Posted on July 02, 2014 in General

September 11th victims' fund attorney Kenneth Feinberg has summarized a plan to compensate victims of the defective ignition switch that was installed in 2.6 million vehicles by General Motors. This plan could speed up payments to the victims without forcing them to sue G.M. Attorney Feinberg's report describes that families of anyone injured or killed by the faulty ignition switch would receive at least $1 million.

The monetary amount a family or a victim receives is based of the victim's lifetime earning potential and if they had a surviving spouse and/or children. Though there is no cap to the amount of money G.M. would pay under Attorney Feinberg's plan, those seeking compensation will have to provide sufficient evidence that the faulty ignition switch was a primary factor in the cause of death or injury.

This approach to a General Motors compensation fund, however, may not work for all those looking for retribution for loved ones lost. There are still others independently pursuing their cases but the legal process could be lengthy.

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 Posted on June 26, 2014 in General

By: Robert Geimer

We sometimes forget that medicine is big business.  According to the AMA, physicians generated $1.6 trillion in economic activity in 2012 [1].  However, one investigation has revealed that physicians with unusual billing patterns more frequently face discipline by state medical boards.  A report by ProPublica [2], shows that disturbing number of physicians abuse billing systems, though disciplinary agencies are ill-equipped to uncover this abuse.  In fact, the study cites a Chicago Tribune report that a single neurosurgeon claimed half of all the most expensive billing office visits by neurosurgeons in Illinois in 2012.

What is clear is that physicians who are more concerned about lining their own pockets put patients at risk.  This type of fraud is not only outrageous, it endangers the public.  We need to take a hard look at billing abuse and equip disciplinary agencies to track down those who enrich themselves at the expense of the rest of us.

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 Posted on May 28, 2014 in General

By: Timothy Tomasik

Over the last 25 years, a doctor’s assets in a medical malpractice action have almost never been at stake.  The Illinois Trial Lawyers’ Association has studied insurance data and has definitively shown that the “lawsuit crisis” is a myth.  Medical malpractice is a leading cause of death and injury in the United States, injuring an estimated 180,000 and killing tens of thousands of Americans annually.  Preventing malpractice in the first place is the best way to avoid malpractice litigation.[1]

Experts studying medical malpractice insurance companies have concluded that “while insurers and other tort reforms proponents blame malpractice litigation for the hard market premium increases, they are in fact consistently driven by the insurance companies’ response to the broader economic cycle.”[2]  State insurance regulators, including the former acting director of the Illinois Division of Insurance, agree.[3]

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 Posted on May 12, 2014 in General

Tim Tomasik, Partner at Tomasik Kotin Kasserman, will be speaking on the proper evidentiary uses of NTSB Reports and Underlying Findings at Trial at the American Bar Association’s Aviation National Institute in New York City on June 5, 2014.  Tim Tomasik is the Co-Chair of the ABA Aviation Law Committee and a member of the Institute’s Planning Committee.

A number of top aviation trial attorneys from around the country will gather to put on a day long program that focuses on cutting edge developments in aviation litigation including the Legal Regulatory and Insurance Implications of Space Tourism.

The Keynote Speaker for this year’s program is Brian M. Jenkins, Ph.D., one of the world’s leading authorities on terrorism and sophisticated crime.  President Clinton appointed Mr. Jenkins to the White House Commission on Aviation Safety and Security.  He will be speaking on the current terrorist threat to commercial aviation and a fundamental review of four decades of aviation security.

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 Posted on March 24, 2014 in General

By: Daniel M. Kotin

Initial reports from the O’Hare Airport CTA Station indicate that operator fatigue and speed may have been factors in the 2:50 a.m. derailment of the CTA Blue Line train at that station on March 24, 2014. As lead counsel in multiple commuter train derailments in the past, we have seen that operator error in failing to reduce speed is a common cause of a train leaving its tracks and crashing.  In 2005, two women were killed and 117 injured when a Metra train failed to reduce speed at a track crossover causing it to leave its tracks and crash into a bridge.  Despite all of the automated technology, primary control of train movement and speed still remains the responsibility of the train operator. Initial witness reports from the early morning derailment at O’Hare indicate that the train entered the station at a far greater speed than usual.  If these indications are proven true, a primary cause of the derailment may lie with the operator. Although no consolation to the 30 people reported injured, the fact that this derailment took place at 2:50 a.m. during a time of light commuter traffic may have prevented a much more catastrophic tragedy.  As lead counsel of a claim involving another CTA Blue Line derailment in 2006, the injuries numbered in the hundreds since the derailment took place in a CTA tunnel just outside the Loop during rush hour on a Tuesday afternoon.  Investigation of that derailment revealed that track maintenance was the primary cause. Despite the fact that lawyers for injured passengers still must prove negligence on the part of the CTA and/or its employees in order to recover money damages for these victims, the task of doing so is made easier by the fact that Illinois law places a heightened responsibility on public transportation operators to avoid injuries to its passengers.  As a common carrier, the Chicago Transit Authority owes the “highest duty of care” to safely transport members of the public who use its trains and buses.

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 Posted on March 19, 2014 in General

By: Tim Tomasik

The tragic disappearance of Malaysia Flight 370 has resonated with people around the world and reminds us all of the great importance of aviation safety.  Just yesterday, a helicopter crashed and burst into flames near the Space Needle in Seattle, tragically killing two on board.

On October 15, 2013, Spirit Airlines Flight 165, an Airbus A319 transporting 150 passengers, experienced mechanical difficulties and smoke filled the cabin shortly after takeoff.  An engine on the Atlanta-bound flight sustained an explosion and failed before returning to Dallas Fort Worth International Airport for an emergency landing.  The National Transportation Safety Board (NTSB) stated that it was an “uncontained” engine failure, meaning that broken pieces and parts of the engine escaped the outer engine housing.  This is a highly unusual and dangerous occurrence.

Passengers aboard the Airbus A319 reported that they heard an explosion and saw flames come up the side of the plane, lighting up the interior as smoke filled the cabin.  One passenger reported: “I saw the engine blow up on the outside of the plane, fire and all that.  I’m thinking to myself, I see this on the movies.  I’m usually on my couch eating popcorn.  This would never happen to me.  And here I am 25,000 feet above the ground and this is happening to me.”

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 Posted on February 12, 2014 in General

By: Robert F. Geimer

U.S. commercial and cargo planes have either landed or attempted to land at the wrong airport at least 150 times since the early 1990s, according to an AP search of government safety data and news reports.  For what is supposed to be the safest means of transportation, this number is deeply troubling.  Just last month a Southwest Airlines 737 landed at the wrong airport in Missouri.  The pilots in that case told investigators they mistook runway lights at the wrong airport for the correct airfield 7 miles away.  Had another plane been on the runway, it could have ended in disaster.  There is no excuse for a commercial aircraft to land at the wrong airport.  Pilot and airline safety groups, along with the NTSB and FAA need to look into this problem and come up with ways to make sure it never happens again.

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 Posted on February 05, 2014 in General

By: Robert F. Geimer

Thanks to pharmaceutical company advertising, the phrase “Low T” has entered the American vernacular.  Such ads make it seem like “Low T” is a normal part of male aging and that a prescription for a testosterone supplement should be the norm for aging males.  The problem is, we are learning that prescription testosterone supplements carry significant risks.  In an Op-Ed piece in the New York Times, Dr. John La Puma points to a study in the journal PLoS ONE which found that taking the hormone doubled the rate of heart attacks in men 65 and older, as well as in younger men who had heart disease.  The level of concern is such that the FDA has launched an investigation.  Additionally, prescription testosterone is associated with dramatic increases in red blood cells in the bloodstream, shrunken testes and increased aggression and irritability.  Before taking this medication, every man should have a full discussion with his physician and consider whether the risks outweigh the benefits.

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 Posted on January 09, 2014 in General

By: Robert F. Geimer

We have seen instances of distracted driving rise dramatically over the last decade, often with tragic consequences.  A new study in the New England Journal of Medicine confirms our observations, as well as previous studies:  That texting and dialing significantly increases the chance of a crash.  The study, conducted by the Virginia Tech Transportation Institute, showed that the risk of a crash due to distracted driving was particularly elevated in younger, less experienced drivers.  We have also observed this to be true in cases we are handling.  In fact, we routinely conduct discovery to determine if drivers were using personal electronic devices at the time of a crash.  This study should act as a reminder that distracted driving is dangerous, and we should especially emphasize this to newer, less experienced drivers.

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 Posted on December 10, 2013 in General

By: Robert F. Geimer

As it turns out, insurance companies are gouging doctors and hospitals for millions of dollars in premiums and then lining their own pockets.  From 2008 to 2012 inclusive, the number of claims paid by the largest medical insurer in Illinois dropped from 257 to 169, while net income rose from $34 million to $57 million.  That’s $57 million for one medical insurer in one state.  All the while, the number of medical malpractice cases in Illinois has steadily declined over the past decade, down nearly 40% since 2003.  Insurers would have us believe there are too many malpractice lawsuits; the truth is there are fewer cases and fewer claims paid.  The dirty little secret is that they are keeping these obscene profits for themselves.

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