"A former nurse accused of overmedicating patients in 2006 at a Woodstock nursing home was placed on probation Wednesday for two years and fined $5,000." The woman "pleaded guilty in October to a felony charge of neglect of a long-term patient in exchange for an agreement by prosecutors to drop five other felony counts against her," reports the Chicago Tribune.

As part of the plea deal, the former nurse - Marty Himebaugh - admitted that she gave a nursing home resident medicine that he had not been prescribed in an effort to calm him down and get him under control. Himebaugh dosed the man with .25 milligrams of Ativan and an "unspecified amount" of Risperdal. Afterward, the nursing home resident passed out, fell to the ground and sustained a cut on his head.

Himebaugh, along with her former nursing home supervisor Penny Whitlock, came under scrutiny and subsequent charges after a 2008 nursing home investigation. Ms. Whitlock was acquitted of charges that she turned the other cheek while Himebaugh allegedly overmedicated patients earlier this year.

Nursing Home Abuse and Neglect

Millions of families are faced with difficult decisions regarding the care of their elderly loved ones every day. Sometimes that decision results in entrusting the care of a loved one to a nursing home or long term care facility. When you make the difficult decision to move your family member into a nursing or long term care facility, you deserve the peace of mind of knowing they are safe and well cared for. In the event that you see warning signs that this is not the case, you need to act quickly to avoid Chicago nursing home abuse, neglect or even death. These signs may include:

- Unexplained injuries (bumps, bruises, broken bones, etc.)
- Noticeable physical changes (poor personal hygiene, rapid weight loss or gain)
- Mental health symptoms (depression, withdrawal)
- Infections or bedsores

If your loved one is exhibiting any of the above behaviors or is just acting "off" since they have entered a nursing home or care facility, immediate action is advisable. One of your best resources is a nursing home abuse and neglect attorney in Chicago or your area. They have extensive experience dealing with these types of situation and will work with you to ensure that your loved one is well taken care of and receives the care they are entitled to. They can also work with you to receive compensation on behalf of your loved one if they have sustained nursing home abuse or neglect.

"The parents of a Maryland teen who died earlier this year during wisdom tooth surgery have sued the oral surgeon and the anesthetist for medical malpractice. Jenny Olenick, a 17-year-old junior at Marriotts Ridge High School in Woodstock, Md., died in April from complications during the outpatient procedure performed on 5 million Americans each year," reports Yahoo!

The lawsuit, filed on behalf of the family by medical malpractice attorneys, makes claims that the oral surgeon and anesthesiologist were negligent. They failed to resuscitate the girl after her blood oxygen level and heart rate plummeted. The state's chief medical examiner has determined that the young girl died from hypoxia - oxygen deprivation while under anesthesia.

While the family has declined to comment on the pending medical malpractice lawsuit, a family spokesperson did indicate that the family's hope is to "highlight the surgery's risks and the need for better emergency training among dentists and oral surgeons."

Pediatric Dentistry and Medical Malpractice

Unfortunately, the Olenick case is one of many pediatric dentistry fatalities. Because oral surgery may require sedation or anesthesia, the "The American Academy of Pediatric Dentistry recommends that three staff be present when deep sedation occurs in a dental office. The anesthesia provider should be a licensed medical or dental practitioner with certification for providing anesthesia; he should monitor the patient's vital signs, airway patency, cardiovascular and neurological status and adequacy of ventilation," according to Yahoo!

The AAPD guidelines also indicate that even if state law allows an anesthesia assistant or registered nurse anesthetist to administer anesthesia to dental patients, the dentist should still be trained and licensed to provide anesthesia. Additionally, both the clinical staff and the operating dentist have to be up to date in basic life support in the event that there is a complication while a patient is under anesthesia.

Additionally, due to the risks associated with any surgical procedure - especially one where a patient is sedated or under anesthesia - some dentists are beginning to question whether wisdom tooth extraction is necessary in the majority of cases. "Studies suggest no more than 12 percent of [wisdom tooth] impactions lead to infections or damage to adjacent teeth -- roughly the same incidence as appendicitis. No medical associations recommend prophylactic appendectomy."

While there seems to be dissension among different health organizations, it does make sense to work with a pediatric dentist with whom you are comfortable to help you make the right decision for your children and yourself. If you or a loved one have suffered complications from a surgical procedure, you should speak with a medical malpractice attorney in Chicago or in your area to find out your options.

The Bumbo seat is an incredibly popular baby item - over 4 million have sold in the US alone since the product was introduced in 2003. However, the baby seat manufacturer continues to face scrutiny and litigation over whether the product is safe.

The "company recalled Bumbo in 2007 after a spate of 28 injuries reported to the Consumer Product Safety Commission - including numerous skull fractures - and placed warning labels on the seats that said they shouldn't be used on elevated surfaces...Then in late November, the CPSC issued an unusual warning that there had been another 45 incidents since the recall, and that it had learned of another 18 older cases. It also noted that children were hurt both when the product was elevated and when it was on the ground," reports Reuters via Yahoo!

A products liability attorney for one family - Kevin and Lucy Ferrell - has filed a lawsuit alleging that Bumbo "has taken no effort" to redesign the product to address design flaws and safety concerns, "despite having actual knowledge of the dangers associated with the Bumbo Baby Sitter...and the potential of the Bumbo Baby Sitter to cause serious injury to children."

A statement released by the Bumbo company indicates "The Bumbo baby seat is a safe product for infants when it is used as intended: on the floor and never on an elevated surface. Children should always been closely supervised when they are in the Bumbo seat." The company has also indicated that it is working with the CPSC to teach parents how to use the baby item correctly to prevent injury.

Some of the suggested design changes which might make the Bumbo seat more safe include:
- Wider base for better stability
- Raised side and back to prevent baby from falling backward or sideways
- Seat belt or other harness restraint

The latest case against Bumbo, filed by the Ferrells, is still in the pretrial phase.

Products Liability

Our Chicago products liability attorneys know that just because products are on the store shelves does not automatically mean they are safe - particularly baby items. For this reason, it is imperative to follow all safety instructions, and most importantly, never leave your baby unattended. If you have to put your baby down, the safest place for them is in a crib or baby item with a five point harness like a baby swing or infant seat.

If your child has been injured due to a faulty product or lack of appropriate labeling and safety instructions, speak with a Chicago products liability attorney right away.

"More than seven years after her 21-year-old son David Koschman died as the result of a punch thrown by a nephew of then-Mayor Richard M. Daley, Nanci Koschman asked Wednesday for the appointment of a special prosecutor to re-examine the entire case, asserting that criminal charges would have been filed long ago if not for the Daley family connection," reports the Chicago Sun-Times. 

Specifically, Ms. Koschman has requested an independent, outside prosecutor be named with the purpose of investigating her son's 2004 death, resulting from being punched in the face by Richard J. "R.J." Vanecko. It is her hope that the independent prosecutor will be able to determine whether criminal charges should be filed against Vanecko. Ms. Koschman has also requested that the conduct of the Chicago Police Department and the Cook County state's attorney's office during the investigation be examined. At various points in time her son's death was labeled as a homicide and a murder, but no criminal charges were ever filed.

The court filing indicates that "The handling of this matter by the Chicago police and the Cook County state’s attorney’s office raises questions that cry out for objective, unbiased investigation, including

a.) whether police investigators prepared false official reports;
b.) whether police investigators, ASA O’Brien and/or other employees of the Cook County state’s attorney’s office conspired to cover up Mr. Vanecko’s criminal responsibility for Koschman’s death; and
c.) whether Mr. Vanecko should be charged in connection with that death," according to the Sun-Times report.

Twenty-one year old David Koschman died from traumatic brain injuries resulting from being punched in the face in the early morning hours of April 24, 2004. Koschman was punched during a drunken confrontation on Division Street near Dearborn Street. At the time, the young man's death was classified by police as an open and unsolved homicide - and continued to be classified as such until early this year. At that time, the case was re-examined - and ultimately closed without filing criminal charges - and Vanecko was identified for the first time as the individual who punched Koschman. He was 29 years old at the time of the confrontation.

Attorneys for Mr. Vanecko were unavailable for comment on this matter.

Traumatic Brain Injury

Most people never fully recover from the effects of a traumatic brain injury - many even die, as David Koschman did. A personal injury lawyer in Chicago can assist traumatic brain injury victims and their families by lessening the burden of medical expenses. An experienced brain injury lawyer in Chicago can help traumatic brain injury sufferers and their families receive compensation for pain, suffering and medical expenses incurred as a result of their accident.

It depends on the weather, according to Purdue University researcher Fred Mannering. He completed a study that indicates men over the age of 45 are much more likely than women to crash their vehicles on icy or snowy roads. And if the men in the same age group happen to be driving a pickup truck, the risk of a crash goes even higher.

Why? "There may be a sense of invulnerability with four-wheel drive trucks leading the drivers to not slow down as much as they should," Mannering said in an interview. "The reality is that four-wheel drive gets you up to speed faster in snow and ice, but it doesn't help you stop any quicker," reports the Chicago Tribune.

The study also indicates that men under the age of 45 are more likely than women to get into serious accidents on dry roads. This may be attributed to overconfidence on their part.

But this does not mean that women are not at risk for car accidents - just that the weather conditions are different for them. It appears that women (in all age groups) tend to lose control of their vehicles and crash when the road is wet due to their failure to sense reduced friction on wet pavement. Car accident rates for women decline on ice and snow, however.

The researcher in charge of the car accident study says, "My theory is that women tend to drive at the same speed regardless whether the road is wet or dry, failing to compensate for the reduced friction. But interestingly, women's crash rates do go down on snow and ice."

The basic findings of the car accident study are as follows:

• Men over 45 are 5 1/2 times more likely to be severely hurt or killed in crashes while driving on snow and ice than on wet surfaces.
• Older men driving pickup trucks were 81 percent more likely to be involved in serious accidents on snow and ice than older men driving other types of vehicles.
• Women younger than 45 were nearly three times more likely to get into serious-injury accidents on wet roads than on dry roads.
- Women over 45 were more than four times more likely to crash on wet roads than dry roads.

The conclusion of the study is that all drivers could benefit from understanding the process by which they assess and react to weather and its subsequent effect on road conditions.

"Unconvinced by a son's assertion that his 86-year-old father had fallen at home, a Will County jury this afternoon found the man guilty of first-degree murder and aggravated battery. Scott Sullivan, 58, faces up to 60 years behind bars for what prosecutors said was a bloody 2010 beating that left his father Fred Sullivan, a World War II veteran with Alzheimer’s, unable to walk or speak," the Chicago Tribune reports.

Fred Sullivan ultimately passed away from pneumonia four months after he was found in the living room of his son's Lockport Township home in a pool of blood. At the time he was found, Mr. Sullivan's right eye was swollen shut and he had sustained more than a dozen "pattern" bruises - indicating that he had been beaten with an object of some kind.

Attorneys for the defense argued that the elder Mr. Sullivan had sustained the injuries when he fell. However, neighbors testified at the trial that they had seen the younger Mr. Sullivan be physically abuse toward his father previously.

The man will be sentenced on February 29.

Elder Abuse | Nursing Home Abuse & Neglect

Often people have concerns about our elderly population sustaining nursing home abuse or neglect. Unfortunately, elder abuse and neglect is not confined to nursing homes and care facilities. When an elderly person is being abused or neglected by a family member - whether or not they are living with them or under their care - it may be more difficult to uncover.

If you have an elderly loved one who has exhibited warning signs of abuse, including unexplained bruises or broken bones, depression or withdrawal, rapid weight loss or gain among other things, you should seek medical assistance immediately. Additionally, you may require the services of a nursing home abuse attorney to protect the rights of your loved one and ensure that they receive appropriate medical treatment and compensation for their pain and suffering.

It is relatively well known that arsenic is a toxin that may be found as a contaminant in drinking water. In fact, it is one of the reasons that homeowners have their private water supply tested from time to time. But now it appears that consumers have cause for concern about arsenic levels in certain food, including fruit juices that are largely marketed to and consumed by families with young children.

"Controversy over arsenic in apple juice made headlines as the school year began when Mehmet Oz, M.D., host of “The Dr. Oz Show,” told viewers that tests he’d commissioned found 10 of three dozen apple-juice samples with total arsenic levels exceeding 10 parts per billion (ppb). There’s no federal arsenic threshold for juice or most foods, though the limit for bottled and public water is 10 ppb. The Food and Drug Administration, trying to reassure consumers about the safety of apple juice, claimed that most arsenic in juices and other foods is of the organic type that is “essentially harmless'," reports Yahoo! Health.

In spite of the FDA's claims, Consumer Reports has completed their own independent investigation comprised of tests of grape and apple juice, consumer poll, scientific analysis of federal health data and interviews with health and industry experts. The findings were as follows:

• Around 10% of juice samples had total arsenic levels which were in excess of federal drinking water standards. The majority of the arsenic was inorganic arsenic which is a known carcinogen.

• One in four samples had lead levels above the FDA's limit for bottled water of 5 ppb.

• No federal limit exists for lead in juice drinks!

• Grape and apple juice are a major source of dietary exposure to arsenic.

• Thirty-five percent of children aged five and younger drink more juice than is recommended by pediatricians.

• Minute Maid, Mott's, Gerber, Welch's and Great Value (Walmart) are among the brands found to contain arsenic, lead or both.

These findings are particularly alarming as scientific evidence continues to suggest that chronic exposure to arsenic and lead - even at lower levels than accepted water standards - can cause serious health complications. As a result, the advocacy arm of Consumer Reports - Consumers Union - is urging the FDA to enact standards for lead and arsenic in apple and grape juice. The scientists on the Consumers Union team would ultimately like to see the arsenic level for juice set at 3 ppb and the lead standard at least level with bottled water at 5 ppb.

Chicago Products Liability

The holiday season is upon us, and many of us our caught up in all those fun holiday tasks - decorating the house, baking, shopping and many more things that are well outside of our normal everyday routines. And for that reason, it doesn't hurt to make a checklist of how to complete these holiday tasks safely to avoid personal injury. (Thanks for the tips, Yahoo! Shine!)

Exterior Decorating

If you are a person who decorates the outside of the house, here are some precautions you should take to avoid holiday accidents:

• Plan Ahead: Before you are up on a ladder trying to untangle lights, have a game plan. Make sure you have the things you need and know where they will be plugged in. Otherwise, you may create a fire by overloading electrical sockets or runnning too many extension cords.