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.

     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.

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.

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.

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.

The wish of every expectant parent is to have a healthy baby. Parents put their trust in doctors and nurses, hoping for a complication-free delivery. Unfortunately, not all birth stories go as planned. In some cases, birthing complications result in lifelong mental retardation and disability. A baby experiencing a lack of oxygen during the delivery process can sustain devastating physical and neurological injury, such as cerebral palsy. A baby diagnosed with cerebral palsy suffers from a brain injury that damages its motor skills like walking, talking and playing. Most cases of cerebral palsy are lifelong, and while it cannot worsen, there is no cure. Treatment for cerebral palsy is lifelong as well, and could be approached in many different ways depending on the child’s symptoms, side effects and severity level.

A child suffering from C.P. will experience, in varying degrees, symptoms such as involuntary movement, seizures, mental retardation, difficulty with fine motor skills and maintaining balance, problems with vision, hearing, speech and learning.

To aid contracted muscles, a physician may prescribe muscle relaxants like diazepam, baclofen, dantrolene and tizanidine according to Mayoclinic.com. Children diagnosed with cerebral palsy may also receive botox injections directly into spastic muscles, a common symptom of cerebral palsy.

Many different therapies are available for children with cerebral palsy. Physical therapy will aid your child in bettering their balance, flexibility, strength and motor development. Occupational therapy will promote your child’s participation in daily activities at home and at school. Speech therapy teaches a child to communicate clearly or with sign language (mayoclinic.com).

Staying supportive of your child during this most unfortunate time will help both you and your child cope with the disabling condition. Remember to encourage all efforts at independence—no matter how big or small. Always speak on your child’s behalf and be an advocate during their time of need. Never hesitate to ask questions or seek council from doctors, therapists and teachers. Also, finding a supportive community can greatly aid you and your coping child. By joining a support group or seeking counseling services, the burden of this time can be adequately shared and cared for.

Some support facilities and professionals to aid both you and your child during this difficult time include:

Center for Enriched Living
280 Saunders Road
Riverwoods, Illinois 60015
phone: 847-948-7001
fax: 847-948-7621
e-mail: cel@interaccess.com
web: www.centerforenrichedliving.org

“THE CENTER for Enriched Living is a year-round social center for people of all ages with developmental disabilities. Programs, planned and implemente are designed to enhance the quality of life for people with a primary diagnosis of mental retardation.

4MYCHILD. Help and Hope for Life

http://www.cerebralpalsy.org/

“Our mission is to provide you with the most comprehensive resource and compassionate voice for all things related to caring for a child with Cerebral Palsy, Erb’s Palsy, and other neurological injuries.”

American Academy for CP and Developmental Medicine
6300 North River Road Ste. 727
Rosemount, IL 60018-4226
Phone: (847) 698-1635

Cerebral Palsy Resources

http://www.cerebral-palsy-web.org/resources.htm

Easter Seals
230 West Monroe Street
Suite 1800
Chicago, IL   60606-4802
info@easter-seals.org
http://www.easter-seals.org
Tel: 312-726-6200 800-221-6827
Fax: 312-726-1494

”Provides services to help children and adults with disabilities and/or special needs as well as support to their families. Supports the National AgrAbility Project, a program for farmers, ranchers, and farmworkers with disabilities.”

CP of the Blackhawk Region
7399 Forest Hills Road
Rockford, IL 61111
Phone: (815) 282-8824
Fax: (815) 282-8835
E-mail: ucpbr@AOL.com
Counties Covered: Boone, Carroll, DeKalb, JoDaviess, Lee, McHenry, Ogle, Streetephenson, Whiteside, Winnebago

Cerebral Palsy of Mississippi Valley
550 30th Avenue, Suite 1
Moline, IL 61265
Phone: (309) 797-7046
TDD: (309) 797-817
Serves Western IL and Scott County, Iowa

Should your child be the victim of medical malpractice resulting in cerebral palsy, consider hiring legal assistance to receive the justice and peace of mind you deserve. The lawyers at Ronaldson and Kuchler understand the feelings of pain and hopelessness that result from medical malpractice incidents. Let us help you and your child during this most unfortunate time.

Filing a law suit after a trucking accident means not only fighting 18 wheels, but a team of highly trained investigators, lawyers and insurance representatives doing everything in their power to give you minimal compensation.

Most trucks are used for commercial purposes—meaning they are transporting goods for another company—so, the auto accident becomes a matter between you and the lawyer representing the transported goods. Knowing this may make you feel like David versus Goliath, but rest assured that hiring a qualified personal injury lawyer will be the stone in the sling shot against the giant.

After a truck accident, trucking insurance companies and investigators immediately go to work cleaning up the accident, leaving you—the victim—very little time to react and consider your options. It is during this time that you should consider hiring a lawyer and DO NOT accept compensation until speaking with an attorney. Waiting too long to find representation could mean loss of evidence to defend your case resulting in a loss of money to accommodate your injury.

Having an attorney assures investigation at the scene of the accident to evaluate all aspects of the accident such as skid marks, debris, fluid stains, location of impact and damaged vehicle parts (Personal Injury Claims for Large Truck Accidents, AVVO).

Should you or a loved one be the victim of a trucking accident, contact Ronaldson and Kuchler. We’re here to help you during your most unfortunate time. Let us fight the battle for you.

5:34—you made it!! You take your seat on the train and finally relax when you start to feel a headache coming on. You pop 2 ibuprofen, thinking it will pass. 15 minutes later you start feeling a bit dizzy and your vision starts to blur—you still have a headache. You start rubbing your head when you realize you can’t remember much about the end of your day. Did I lock my office? Is my computer off? When did I leave?

Headache, confusion, sensory problems, and amnesia of events immediately before an accident are all common symptoms of a mild traumatic brain injury or TBI. Unfortunately, most people who experience a mild brain injury disregard it and continue with their routine like the person described. While 75% of traumatic brain injuries (TBI) a year are a mild form, any head injury can sustain future affects and require immediate medical attention, according to the Center of Disease Control and Prevention.

Traumatic brain injuries are the direct result of a sudden blow to the head, causing the brain to collide with the inside of the skull. The trauma of this accident can bruise the brain, tear nerve fibers and cause bleeding. The most common causes of TBI are falls, assault, motor vehicle accidents and direct strikes to the head.

According to the Center of Disease Control and Prevention, 1.7 million people sustain a traumatic brain injury each year.

Because so many TBI are mild, medical care is often disregarded. However, according to an article in the Chicago Tribune, recent studies show that victims of TBI are eight times more likely than the general population to suffer from clinical depression a year after the accident.

Also, “young people who suffer concussions are at greater risk of long-term physical and mental consequences, lawmakers were told Thursday at a hearing on head injuries to high school athletes” according to the Chicago Sun Times. This information is daunting because males ages 15-24 are the most likely to suffer a TBI.

The long term effects of any TBI can greatly affect your future state of mind and health, medical attention is imperative after any collision involving your head.

If you believe yourself to be a victim of a brain injury, consider your symptoms, which range from physical to psychological effects. Signs and symptoms of a mild brain injury, or concussion, can include the following: brief unconsciousness, headache, confusion, mood changes, dizziness, amnesia of events immediately before the accident, and sensory problems such as blurry vision or bad taste in the mouth. Moderate to severe brain injury signs and symptoms include: seizures, slurred speech, persistent headaches, profound confusion, numbness of extremities and an inability to awaken from sleep.

Because children may be unable to communicate their symptoms, look for the following behaviors: refusal to eat, loss of interest in a favorite toy, altered sleep patterns and school behavior, crankiness.

TBI can also cause epilepsy and can increase the risk for Alzheimer’s disease, Parkinson’ disease and other brain disorders that come with age, victims of any brain trauma should consult a medical expert immediately and take careful precautions to make a full recovery.

Be kind to your body after a brain injury and give yourself the recovery time you need with lots of rest and time before returning to usual activities and routines. Avoid activities that could result in another blow to the head because repeated TBI injuries within a short period of time can result in fatality.

Consult a health care physician before operating a vehicle, bicycle, or machinery and avoid drugs and alcohol until approved by a physician.
A brain injury is no small accident. Help yourself or your loved one and receive a medical attention before it’s too late.

Victims of a traumatic brain injury should consider consulting a legal representative if the accident was due to a car crash, medical malpractice, truck accident or another form of unlawful injury. Ronaldson & Kuchler personal injury lawyers want to help you look into the matter and ensure that your claim receives the best representation.

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Before applying for social security benefits, you must prove you are disabled by evaluating your injury. There are five steps* to determine if you are disabled. They are as follows:

1. Are you Working?

If you are working and your earnings average more than a certain amount each month, you will generally not be considered disabled. This amount changes every year.

2. Is Your Medical Condition “Severe”?

Your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting, and remembering—for at least one year.

3. Is your Medical Condition on the List of Impairments?

Conditions on this list are considered so severe that they automatically mean that you are disabled as defined by law. If the severity of your medical condition meets or equals that of a listed impairment, the state agency will decide that you are disabled. If it does not, the state agency goes on to step four.

4. Can you do the work you did before?

At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before. If yes, you qualify, if not you go to the last step.

5. Can you do any other type of work?

The agency evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the state agency will decide that you are disabled.

*List and information from lawfirms.com, Applying for Social Security Disability.

Once your disability is determined, you can file your claim. SSD claims go through four stages of an evaluation process: making a claim, requesting an appeal, request for a hearing, notice of decision. As stated before, the majority of claims do not make it past the first two stages. However, “your chances of winning your benefits claim are greatly increased when you are represented by an experienced disability attorney” (www.Nationaldisabilitylawyers.com).

Having an attorney ensures the completeness of medical bills and records, which are imperative to the success of your claim. While you can represent yourself in an SSD claim, attorneys pay special attention to due dates, signatures and medical verification. Also, attorney’s have a better chance at getting copies of medical bills and records from doctor’s office, which only strengthen your claim.

Also, being sure to record all disabilities and treatment plans increases the validity of your claim. Disabilitysecrets.com says, “When a Claimant does not properly list every treatment source on an disability application or SSD appeal, the effect can be dramatic. A case can literally be slowed down for weeks or months as a result or, worse, be decided without crucial evidence being reviewed. Typically, this results in a denial. Cases that are properly represented, of course, stand a much better chance of avoiding such scenarios and eventually being won.”

It is also beneficial to your claim to have the support of your physician. Regardless if a doctor says he supports you getting disability benefits; it is more advantageous to receive that support in a written letter which can be presented during the hearing.

When filing your appeal, be sure to keep track of important deadline and hearing dates and always maintain a nice relationship with those working on your case.

When filing an SSD, the time before a notice of decision is made is indefinite. Because of this, it is encouraged you budget your finances to prevent debt and are discouraged from making large purchases during this time.

Should you be disabled and looking for an attorney to represent your disability claim, consider the attorneys at Ronaldson and Kuchler. We have only your best interest at heart and want you to receive the benefits you deserve during this most unfortunate time.

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A family death imposes enormous challenges for surviving family members. In addition to almost insurmountable grief, there are myriad of other issues the family must deal with including the hospital, mortuary, funeral home or cemetery. If the death is due to an accident, such as an auto or truck collision or other type of tragedy, unfortunately there are other matters that require the family’s attention as well, such as dealing with the police, insurance companies calling for information and unpaid medical bills pouring in through the mail. In those circumstances, or in cases of alleged medical malpractice, it is often best to retain the services of a personal injury lawyer that concentrates their practice in such areas. The lawyer can handle all aspects of the investigation leaving to the family the important business of grieving and funeral preparations. Letting a skilled lawyer handle the issues related to the accident, such as preserving evidence, securing interviews with witnesses, getting the medical records and police reports, photographs and the like allows the family to focus on the matters most important to them.

If you should experience the unjust death of a loved one, whether due to a car collision, medical malpractice, truck accident or other form of wrongful death, consider talking to a lawyer that can bring justice for your loss. While legal aid cannot bring back a loved one, it can assist in many ways and offer some peace of mind. At Ronaldson and Kuchler, we are here to help.

Regards, Glenn