the population ages, more and more Americans are needing long-term medical care. Annually over 8 million people receive support from the following long-term care services:

1. Home health agencies (4,742,500);

What You Should Do If You Slip and Fall in a Store

May 10, 2018 | John Risvold

Slip and fall accidents in stores or restaurants can be more than just embarrassing, they can lead to very serious injuries. These falls can be caused by uneven surfaces, dangerous flooring materials, or spills on the floor. Stores and restaurants have an obligation to keep you safe from dangerous conditions on their property. Many times, the restaurant or store knew about the dangerous condition that caused your fall but did nothing to keep you safe.

If you slip and fall in a store or restaurant, here is what you should do to make sure that you are protected:

Call an Ambulance or Seek Medical Attention

Are Surgery Centers Safe? New Studies Say They Are Not

May 9, 2018 | John Risvold

An investigation by the USA Today Network and Kaiser Health News has uncovered evidence that more than 260 patients have died since 2013 after outpatient procedures at surgery centers across the country. Dozens of people – including children as young as two – have died after routine operations, such as colonoscopies and tonsillectomies.

The investigation revealed:

· Surgery centers have dramatically expanded their business by taking on increasingly risky surgeries. The results have been tragic. Investigators found that at least 14 patients have died after having spinal surgeries that were typically reserved for the best hospitals and surgeons.

Why Won’t the FDA Protect Women by Banning Essure and Pelvic Mesh?

May 8, 2018 | Shawn Collins

Apparently, once a medical device gets approved by the FDA to go on the market, it is almost impossible to take it back off, even if the device has proven to be dangerous or even deadly, according to Michael Carome from the public watchdog group Public Citizen. In fact, the FDA has only withdrawn a total of two products from the market, ever.

This incomprehensible situation is proving injurious and even fatal for some women. One group of these women, known as E-Sisters, are women who have been implanted with the permanent contraceptive device called Essure. In 2017 alone, the FDA received 12,000 reports of adverse effects from women with Essure, ranging from bleeding, bloating, and pelvic pain to rashes, tooth loss, joint pain, and fatigue associated with an allergic or autoimmune reaction. Madris Tomes, a former FDA analyst, tracked more than 26,000 total adverse reports about Essure, including eight deaths. In addition, there may be as many as 32,000 more complaints made to the manufacturer of Essure that were never officially reported to the FDA.

Shortly after Essure went on the market, independent research began challenging the safety and efficacy of the device. One study found that women who had Essure needed follow-up surgery ten times as often as women who had their tubes tied. And the surgery to fix the problem is not a simple one. In fact most surgeons recommend a hysterectomy as the best way to remove Essure.

7 Ways to Avoid Backyard Dangers

May 2, 2018 | John Risvold

As summer approaches and children finish school it’s important to check your yard to make sure that it is free from serious hazards that could injure children. Some of the most common backyard hazards include playsets, zip-lines, trampolines, and fire pits. These quick steps will help you make sure that your backyard is safe and fun for the summer:

1. Survey your yard for safety hazards 2. Check play structures like playsets, treehouses, zip-lines, and trampolines for wear and tear, if they look unsafe, they probably are. 3. Use caution when grilling or having bonfires. Flames can spread quickly and cause serious injuries. 4. Always supervise children playing or hanging out in the backyard to make sure they are safe. 5. Never start a fire without an adult present. 6. Use all play equipment properly – don’t stand on swings, jump off of trampolines, or jump out of trees. 7. Make sure that all play structures have proper safety equipment and instructions on how to properly use the structure.

Safe and fun backyards will make your summer more enjoyable. If you or a loved one have been injured as a result of a dangerous condition in a backyard or at someone’s home, the attorneys at The Collins Law Firm have experiencing helping victims just like you. Contact us today to learn how we can help.

Choosing Brains over Brawn: School Districts Replace Tackle Football Program with Flag Football

May 1, 2018 | Shawn Collins

Last week, in a surprising but welcome move, Naperville’s School District 203 announced that beginning next year, the middle school tackle football program will be replaced with flag football. Naperville’s School District 204 made a similar decision earlier in April. The announcements came after several seasons of decreasing participation in the sport and growing parental concern about their children’s safety, particularly with regard to concussions.

The personal injury lawyers at The Collins Law Firm applaud this decision. For a while now, we have been following the discussions surrounding football and the emerging studies on the long-term health effects of sustaining concussions, and we feel that it is time to take action to protect children.

Moved by a similar concern for children’s safety, Illinois state representative Carol Sente proposed the Dave Duerson Act in January of this year. Under her bill, children under 12 would be barred from playing tackle football. The bill is named for former Bears standout, Dave Duerson, who was diagnosed before his death with chronic traumatic encephalopathy (CTE), a degenerative brain disease linked to repeated head trauma.

Partner Shawn Collins Earns Lifetime Achievement Award from America’s Top 100 Attorneys

April 30, 2018 | The Collins Law Firm, P.C.

The Collins Law Firm would like to congratulate founder and partner, Shawn Collins, for being nominated for a Lifetime Achievement honor as one of America’s Top 100 Attorneys for Illinois. Less than one-half percent of attorneys in the United States will receive this prestigious award. Shawn will join an elite list of nationally recognized lawyers from around the country, which includes many current and former presidents of major bar associations and attorney groups, and some of the best lawyers in Illinois. Only 100 attorneys in a state can hold the lifetime achievement award, and they are selected through a rigorous process.

Candidates for membership as one of America’s Top 100 Attorneys are initially nominated by elite peers or identified through third-party research. Nominees must then pass through a multi-phase screening process that includes more third party research and complex analysis that includes an attorney’s lifetime legal achievements, professional experience, case results and verdicts, peer reputation, client satisfaction, other honors and community impact, before being selected.

Shawn is honored to be included among the elite lawyers who have accepted a lifetime Achievement honor as one of America’s Top 100 Attorneys. As Shawn says: “My selection as a Top 100 Attorney is a great honor, of course, but one that must be shared with my wife and daughters, law partners, associates, and staff, as nothing I have accomplished as a lawyer would have been possible without their support and professionalism.”

How to Hire the Right Lawyer for Your Case

April 25, 2018 | Shawn Collins

Choosing a lawyer when you or your business have been injured by another individual or company can feel like driving a car in a new city without GPS. You don’t know where to turn or what to look for. It can feel almost impossible, especially if you don’t know any lawyers. Many people ask friends or business acquaintances for recommendations, which can be a good start. Others turn to the internet to begin a confusing and daunting search. Either way, the consequences of choosing the wrong lawyer can be catastrophic. So, what do you need to know? What qualifications are you looking for? How do you know who to trust? How do you know the lawyers are good at their job? Here are some important things you need to consider when looking for the right lawyer to represent you.

Does the lawyer have experience? To be precise, this question should be worded: Does the lawyer have the right kind of experience? Look on the law firm website. Do they list your type of problem on their practice area page? What areas of the law are emphasized? Do they have a page that covers the issues involved with your kind of case? Do the lawyers’ profiles talk about working on your kind of case? This is important. The law is very complicated and it isn’t possible for a single lawyer to be able to handle every type of case well. Most lawyers concentrate in specific areas of the law. If a lawyer does mainly banking, for example, then she may not be the right choice for a personal injury case, and vice versa. If you have an environmental case, you will need an environmental lawyer. If you have a business litigation problem, choose a business litigation lawyer, and so on. In addition, check out whether the lawyer is a defense lawyer or a plaintiffs’ lawyer. And finally, ask the lawyer directly if he or she has experience handling your kind of case.

What kind of qualifications does the lawyer have? Start with his or her education. Research the law school he or she attended. Is it well regarded? Does the lawyer have other relevant education? An accounting degree, for example, can be very useful if you have a case with lots of business financials involved. Has the lawyer taught law school; written books, articles, or blogs on a certain area of the law; or created videos on specific legal topics? All of these things help to prove that a lawyer is qualified to handle your case.

How to Select a Nursing Home for Your Loved One

April 17, 2018 | John Risvold

As the population in the United States continues to age, it is estimated that there will be 19 million Americans over the age of 85 by the year 2050. Currently 1 in 8 Americans reside in a long-term care facility or nursing home. This doesn’t even factor in the number of people who need short-term stays in nursing homes for rehabilitation or following medical procedures or injuries.

The choice of a nursing home is an important one. In 2002 the New York Times reported that Federal studies showed that nearly 90% of nursing homes were understaffed and lacked the capabilities to handle the number of patients in their facilities. Since this 2002 study, many facilities still remain vastly understaffed.

Additionally, sadly, nursing home abuse and neglect is more common than one might think. From unwitnessed falls, dehydration, and malnutrition, to pressure ulcers, nursing homes without adequate and well-trained staff can cause serious injuries or even death for residents.

Synthetic Marijuana Responsible for Killing Three, Sickening Many More in Illinois

April 12, 2018 | Shawn Collins

It’s been mere months since an Aurora shop owner, a distributor and an Iowa manufacturer were sentenced to jail for furnishing the synthetic marijuana which killed a young man, but “fake” marijuana is back in the news again, this time responsible for killing three people and sickening more than 107 others in Illinois.

We represented the family of the young man from Aurora in a lawsuit against the people responsible. As a result of his case and others, the governor and Illinois legislature passed an amendment to the state’s Controlled Substance Act last spring, aimed at stopping the sale of synthetic marijuana. So, how are synthetic cannabinoids still out there? According to the Chicago Tribune, unethical and greedy manufacturers of the drug simply change the formula to skirt new laws. This time around, the new formula includes a chemical called brodifacoum, which is commonly used as rat poison. The poison prevents the blood from clotting, which makes this version of synthetic marijuana even more dangerous than past formulas.

People who ingest synthetic marijuana can start bleeding from multiple sites on the body including the mouth, nose, eyes, and ears. The rat poison is stronger than the blood-thinning drug warfarin and stays in the body for a long time. Hospitals have been treating people with symptoms ranging from bleeding gums and noses to internal bleeding and blood in their urine and stools. These patients require long-term vitamin K treatment to recover.