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Ceiling fans sold at Home Depot recalled because blades may spin off

December 29, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – More than 190,000 ceiling fans have been recalled because of the fans’ blades may detach and fly off while in use.

King of Fans, a Fort Lauderdale-based company that makes the 54-inch Mara ceiling fans, announced the recall on Wednesday after receiving 47 reports of blades detaching, with at least two consumers hit by a blade and four instances of property damage.

The fans were sold in Home Depot nationwide from April to October of this year costing nearly $150. About 182,000 were sold in the U.S. and another 8,800 were sold in Canada.

The recall came in three finishes according to U.S. Consumer Product Safety Commission:

Matte white (UPC No. 082392519186)
Matte black (UPC No. 082392519193)
Black (UPC No. 082392599195)
Polished nickel (UPC No. 082392599188)

Consumers have been urged to stop using the fans immediately and to check for signs of defects. For those who notice “blade movement or uneven gaps between the blades and fan body,” should contact King of Fans for a free replacement.

King of Fans can be contacted at (866) 433-1291, Monday through Friday from 9 a.m. to 5 p.m. EST, or by emailing MaraRecall@KingofFans.com.

Doctors Concerned About Lack of Cancer Screening During COVID-19 Pandemic

October 9, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – The COVID-19 pandemic has created medical problems beyond itself. Both doctors and non-profit leaders are concerned about the lack of cancer screenings and patient funding since the pandemic began in March.

Dr. Heather Greenwood, a University of California – San Francisco radiologist, told ABC 11, “We’re very, very worried. While there’s, unfortunately, a lot of patients struggling with COVID, the number of patients with cancer is not going away either.”

The National Cancer Institute has published numerous models that suggest breast cancer and colon cancer alone, for the next decade, there will be more than 10,000 deaths because people are not being screened as they normally would.

Most breast imaging appointments – mammograms and ultrasounds – were canceled in accordance with lock down guidelines. Volume has picked back up at some hospitals; however, doctors say they are still concerned.

The founder and CEO of Susan G. Komen’s San Francisco branch mentioned she delayed her mammogram for several months and is now going in October. “Everything is down.” Horning mentioned how this impacts women who are underinsured and underserved.

The pandemic has forced several fundraising events, such as the Susan G. Komen More Than Pink Walk to move to a virtual event. As a result, donations and registration are down. These funds help patients who are in need of chemotherapy, pain medication, transportation to and from their treatment center, or childcare or psychosocial services.

Medical Malpractice: Claim Requirements and How to Prove a Claim

September 10, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Medical malpractice occurs when a patient is harmed by a medical professional, or doctor, who fails to competently perform his/her medical duties. State rules about medical malpractice differ in terms of how long you have to bring forth your lawsuit to notifying your doctor of a lawsuit; however, there are some general requirements to file a malpractice claim.

Basic Requirements for a Medical Malpractice Claim

To prove that medical malpractice occurred, you must be able to prove the following:

A doctor-patient relationship existed. You must show that you and your doctor established a doctor-patient relationship – this means, you hired the doctor and the doctor agreed to have you as a patient. If a doctor began to see you and treat you as a patient, it’s relatively easy to prove a physician-patient relationship existed.
The doctor was negligent. The doctor must have been negligent when diagnosing you or in your treatment. To sue for malpractice, you have to prove that your doctor harmed you in a way that a competent doctor, under the same circumstances, would not have. It’s important to note that the doctor’s care is not required to be the best possible, but rather “reasonably skillful and careful.” Nearly every state requires the patient presents a medical expert to discuss the appropriate standard of care and show how the doctor deviated from the standard of care.
The doctor’s negligence caused the injury. Because many malpractice cases involve patients that were already sick or injured, the question that often arises is whether what the doctor did, negligent or not, actually caused the patient harm. A patient must show that it was more likely than not that the doctor’s incompetence directly caused their injury. Normally, the patient must have a medical expert testify that the doctor’s negligence directly caused further harm.
The injury led to specific damages. Even if it’s clear that your doctor performed below the standard of care, the patient cannot sue a doctor if they didn’t suffer any harm. Some examples of the types of harm patients can sue for are:

- Physical pain
- Mental anguish
- Additional medical bills
- Lost work and lost earnings

Common Types of Medical Malpractice

There is a wide variety of situations that can lead to a medical malpractice claim; however, most malpractice claims fall into one of these categories:

Improper treatment. If a doctor fails to follow the standard of care and treats the patient in a way that no other doctor would, the patient could have a medical malpractice claim. It could also be a malpractice claim if the doctor were to select the appropriate treatment, but administers it incompletely.
Failure to diagnose. If a competent doctor would have discovered the patient’s illness or made a different diagnosis, which could have led to a better outcome, the patient may have a medical malpractice claim.
Failure to warn a patient of known risks. Doctors are responsible for warning patients of known risks of a procedures or a course of treatment, known as the duty of informed consent. If a patient, once properly informed of all possible risks, would have elected not to go through with the procedure, the doctor may be held liable for hurting their patient if they were injured by the procedure.

Statute of Limitations

The statute of limitations is a strict amount of time you have to get your case started in the state’s civil court system; however, this differs from state to state. Illinois has a statute of limitations that directly applies to medical malpractice cases. That law requires the lawsuits to be filed within two years of the date in which the plaintiff knew, or should’ve known, about the injury that was caused by the healthcare professional’s malpractice.

In the event that this is not discovered right away, the Illinois medical malpractice statute of limitations goes on to set a larger deadline in which a malpractice claim can be brought more than four years after the date the medical error occurred. You can learn more about this here.

If the plaintiff is under the age of 18, there is a specific filing deadline for a lawsuit filed on behalf of them. These cases must be filed within eight years of the date on which the malpractice occurred, but in no event can the case be brought beyond the person’s twenty-second birthday.

Getting Help

Medical malpractice law is highly complex that differs from state to state, so it’s important to get advice or representation by a lawyer.

The medical malpractice attorneys at the Dinizulu Law Group are highly experienced and have the resources to properly handle your medical malpractice claim. If you have been harmed or suffered an injury due to your healthcare providers negligence, please contact our office at (312) 384-1920 for a free consultation.

What Are a Nursing Home Resident’s Financial Rights?

August 7, 2020/in Blog/by Yao Dinizulu

When you think of a nursing home, you probably imagine many elderly individuals living there who rely on staff members to help them with their everyday tasks. While it is true that most do require around the clock assistance, there are plenty of residents who still act independently and are able to manage certain areas of their life. Take finances, for instance. A large portion of residents living in a nursing home in Illinois still have the mental capacity to make financial decisions and even handle their own money. According to The Consumer Voice, some of the financial rights a nursing home resident has include:

They have the right to handle their own bank accounts and money.
They have access to their funds on weekdays during business hours.
They are able to withdraw as much of their own money as they choose.
They can keep their spending habits private.
They can receive an itemized account of their monthly bill.
They can appoint a person to handle their finances.

Because a nursing home resident may still have access to their funds, many individuals, including workers and even family members, will sometimes take advantage of their vulnerability and steal from them. This is referred to as financial abuse or financial exploitation. Because this is a serious issue many aging individuals are faced with today, it is important that if you are considering allowing someone to manage your money, it is someone you can trust.

What are some preventative measures that can be taken to avoid theft in a nursing home?

Aside from financial abuse, nursing home residents also find themselves faced with other issues including having their valuable items taken from them should they choose to bring them when they transition from living in their own home and into a nursing home. Because we understand how important these items may be as they may not only hold value but also a place in your heart, it is important that you take preventative measures to avoid from becoming a victim of theft during your stay. Some preventative measures The Consumer Voice recommends you take include:

Mark all of your personal items, including watches, dentures, eyeglasses, and hearing aids, etc. so that everyone knows who they belong to.
Keep a written inventory checklist of clothing and other valuables, signed by you and a representative from the facility.
Provide your family members with a copy of the inventory checklist as well.
Take pictures of your valuable items.
Keep copies of all receipts for any items taken into the facility.
Place locks on clothing drawers and/or cabinets, where only you and an administrator have a key to open it.

What should I do if I am the victim of financial abuse?

If you or your aging relative has become the victim of financial abuse and you believe an Illinois nursing home employee is inflicting this abuse, you are encouraged to contact the Chicago, IL nursing home abuse lawyers at Dinizulu Law Group, Ltd. Our dedicated team of attorneys can investigate into the matter and gather all the necessary evidence that proves you or your loved one is, in fact, the victim of such abuse. We can then explain what options are available in terms of taking legal action and help you make an informed decision as to which may be the best for you to pursue.

To schedule a consultation to learn more about nursing home financial abuse and how we can serve as an advocate for you and your loved one, contact us today at (312) 384-1920.

Family Sues 87th St. Symphony Beverly Nursing Home for Catastrophic Falls

August 3, 2020/in In the News/by Yao Dinizulu

CHICAGO, IL – The Dinizulu Law Group, Ltd. filed a lawsuit in Chicago on behalf of a Chicago family against Symphony Beverly nursing home, a chain nursing home operating in Illinois, Indiana, Michigan, and Wisconsin. Symphony Beverly is located at 2940 W. 87^th St. in Chicago, IL. In the complaint, the family alleges that Symphony nursing home ignored the warning signs and allowed a wheelchair bound mom to fall twice, resulting in her becoming quadriplegic.

According to the nursing homes own clinical evaluation admission note, it was known Yvette required extensive assistance with limited mobility. It was specifically noted that she could not bear her own weight and must be assisted into a chair, bed, or wheelchair. Yvette made frequent slight jerking motions that changed her body positions. The defendant recognized that Yvette maintained relatively good position in a chair or bed “most of the time,” but occasionally slid down. In other words, Yvette was known as a fall risk. In addition to having a history of falls, Yvette was a high fall risk because the medication she was on induced muscle weakness, numbness, dizziness and drowsiness. These complicated her ability to fully control her body. In addition, she was also on blood thinners which put her at a high risk for hemorrhage if a fall occurred, especially involving her head.

According to Yao Dinizulu, a partner at the Dinizulu Law Group, “When a nursing home takes in a patient, they are saying they are accepting the responsibility for the care of your loved one. In this case, they knew Yvette was a substantial fall risk that could not stay steady in a wheelchair. Despite all of these warning signs, they failed to place her in a wheelchair that fit her condition. The standard of care required that a Broda wheelchair in order to ensure that she did not fall, slip out, or unsettle the wheelchair that would allow her to hurt herself.”

Broda wheelchair

On August 14, 2017, Yvette was placed in a wheelchair that was not non-skid resistant that could allow a non-stable patient like Yvette to fall. As a result, on August 14, she tragically fell resulting in an admission to Christ Hospital and was diagnosed with acute-subacute flaccid paralysis with spinal cord changes and increased intensity for cord compression. While still recovering from her first fall at Symphony Beverly, a CNA attempted to move Yvette alone from her bed despite company policy that mandated two staff members must assist in moving and repositioning her. This resulted in Yvette falling again from her bed, worsening her previous fall. After these falls, her conditions progressively worsened until she passed away six months later.

Hyundai, Kia Agree to $758 Million Engine Fire Class Action Settlement

July 24, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Hyundai and Kia have reached a $758 million settlement with car owners who claim that their vehicles suffer from premature engine failure which has caused cars to burst into flames. The class action lawsuits allege that the car companies were aware of the defect but did not disclose this information to customers. The settlement includes nearly 4.1 million car owners who bought a number affected vehicles.

According to the motion for approval of the class action settlement, the vehicles that are part of this Class include: “all 2011-2018 and certain 2019 model year Hyundai Sonata vehicles, all 2013-2018 and certain 2019 Hyundai Santa Fe Sport vehicles, all 2014-2015, 2018, and certain 2019 Hyundai Tucson vehicles, all 2011-2018 and certain 2019 Kia Optima vehicles, all 2011-2018 and certain 2019 Kia Sorento vehicles, and all 2011-2018 and 2019 Kia Sportage vehicles originally equipped with or replaced with a genuine Theta II 2.0 liter or 2.4 liter gasoline direct injection engine within OEM specifications.”

Due to defects highlight in the settlement agreement, Hyundai and Kia cars reportedly caught fire, resulting in personal injury claims such as property damage and/or physical injury. In extreme circumstances, the defects resulted in houses and/or garages being burned down.

Holding auto manufacturers liable for defective vehicles is never a simple task. At the law office of the Dinizulu Law Group, Ltd., we take on tough cases against large corporations, and we know how to fight for your right as a consumer. Call (312) 384-1920 or contact us on our website for a free consultation with a Chicago personal injury attorney.

11th American Dies Following Trip to Dominican Republic

June 25, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – According to the US State Department, 11 American citizens have died in the Dominican Republic over the course of the last year. FBI investigators are comparing blood samples from the deceased tourists to alcohol samples at Dominican resorts.

Many deceased tourists were reported to have pulmonary edema, a fluid in the lungs at the time of death; however, Dominican Republic officials insist the deaths are unrelated and stating it’s still safe to visit (Rolling Stones).

The most widely reported theory on how American tourist death toll continues to rise has been linked to counterfeit alcohol. Counterfeit alcohol is unregulated, or bootlegged, and has caused deaths in India, Iran, Indonesia, and several other countries in recent years (Business Insider). Bootlegged alcohol is sold outside of governmental regulation – this leads to low quality health regulations which can be toxic or deadly. Hotels where the deceased tourists have stayed include Grand Bahia Principe Bouganville Hotel, Hard Rock Hotel and Casino in Punta Cana, and Bahia Principe in Punta Cana.

A Canadian couple recently stated they had visited Grand Bahia Principe Punta Cana in 2016 and became hospitalized after sleeping in their hotel room being woken up to a powerful chemical smell (ABC7 Chicago). The couple initially changed rooms until the situation became critical. The woman’s muscles, hands, and legs began to spasm before she lost consciousness; she was hospitalized for four days with effects still lingering.

The International Alliance for Responsible Drinking (IARD) said bootlegged alcohol is driven by the economic benefit of being extremely cheap to produce compared to legal, branded products. Counterfeit alcohol can be laced or made with substances such as battery acid, methanol, or embalming fluid.

There have been 150 deaths attributed to alcohol poisoning in Assam, a state of India, from bootleg alcohol. According to the 2018 IARD report, 29 percent of total alcohol sales in the Dominican Republic are from illegal alcohol sales.

To ensure you are not drinking counterfeit alcohol, always drink at licensed bars and restaurants, and drink brands you recognize. It’s important to check the spelling on the label of bottles and that label is firmly secured. The seal of liquor should always be secure and never tampered with. You can also hold a bottle upside down to inspect for any unidentified particles or sediments.

Liquor in foreign countries can be much cheaper to purchase; however, it may not always be the best choice. Always inspect products before purchasing and be cautious of consumption.