Under the National Practitioner Data Bank (NPDB), any “entity” that makes a settlement or verdict payment on behalf of a health care practitioner in a medical malpractice claim must report that payment and disclose the details to the NPDB. This means that if the practitioner’s insurance carrier or another entity pays a settlement or verdict on behalf of the practitioner, it must be reported. In some instances, however, there may be valid benefits for a practitioner to settle a matter without filing a report to the NPDB. In those cases, a few exceptions to the reporting requirements may apply.  [Payments…
Continue Reading Medical Malpractice Payments for Individual Practitioners: The Limited Exceptions to Data Bank Reporting

Illinois’ Emergency Medical Services (EMS) Systems Act (EMS Act) provides immunity from civil liability—except in the case of willful and wanton misconduct—to all licensed or authorized EMS providers who provide “emergency or non-emergency medical services” in good faith in the normal course of their duties or in an emergency. 210 ILCS 50/3.150. Determining when the provision of medical services begins is essential to identifying when the immunity is triggered.
Preparatory Conduct
The provision of medical services includes preparatory conduct. For example, the Illinois Supreme Court applied immunity in a case involving allegations of negligence in locating a patient at the…
Continue Reading Travel vs. Transport and Immunity Under Illinois’ EMS Act

Closing arguments play a crucial role in a case, and attorneys, judges, and jurors generally agree that it’s the most anticipated part of a trial. It’s the last stage of the case for attorneys to persuade jurors to return a verdict in their client’s favor. However, instead of using closing arguments to summarize the evidence, some attorneys add comments that regrettably can lead to a reversal of the verdict on appeal. That’s what happened in Konewko v. Advocate Health & Hospitals Corp., 2020 IL App (2d) 190684.
Case Background
Plaintiff, Michael Konewko, filed a medical malpractice suit against Advocate…
Continue Reading Defense Verdict Reversed on Appeal Following Closing Argument Comments

In late January, President Biden signed the “Executive Order on Tackling the Climate Crisis at Home and Abroad.” While climate change is clearly the focus, the new administration’s policies regarding environmental justice are also addressed. (The parts of the order addressing environmental justice amend and update an original environmental justice Order signed by President Clinton in 1994.)
Underlying Philosophy
In the section on “Taking a Government-Wide Approach to the Climate Crisis,” the order details not only the policies to be implemented but also why the Administration believes they are needed. An important component of this philosophy is the…
Continue Reading Environmental Justice Becomes Part of Federal Climate Change Policies

Earlier this year, the Illinois Environmental Protection Agency (EPA) issued health advisories for several “forever chemicals.” Regulations require the issuance of a health advisory when a chemical that is “toxic or harmful to human health”—but for which there is no current groundwater standard—is detected in a community water supply well “and confirmed by resampling.” 35 Ill. Adm. Code 620.605(a). According to the Illinois EPA website, “Advisories also contain general information on the characteristics of the harmful contaminant, potential adverse health effects, and numerical contaminant guidance levels,” which “represent concentrations in drinking water at which no adverse health effects are…
Continue Reading PFAS on Illinois EPA’s and U.S. EPA’s Radar

 
What Happens When the Deceased Has a Will?
Generally, a decedent’s Will names an Executor for the estate. The Executor is charged with making sure the decedent’s wishes, as outlined in the Will, are honored.
The first thing the Executor does is file the decedent’s original Will with the court and open the probate matter.[1] After the probate matter is opened, the Executor petitions the court for Letters of Administration, which assists the Executor in gaining access to the decedent’s accounts/affairs. The Executor also provides notice to all beneficiaries and heirs, whether those heirs are named in the…
Continue Reading To Have a Will or Not to Have a Will: What are the Implications?

Background
Illinois’ Biometric Information Privacy Act (BIPA) establishes safeguards and procedures relating to the retention, collection, disclosure, and destruction of biometric data.  740 ILCS 14/15.  Passed in October 2008, BIPA is intended to protect a person’s unique biological traits – the data encompassed in a person’s fingerprint, voice print, retinal scan, or facial geometry.  Id.  But in the last few years, BIPA – with its statutory penalties of $1,000 for each negligent violation and $5,000 for each intentional or reckless violation – has quickly become the bane of corporate defendants.  The situation became even worse after the Illinois Supreme Court’s…
Continue Reading The Biometric Information Privacy Act (BIPA) Is Back Before theIllinois Supreme Court

In most car-truck accident cases, the trucking company is at a huge data disadvantage. While the truck’s electronic control module is a treasure trove of data for a claimant, the trucking company rarely has equivalent data from the claimant’s vehicle. That is quickly changing.
Like a semi’s ECM, a late model vehicle’s infotainment system contains voluminous data about the vehicle and its operation in the critical seconds before a collision. With a proper download, the infotainment system will reveal the vehicle’s second-by-second speed, its location, and other valuable data about braking, turning, and vehicle operation. If a driver or passenger…
Continue Reading Vehicle Infotainment System Data Cannot be Overlooked

Medicare Secondary Payer (MSP) laws require those that settle or pay claims arising from a beneficiary’s personal injury to reimburse Medicare for any injury-related health care costs the program incurs. The recently enacted PAID (Provide Accurate Information Directly) Act is expected to close an information gap and provide valuable data to those settling or funding these claims. Armed with this additional information, these parties will be able to resolve such claims with less concern that the Medicare program could later demand reimbursement of its expenditures.
Medicare’s Legislative History
A brief review of some aspects of Medicare’s legislative history will illustrate…
Continue Reading PAID Act Heralded As Benefit To Those Resolving Injury Claims With Medicare Beneficiaries

In one of the first orders issued in 2021, Judge Stephen Stobbs granted summary judgment in favor of two HeplerBroom clients in the Sidney Keyes, Sr. case.
The Case
Mr. Keyes, a one-time employee of the Defendants’ alleged predecessor, passed away after suffering from mesothelioma, which his estate alleged was caused, at least in part, by exposure to asbestos while on the job. HeplerBroom filed a motion for summary judgment arguing its clients should be dismissed from the case based on the “exclusive remedy” provision of Maryland’s Labor and Employment Code.
For purposes of the motion for summary judgment, the…
Continue Reading Illinois Mesothelioma Case Dismissed Based on Exclusive Remedy Provision

While dogs bring us happiness and enrich our lives, they can also be sources of liability for their owners. The Second District’s recent decision in Dzierwa v. Ori examines the two liability theories recognized in Illinois for bodily injury caused by an animal, which all Illinois dog owners should be aware of.
The Original Case
In Dzierwa, plaintiff was bitten by Fiona, a 105-pound Cane Corso owned by defendants Joseph and Elizabeth Ori. The Oris were out of town at the time, and co-defendant Brad Hoebel was house-sitting and watching Fiona. Hoebel invited guests over to the Oris’ home, one…
Continue Reading Man’s Best Friend . . . or a Liability? Second District Declines to Extend Legal Duty to Vacationing Dog Owners After Guest is Injured