The attorneys at HMM have dedicated their lives to obtaining justice for victims of violence.  However, the NRA is actively involved in preventing any meaningful change in the law to protect Americans from gun violence.  The NRA’s advocacy of unlimited gun ownership in America contributes to a culture of violence that places all of us—and especially our children—at tremendous risk.

The Bellevue Reporter released an article this week about the $20M verdict against Paccar Inc.—The truck manufacturer based in Bellevue, Washington. See the full article here. 

.On Jan. 23, 2012, Hurley McKenna & Mertz client, Quentin Ravizza was driving a 1997 Kenworth T-800 tow truck in a southwest suburb of Chicago. After detecting a mechanical error, he pulled over to assess the problem. While looking under the hood, a gust of wind slammed the hood closed, with the force of almost 1,000 pounds. It fell directly onto Mr. Ravizza’s head. He suffered severe facial fractures and the loss of his right eye.

The Hurley, McKenna & Mertz team proved that PACCAR, Inc. was negligent in its design and manufacture of the 1997 Kenworth T-800 truck because there was no adequate safety feature to prevent an unintended closure of the hood. But HM&M didn’t stop at poor design. The team presented damning evidence that PACCAR headquarters knew of similar life-threatening incidents dating back to the 1980’s, and still chose to do nothing about it.

Back in 1991 a Conoco driver, Greg Ragle, observed the involuntary hood-closure as a serious safety issue and invented a solution. He designed and produced an easily installable safety bar to hold the hood open. The invention reached PACCAR’s chief engineer, and he assured Ragle that the design had merit and would be installed on Kenworth and Peterbilt trucks in the future.

Nobody likes taxes— but everyone wants a qualified air traffic controller.

At tax time we complain. But it’s important to remember why we pay taxes. We want our garbage hauled away. We want the fi re department and the police nearby. We hate potholes. We want clean water, fresh air, and beautiful parks. We want someone to make sure the medicines we use are safe. We want qualified air traffic controllers. We know these things are not free, but we still complain about taxes.

The State of Oklahoma just passed a “loser pays” rule for all civil suits. This is how it happened: there was a bill with strong bi-partisan support to establish a statute of limitations for sexual abuse cases. Then at the last minute, an amendment was tacked on which requires the court to award costs and attorney’s fees to the prevailing party in ALL civil suits -- not just sexual abuse cases. There was no committee discussion of this amendment – no floor debate – it passed 44-0 in the Senate and 92-2 in the house. Then the bill was quickly signed by the Oklahoma governor. And now the people of Oklahoma have something rich people and corporations have wanted for a long time. Now in Oklahoma, the courts belong to the rich.

Imagine that your neighbor is Bill Gates and he decides to build an addition onto his big house. Imagine that his contractor excavates in a way that undermines your foundation and causes damage to your home that will cost $500,000 to repair. Would you sue him? In Illinois, you would. Not in Oklahoma. With his $87 billion net worth, Bill Gates can lose $500,000 in his sock drawer. If he loses the case and pays you and your lawyer - so what? It might just amuse him to hire some high-priced law firm to see if he can win and bankrupt you in the process. Maybe he has been wanting to tear down your house anyway? With loser pays, rich guys win - the rest of us don’t even get to play.

Experiencing a medical error can be frightening. It might delay your recovery and take a toll on your body. A lesser-known consequence is the trust you may lose in your doctor. Experiencing a medical error is bound to make a patient feel violated and unheard. While navigating the complex seas of finding a new health care provider, allow your past to inform you decision. Look for a doctor that listens to what you and your body have been through.

If you are wary about finding a new physician because of a prior bad experience, try out these tips:

1). Have someone accompany you to the appointment

Having a partner or friend join you on a visit to a new doctor can make you feel more comfortable, and that person can serve as another set of eyes and ears.

Sexual Harassment in the workplace is unequivocally common. So when it happens, the victim should seek justice in court. That is every citizen’s right according to the Seventh Amendment.

However, countless employers include an “Arbitration Clause” in employee contracts. It’s an inconspicuous disclaimer that most people are unaware of. This clause essentially requires employees to waive their right to sue in the event of harassment or discrimination. “Arbitration” is just another word for mediation-- In which the company pulls aside the victim and the perpetrator to try and settle the dispute internally. That way, the company gets off scot-free. The employer doesn’t have to worry about a public lawsuit, about firing the guilty party, or about making sure in-office harassment doesn’t continue. The system is a pretty transparent. It allows the company to save it’s own skin. But the bottom line is, the clause doesn’t protect victims, it silences them.

In her recent essay, Gretchen Carlson wrote, “According to the National Employment Lawyers Association, in 2010 36 million employees — or roughly a third of the non-union workforce — were subject to mandatory arbitration for workplace disputes.” It’s been proven that employees lose in arbitration meetings far more often than they do in litigation trials. The win rate for employees in arbitration is only 21.4 percent, according to Alexander Colvin’s study. “An Empirical Study of Employment Arbitration: Case Outcomes and Processes”.

The following letter to the editor by ITLA President Christopher T. Hurley appeared in the Chicago Sun-Times on February 23, 2017.

In his budget address, Gov. Bruce Rauner said Illinois should emulate Massachusetts workers’ compensation system. However, following its lead would come at a great cost to our state’s taxpayers. Massachusetts doctors who care for those injured on the job are the lowest paid in the nation, which raises concerns about access to quality care.

If Illinois cuts the rate doctors are compensated to treat injured workers to match Massachusetts’ levels, a patient’s choice of physicians will be seriously limited and wait times for treatment are sure to rise significantly.

The following is a statement released by Richard Burbidge, President of the International Academy of Trial Lawyers.

The International Academy of Trial Lawyers expressly and unequivocally condemns attacks on the independence of our judiciary and the Rule of Law, two cornerstones of our democracy.  Judges are ethically prevented from making public remarks about cases pending before them and must rely upon others to protect the judiciary from inappropriate and disrespectful criticism.  Lawyers have a special responsibility in defending the Rule of Law and the independence of our judiciary, and the protection and defense of those principles are integral to this Academy and its work.  

The recent attack upon United States District Court Judge James Robart shows disrespect for our judiciary, the Rule of Law, and a system which has existed for almost 250 years.  Judge Robart is not a “so-called judge.” Judge Robart, nominated by then-President George W. Bush, was unanimously confirmed by the Senate in 2004 and has served our nation since his confirmation.  Like the President of the United States, Judge Robart is entitled to the respect afforded a person in his position and the mutual respect upon which our government was founded.

The following letter to the editor by ITLA President Christopher T. Hurley appeared in Crain's Chicago Business on December 5, 2016.

Gov. Bruce Rauner disingenuously claims that he’d like a balanced approach to improving workers’ compensation (“Bruce Rauner: My case for workers’ comp reform”), but demands that workers, especially those nearing retirement age, bear the financial brunt of his proposed changes.

It should be within a private citizen’s grasp to identify a dangerous intersection in their community and ask the state to make it safer. Unfortunately, obtaining the data to prove that a particular place on a public road has been prone to recurring accidents is more complicated than it seems. 

The lack of transparency from the state and local government can seem unjust and frustrating. But it’s important to understand how the state is protecting itself and why. From there, concerned citizens can learn how to effectively collect public road information to keep their communities safe.  

The following letter to the editor by ITLA President Christopher T. Hurley appeared in Crain's Chicago Business on December 5, 2016.

Leave it to the Illinois Policy Institute to promote the fiction that the loss of manufacturing jobs has been driven by the cost of workers’ compensation insurance and to propose, as a solution, a right hook to men and women hurt on the job.

IPI is desperate to validate Gov. Bruce Rauner’s race-to-the-bottom pursuits – demands for changes in state law that would hurt Illinois’ working and middle class families before he will even discuss completing work on a budget the state has lacked for an unprecedented two years – and it is eager to distract from the fact that profits are growing for  workers’ comp insurers.

Being honest, transparent, and accountable for a medical mistake might be the ethical approach - in fact, this behavior is encouraged by the Code of Medical Ethics, the American Medical Association, and the American Academy of Pediatrics. Unfortunately, not all physicians follow this ethical guideline. Even more concerning the data from a recent study, which revealed that more doctors are willing to cover up a mistake. Why is this becoming a trend, and what does it mean for some of the most vulnerable members of society? The following explains further, and provides some important information for victims of medical error.

Nearly One-Fourth of Doctors Willing to Cover Up a Mistake

More than 7,500 doctors from over 25 specialties were asked one simple question: is it ever okay to cover up a medical mistake. The majority of doctors said no (78 percent), which is a good thing, but seven percent said they would most definitely cover up an error. Another 14 percent said “it depends.” Their stance was often based on the level of harm that the patient had or could experience. This was across all specialties, which includes doctors who treat some of society’s most vulnerable members.

By Emily Spectre, Daily North Shore

When trial attorney Christopher Hurley successfully tried a case on a behalf of a family whose wife and mother had died from sustained hypoxia in a hospital emergency room, he could have stored the case file and moved on. Instead, the Winnetka resident decided to address the underlying problem.

During the trial, Hurley realized the emergency room doctors, while well-intentioned, were inadequately trained. It took the doctors a half hour to secure an airway for his client, who was having an asthma attack. Hurley recognized that with proper training the result would have been different for his client and others suffering similar circumstances.

Anyone of us could be hurt on the job. It doesn’t matter if we work in an office, in a factory or on a farm, accidents happen to people in every occupation. When someone is seriously injured, the question becomes: Whose responsibility is it to pay for their care and rehabilitation so they can get back to work?

For Republican Gov. Bruce Rauner, his insurance industry allies, and many businesses the unfortunate answer is that the person who was hurt and the taxpayers should pay. Under the guise of "reform" they are seeking further changes to our workers' compensation laws that shift the risk of needing to care for the injured away from insurers and that allow employers to more easily evade the responsibility for ensuring safe work sites and working conditions.

Rauner and Republican legislators want to cut the number of injured workers eligible to receive benefits and many employees, especially older workers more likely to be hurt, would receive no compensation for serious work-related injuries.

While the current rate of medical malpractice in the United States places every patient at risk, some have a higher risk than others. Among them are non-English and limited English speaking patients and families (about 20 percent of the U.S. population, or about 57 million people). Just what is this risk, and what does it mean for limited or non-English speaking citizens? More importantly, what rights do people in these communities have if they do experience a serious error? The following explains further.

Understanding the Risks

Numerous studies have been conducted on the potential harm that patients face when doctors make critical mistakes and diagnostic errors. Among them are studies that have examined the potential effects of language barriers, which have found that non-English speaking and limited English speaking patients have an overall higher risk of experiencing:

There are many types of medical error that end badly, but often the most tragic are those involving a misdiagnosis or failure to diagnose cancer. Many either lose their lives, or a portion of their body that never should have been removed. What is most concerning, however, is the frequency at which these accidents occur. If you or someone you love has been misdiagnosed with cancer, or has suffered because of a failure to diagnose, the following can help you understand your options.

An All-Too-Common Occurrence

Each year, approximately 1.3 million people are diagnosed with some form of cancer. Of those, around one in 71 cases are misdiagnosed. This was determined by a recent study from The Johns Hopkins Hospital in Baltimore. What is even more concerning, however, is how many of these cases are misclassified, meaning the patient did actually have cancer, but pathologists had misjudged how far or fast the cancer had spread. Much like a failure to diagnose (which is also surprisingly common), such an error can ultimately lead to the unnecessary and untimely death of a patient.

While it is fairly common knowledge that developing countries still struggle with infant and maternal mortality in childbirth, many wrongly assume that such tragedies are not an issue in developed nations. Unfortunately, nothing could be further from the truth. In fact, statistics indicate that maternal mortality has doubled over the last 20 years. If someone you love has suffered the same fate, and you believe medical negligence may have been a factor, the following information can help you better understand your rights, including your right to compensation.

Understanding Maternal Mortality in the United States

According to the Centers for Disease Control and Prevention (CDC), more than 600 women die from childbirth complications per year. Complications related to the puerperium (the reproductive system’s return to its pre-pregnancy state, which continues over the course of about six weeks after childbirth), eclampsia, preeclampsia, hemorrhaging of the pregnancy, placenta previa, and pregnancy with an abortive outcome are some of the most common causes. Many of these complications, if caught early, could be prevented or managed prior to, during, and after delivery. In such instances, medical negligence may have occurred.

Over the last decade, an estimated 750,000 women have received the Essure birth control implant. Thousands have reported health complications, some of which were life-altering. In response, the U.S. Food and Drug Administration has moved to issue a “black box” warning – their most serious type – for Essure. Yet the devices remain on the market. If you or someone you love has the Essure implant, the following information covers what you should know about the possible risks, and what you can do, should you experience any of them.

Current Warning Label and Potential Complications

Pitched as the only non-surgical permanent birth control option, Essure consists of two nickel-titanium coils. They are implanted into the fallopian tubes, through the cervix, during a 15-minute procedure. Within three months, scar tissue is supposed to develop around the coils, preventing the fallopian tubes from releasing eggs into the uterus. Until a follow-up check at that three-month mark, women are told to use alternative forms of contraception to prevent pregnancy. The device’s current warning says women may experience pelvic pain and bleeding immediately after the procedure.