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Failure to Conduct Background Check on High School Teacher Leads to Sexual Assault

March 19, 2024/in In the News/by Yao Dinizulu

The Dinizulu Law Group represented Jane Doe, a former high school athlete, who accused a former staff member of repeated sexual assault when they were a minor. The school failed to protect the student from danger after delaying and disregarding a background check that should have disqualified the employee from the job.

The employee was hired by the high school in 2017 and was later promoted. During the employee’s tenure, he displayed inappropriate conduct. In another lawsuit filed by another former student, the employee was terminated from the high school after texts sent to Jane and other students were discovered by a parent, then administrators, and then Chicago police.

The high school could have prevented what happened to Jane; however, they failed to conduct a background check for the staff member until he was already working at the high school. The background check wasn’t performed until more than two months after he was hired. Had the high school conducted a proper background check, it would have shown he had a record of attempted kidnapping and an attempted sexual assault.

Why Do Nursing Homes Drug Dementia Patients Without Their Consent?

May 5, 2020/in Blog/by Yao Dinizulu

The Human Rights Watch estimates nearly 179,000 people in nursing homes are administered antipsychotic drugs every week without having a diagnosis for which the drug is approved. The use of antipsychotic drugs as chemical restraints has a long, disturbing history in nursing homes. Many times, staff members use antipsychotics to convenience or “discipline” a resident.

Manufacturers have faced many civil and criminal penalties in the last decade for the misbranding of the medication to promote the drug as appropriate to treat older people suffering from dementia. The Food and Drug Administration (FDA) has required manufacturers to place a “black box warning” on the packaging, advising against the medicine and the side effects it may have on an individual. Antipsychotics being administered to someone with dementia almost doubles the risk of death for them and have never been approved as safe or effective. Despite the warning, nursing homes still administer antipsychotic drugs, sometimes without informed consent first, which is a violation of federal regulation and a person’s human rights.

Antipsychotics are powerful drugs developed to treat schizophrenia; however, nursing home staff often administer them to those with dementia for the sedative effects. Government regulations prohibits the use of drugs as chemical restraints or without informed consent.

Antipsychotics are misused for a variety of reasons, including the misperception by nursing homes that medications may help those with dementia, lack of awareness of the danger of the drug, lack of training in dementia care, and possibly the most significant, to compensate for understaffing. Kaiser Health News found that nursing homes have been exaggerating levels of nursing and caretaking staff for years, according to The Washington Post.

In most cases, antipsychotic drugs are administered in a harmful way without the appropriate consent. Nursing home residents and family members have reported the resident was given the medication without their knowledge, awareness of risks or dangers, or any objections of their own. Staff members have admitted they we not aware of an informed-consent policy, rather they gave it to the resident out of their own convenience. Nursing staff, pharmacists, and medical directors commonly prescribed medication to residents without even seeing them.

Antipsychotic drugs are a favorite among psychotropic medications in nursing home facilities because dementia is associated with aggression, anxiety, agitation, delusions, disinhibition, irritability, and wandering. Federal regulations say residents have a right to be informed of their treatment, or their right to refuse treatment; however, nursing homes ignore these rules, partly because they are rarely held accountable.

An 81-year-old man in Texas spoke out about his experience being over medicated, saying, “too many times I’m given too many pills. I can’t even talk. I have a thick tongue when they do that. I ask them not to give me the antipsychotic drugs. When I say that, they threaten to remove me from the home. They get me so I can’t think.”

The Human Rights Watch found 97 percent of citations for violations at nursing homes were related to antipsychotic drugs from 2014 to 2017. In almost no cases, the government did not impose financial penalties, leading to the likelihood of it occurring again. Nursing homes are mostly a for-profit industry, controlling most aspects of their residents’ lives.

If you or a loved one is injured due to a medication error you believe was unnecessary or wrongfully given, reach out to one of our experienced nursing home abuse attorneys. We have helped thousands of wronged victims get the justice and compensation they deserve. With over 50 years of combined experience, our verdicts and settlements have helped clients have a peace of mind and security. Please call the Dinizulu Law Group at (312) 384-1920 to schedule a free consultation or visit our website for more information.

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.

A New Way to Get Around Town

June 20, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Over the weekend, the city of Chicago launched a pilot program of electronic scooters to see if they serve as a viable means of transportation for Chicago residents. More than 2,500 scooters through 10 different companies – including Bird, Bolt, Lyft, and Spin – are part of the program. The four month pilot program launched on Saturday the south west side.

Electric scooters push scooters with electric motors, allowing riders to stand upright while controlling the speed using a throttle and brakes. Rather than paying for an Uber or Lyft, the electric scooter could provide a new way for commuters to get to and from work, among various different locations.

Overseeing the program is the Department of Business Affairs and Consumer Protection and the Chicago Department of Transportation. They hope to keep e-scooters out of the Loop and away from traffic. Just as the city has biking lines, scooter rides are suppose to ride in these lanes, as well.

On the first day of the pilot program, 10 companies reported surpassing 1,200 rides.

Areas the e-scooter perimeter is between Irving Park Road on the north, city limits and Harlem on the west, the Chicago River and Halsted Street on the east, and the river on the south.

If a rider tries to bring the scooter downtown, it will actually slow down and eventually shut down according to co-founder of VeoRide, Candice Xie.

The rider is required to provide a photo of the scooter properly parked before ending their fare.

The trial run continues now through October 15. The city of Chicago will then asses feedback before making a decision whether this option would be good for residents of Chicago.

3 Little-Known VA Pensions: Do You Qualify?

June 14, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Are you or a loved one a veteran or a surviving spouse? The VA offers many benefits; however, there are hundreds of thousands of veterans and/or surviving spouses that are eligible for these little-known VA benefits. These funds are used for assisted living at many facilities and for at-home care. Please consult an adviser to see if you or a loved one qualifies for the following VA benefits.

There are three levels of VA benefits called Pensions:

Basic Pension/Improved Income – healthy veterans with low incomes over the age of 65
Aid & Attendance – veterans over the age of 65 that require assistance with daily living activities
Housebound – veterans with a disabling rate of 100% that prevents them from leaving their home, but doesn’t have to be related to their military service

Aid & Attendance and Housebound pension benefits provide an additional monthly income over and above the Basic Monthly pension. To be eligible for either pension, the individual must meet the requirements for Basic Pension. The Aid & Attendance Pension benefits eligible veterans and their surviving spouses, or just the spouse in the event of a veteran’s death, to pay for the assistance they need in an everyday function. This includes eating, bathing, dressing, and medication management.

It’s important to note that potential eligibility conflicts between pensions and other assistance may arise. There are complex financial considerations for Aid & Attendance eligibility; however, the general requirements listed below must be met by the veteran or the surviving spouse:

Age – Veterans or surviving spouses must be 65 years old, or officially disabled if younger
Period of Military Service – Veterans must be considered “war time” veterans, meaning they served at least 90 days and served at least 1 day during the wartime dates listed below; this does not necessarily mean in combat:
- World War II: Dec. 7, 1941 – Dec. 31, 1946
- Korean War: June 27, 1950 – Jan. 31 – 1955
- Vietnam War: Aug. 5, 1964 – May 7, 1975 (or Feb. 28, 1961 – May 7, 1975 for Veterans who served in Vietnam)
- Gulf War: Aug. 2, 1990 – Undetermined
Discharge Status – Veterans cannot have been dishonorably discharged.
Disability Status – Veterans are eligible without a disability; however, a higher benefit is available to those who are disabled.
- Aid & Assistance Eligibility – veteran must require help with daily activities at home, in nursing homes, or assisted living. The need for that help does not have to be related to service in the military.
- Housebound Eligibility – veteran needs to have the disability rating of 100% that prevents them from leaving their home. The disability does not have to be related to their military service.
- Basic Pension/Improved Income Eligibility – no disability requirement.
Marriage Rules – a surviving spouse must have been living with the veteran at the time of their death and must be single at the time of a claim.

Medical-related expenses include skilled nursing, assisted living, adult day centers, and at-home care. Medicare and other insurance premiums, as well as prescriptions that may not be covered by insurance, should be included as medical-related expenses. Please check out how the VA calculates income here.

When calculating assets, the VA allows a veteran to deduct the value of their homes and vehicles; in addition, the VA looks at the applicant’s overall net worth in addition to their income. Net worth accounted for includes assets in bank accounts, stocks, bonds, mutual funds, and property, plus furnishings and personal effects, such as clothing.

VA Pensions can be used to pay family members who are the caregiver of a veteran or survivor (with the exception of spouses). Care expenses can be deducted from their income. Veterans’ spouses are not considered since joint income is calculated as household income.

The downside to these VA Pensions is it can be a lengthy process. Applicants can expect to wait 9-12 months before receiving their benefits; however, there are loans available to help pay for care while claims are being processed. Please consult an adviser to learn more about VA Pensions and Benefits.

Chicago Nursing Home Facing Allegations of Nursing Home Neglect

June 6, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Mayfield Care Center, a nursing home in Chicago, is facing allegations of nursing home neglect. Due to a staff shortage, residents have been left neglected and been living in poor living conditions.

According to CBS, Stan McKinney and his sister Geraldine believe Mayfield Care Center contributed to the death of their mother, Dorothy. This isn’t the first time Mayfield Care Center has been put into question. Stan McKinney recalled the times he would visit his mother and stated, “It was just the smell of death. It was gross neglect. I’ve gone when she was just on a mattress. There was no linen.”

Geraldine McKinney witnessed on multiple different occasions her mother being nude walking around on the floor she resided on. The McKinney’s wrote letters to Mayfield’s managers detailing what they witnessed and the neglect their mother was receiving. Dorothy McKinney passed away in 2017 from a staph infection after being neglected and suffering from severe bed sores.

Staff shortage has caused employees to be responsible for 40 residents, sometimes up to 70 leading to residents receiving improper care and neglect.

Mayfield Care Center has been sued nearly 50 times with most cases ending in settlements. According to the Illinois Department of Professional Regulations, Mayfield has been cited for insufficient nursing staff and has been investigated for several complaints but cited for none.

Studies conducted by the National Council on Aging estimate every 1 in 10 Americans over the age of 60 have experienced some form of elder abuse. There is 1-2 million cases of elder abuse per year; only 1 in 14 cases of abuse are reported to authorities.

Elder abuse includes physical abuse, emotional abuse, sexual abuse, exploitation, neglect and abandonment. The National Council of Aging (2018) suggested the most common warning signs of elder abuse, (but are not limited to):

Physical abuse: bruises, broken bones, abrasions, burns
Emotional abuse: unusual depression, strained relationships, withdrawal from normal activity, sudden change in alertness
Financial abuse and exploitation: sudden changes in financial situation
Neglect: bedsores, weight loss, poor hygiene, unattended medical needs
Verbal abuse: threats, use of power to control individuals

If you suspect a loved one is suffering from elder abuse in a nursing home or other long-term care facility, please contact Dinizulu Law Group immediately. We take allegations very seriously, and will work diligently until your case is resolved and your loved one is out of harm’s way. Please call us at (312) 384-1920 or visit our website for more information.

Nursing Home Neglect: “Granny Cams” in Long-Term Facilities

May 30, 2019/in Blog, Elder abuse/by Yao Dinizulu

CHICAGO, IL – Nursing home abuse is a serious issue that as many as 10 percent of seniors reported experiencing according to the National Center on Elder Abuse. As staff members work longer hours and are understaffed, stressful situations arise and begin to take a toll on nursing home staff often leading to neglecting or even abusing patients.

Having the ability to monitor your loved ones gives family members a peace-of-mind and allows the ability to keep an eye on caregivers; in addition, it can be helpful for family members to observe if caregivers are using improper techniques that may injure a patient or serve as evidence if abuse is found.

As more states are beginning to pass legislation to govern the use of cameras in long-term care facilities, otherwise known as “granny cams,” it is important to note there can be requirements when using the camera. Louisiana is the last state to pass this legislation preceding Illinois, New Mexico, Oklahoma, Texas and Washington, if both the resident and roommate have consented. Each state law differs from the next addressing concerns of consent, notice requirements, assumption of costs, penalties for obstructing or tampering with the camera, and access to recordings.

Some nursing homes may have requirements due to the language in their admission contracts. For example, Utah permits cameras in assisted living facilities while New Jersey doesn’t have a law specifically allowing the use of recording cameras; however, has a program that lends cameras to families who suspect abuse or neglect.

If you suspect abuse or neglect, get help immediately. If your state does not have a law or rules regarding the use of cameras in long-term care facilities, or if you have questions about their use, you should consult an attorney to discuss your rights and options.

The Dangers of Truck Accidents in Illinois

May 23, 2019/in Blog, Trucking accident injury law/by Yao Dinizulu

CHICAGO, IL (May 23, 2019)– As more licensed drivers and motor vehicles enter the roadway, it’s no surprise the number of traffic fatalities and injuries will steadily increase over time. The Illinois Department of Transportation reported that tractor-trailers contribute to roughly 11,000 accidents, including 106 accidents being fatalities (2016). Large trucks contribute to a staggering 13 percent of car accidents that occur within Illinois.

Commercial trucks include tractor-trailers hauling freight, construction vehicles, delivery trucks, emergency service vehicles and so forth. As the demand and use of trucks increases, it is important to note that smaller passenger vehicles are simply outweighed by heavy-weighted trucks. Nearly 80 percent of crashes involving trucks take place during the day in clear weather.

Trucks pose an inherent danger to other drivers on the road; in fact, there are specific laws and regulations in place at the federal and state level to ensure truck drivers are properly trained and meet certain standards that qualify them to drive a tractor trailer. Some basic standards all drivers must meet include being tested for drug and alcohol use, how often drivers are driving per day, passing a DOT physical that tests your eyes, ears, overall well-being. Other basic standards include obtaining a valid Commercial Driver License (CDL), all drivers must pass an endorsement test depending on the type of CMV that will be driven, and the truck must pass an air brakes test (Federal Motor Carrier Safety Administration, 2019).

Due to the pressures to meet company deadlines, trucking companies and drivers violate the safety rules and regulations put in place to protect us all from harm. A study conducted by the FMCSA found that over 66 percent of crashes involving trucks involved regulatory, brake, or marking violations. A trucking company could also be held accountable for “negligently hiring” an unfit driver who was not properly trained or a had bad driving history and caused a crash.

In the event that a loved one is killed in a trucking accident, family members may pursue a wrongful death claim. The Wrongful Death Act (740 ILCS 180/0.01) states whenever the death of a person shall be caused as a wrongful act, neglect or default of others, a person can pursue the negligent party at fault to recover any loss or damages due to their loved one’s death. Personal injury lawsuits following a truck collision intend to compensate the victim or their loved ones for harm resulting from the negligent acts of the trucking company providing damage of death, disfigurement, paralysis, burns, loss wages, medical costs and pain and suffering.

The statute of limitations limit how long you have to file a lawsuit. As such, it is important that you inquire with an experienced attorney immediately to preserve your legal rights. Our, experienced truck accident attorneys at Dinizulu Law Group, Ltd. will identify the help you need. With more than 50 years of combined experience, our legal team has protected and brought justice to victims and their families throughout Chicago and Illinois. Due to limitations and regulations, trucking accidents differ from car accidents and our attorneys will need to begin working on the case right away. Reach out to us online or by calling 312-384-1920 to further discuss your legal options.

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Sedating Residents Suffering From Dementia is Nursing Home Abuse

February 4, 2019/in Blog, nursing home neglect/by Yao Dinizulu

A study by the Human Right Watch finds that 179,000 nursing home residents are being given antipsychotic drugs, even though these residents don’t have schizophrenia, bipolar disorder, or other serious mental illness these drugs are designed to treat.

What’s troubling is that these drugs are being given to residents with dementia. These antipsychotic medications come with a black box warning from the FDA, specifically stating these drugs shouldn’t be given to dementia patients. This black box warning is because antipsychotic drugs have been shown to increase the risk of death in patients with dementia.

Yet this is exactly the type of residents nursing homes are targeting with these medications. Almost 300,000 nursing home residents get these drugs. Rather than taking proper measures, such as investing in training programs, developing care plans that address behavior linked with dementia, or hiring staff qualified to work with dementia patients, many nursing homes are instead sedating patients to make them docile. In understaffed nursing homes, this practice is even more common.

Such nursing homes are essentially willing to play dice with their residents’ lives rather than providing quality care and hiring adequate staff. Undermining the entire service of their profession—which is to care for their residents—such nursing home are succumbing to awful practices to essentially control their residents.

If you or your loved one in a nursing home is injured due to a medication you believe was unnecessary or wrongfully given, know that there are options for you. Our Chicago nursing home abuse attorneys have helped over thousands of wronged victims get the justice they deserve. With over 50 years of combined experience, our verdicts and settlements have reached have helped many get peace of mind and arrive at a place of security. Call the Dinizulu Law Group, Ltd. at 1 (312) 384-1920 or 1 (800) 693-1LAW to schedule a free, initial consultation.

Will Medicare’s New Payment System Prevent Nursing Home Neglect?

January 25, 2019/in Blog, nursing home neglect/by Yao Dinizulu

In 2016, nearly 11 percent of nursing home residents were sent to hospitals for conditions that might have been averted with better medical and staff oversight. This fiscal year, which runs October 2018 to September 2019, Medicare will implement a new system of accountability for nursing homes. To avoid hospital re-admissions of nursing home patients, medical will switch to a system of bonuses and penalties.

Through this fiscal year, the best-performing homes will receive 1.6 percent more for each Medicare patient than they would have otherwise. The worst-performing homes will lose nearly 2 percent of each payment. This move is intended to target nursing homes’ bottom lines.

Shifting financial incentives from the number of patients they house to the quality of care, Medicare is able to expand on its efforts to improve nursing homes.

Most nursing homes are for-profit and operate primarily on a basis of financial incentives. Therefore, it’s not uncommon to see nursing homes understaff their facilities and not provide care givers with the necessary tools and training to do their jobs.

The Dinizulu Law Group, Ltd. praises Medicare’s efforts to hold under-performing nursing homes accountable. We hope this strategy is successful in improving care for our elderly loved ones.

However, at the same time, we also need to address what will happen once under-performing facilities receive further budget cuts. After further Medicare cuts, will such facilities be even less motivated to hire or train adequate staff? And thus, will residents’ care in such facilities worsen?

While we won’t know these answers until we see the full effects of this Medicare policy, know that you can do something today if you or your loved one is suffering harm in a nursing home. There are legal options available right now that will hold the wrongful facility accountable and get the needed care for mom or dad. Schedule your free, initial consultation with the Dinizulu Law Group, Ltd. today. Our Chicago nursing home neglect attorneys have over 50 years of combined experience that we put to the test everyday fighting for injured victims. Contact us at 1 (312) 384-1920 or 1 (800) 693-1LAW, or by email.