TOUCH TO CALL: (800) 517-1614
Illinois Lawyer
Find The Best Attorney For Your Case
(312) 346-5320 or (800) 517-1614
Free Consultations - 24/7
No Appointment Needed, Just Call

Michael Helfand

Thoracic Outlet Syndrome and Illinois Injury Cases

Thoracic outlet syndrome (TOS) can occur when the blood vessels and nerves between your collarbone and your first rib become pinched or compressed. This set of nerves specifically is responsible for upper body movement and muscle control. It is a very serious injury and requires both a doctor who knows how to treat the disease and if it’s part of a legal matter, a lawyer who has experience with such a serious and somewhat unique injury.

These nerves and blood vessels can be injured by various physical traumas, car accidents, even some on the job injuries like repetitive motions, lifting and reaching overhead. TOS can also occur from doing computer work, sitting at a sedentary position, and from working a typical desk job. TOS affects people of all ages and gender. There are also some studies that show being mildly overweight can also affect the aggravation of TOS.

Some symptoms of TOS are:
• Pain in your neck, shoulder arm or hand
• Numbness in for arm and fingers
• Weakness in your hand
• You may also have a hard time lifting objects above your head and have a limited range of motion.

Treatments can range from pain management to physical therapy. The worst possible treatment could also include surgery. This surgery is very complicated as it could include removing a rib or a few sections of ribs to reroute blood vessels. Most symptoms of TOS will greatly be reduced with simple medication and physical therapy if treated early. Because TOS is a progressive syndrome, it may begin with a small irritating pain once in a while, but can quickly escalate to unbearable pain.

If TOS was caused at work, or aggravated because of your job, you may have a claim for workers compensation. All medical costs, and payments while you are out of work recovering might be available depending on your case. If it’s also common for people to get TOS from car accidents.

We have been dealing with thoracic outlet syndrome cases for 20 years and have a state wide network of attorneys with a track record of success in these difficult cases. If you would like our help in finding the best lawyer for your case, call us at (312) 346-5320 or complete our contact form. We help everywhere in Illinois.

Talcum Powder & Ovarian Cancer Lawsuits

For years and years, the most common way for a parent to help prevent diaper rash on their baby girl is to use Johnson and Johnson’s baby powder or other talcum powder. However, a startling new link between talcum powder and ovarian cancer has thousands of women concerned about their health.

In 1982, more than 30 years ago, Johnson and Johnson became aware of the possible link between ovarian cancers and talc, after a study was published by a California doctor. The study from 30 years ago shows that out of the 215 women who were in the study, and effected by ovarian cancer, 42.8% regularly used talc powder. (see full study here: http://www.ncbi.nlm.nih.gov/pubmed/7083145) Another study was conducted in 1992, which showed that out of the 235 women affected by ovarian cancer, 49% used or were exposed to talc powder to their genitalia for hygiene purposes. This study in 1992 concluded that, “The greatest ovarian cancer risk associated with perineal talc use was observed in the subgroup of women estimated to have made more than 10,000 applications during years when they were ovulating and had an intact genital tract.” (http://www.ncbi.nlm.nih.gov/pubmed/1603491).

With data supporting the major increased risk, instead of including a disclosure on the label, Johnson and Jonson instead chose to go after a new market for increased revenue and profit. The new market was targeting African American and Hispanic women.

To date there are thousands of lawsuits accusing Johnson and Johnson of not labeling their products with the possible risks and dangers associated with talc. In a recent lawsuit, a court in St. Louis awarded the family of a woman who died of ovarian cancer, $72 million in damages for failure to disclose the risk associated with talc powder. Another 2016 lawsuit against J&J awarded $55 million in damages to a woman who used their product for over 40 years; thankfully, her ovarian cancer is now in remission. In 2013 a court in South Dakota found J&J negligent in not addressing the risks as well, however no damages were awarded. In one case filed in Illinois, Barbara Mihalic claimed that, “Johnson & Johnson failed to warn consumers of the risks associated with the use of Johnson & Johnson Baby Powder for feminine hygiene purposes in the female perineum.” This case however was dismissed in its entirety for varying reasons. (http://www.leagle.com/decision/In%20FDCO%2020151229825/Mihalich%20v.%20Johnson%20&%20Johnson).

With the hundreds of millions of dollars spilling out over these lawsuits, and Johnson and Johnson found guilty of negligence, they still refuse to acknowledge any link between their product and ovarian cancer and state that they will appeal the judge’s decisions in each and every case. Johnson and Johnson representatives state that the decision goes against 30 years of studies that support the safety of cosmetic talc.

With every lawsuit that ends with a loss, Johnson and Johnson loses their ability to try to stop the hemorrhaging of funds. An unrelated case yielded a total loss of 2.2 billion dollars because “the company’s practices recklessly put at risk the health of some of the most vulnerable members of our society – including young children, the elderly and the disabled.” according to the US Attorney General, Eric Holder. (http://www.nytimes.com/2013/11/05/business/johnson-johnson-to-settle-risperdal-improper-marketing-case.html?_r=0).

It is time for Johnson and Johnson to be held accountable for all of these missteps, and for not recognizing and acknowledging major health concerns with their products. If you have been diagnosed with ovarian cancer, and have used talc powder on a regular basis, you might have cause to bring legal action. We are working with top Chicago product liability attorneys who are bringing these lawsuits and have a track record of great success. There is no cost to bring the case unless we win. If you would like a free consultation please call us at (800) 517-1614 to discuss a possible case.

Illinois Overtime Laws Are About To Dramatically Change

President Obama and the Department of Labor have officially made a new overtime rule that will change the way employers will be able to pay their employees. The Labor Department has not made a rule or increase like this since 2004. This new rule means a huge bump in income for millions of people, and will go into effect starting December 1st.

For years, your boss could claim you were a “manager” and get away with paying you meager wages, as well as forcing you to work ungodly hours. Retail “managers” in particular were getting the raw deal. Some retail managers were working 60+ hours a week and only making a salary of $30,000 or less because as a “manager” the employer didn’t have to pay overtime. The rule for over a decade was if a “manager” made at least $23,660 per year as a salary, the employer could benefit from not having to pay time and a half for each hour worked over 40 in any given week. This new rule boasts the minimum requirement to $47,456 or more.

What this new rule means is that if you make a lower middle class or in some places average or below salary of $47,456 or below, you will be entitled to receive time and a half pay for each hour you work over 40 in a given week.

There are few ways an employer may try to weasel out of abiding by this new rule. One way would be cutting or limiting your hours to the regular 40 hours per week maximum or less. An employer may use this new rule as a reason to cut employees to part time as to not have to provide health care or other benefits as well. Another way an employer might try to skate away from this new rule, depending on how much your salary is, would be to bump your salary up to the $47,476+ amount to avoid paying time and a half. If an employer did that, they could still classify you as a “manager” and you would still be subject to working 40+ hours a week as required; with no overtime pay. However, depending on your job duties, that may not apply either.

The other major changes in the rule include the following: for those who receive a bonus or commission, the employer can use up to 10% of those bonuses and commissions to satisfy the minimum salary of $47,476. An example would be if your annual salary is $40,000, but you receive two bonuses per year of $5000 each, your salary + bonus would equal $50,000, which is over the salary threshold, making you not eligible to receive overtime pay. Also included in the major changes of the rule, requires future automatic updates to the salary threshold to occur every three years beginning in 2020.

Because of the drastic change, it is recommended for employees who are classified as salaried, making under $47,456 to keep meticulous records of their time worked. For some who haven’t had to punch a time card, this could be a drastic change. However, in the end those records could mean the difference between winning and losing a pay dispute with the labor board over unpaid overtime wages.

How To Get Out Of Jury Duty

So you’ve been picked for a jury and don’t want to serve.

If you want to know how to fake your way out of jury duty, you need to hit the back button. The reality is that most people who get called for jury duty won’t get picked. If you do get picked, most juries only last a couple of days. If you are a believer in America then you have to suck it up and serve on a jury because that’s part of our system. You may not like it, but you take the bad with the good. Also, someone’s life hangs in the balance so you should give them a fair shake.

All that said, don’t freak out if you are called for jury duty and “can’t” do it. If you are a single mother and have nobody to help you with the kids, you’ll likely be excused. If you run a company and it’s essential that you be there, you’ll likely be excused. If you can show that your family will suffer serious financial harm if you miss too much work, you’ll likely be excused. If you are a student and would have to miss a ton of class (not a couple of days for any of these people), if you have a vacation planned, if you are taking care of a sick relative, if you are running for public office, if you know any of the lawyers or parties involved, if you have a serious medical condition, if you are a new mother who is breast feeding or if you are famous, you probably won’t get picked.

Lawyers and scientists tend to not get picked because some attorneys don’t want those who know the law or how to examine evidence to have too much influence.

Beyond that, it’s your civic duty, so stop whining about it. If you think that you can show up and act weird, biased, etc. and just get out of it, you are fooling yourself. The Judges deal with this crap every time they have to pick a jury and they’ll gladly keep you for a couple of days in response to your lies. There is a difference between saying you can’t serve on a murder trial because you don’t believe in the death penalty and pretending you are nuts or can’t be impartial.

It may be a nuisance, but it’s your civic duty (sure beats mandatory military service) and it can actually be interesting. So just go and serve and do your best. You’d want good people to do the same for you.

Suing A Dating Website For Sexual Assault

Dating is almost like a dirty word at any age. Especially in the fast paced swipe-right-or-left-to-meet-your-match society we live in today. Every single person is looking for the magic answer on how to find your perfect partner and truth be told it doesn’t exist. Nor is any avenue truly 100% safe. However, a few dating sites are being held accountable for not having safer policies.

If you were to sign up for a profile for Match.com today, it would cost you approx. $30 if you wanted to use the service for a month. Once you have paid the fees for the duration of time you would like to be a member, they make it very easy for you to scope out all of the people who fit your interest criteria. You complete your profile, likes and dislikes and maybe even throw in a deal breaker or two, decide on the picture that makes you look the best and bam… almost instantly you receive your first message from a possible suitor.

The butterflies and excitement take over as you set up your first date before you realize, wait a second… I didn’t have to give any sort of documentation to prove who I am, my background, and criminal history. If I didn’t, then the other person didn’t have to either. Reason being, services like Match.com do not filter out information posted on their website. They don’t run background checks, and they don’t check for accuracy in information.

However, one thing has changed thanks to a lawsuit that came to a settlement recently. The basic story to the lawsuit is that Jane Doe #1 went out on a date with a man she met on Match.com, who ended up allegedly sexually abusing her. After the alleged attack, Jane Doe #1 found that the man still had a profile running on Match.com. Jane Doe #1 alerted Match.com to the allegations. Match.com did nothing and allowed the man to continue using its services.

Jane Doe #2 met the same man through Match.com two years later, and he sexually attacked her as well. Two years later the man was convicted of criminal sexual abuse and unlawful restraint for his attack on Jane Doe #2. Jane #2 then sued Match.com for failure to remove the man’s profile, monitor his use, failure to notify police or warn other users about him. Her attack could have been avoided if Match.com would have done some sort of blocking of the man’s use of the site.

Through this lawsuit, it was found that more than 1200 complaints from straight violence to rape, were filed in a 2-year time frame with Match.com. While Match.com may not have to go through and check who is lying about being married, or who has a criminal past upon first registration, they do have to now verify any and all complaints made to make sure they uphold the safety of its users.

All of us know, dating is scary enough without having to worry about cases like this one. While it still doesn’t provide fool proof safety, it certainly helps at least a little bit to know there is a check in place. Safety on the internet is something that will never come with 100% certainty, so the best option is to always look out for yourself before agreeing to meet anyone in person that you have been speaking to online.

Illinois Workers’ Compensation – When To Settle

We talk to hundreds of people every year who have Illinois workers’ compensation claims. While they all have unique situations, we do get a lot of similar questions. The most common one is what is my case worth?

That’s a good question and one we are happy to answer if we can. The truth is though that in most cases it’s too early to tell. If you were lifting at work last week and felt a pop in your back, there is no way to tell you what your case is worth when it’s time to settle. You might just have a strain. You might have a herniated disc. It’s possible your injuries will resolve themselves with muscle relaxers and physical therapy. Other workers will get better with an epidural steroid injection. Some workers will need a laminectomy. Others will need a fusion, maybe two. You will hopefully be able to return to your old job, but it’s possible you won’t.

All of these things can affect what the case is worth. So the range of what your case could be worth a week after your injury is somewhere between a couple of thousand dollars and many hundreds of thousands of dollars or possibly even in to the seven figures over a lifetime of payments. Some work comp law firms will tell you that your case is worth a ton even though they have no idea. They do this to get you excited and convince you to sign up with them even though they are lying. They just deal with their lies later on.

The bigger issue for injured workers is making sure that you don’t discuss settlement too soon. When you settle your case, you end your right to medical treatment at the expense of the insurance company and also lose your rights to weekly payments. If you have a herniated disc or torn ACL or other major injury, you could probably get $50,000.00 from the insurance company to settle quickly. They would do that because they know they’d likely have to spend 2-3 times that or more on your medical care. So while it seems like a good deal to you, you would actually be drastically short changing yourself. The only winners in that case are the insurance company and your lawyer who got a quick buck for selling you out.

There is nothing of course more important than your health so you shouldn’t even consider settling an Illinois work injury case until you are discharged from medical care and back to work or told you are as good as you are going to get and have gone through vocational rehabilitation. Put it to you another way. Would you rather have 50k and nobody to pay for your medical care or time off work now or in one year get 200k plus all of your bills and lost time compensated?

This can be tricky and even frustrating. We get that. If you would like a free consultation with one of our lawyers, call us at (800) 517-1614 or fill out our contact form. We help with work injuries everywhere in Illinois.

Hiring An Illinois Lawyer & Getting A Girlfriend

I always tell people the truth in a direct manner when they ask me if they have a case. That’s true even when I tell them that I don’t think they have a case. It’s not usually what someone wants to hear, but it’s the best way to run a business. I guarantee honest advice, and if I hem and haw or act all wishy washy then I’m not helping anyone.

A recent caller begged me to take her medical malpractice lawsuit. I of course would be thrilled if she had a good case because those cases, while rarely successful, can be worth a lot of money. In this case though, she got an infection after a C-section which is unfortunately a risk of having almost any surgery. It’s not a case I feel comfortable that I could win.

I told her why I, or any attorney I know, wouldn’t likely win this case and made very clear that there is nothing more that we could do. The next five minutes were her asking, “But what about this,” and “What about that?” and essentially trying to talk me into being her lawyer. It didn’t change a thing.

When you hire a lawyer it’s kind of like getting a girlfriend or a boyfriend. While you can be interested in someone, if they aren’t interested back then things won’t work out for you in the long run. And you certainly don’t want to beg.

I’ve run this law firm for over 15 years and talked to over 300,000 people. I can’t count how many times I’ve talked to someone who hired a lawyer who just hates practicing law so they become very disinterested in the case. You wouldn’t want that in a significant other and you shouldn’t want it in a lawyer.

The most important quality an attorney can have is experience with your type of case. A close second is a passion for getting you the best result possible. If they don’t care about you and aren’t going to fight for you then your chances of success greatly decrease.

We started our service to help you find the right attorney for your case because people deserve to have someone with passion in their corner. There are many bad lawyers out there, but many more good ones. We only recommend law firms that we would suggest to family members or friends. So while we can’t promise you a result, we can tell you that our recommendations will be better than any blind date you’ve ever been on.

If you would like our help in finding a lawyer, call us for a free consultation at (312) 346-5320 or complete our contact form. We are experienced attorneys who will speak with you for free and do whatever we can to help you.

See also: Does Your Illinois Lawyer Think He’s Better Than You?

Can I Sue For False Advertising?

The world that we live in today is surrounded by advertising. From the billboards on the freeway to the internet; even my child’s school newsletter had advertising in it. It’s something we can’t get away from. With some form of advertising lurking around every corner you turn, how do you know what is real and what is not? What can you do if you think you have been a victim of false advertising?

False Advertising is defined as, “Any advertising or promotion that misrepresents the nature, characteristics, qualities or geographic origin of goods, services or commercial activities” (Lanham Act, 15 U.S.C.A. § 1125(a)). Failure to disclose, flawed and insignificant research, and product disparagement are the three main acts companies can carry out to make themselves liable to a possible false advertising lawsuit. What does this mean in actual English? Basically, it is illegal for any company to state false, misleading or deceptive statements about their products.

Sales people are out to “close the deal.” In doing so, sometimes they use high-pressure sales tactics or even “bait and switch” advertising both of which can also be examples of false advertising. For instance, you see an advertisement for a new printer and the store is also offering a cartridge of ink with any printer purchase. Yet, when you arrive to purchase the printer, they are out of the “free” ink cartridges, causing you to have to purchase the ink cartridge at a much higher price after all. This may be a “bait and switch/while supplies last” scam.

Kellogg’s Kashi Brand recently got in trouble to the tune of $4 million in Florida and an additional $5 million in California, for claiming their product was “All Natural” when in fact their products contained GMOs. Class action lawsuits were filed in each state, and to resolve these lawsuits, Kellogg’s Kashi Brand settled. Red Bull will no longer “Give You Wings” after a class action lawsuit was filed for false advertising in New York. $13 million dollars went to unhappy customers of Red Bull who claimed they saw no difference in their concentration or reaction speeds as the advertisements stated. In another case of false advertising, a lawsuit filed in California against Chipotle is still pending; the woman who filed the lawsuit says that Chipotle was not accurate in their advertising “non-GMO ingredients”

Lawyers in Chicago who we work with on cases have sued Subway for their “foot long” not really being 12 inches or tire irons being advertised at 41 inches but really being 39 inches.

If you think you might be a victim of false advertising, there are a few things a good attorney will ask prior to accepting your case. Do you have a copy of the original advertisement? Whether the advertisement was in a newspaper, magazine, on the internet or TV it is important to have an original printed or recorded copy. When possible, pictures of the product or damage caused by the companies false advertisement is helpful. Lastly, do you know of other people who were harmed by the product or companies claims? If so you may be able to file a class action lawsuit.

There is no up front cost to hire an attorney to pursue one of these cases. If you think a business is ripping their clients off and would like to talk to a lawyer about false advertising, call us any time at (800) 517-1614 or fill out our contact form to the right of this page.

See also: Find a Class Action Lawyer in Chicago Illinois

Illinois Divorce When You’re Married To A Doctor

When people call us looking for an Illinois divorce attorney recommendation, we have a basic set of questions that we go through before learning about what is unique about their case or any special concerns they have. These questions can lead to more questions and also some advice.

It’s normal for us to ask how long you’ve been married, if you have kids, how old they are and what you and your spouse do for a living. The reason we want to know what your job is has to do with the fact that it could affect the type of lawyer you need. If you get a 401(k) or a pension, you need an attorney that knows how to handle a QDRO (qualified domestic relief order) which in plain English is how those benefits get divided up.

If you or your spouse owns a business and it was started during the marriage, that also can affect the type of lawyer that you need. Any business started during the marriage is a marital asset and without a prenup you own half and your spouse owns half. This makes sense when we think of someone who has started a restaurant or any other type of traditional business. It doesn’t always seem as obvious when your spouse is a doctor.

In 15 years of helping people find the right Illinois divorce attorney for their case, many spouses of doctors don’t realize that they are married to someone who owns a business. But when you support someone through medical school and/or residency and they leave you right before or after they start making a real living in private practice, the courts in Illinois have recognized that has value and as a supportive spouse you are potentially entitled to a great part of their income.

When doctors go in to private practice they are in most situations becoming a business owner. In fact, many doctors’ offices are really just a group of doctors who call themselves partners, but in reality just share office expenses. Their pay is usually dependent on how much work they produce. It doesn’t seem like a business in the traditional sense, but whether their career is just taking off or they’ve been doing it for a while, it’s a business. If it started during the marriage, it’s a marital asset.

When you divorce a business owner, whether it’s a doctor or anyone else, if the business is successful or has great potential to be, you need to hire a divorce attorney who handles forensic accounting as part of their case work. That means that they have experience in determining what a business is really worth. Your spouse might say that they only made $100,000.00 for example. But a closer look might show that they had one time expenditures of a half a million (e.g. if you start a radiology group there are many machines you’d need to buy) or some other number. Forensic accounting show the true value of a business which helps figure out what you are owed.

Even if the business was started before the marriage, knowing how to properly value a business can help determine what child support payments or maintenance (often referred to as alimony) should be. Having the wrong law firm in your corner could literally cost you tens of thousands of dollars or more.

We have been helping people find the right attorney for the their case since 2001 and would be happy to help you find the right firm for you. Call us at (312) 346-5320 for a no cost, confidential consultation.

See also: Divorce Advice For Ariana Grande And Pete Davidson

Women Soccer Players In The US Are Getting Cheated On Pay

In the US, there is a wage war going on that affects not just women workers in a traditional setting but also, have you noticed what is going on in the world of soccer? While soccer may not be “as big” of a sport as football or even baseball, soccer fans are always loyal. Those loyal fans are standing up and taking notice of something “off” and downright screwed up that is happening; the massive wage gap between the US men’s and US women’s teams. That gap being so large, the women’s soccer team has filed a wage discrimination action against the US Soccer Federation with the Equal Employment Opportunity Commission.

In their complaint, Hope Solo, Carli Lloyd, Alex Morgan, Megan Rapino and Becky Sauerbrunn cite figures from the USSF’s 2015 financial reports, which show easily that the women’s team brought in more than $20 million dollars more in revenue than the men did. Not to mention these facts:

• On average, women soccer players earn as little as 40% of the amount earned by male soccer players
• The women’s soccer team has claimed three World Cup championships
• The women’s soccer team has claimed four Olympic championships.
• Women’s soccer team is currently ranked #1, was briefly #2 before regaining the top position.
• Men’s team has qualified for the World Cup five times, but has never won.
• Men’s team has gone to the Olympics but has never won.
• Men’s soccer team is currently ranked #30 and hasn’t been above #4 since 2006.

For friendlies against teams not in the FIFA top 25, women get $1,350 for a win, men get $9,375.00. If you make the World Cup roster, women get $15,000.00, men get $68,750.00. The men get bonuses for just getting points in the World Cup and the women get nothing. The women got $75,000.00 a piece for winning the last World Cup. If the men were ever to do the same, they’d get almost $400,000.00 a person.

Putting those statistics and numbers in to perspective, I have to agree with Hope Solo who said, “Men’s players get paid more to just show up than we get paid to win major championships.”
US Soccer officials have claimed the numbers used in the EEOC complaint aren’t accurate. In addition, they claim that the collective bargaining agreement is still effective, as well as stating that women have included provisions that the men don’t have, like maternity leave. Whereas, the USWNT has shown through the USSF’s annual general meeting minutes that they are expecting much higher revenue this year, and even higher in 2017. The collective bargaining agreement expired in 2012 at which point both parties signed a memorandum of understanding. The USWNT is now seeking to dissolve that memorandum while USSF says it is in fact a binding contract. The women have put themselves into position at a prime time in soccer history. The Olympics are right around the corner to be followed by a victory tour that could bring in a projected $8 million dollars in revenue, as well as US soccer certainly doesn’t want to be tarnished while preparing for the 2026 World Cup bid.

It should be noted that the men’s soccer team is behind the women’s fight for equal pay 100%. Many players have come forward supporting the women to fight for their right to equal pay. Even the men can see how unfair the women have been treated and they are not afraid to voice their opinions.
Will the women keep fighting? Will they “strike” and boycott right before this summer’s Olympics? Or will they come to an agreement both sides will accept? This will certainly be a case to watch as the sides go back and forth.

Free Case Review
From Our Attorneys

Archives