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Vanessa Bryant Files Wrongful Death Lawsuit

CHICAGO, IL – Attorneys for Vanessa Bryant have filed a wrongful death lawsuit against Island Express Helicopters Inc., the company that operated the helicopter, that killed her husband Kobe Bryant, daughter Gianna Bryant, and seven others. The lawsuit was announced the same day that thousands crowded Los Angeles’s Staple Center to honor the lives of the victims.

The complaint was filed February 24, the same day as the memorial for Kobe and Gianna Bryant. The complaint was filed in Los Angeles County Superior Court against Island Express Helicopters and Island Express Holding Corp. alleging Ara Zobayan, the pilot, failed “to use ordinary care in piloting the subject aircraft” and was negligent in eight ways, including failing to properly assess the weather, flying into conditions he wasn’t cleared for and failing to control the helicopter. The 27-count complaint names Zobayan’s estate as a defendant, seeking compensatory and punitive damages.

“Defendant Island Express Helicopters authorized, directed and/or permitted a flight with full knowledge that the subject helicopter was flying into unsafe weather conditions,” the lawsuit states.

Zobayan was cited by the Federal Aviation Administration in 2015 for violating the visual flight rules, that required him to see where he was going, when flying into reduced visibility airspace.

Kobe Bryant died “as a direct result of the negligent conduct of Zobayan for which the company is vicariously liable in all aspects,” according to the complaint.

The 1991 Sikorsky S-76B crashed into a hillside in Calabasas while traveling to a youth basketball game at Kobe Bryan’t Mamba Sports Academy in Thousand Oaks. All nine aboard the helicopter died.

A preliminary report from the National Transportation Safety Board found no engine or mechanical failure; however, the agency’s probe of the crash is ongoing.

Senate Reports More Than 400 Facilities with “Persistent Record of Poor Care”

CHICAGO, IL – Nursing home abuse is extremely under-reported in the United States; however, a list released by the Senate named nearly 400 facilities across the nation that had a record of “persistent poor care.” According to documents and interviews, budget cuts are the contributing factor by reducing available funds to focus on the inspections that are required for nursing homes.

Two Senators released a report in June for the families that are struggling to find the right nursing home for their loved ones. Many people had questions regarding why some homes were not disclosed, while others were publicly identified.

Senator Bob Casey, D-PA, and Senator Pat Toomey, R-PA issued the report stating, “we’ve got to make sure any family member or any potential resident of a nursing home can get this information, not only ahead of time but on an ongoing basis,” according to the Associated Press.

The report comes after the Center of Medicare and Medicaid Services (CMS) provided a list of nursing homes with ongoing issues and documented problems that were not publicly disclosed. More than 1.3 million Americans live as a nursing home resident in more than 15,700 facilities.

There is a Special Focus Facility Program in which CMS did not disclose the names of roughly 80 smaller nursing homes that are getting special inspection to help solved documented problems. Nursing homes that don’t improve and fix their standard of care could potentially be cut off by Medicaid and Medicare.

Medicare provides a website entitled “Nursing Home Compare” with detailed information regarding all Medicare and Medicaid-certified nursing homes across the country. Nursing homes that are in the Special Focus Facility Program can be identified by a small icon that is a yellow triangle.

CMS Administrator Seema Verma singled out federal budget problems as a factor according to the AP. Verma mentioned, “The number of special focus slots and total number of special focus candidates are based on the availability of federal resources. In 2010, there was room for 167 nursing homes and 835 candidates; now it’s down to 88 slots and 440 candidates.” Federal budget cuts were reduced in 2014.

Federal budget cuts are not the only factors: staffing level and clinical outcomes should be considered.

According to Modern Health Care, recent studies show that nursing home staffing levels are often much lower than what facilities are reporting. Half of the facilities that were analyzed met staffing levels less than 20 percent of the time; moreover, registered nurses in 91 percent of organizations met expectations less than 60 percent of the time. For-profit facilities were more likely to report higher staffing levels compared to not-for-profits.

This is a crucial factor when deciding what facility to place your loved one in. The Consumer Voice mentioned direct caregivers such as an RN, LPN, LVN, or CNA can have up to 5 residents in a day, 10 in the evening, or 15 at night; in addition to licensed nurses including RN, LPN, or LVN, during the day having 15 residents, in the evening 20, and at night 30 residents.

You don’t want to put your loved one in a nursing home where the staff to resident ratio is not sufficient enough care your loved one should be and needs to be given. On average, a RN in a nursing home in the United States has a salary of $61,363 as of August 2019; however, the range typically falls between $57,744 and $64,973 (Salary). It’s important to note many nursing homes are under-staffed, which means staff is overworked and underpaid, often times neglecting your loved one – especially if family is not consistently visiting.

Modern Health reported RNs spent 42 percent less time with residents on weekends, licensed practical nurses spent 17 percent less, and nurse aids spent 9 percent less. Large facilities often have a bigger decreased in staffing levels over the weekends – weekends tend to be busier than the weekdays. Staff that works long hours are more likely to lead to an increase of error while working with residents.

Clinical outcomes that should be evaluated beyond nurse staffing and patient safety, is evaluating nurses’ working conditions. Nurses could over-administer a patient’s medication, or perhaps equipment failure. Although this may seem like a small error, this can interrupt important patient care.

Nursing homes are required to provide residents with quality care. The World Health Organization defined quality of care as a “key component to the right to health, and the route to equity and dignity.” Quality of care includes safe, effective, timely, efficient, equitable, and people-centered care. Many nursing homes fall short of these expectations and requirements, and deficiencies can even go unnoticed.

It’s important to do extensive research on nursing home facilities before placing your loved one in one. Go to visit – check how residents and staff interact, what daily activities are offered, what kind of living accommodation your loved one will be in, and visiting hours.

Abuse in nursing homes and is not limited to physical, emotional, mental, or sexual abuse. It can also include financial exploitation, as well as neglect. It’s important to notify nursing home management and local law enforcement immediately if you suspect your loved one is suffering from neglect or abuse.

Our experienced nursing home abuse lawyers work diligently to seek compensation and justice for your loved one. Please call (312) 384-1920 or visit our website to schedule a free, confidential consultation in our downtown Chicago office, or we can meet wherever is convenient for you.

Contact info:
Dinizulu Law Group, Ltd.
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

Boeing Offers $100M to Those Affected by Crashes, Families Have Not Heard Directly from Boeing

CHICAGO, IL – Boeing Co. has offered $100 million to help families and communities affected by the deadly crashes of its 737 MAX planes in Ethiopia and Indonesia. Families are still mourning after the tragic accident that occurred on March 10, 2019.

Ethiopian Airlines Flight 302 was scheduled to fly internationally from Addis Ababa Bole International Airport in Ethiopia to Jomo Kenyatta International Airport in Nairobi, Kenya. Six minutes after takeoff, the aircraft crashed near the town of Bishoftu killing all 157 people aboard.

Flight 302 is the deadliest accident involving an Ethiopian Airline craft to date that affected farmers in Ethiopia, victims’ families and relatives, and Kenyan and Ethiopian governments have still not heard about the funds.

Farmers lands were destroyed after crashing into fields and has been fenced off since; however, the site is filled with debris still and farmers can’t afford to rent plots elsewhere.

According to Reuters, Boeing said in a statement last week, “These funds will support education hardship and living expenses for impacted families, community programs, and economic development in impacted communities.”

Another crash in Ethiopia in October 2018 on a Lion Air aircraft killed 346 people. After the investigation concluded, it was said both pilots, flying Boeing’s new 737 MAX 8 model, struggled to override an automated system that pointed plane’s nose down.

Boeing has yet to reach out to families, farmers, or authorities directly. The 737 MAX was grounded worldwide after the second crash. Regulators must approve a fix and implement new pilot training before jets can fly again.

Some families are asking the money to be put towards a memorial at the crash site to honor their loved ones; on the other hand, some have requested Boeing fund professional counseling.

There were people from 35 countries abroad the Ethiopian Airlines flight that crashed. The Dinizulu Law Group, Ltd. offers our deepest condolences to those affected by the Boeing crashes. The Dinizulu Law Group, Ltd. is located in Chicago, IL where Boeing is currently faces litigation from some of the families affected.

Contact: www.dinizululawgroup.com or call 1(800)-693-1LAW(1529)

 

One Foster Child Threatens Another – What Happened Next?

 

There are thousands of children and young adults livings in independent living environments facilitated by professionals. Many of these children have lost their parents to death and drugs to no fault of their own. These children and young adults have been in foster and group homes — and so many have faced unbearable abuse. When our state funds these foster, group homes and private independent living institutions, we expect that these caretakers are attentive and helpful to the needs of these children and young adults. The providers in this case failed in this sacred duty and were examined by state investigators. Watch the video to learn more.

At this facility, my client Tammy and a fellow resident Barbara didn’t get along. In fact, there was a long history of altercations between the two. One altercation turned violent resulting in the arrest of 17 year old child Barabara. While being arrested in front of her care takers Barbara yelled to Tammy my client, “I’m going to get your key and get you.”

This Barbara had lost a lot in her life and was suffering from mental health illnesses and was on psychotropic medication. Barbara had been deemed by DCFS staff as particularly violent. After three months, Barbara was released from jail.

Then, this unstable minor returned to her independent living community and tricked the manager of this institution into giving Barbara, Tammy’s keys. Barbara this disturbed young child in the middle of the night entered Tammy’s home with this key, grabbed a knife and stabbed Tammy to death.

Tammy’s distraught siblings contacted me. Our Chicago wrongful death attorneys investigated the matter and learned that the independent living institution was to meet Barbara at release, but they did not show up in time.  Being concerned, one of the social workers called her manager to inform her that she was concerned for my client Tammy’s safety. You see this social worker witnessed the threat Barbara made to Tammy. We also uncovered that the entire independent living institution should have been aware that a DCFS social worker indicated that Barbara would someday kill someone.

We also were able to prove that the manager that turned over the wrong key, failed to follow the known procedures of checking the room key with the person’s name. Compounding this error, the manager failed to follow-procedure and remove Tammy from the impending danger.

No one should ever have access to your apartment without your consent, especially not a sworn enemy who in front of the police threatened to get you. After uncovering the evidence of institutional failures, this case settled for a significant amount for the death of Tammy.

If you have a question about abuse or neglect in a foster or group home, or in an independent living environment, you may need an experienced wrongful death lawyer or personal injury trial attorney. Based in Chicago, the Dinizulu Law Group, Ltd. handles these matters all the time. Contact our office at 1-312-384-1920 or 1-800-693-1LAW.

Filing a Wrongful Death Lawsuit – Where Do I Start?

While no amount of money can bring back a loved one, wrongful death lawsuits are designed to compensate family members of those killed by negligence. Under the law you are entitled to both economic and non-economic damages. Economic damages are a dollar amount that’s decided based on the deceased’s income, funeral expenses, medical expenses etc. Non-economic damages address the pain and loss of companionship that family members will face as a result of the death.A professional and experienced wrongful death attorney understands that it’s important that you be compensated for both damages. Insurance companies and other responsible parties fight aggressively to refuse or limit your fair payment. To get the compensation you deserve, it’s important that a skillful wrongful death attorney is representing you.

Proving a Wrongful Death Claim

In building your claim, an experienced wrongful death lawyer will understand that there may be many more complexities regarding your case. People you might not have even thought about could be liable. For example, in a single car accident caused by a road in poor condition, the city who owns the road, the contractors responsible for maintaining it, or a number of other groups may be liable depending on the facts of the case.

Time Limits on Filing a Wrongful Death Lawsuit

Additionally, it’s very important to file a wrongful death case fairly quickly. Otherwise, your case may get barred by the statute of limitations. In Illinois, generally a wrongful death claim against a private entity or corporation must be filed within two years from the date of the accident, but there are exceptions to this time limit. Certain cases only have a one year limit for filing and some others have longer than two years. Please contact the Dinizulu Law Group, Ltd to learn which time limits apply in your case. Waiting too long can prevent you from filing the lawsuit at all.

Waiting any longer than necessary creates other problems too. The scene of an accident changes quickly after the road is opened to traffic again. The vehicles that may have been involved in the wreck will be repaired by the owners or possibly destroyed. Witnesses will become harder to locate, and records will be misplaced.

Time may not be on your side but the compassionate and experienced wrongful death attorneys at the Dinizulu Law Group, Ltd will work with you to determine the best way to handle your wrongful death claim. Contact us to set up a free consultation with one of our experienced wrongful death lawyers today.

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