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Big Corporations At It Again! Consumers Beware!

December 14th, 2010

Big corporations and one of their front groups, ATRA, the “American Tort Reform Assoc”, are at it again. Just another campaign to try and indoctrinate the public with the idea that lawsuits are bad and that victims of others negligence are just greedy people looking for a big payout. DO NOT BE FOOLED! These groups are NOT looking out for your interestes, and it is vitally important that you tell your friends and neighbors not to be lulled into thinking this way. If you or a loved one are seriously injured in an accident, do you want people on your jury thinking you are just trying to win the lottery? True justice is holding negligent people and corporations responsible for the full scope of damage they cause. The following was written by Todd Smith, the President of the Illinios Trial Lawyers Association. Mr. Smith is a great lawyer and I quote in its entirety a recent note by him:

Statement by the Illinois Trial Lawyers Association on the “judicial hellhole” report
(December 14, 2010)

The American Tort Reform Association (ATRA) has once again teamed up with corporate giants such as Philip Morris, Dow Chemical, Exxon, General Electric, Aetna, Geico, State Farm, Pfizer, Johnson & Johnson and Nationwide to release its annual “judicial hellhole” report today. The report is nothing more than a public relations stunt bankrolled by insurance, tobacco and drug companies to attack the civil justice system and gain complete immunity for their negligent behavior.

This report is yet proof that corporations will say or do anything to weaken Americans’ basic legal protections. They call for “reform” in our civil justice system only so they can avoid accountability when their products injure or kill innocent victims. The “reform” they seek only takes away your right to receive justice and to hold corporate wrongdoers accountable for their actions.

This recycled annual “report” has been widely discredited and ridiculed in past years. It has been shown, time and time again, to be biased, junk research that only proves tort reform is simply a scheme by powerful corporations to avoid accountability in the courtroom and stack the deck against everyday Americans.

For years, the most deceitful and predatory corporations have used groups like ATRA to prevent everyday Americans from receiving justice. When big businesses act irresponsibly – by producing unsafe products, polluting our environment or swindling their employees and shareholders – the last resort for ordinary citizens to hold those businesses accountable is in our courts. Our legal system serves as a powerful deterrent against corporate misconduct.

Todd A. Smith
President – Illinois Trial Lawyers Association

When you see adds like ATRAs or by State Farm Insurance or Allstate Insurance, always remember whose interests they are advocating. Is State Farm really “like a good neighbor” when you are injured by a person insured by State Farm? I can assure you of one thing about the good neighbor people and whether you are in good hands with any insurance company when it comes time to pursue a claim: the claims handler only job is to pay you the least amount of money to get the claim closed. Those claim handlers are NOT looking out for your interests at all. That is exactly why you need a good lawyer on your side. Talk to your family, friends and neighbors, and remind them that the civil justice system is there to serve YOU when YOU need it most! And all of the advertising about tort reform, or the need for medical malpractice reform, or insurance company ads are all designed to lull people sitting on juries to believe that those seeking justice for injuries are only out there looking for a windfall. Be safe.

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First FDA Approved Stem Cell Trial In Pediatric Cerebral Palsy!

November 18th, 2010

     Dr. James Carroll, professor and chief of pediatric neurology at the Medical College of Georgia, is the principal investigator to determine whether stem cells from stored infant cord blood infused into a child with cerebral palsy can improve the quality of life for the child.  This is the first FDA approved clinical trial, although a variety of cord blood stem cell therapies have been utilized over the last 20 years.  According to Dr. Carroll his “study is breaking new ground in advancing therapies for brain injury-a condition for which there is currently no cure.”

     Parents of children with cerebral palsy, who had their child’s cord blood stored at Cord Blood Registry, should visit its website for more details!  Children eligble for the stud bust be more than 2 years of age, but less than 12 years at the time of screening for eligibility for the study.   Other criteria include clinical evidence of non-progressive motor disability due to brain function; have had their cord blood stored at CBR that meets selection and testing criteria; and seizure free or adequately controlled.  There exists a detailed list of exclusion criteria, and for interested parents, you can view the list at www.clinicaltrials.govand search for “Safety and Effectiveness of Cord BloodStem Cell Infusion fo rthe Treatment of Cerebral Palsy in Children” 

     Cerebral palsy is typically caused by an anoxic- brain injury( lack of oxygen)  prior to birth or at times due to lack of oxygen during the childs very early years.  It can also be the result of trauma causing brain injury.  Symptoms can have a devastating  effect on a child’s cognitive ability, the child’s  ability to move, the child’s ability to learn and develop, as well as the child’s ability to see or hear. Umbilical cord blood is  rich in stem cells.  The hope is that the infused stem cells, which have the ability to evolve into other type of cells in the body, can help injured brain cells recover or even replace dead brain cells.  Dr. Carroll refers to animal studies that demonstrate the ability of infused stem cells to treat brain injury.

     Further information on this groundbreaking study, that may offer some ray of hope to children and their parents, is also available at the medical schools website  www.mcg.edu.  If your child was born with cerebral palsy, the lawyers at Ronaldson and Kuchler are here to help you investigate whether birth delays are the reason why.  We are here to help and provide answers during this difficult time.

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Motorcycle Mishap

July 15th, 2010

It’s summer time and the living is easy. What better way to enjoy 74 degrees and blue skies than on the back of a Harley, cruising down an open road? But as you pass through the intersection, your joy ride comes to a screeching halt when a sedan makes a hasty left turn, colliding with you and your motorcycle.

Unfortunately, 70% of motorcycle accidents occur in intersections. Because motorcycles are small, visual targets to other drivers, 2/3 of accidents occur because the motorcyclist’s right of way was violated by the other driver. Weather, road conditions and other visual obstructions also interfere with an already, small visual target (www.findlaw.com).

Motorcycles lack rider protection and “crashworthiness,” and while helmet use has been increasing from 48% in 2005 to 67% in 2009, motorcyclists are 26 times more likely to die in a crash than someone in a sedan or trucks (www.nhtsa.gov).

But no matter what preventative measure you take or how many statistics state otherwise, accidents do happen: in clear skies, open roads and maximum visibility. Sometimes even the most cautious and skillful of drivers experience the regrettable health, property and wage damages that follow the neglect of other drivers on the road.

While hope may seem lost and the damage irreversible, adequate legal representation can help you during your time of need. Should you be the victim of a motorcycle accident as a result of negligence, you deserve not only peace of mind, but justice. Consider the lawyers at Ronaldson and Kuchler, LLC, with years of experience handling personal injury and auto accident claims, we are here to help you during this most distressing time.

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The Damage of Shoulder Dystocia

June 29th, 2010

The baby’s head has emerged from the laboring mother but suddenly, its neck retracts against the mother’s perineum, causing the baby’s cheeks to puff like a turtle retracting its neck into its shell. This tell-tale “turtle sign” of delivery complication is obstetricians’ greatest fear and means only one thing: shoulder dystocia. The baby’s anterior shoulder is caught on the mother’s pubic bone, leaving the obstetrician seconds to decide an alternative means of delivery. If the baby is not delivered within a few minutes, it could suffer irreversible brain damage or in some cases, death.

n this emergent circumstance, obstetricians consider multiple maneuvers to free the baby’s anterior shoulder. When shoulder dystocia is first recognized, both the McRoberts maneuver and suprapubic pressure should be simultaneously executed. According to M.D. Henry Lerner, the execution of these two maneuvers will resolve more than half of all shoulder dystocias.

Because the diagonal orientation of the symphysis makes shoulder delivery difficult, the McRoberts’ maneuver tilts the mother’s pelvis to make the symphysis more horizontal. This frees the anterior shoulder.

If the McRoberts maneuver does not resolve the troubled delivery by itself, suprapubic pressure can be concurrently applied. Obstetricians will place their fist above the maternal pubic bone and push the fetal shoulder in one direction to change its position to allow delivery.

The delivery complications as a result of shoulder dystocia can result in a brachial plexus injury. Shoulder dystocia is a frequent catalyst of BPI, but is by no means the only cause. The nerves at risk of injury in a BPI pass from the spinal cord between the bones of the neck and go into the arm. The nerves that run along the neck merge and branch out to form a “plexus” of nerves (American Academy of Orthopedic Surgeons,www.orthoinfof.aaos.org). Brachial plexus nerves control the muscles of the shoulder, arm, elbow, wrist, hand and fingers.

An infant with a brachial plexus injury will demonstrate symptoms including a limp, or paralyzed arm, loss of feeling in the arm and hand, or a lack of muscle control in the arm, hand and wrist. The National Institution of Neurology Disorders and Stroke says the injury can be diagnosed as an avulsion (the most severe case), in which case the nerves are completely separated from the spinal cord, a rupture, meaning the nerve is torn but not at the spinal attachment, neuroma, when the nerve is torn but the healed scar tissue puts pressure on the nerve and prevents sending signals to muscles, and as neuropraxia/stretch: the nerve is damaged but not torn.

Brachial Plexus Injury may also be referred to as Erbs Palsy, which refers to the damage done to nerve higher in the plexus. Global, or total, brachial plexus birth palsy involves higher and lower damaged nerves.

Brachial Plexus injury is one of the most common birthing injuries. 1 or 2 of every 1,000 babies are diagnosed with BPI. Even though BPI is a common injury, it’s recovery rate is extremely high. According to the University of Pittsburg Department of Neurological Surgery, a Collaborative Perinatal Study of 1973 showed that 90-95% of diagnosed infant–usually with neuroma and neuropraxia– have a spontaneous recovery of function, leaving only 5-10% at risk for permanent functional disability. In circumstances of avulsion and rupture when spontaneous return of function does not occur, surgery may be necessary.

A full recovery can take up to two years using parent-child exercises and physical therapy. Doing physical therapy exercises with your child each day will not only ensure good range of motion and prevent joint contracture, but show your daily support of their recovery process and journey to independence. During this difficult time, both you and your infant deserve support and peace of mind.

Chicago Brachial Plexus Support Group
Jennifer Engelhart
3952 West 102nd Street
Chicago, IL 60655
773-445-4652
Chicago_bpi@hotmail.com
http://www.chicagobpi.com/

Chicagoland Area BP Erbs Palsy SG
Penny Dwiel
1638 Chestnut
Des Plaines, Illinois 60018
Open Arms BP Palsy Support Group
Shoba Shekar
1087 Black Wolf Court
Fairview Heights, IL 62208
pshekar@aol.com

Should your child be a victim of Brachial Plexus Injury due to medical malpractice, consider hiring legal representation to assist you during this difficult time. The experienced lawyers at Ronaldson & Kuchler want to help you establish peace of mind that both you and your child are getting the help and justice you deserve.

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Considering LASIK?

June 17th, 2010

Any contact or glasses wearer knows that vision troubles are not only uncomfortable, irritating and disabling, but expensive. While contacts are comfortable and glasses are fashionable, having a visual impairment is anything but glamorous, especially when complications occur. Contacts can become dry or itchy; they can fall out or tear—causing much discomfort on the cornea. Glasses can break, become scratched, out of style or even lost. Luckily, new form of vision enhancement was developed after years of battling vision correctors—LASIK surgery.

LASIK stands for “laser-assisted in situ keratomileusis.” And while associating a laser with your eyeball may make you nervous, it is a painless procedure and usually does not take longer than 10 minutes! Patients are awake during the procedure but receive numbing eye drops to avoid feeling any discomfort, and may receive a mild oral sedative.

The procedure works is as follows: the surgeon will use an instrument called a microkeratome to create a thin, circular flap across the cornea. A laser can also be used to create the flap. The surgeon folds the hinged flap out of the way, and with an excimer laser, begins removing corneal tissue to reshape the cornea. When the cornea is reshaped the right way, light is better focused onto the retina, providing clearer vision than before. The surgeon lays the flap over the place where the corneal tissue was removed (Allaboutvision.com).

The procedure’s length depends on the severity of the eye prescription–the higher the prescription, the longer the procedure. Both eyes can be treated in the same day.

LASIK outcomes may vary. 20/20 vision can be achieved. Sometimes it is only 20/40, which is still perfect vision according to driving laws. Post-surgery complications can occur such as infection, regression or presbyopia. Regression is when you can see perfectly post-surgery, but then notice a gradual worsening of vision over time. An enhancement surgery can be performed to “touch up” the regressing eye. Presbyopia can occur with age as near vision becomes difficult. Reading glasses may be necessary for those above age 40 after the procedure (Allaboutvision.com).

Should you or a loved one be the victim of a medical malpractice LASIK procedure, please consider legal representation to help you achieve peace of mind during this most unfortunate time. The attorneys at Ronaldson & Kuchler are experienced in medical malpractice cases concerning LASIK eye surgery and will help not only your sight but sense of hope.

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