• Skip to main content

Levinson and Stefani Injury Lawyers

Client-first legal representation for injury victims. Injured? Free Consultation:

(312) 376-3812

  • Home
  • About Us
    • Attorneys
      • Ken Levinson
      • Jay Stefani
      • Vanessa A. Gebka
    • Practice Areas
      • Truck Crashes
      • Bus Collisions
      • Auto Accidents
      • Child Injuries
  • Firm News
  • Library
    • Articles
    • Cases
    • Law
    • Video
  • Blog
  • For Lawyers
    • Focus Groups
  • Free Case Review

Blog

The Shorter Line: Thoughts on Women’s Equality Day in 2015

August 26, 2015 by Levinson and Stefani Leave a Comment

Making progress, slowly but surely.

My morning commute usually includes a trip to the Daley Center. Today I took note of an interesting scene as I walked through the bustling main lobby: a human bar graph, separated by the gender-divided security lines. The line of men stretched and stretched, while the shorter line of women seemed representative of the current and continuing minority of females in the legal profession.

I was struck by the irony, so conspicuously appearing before my eyes on, of all days, National Women’s Equality Day. I chuckled thinking, “At least I’ll get through the line faster.”

The lines may be just a small sample size of gender ratios, but it’s easy to think of it in another way, as if it were a larger representation of the gender inequality that still exists today. But I also like to think of it as progress—progress that began 95 years ago today when women won the right to vote. The lines were different back then, and women were scarcely, if not nowhere, found in the legal profession.

Looking more broadly, today’s narrative is a celebration of the ongoing abilities and achievements of women nationwide. Gone are the days of the “good ol’ boys” and the systematic legacy of an entire legal system dominated by males. As we’ve seen, women have become leaders in every respect of all professions, exceeding duties and expectations in an unrelenting desire to achieve even in the face of doubt and opposition. It’s a true testament of determination. But there’s still work to do.

As a recent college graduate, being part of the minority is strangely encouraging, inspiring and motivating as I move forward in my professional career. This is an era of opportunity to determine the reality of the next era. I’m excited to be part of it. Here’s to another 95 (and many more) years of progress and improvement.

Back to School: Coping with our daughter’s allergies

August 24, 2015 by Jay Stefani Leave a Comment

Back to school with my daughter, who is sporting her allergy bracelet.
Back to school with my daughter, who is sporting her allergy bracelet.

Safety calls for lots of due diligence … and being a little annoying.

My wife and I have spent countless hours thinking about something we can’t always control. Like many kids, our six-year-old daughter has allergies. Like many kids, her allergies have life-threatening implications.

We learned the hard way. At the time, our youngster was 18-months-old and we were in the midst of making peanut butter and jelly sandwiches. You can guess what happened next. Within seconds, one of her eyes closed shut and her lips ballooned to gargantuan proportions. Next stop: allergist. It was there that we discovered she was allergic to peanuts, tree nuts and dairy. Frightening doesn’t begin to describe it.

Nearly 15 million Americans have food allergies, according to research compiled by FARE (Food Allergy Research & Education). It affects 1 in every 13 children under the age of 18, roughly two in every classroom. A study released in 2013 by the Centers for Disease Control and Prevention showed that food allergies among children increased by roughly 50% between 1997 and 2011. The number of people with allergies continues to grow yet no one knows why. It’s caused a lot of angst for kids, and mostly for parents who have no choice but to be on the lookout.

Experience has taught us that, when it comes to allergies, nothing is foolproof. We’ve learned that the biggest problem is not necessarily being unprepared, it’s preparing others to make serious decisions. Our daughter goes to public school, and each year one of the routine requirements is a form that outlines her medical issues. It’s a step to ensure the safety of our daughter, but it’s just one of many. We try to put our minds at ease by following a few routines and by taking nothing for granted.

Meet the administrators

Every fall we schedule a visit to see the school nurse. Our conversation starts off like this: “Our daughter has a peanut allergy. Here’s the plan we’ve outlined for this year in case something happens.” Note that we say this year. Phone numbers change. Addresses change. Staff members change. Even allergies change. We like to get ahead of the curve. We make sure the school understands the severity of our daughter’s allergy, we agree on an unambiguous plan of action, and we keep the dialogue open throughout the school year. Most importantly, we make sure everyone is comfortable with the plan and that no one is afraid to contact us if there’s a problem.

Equipment

Next, we talk about equipment: “Our daughter has an allergy that requires an EpiPen. Does your staff know how to administer an EpiPen properly?” The answer can vary. It’s almost always 50-50, depending on new staff hires. In some cases, we’ve made sure to watch staff members demonstrate administering medication so we’re assured they know what they’re doing. Yes, we may be the irritating parents all admins talk about when we’re not around, but we’re not taking any chances.

Here are some other questions we like to ask: “Where do you keep the EpiPens? Do you keep them in the classroom? Do you keep them in the cafeteria? Who has access to them? If they’re locked up, do multiple people have keys to access?” With allergies, time is the most critical component. Any delay can turn into a big problem. Don’t be afraid to ask questions, even if they seem annoying. If we have a choice between annoying parents and overly cautions parents, we go with overly cautious.

Know your child’s personality

A child’s demeanor is one of those unassuming obstacles a parent has to face when it comes to allergies. Our daughter is relatively shy, but we’ve taught her to speak up. We’ve taught her to make sure that people know when something is wrong. Some kids may not be so vocal because they feel embarrassed. Teaching them to recognize their symptoms and to feel comfortable approaching an adult is one of the most important lessons we’ve learned over the years. No one wants their child to feel stigmatized, but no one wants them to be in the ER because they didn’t alert someone to the problem.

Don’t sell your kids short. It’s important to have a frank conversation: Here’s what to do if “X” happens: “If someone offers you food be sure to ask if it contains a food you can’t eat. If you’re not sure, don’t eat it.” Soon it becomes habit. As shy as my daughter can be, she’s not afraid to tell people she’s not allowed to eat a particular food.

Overcoming stigmas

Schools are routinely putting systems in place to separate kids with allergies, informally but perhaps detrimentally. A mother in Aliso Viejo, California was shocked when she learned her young son, who suffers from a severe peanut allergy, spent a cookie-baking activity sitting in the corner of the room while the other students pressed on. In Northern New Jersey, school districts have experimented with the “peanut-free table” during lunch break, perhaps unwittingly forcing kids to overcome a different type of social stigma. Overcoming these issues is largely about developing a relationship with the school. My wife and I chose a specific pre-school over others because they did a better job explaining food allergies to their staff, and had a better plan in place in case something happened.

Make it fun

Our daughter doesn’t go outside without an allergy bracelet, even though it’s not the most attractive accessory. But some places have creative alternatives that can make choosing a bracelet fun, including different colors, themes, etc. MedicAlert, for example, boasts a superhero sports band collection and a “sweetheart” charm bracelet. Lauren’s Hope, a company that specializes in medical ID bracelets, looks like a pseudo Amazon.com, offering an array of Men’s, Women’s, Girls and Boys products, anything from waterproof bands to leather and stainless steel. The “Fun and Funky” category is always a good choice. When wearing a bracelet isn’t viewed as a punishment or Scarlet Letter, it’s a win-win for everyone.

Talking to your kids about their sports heroes

August 19, 2015 by Ken Levinson Leave a Comment

Searching for truth in the Patrick Kane saga

By now everyone knows the news about Patrick Kane, the Chicago Blackhawks star wingman. Kane is currently under investigation for sexual assault and it didn’t take long for the rumors to spread like wildfire. Over the weekend, I counted dozens of editorial commentaries posted on social media, regurgitating a variation of the same information. That’s not counting local TV and ESPN, either, which was, at times, indulging murky details on an-almost hourly basis.

New information this week from Kane’s driver, an off-duty police officer, suggested he saw no inappropriate contact between Kane and the victim on the night in question. Once again, Kane’s loyalists came to his defense and his detractors went into frenzy. The loyalists (in many ridiculous harangues) ridiculed the accuser as an opportunist; the detractors called the driver’s claim a cover-up. Rumor after rumor, innuendo after innuendo.

My three sons and I are big sports fans. We root for the Bears, no matter how futile they may be. We cheer for the Bulls, no matter how much I long for the Jordan days (coincidentally, MJ has been in court as part of his lawsuit against Dominick’s). We root for the Cubs, who are finally becoming relevant again. And, of course, we cheer for the Blackhawks. This past season we watched proudly as Kane, Patrick Sharp, Marion Hossa and Coach Q hoisted the fabled Stanley Cup on center ice. We watched players make appearances on late night TV. We watched as the team showered in heaps of confetti, and we watched them—for all intents and purposes—turn into bonafide heroes.

These so-called heroes figure prominently for my sons and for other kids around the country. So I was only mildly surprised when, last week, my 10-year-old mentioned Patrick Kane and the words “sexual assault” and “rape” in the same sentence. With all the chatter out there, it seemed inevitable. It was also surreal to hear him speak in “adult” terms.

I’ve handled hundreds of cases in my career, and from the moment we begin the litigation process our objective always centers on the facts; we dismiss speculation because, in the end, only facts matter. The court of public opinion, however, has different standards. Truth is a matter of perception. And for the most ardent Blackhawks fans in this situation, as is clear in some nasty commentary levied against the accuser, it’s also a matter of misguided selfishness. The contention of many Blackhawks fans, if only to win more Stanley Cups, is that Kane is innocent. For others, Kane is as guilty as Ray Rice, where the evidence was indisputable.

It’s hard to reserve judgment. I don’t presume to know the facts of the case. I’m certainly not diminishing its severity. Maybe the bigger issue is how we choose to talk about it, and what our kids are bound to learn in the throes of a 24-hour news cycle. When I spoke with my son about his perception of the case, we tried not to dwell on speculation. I treated him the way I would any client and/or lawyer: Facts first. The truth is what matters.

I’m not sure what happened at Patrick Kane’s home near Buffalo. I’m not sure if he’s innocent or guilty. I’m not sure if he’ll be in a Blackhawks uniform next winter. But I’m sure my son’s thinking about it. As a parent, the best I can do is to make sure he’s thinking about it the right way.

Here’s the CPSC’s eight kid-related recalls from July

August 14, 2015 by Levinson and Stefani Leave a Comment

Kyber Outerwear's recalled kids sweater, one of the many in July.
Kyber Outerwear’s recalled kids sweater, one of the many in July.

Baby floats, night lights, sweaters and strollers — it’s all here

We’ve parsed through the Consumer Product Safety Commission’s list of recalled products to bring you the “greatest hits,” so to speak, of the CPSC’s kid-related recalls for July 2015. Note: This list is compiled based on the products that our firm has designated “kid-related.” This list simply serves as a sample size of the many recalled products highlighted for any given month by the CPSC, some of which include things like lawn mowers and kitchen appliances.

Below you’ll find the name of the product, what the product essentially does and/or is, and the problem for which manufacturers decided to institute a recall.

July 1

Otteroo Inflatable Baby Floats

Otteroo-Inflatable-Baby-Float_800

The product: A round ring made of clear and blue plastic material. It has two air chambers that fasten around a baby’s neck with a white buckle. The floats have a chin rest, two handles and two circular openings on the back of the ring to allow the device to expand as the child grows with age.

The problem: Drowning risk due to deflation: The manufacturing firm has received 54 reports of broken seams on the product.

July 8

Barnett Outdoors Black Widow Slingshot

BlackWidowSlingshot

The Product: Slingshot about 6 inches tall. It has a black plastic handgrip with red linear rubber studs on the palm side, a silver metal fork and silver metal folding wrist brace. The folding wrist brace has a black, soft plastic wrist strap.

The problem: Injury risk: Barnett has received two reports of the wrist strap slipping off, and the body of the sling striking the users in the face, with one consumer receiving bruises and the other suffering facial fractures.

July 9

Jake’s Fireworks Yo Yo Sparklers

YoYo-Sparklers

The product: Yo Yo Sparklers are 13.5 inches long, metallic gray in color on a wire stick. They were sold in multicolored packages containing four individual sparklers.

The problem: Burn hazard: Jake’s has received 12 reports of incidents of the sparklers burning rapidly down the stick towards users’ hands resulting in second and third degree burns to consumers’ hands.

July 15

DaVinci Cribs

M2801F_crib_angle_H2_5

The product: DaVinci brand full-size cribs including the Reagan crib (model #M2801), the Emily crib, (model #M4791), the Jamie crib (model #M7301), and the Jenny Lind crib (model #M7391) manufactured from May 2012 through December 2012.

The problem: Entrapment, fall and laceration hazards: The manufacturing firm has received 10 reports of the mattress support brackets detaching.

July 21

Circo Night Lights

Bird

The product: Battery-operated night lights with an AC adapter.  The night light collection includes a pink hedgehog, a blue bird, a yellow rocket, an orange dino egg, a white soccer ball and a green shark.

The problem: Fire hazard: Target has received two reports of the night lights overheating, including one report of a fire that damaged a consumer’s dresser, wall and plug-in. 

July 23

UPPAbaby CRUZ Stroller

CRUZstroller

The product(s): Recall involves 2015 CRUZ and 2015 VISTA strollers and 2015 RumbleSeat. The CRUZ strollers have an aluminum alloy grey or black frame with a black fabric toddler seat with a colored fabric sunshade canopy and a black basket under the seat.

The problem(s): Choking hazard: UPPAbaby has received 22 reports of children biting off a piece of the bumper bar foam. No injuries have been reported.

July 28

Kyber Outerwear Children’s Sweaters

Sweater1

The product: Animal-themed, hooded children’s sweaters, 100 percent wool when produced in Nepal and 50 percent wool and 50 percent acrylic when produced in Bangladesh.

The problem: Strangulation hazard: Faulty drawstring. No injuries have been reported.

Diamond Sports Umpire and Catcher Facemask

Diamond-Sports-face-mask1

The product: Diamond Sports umpire and catcher face masks with Diamond harnesses. The masks and harnesses are black. Diamond is printed in white on the harness.

The problem: Impact injury hazard: The manufacturing firm has received 36 reports of the stitching failing on the harnesses. No injuries have been reported.

All information gathered from the Consumer Product Safety Commission.

NTSB animation shows crash that injured Tracy Morgan

August 12, 2015 by Levinson and Stefani Leave a Comment

Animation of the collision that critically injured actor Tracy Morgan, courtesy of the NTSB.
Animation of the collision that critically injured actor Tracy Morgan, courtesy of the NTSB.

Experts say sleep deprivation caused the collision that injured the ’30 Rock’ star

The National Traffic Safety Board concluded yesterday that the Walmart trailer that injured actor Tracy Morgan was the result of an operator who was driving on just four hours of sleep, working in excess of 28 hours during a 33-hour time frame.

The NTSB claimed as much during its initial investigation in 2014, but the conclusive evidence of yesterday’s report left no room for doubt. The driver, Kevin Roper, was charged with vehicular manslaughter after his truck ploughed into a bus carrying Morgan and comedian James McNair, who later died as a result of the crash last summer.

The NTSB released video animation of the crash along with its report, showing the truck speeding in excess of 60 mph in a 45 mph construction zone, where, at the time, cars had reduced their speed to about 10 mph.

The fact that McNair died and that a celebrity like Morgan was severely injured shined an even brighter spotlight on a problem that has been plaguing drivers for years. Driver fatigue and hours-of-service has been a point of contention for safety groups advocating for stricter regulations, while lobbyists for the trucking industry say it unfairly penalizes drivers with good driving records who abide by the rules. Currently, drivers are required to take a mandatory 34-hour resting period after a maximum workweek of 70 hours on the road. Drivers cannot drive for more than 11 hours a day and must have a 30-minute break in their schedule.

Earlier in 2013, Congress decided to roll back laws that had enforced stricter driving regulations and hours-of-service rules, which were nearly derailed because of the Morgan crash. It’s been widely documented that many drivers ignore the rules on sleep since their livelihood depends on the miles logged between trips. It’s the industry’s worst-kept-secret that truck operators are working beyond their limitations and causing accidents in the process. Federal agencies have said that driver fatigue is a leading cause of crashes and highway fatalities, a point that often goes overlooked and remains an ongoing problem.

With the revelation that last summer’s crash involving Morgan was conclusively the result of sleep deprivation, the issue is bound to come up again. Walmart has since settled civil suits with Morgan and the McNair family.

University of Illinois damage control far from ideal

August 6, 2015 by Ken Levinson Leave a Comment

Library-Taft-sculpture-HDR
Main Library on the University of Illinois at Urbana-Champaign campus. Photo by: Herbert J. Brant

The U. of I. is grappling with a party school label. Is it time for offense or defense? The university should be doing both.

On Monday I received an email with an attention-grabbing headline declaring the University of Illinois the number one party school in the country, courtesy of the Princeton Review’s college rankings. I’d say kudos but as the Chicago Tribune pointed out, the distinction seems pretty dubious. If anything, using the label “party school” is a less obvious way of saying something like “binge drinkers.” I’ve never known that to be a compliment.

Others apparently feel the same. U. of I.’s PR machine went into damage control not long after the college rankings were unveiled. School spokeswoman Robin Kaler was quoted by the Associated Press, saying U. of I. students “are serious, they are hard-working, and to try to present them as being somehow irresponsible is insulting.” U. of I.’s Chancellor Phyllis Wise said much of the same, telling USA Today, “This is not a scientifically based ranking. It’s a promotion for The Princeton Review.” Wise announced her resignation as chancellor yesterday afternoon.

Frankly, I was surprised to hear the U. of I. go all-out on offense.

Each year the Princeton Review unveils its annual rankings as broad sample sizes of the collegiate ecosystem. And each year, the party designation draws gratuitous attention to one lucky or unlucky school, depending on the perspective. The Review gathers information from tens of thousands of students to assemble its rankings, leaving tons of room for ambiguity and what most consider a flawed estimation of a school’s culture. I wouldn’t presume to think the U. of I., the University of Iowa, or the University of Wisconsin (top 3 in the rankings) are so-called “party” schools, but I also wouldn’t be quick to dismiss it as a reflection of a flawed system, however flawed it may be.

The U. of I. does not want a poll to pigeon hole its students, many of whom are more than likely hard-working and dedicated. Still, if perception is reality, a more objective approach might be to consider what students from around the country are apparently saying. This isn’t about having to admit to a suspect label; it’s about taking better control of the situation.

The subtext as it pertains to trial lawyers, especially firms that specialize in injury matters, is particularly troubling when it comes to safety. While school administrators are hard at work crafting carefully worded statements and ostensibly discrediting the Princeton Review’s methodology, a disgruntled parent or student may be thinking of how the ramifications may play out on campus. Should the parents’ worst nightmare come to fruition, they may also wonder how it plays out in a courtroom.

Imagine this hypothetical: A mother’s 18-year-old son dies of alcohol poisoning while pledging a fraternity. The mother claims negligence, citing that the school failed to protect her son even though the school knew of an exorbitant amount of injuries to students as a result of underage drinking and hazing. And here’s another: A young woman is the victim of a sexual assault on campus and the police report says that alcohol was a contributing factor, just days after the school’s been ranked the number one party school in the country. It doesn’t take a lawyer to draw certain conclusion for a jury; the media will take care of that.

The next annual ranking is less than 52 weeks away. The U. of I. and any other “party school” may want to acknowledge beforehand that, when it comes to party culture, the school is prepared to go on offense and a bit of defense.

  • « Go to Previous Page
  • Page 1
  • Interim pages omitted …
  • Page 118
  • Page 119
  • Page 120
  • Page 121
  • Page 122
  • Interim pages omitted …
  • Page 128
  • Go to Next Page »

Levinson and Stefani Injury Lawyers in Chicago / Attorney Advertising