The Employment Law attorneys at McKenna Storer handle a broad range of matters for employers from representing them before various administrative agencies and courts to offering counseling and preventative services. Our attorneys regularly defend claims brought under state and federal human rights statutes such as Title VII, Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA) and Illinois Wage Payment and Collection Act.
With COVID-19 news taking center stage in our lives, it is easy to push aside Illinois’ new Workplace Transparency Act enacted to protect employees against sexual harassment.
The landscape of insurance coverage in this era of the COVID-19 Pandemic is likely to change as insurance lawsuits are being filed to determine scope of insurance coverage. Meanwhile, in direct response to COVID-19, several states are attempting to modify Commercial General Liability (CGL) Insurance policies through legislation to provide coverage, particularly business interruption insurance, post hoc-after the fact. President Trump has commented that businesses have paid premiums for business interruption insurance for years and relief should be available to insureds. It is important for businesses to take precautionary measures to preserve whatever coverages might be available, especially as the case law and legislation changes to meet the COVID-19 pandemic.
In March and April Julie Ramson and Dawn Ehrenberg won a case involving a young woman, age 22, who passed away from sepsis following a ruptured duodenal ulcer. The ulcer was not discovered until autopsy because the young woman was admitted with generalized weakness, neurological abnormalities, an abnormal EKG and hypertension.
In May and June of this year we tried and won a difficult medical malpractice case in the Circuit Court of Cook County, Illinois. The plaintiff alleged that the defendant physician misread certain biopsy tissue slides of the plaintiff’s vocal cords in 2010, missing his cancer and allowing it to grow and spread.
You’ve just been served with a summons or complaint for medical malpractice. You are shocked – and frankly, enraged that this patient – or their family – would turn on you.
Medical malpractice settlements are a double edged sword. The doctor, or other health care professional, has been sued. They are vulnerable and emotional – they are hurt that their patient or the patient’s family would sue them, angry that they have been sued, and scared that they could lose their professional liability insurance and/or their personal assets if they lose the case.
On June 28, 2017, the U.S. House of Representatives passed medical tort reform legislation intended to help lower the cost of health insurance by lessening the financial burden of medical lawsuits. The House passed the Protecting Access to Care Act, H.R. 1215, which implements medical malpractice reform by capping plaintiff non-economic damages at $250,000 for a medical liability lawsuit related healthcare that was funded in any way by the federal government. Economic losses, like medical costs and lost wages, would be fully compensated under the Act.
Julie Ramson successfully defends another medical malpractice defense case adding to a string of “not guilty” verdicts in her career. Ms Ramson focuses on defense litigation and professional liability within McKenna Storer.