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    <title>Chicago Medical Malpractice Lawyer Blog</title>
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   <id>tag:,2007:/2</id>
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    <updated>2007-11-20T22:42:44Z</updated>
    
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<entry>
    <title>Abused Boy Scouts</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/11/abused_boy_scouts.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=216" title="Abused Boy Scouts" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.216</id>
    
    <published>2007-11-20T21:41:56Z</published>
    <updated>2007-11-20T22:42:44Z</updated>
    
    <summary>Today Hurley McKenna &amp; Mertz filed suit in the Circuit Court of Winnebago County against Charles Bickerstaff, The Boy Scouts of America and the Blackhawk Council of the Boy Scouts of America. Charles Bickerstaff is a 57 man that served...</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
            <category term="Sexual Abuse" />
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>Today <a href="http://www.hurley-law.com/lawyer-attorney-1258340.html">Hurley McKenna & Mertz</a> filed suit in the Circuit Court of Winnebago County against Charles Bickerstaff, The Boy Scouts of America and the Blackhawk Council of the Boy Scouts of America.  Charles Bickerstaff is a 57 man that served as an executive for the Boy Scouts of America for 33 years before he retired.  He served at Boy Scout offices in Minnesota; Kansas City, Missouri; Heidelberg, Germany; and Rockford, Illinois over the course of his career.</p>

<p>Bickerstaff is now in the Lee County jail on multiple charges for criminal sexual assault on two minors aged 13 and 16.  His bond is set at $4 million.  The charges against Bickerstaff date back to 1998.  Local police have located diaries in Bickerstaff's possession that discuss his compulsions to sexually abuse children and identify many other victims.  </p>

<p>Bickerstaff met our client through his work with the Boy Scouts of America and used his position as an executive with the Blackhawk Area Council to gain the trust of the boy's family.  </p>

<p>Our suit alleges that the Boy Scouts of America failed to adequately check Bickerstaff's background and failed to adequately follow up on allegations of misconduct by Bickerstaff while he was working in the Boy Scout organization. </p>

<p>Our office has access to thousands of files which the Boy Scouts of America created over many years and which document the fact that pedophiles are attracted to scouting.  In fact, in 2005 the Director of the Boy Scouts of America Youth Protection Task Force was convicted for trafficking in child pornography.  </p>

<p>The purpose of the suit we filed today is to bring this issue into the light of day.  We know that pedophiles are not stopped until someone stops them.  We are proud to be working with a young man with the courage to try to make sure this stops with him.  </p>

<p>How can this be avoided in the future?  We suggest the following as a start:</p>

<p>1.)  Rather than hiding this problem make it public.  Make sure parents understand the extent and the history of the problem so they can help protect their own children.</p>

<p>2.)  Require thorough background checks on all people associated with scouting including volunteers and employees.  </p>

<p>3.)  Aggressively follow up on complaints or accusations of misconduct by anyone associated with scouting. </p>

<p>4.)  Enforce the rule that no scouts should be alone with unrelated adults at any time.  There should be zero tolerance for violations of this rule.  Create an environment where pedophiles cannot operate.  If pedophiles are denied access to scouts they will not be attracted to scouting.</p>

<p>5.)  Use the thousands of files in the possession of the Boy Scouts of America which document the deviant behavior of people thrown out of scouting and develop a profile of the typical pedophile attracted to scouting.  Use this information to educate leaders and parents so no more kids are victimized.</p>

<p>6.)  Create an environment where abused children are not afraid to tell the truth.  These children need help from professionals.  They should not be made to feel shame but should be thanked for their courage in coming forward.<br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Suit filed against Boy Scouts of America and Charles Bickerstaff</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/11/suit_filed_against_boy_scouts.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=212" title="Suit filed against Boy Scouts of America and Charles Bickerstaff" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.212</id>
    
    <published>2007-11-20T21:19:36Z</published>
    <updated>2007-11-20T21:40:18Z</updated>
    
    <summary>Today Chicago law firm Hurley McKenna &amp; Mertz, filed suit against Charles Bickerstaff and the Boy Scouts of America and the Black Hawk Area Council of the Boy Scouts of America for civil damages arising out of the sexual abuse...</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
            <category term="Sexual Abuse" />
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>Today Chicago law firm <a href="http://www.hurley-law.com/index.html">Hurley McKenna & Mertz</a>, filed suit against Charles Bickerstaff and the Boy Scouts of America and the Black Hawk Area Council of the Boy Scouts of America for civil damages arising out of the sexual abuse of their minor client while Bickerstaff was the Senior District Executive for the Black hawk Area Council in Rockford, Illinois.  A copy of the filed complaint can be referenced below:</p>]]>
        <![CDATA[<p>IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT<br />
WINNEBAGO COUNTY, ILLINOIS</p>

<p><br />
JANE DOE, as mother and next friend of JOHN DOE, a minor,	<br />
													Plaintiff,<br />
						<br />
v.</p>

<p>BOY SCOUTS OF AMERICA, 					<br />
a congressionally chartered corporation, 			<br />
authorized to do business in Illinois; 				<br />
and BLACKHAWK AREA COUNCIL OF 			<br />
BOY SCOUTS OF AMERICA, INC. 				<br />
an Illinois public benefit corporation; <br />
and CHARLES BICKERSTAFF, 														<br />
				Defendants.			</p>

<p>+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++</p>

<p>COMPLAINT AT LAW</p>

<p><br />
	NOW COMES the plaintiff, JANE DOE, as mother and next friend of JOHN DOE, a minor, by and through plaintiff’s attorneys, HURLEY McKENNA & MERTZ and THE LAW OFFICES OF TIMOTHY D. KOSNOFF, and as their complaint against defendants, BOY SCOUTS OF AMERICA, BLACKHAWK AREA COUNCIL OF BOY SCOUTS OF AMERICA, INC. and CHARLES BICKERSTAFF, they state as follows:</p>

<p>COUNT I – NEGLIGENCE and BREACH OF FIDUCIARY DUTY– <br />
BOY SCOUTS OF AMERICA and <br />
BLACKHAWK AREA COUNCIL OF BOY SCOUTS OF AMERICA, INC.</p>

<p>	1. 	The Boys Scouts of America (hereinafter "BSA") is the largest youth organization in the United States with approximately five million members.  BSA was chartered in 1910 by an act of Congress. An estimated 20% of American boys have had contact with scouting either as members or by attending Scout functions.<br />
	2.	Throughout its ninety-three year history, the BSA has consistently held itself out to the public as a "moral and safe" environment for boys to participate in healthy outdoor activities and to be given proper guidance and instruction. Millions of parents and scouts have placed their trust in the BSA.<br />
	3.	Paradoxically, the BSA promotes the wholesomeness of its programs while knowing that since the 1940s it has been secretly removing scoutmasters for child sexual abuse at an alarming rate, which in the 1970s, reached an average of one every three days. Its own records demonstrate that it has long known that scouting attracts pedophiles in large numbers and that scouts, far from being safe, are at heightened risk of sexual abuse by child molesters.<br />
	4.	JANE DOE, is the mother and next friend of JOHN DOE, a minor.  At all relevant times, JOHN DOE was a minor living in , Illinois.  At all relevant times, JOHN DOE was enrolled in BSA Scouting programs.<br />
	5.	Defendant, BOY SCOUTS OF AMERICA is a congressionally chartered corporation, authorized to do business in Illinois.<br />
	6.	Defendant, BLACKHAWK AREA COUNCIL OF BOY SCOUTS OF AMERICA, INC. (hereinafter “Blackhawk Area Council”) is an Illinois public benefit corporation which covers Winnebago, Ogle, Lee, and Whiteside counties for the BSA.  The Blackhawk Area Council headquarters is located in the City of Rockford in Winnebago County, Illinois.<br />
	7.	Defendant Charles "Chuck" Bickerstaff ("Bickerstaff”) was a pedophile and sexual predator of adolescent and pre-adolescent boys.  Bickerstaff posed a constant threat to boys.  	8.	Bickerstaff was at various times material hereto a paid Executive of the Blackhawk Area Council.<br />
	9.	Defendant Bickerstaff was at various times material hereto an employee, servant, agent and/or apparent agent of defendant Boy Scouts of America.<br />
	10.	Defendant Bickerstaff was at various times material hereto an employee, servant, agent and/or apparent agent of defendant Blackhawk Area Council.<br />
	11.	BSA and the BLACKHAWK AREA COUNCIL knew for decades that sexual</p>

<p>predators of boys had infiltrated scouting.  These defendants knew or should have known the</p>

<p>danger that pedophiles presented to boy scouts and either knew or should have known the</p>

<p>danger that Bickerstaff presented, but instead ignored that danger and permitted Bickerstaff</p>

<p>and other pedophiles in scouting to prey upon young boys, including plaintiff.</p>

<p>	12.	BSA's own internal "Ineligible Volunteer Files" (also called "the confidential</p>

<p>records"), records it collected and maintained in secrecy for seventy years, reveal that</p>

<p>scouting is a pedophile "magnet" and that removed pedophiles were often able to re-enter</p>

<p>scouting in other locations. These files were maintained concerning paid executives as well</p>

<p>as "volunteers."</p>

<p>	13.	BSA's confidential records demonstrate both its awareness of Scouting's attraction to pedophiles and the distinctive characteristics of scouting that render scouts particularly susceptible to pedophiles.<br />
	14.	BSA knew or should have known that scouting attracts pedophiles, in part, because: a) Scouting provides the pedophile access to boys alone and away from their parents in secluded settings like camp-outs and overnight hikes; b) Scouting provides opportunities for the pedophile to seduce a boy by getting him in situations where the boy has to change clothing or spend the night with him; c) the pedophile scout leader can, depending on the pedophile's age preference, volunteer for and be sure to have access only to boys of a certain age; d) BSA conditions boys to the concept of strict obedience to the Scout Leader, a bonding mechanism that pedophiles crave; e) BSA promotes the idea of secret ceremonies, rituals and loyalty oaths, all of which help facilitate the pedophile's efforts to keep his victims silent and compliant; f) At the time of the abuse, BSA conducted no criminal background checks on Bickerstaff.<br />
	15.	BSA was aware for decades prior to the 1980s that it had ejected thousands of pedophiles from its ranks of leadership in local Scout Troops and failed to inform its Scouts and their parents of that fact.  BSA knew or should have known that if they advised parents of this statistical phenomenon, parents might well remove their boys from Scouting, thus depriving BSA of millions of dollars of income.<br />
	16.	BSA knew or should have known that its "ineligible volunteers" system of keeping track of pedophiles infiltrating its ranks and attempting to eliminate them did not function as it was intended, was flawed, and in many cases ineffective.  Despite that knowledge, BSA did nothing to educate its Scouts and their parents of the ineffectiveness of the screening and tracking system and process.  BSA did nothing to educate or inform Scouts and their parents of the enormity of the pedophile problem, nor did BSA take action to correct its screening and/or education system.<br />
	17.	Bickerstaff was a paid executive with the Blackhawk Area Council for many years prior to and including 2006. <br />
	18.	Bickerstaff was a paid executive, employee, servant, agent and/or apparent agent of defendant BSA for many years prior to and including 2006.<br />
	19.	Bisterstaff’s work and duties for defendants BSA and Blackhawk Area Council included duties and activities in Winnebago County, Illinois. <br />
	20.	Prior to the summer of 2006, BSA and Blackhawk Area Council ignored warnings that Bickerstaff was a pedophile.<br />
	21.	Plaintiff JOHN DOE was enrolled in the Cub Scouts and Boy Scouts for most of his childhood and up until this date.<br />
	22.	Using his role as Blackhawk Area Council executive as his entree, in July 2006 Bickerstaff sought and gained the trust and confidence of plaintiff’s mother and gained plaintiff’s mother's consent for plaintiff to attend a BSA memorabilia Trade-O-Ree in Lansing, Michigan, and thereafter on several occasions, over the next 9 to 10 months, to spend time alone with Bickerstaff at Bickerstaff’s home and at other locations in Winnebago County, Ogle County and Lee County, Illinois.<br />
	23. 	For the purpose of furthering his duties as a BSA paid executive, Bickerstaff also sought and gained plaintiff’s trust, friendship, admiration and obedience. As a result, plaintiff was conditioned to comply with Bickerstaff’s direction and to look to him as an authority figure.<br />
	24.	Using the power, authority and trust of his positions as a BSA executive and availing himself of defendants' representations to parents and scouts that the BSA was a moral and safe place for boys, Bickerstaff enticed, induced, directed, coerced and forced plaintiff to engage in deviant sexual acts with him over a 9 to 10 month period.<br />
	25.	At all times, Bickerstaff was under certain direction, supervision and control of<br />
Defendants BLACKHAWK AREA COUNCIL and BSA and was otherwise their employee, servant, agent and/or apparent agent.<br />
	26.	At all times, BLACKHAWK AREA COUNCIL was under the direction,<br />
supervision and control of defendant BSA and was otherwise its servant, agent and/or apparent agent.<br />
	27.	Defendants, BSA and BLACKHAWK AREA COUNCIL, were negligent and breached their fiduciary duty in the manner that they screened, hired, retained, and supervised Bickerstaff when said defendants knew or should have known that Bickerstaff posed a threat of sexual abuse to children, and were negligent in one or more of the following ways:<br />
a.	Allowed Bickerstaff to routinely be alone with plaintiff for hours;</p>

<p>b.	Ignored warning signs that Bickerstaff was using his BSA position to<br />
spend time alone with plaintiff for the purpose of sexually abusing him;</p>

<p>c.	Failed to discover, investigate, or question the fact that Bickerstaff was spending time alone with plaintiff and other Scouts, outside of regular troop events or to caution parents regarding such a relationship;</p>

<p>d.	Failed to conduct background checks on new or existing scouting leaders, or more carefully screen scout leaders who did not then have and never had sons in Scouting;</p>

<p>e.	Failed to timely adopt policies and procedures to protect children; </p>

<p>      f.	Failed to advise parents of statistical data available to BSA from the 	ineligible Volunteer Files;</p>

<p>g.	Failed to advise parents that the ineligible volunteer file system of ejection of paid executives and volunteers, as the primary method of protecting Scouts from pedophiles, was ineffective;</p>

<p>h.	Carelessly or negligently maintained, reviewed, and updated the Ineligible Volunteer Files;</p>

<p>i.	Carelessly or negligently warned and/or failed to warn parents of information regarding adult Scout Masters and their propensity to engage in inappropriate behavior with Scouts;</p>

<p>j.	Carelessly and/or negligently failed to communicate information regarding Scout Masters to its operative branches throughout the United States; and</p>

<p>k.	Was otherwise careless and/or negligent.</p>

<p>	28.	As a direct and proximate result of the aforementioned actions by the defendants, plaintiff has suffered permanent injuries of a personal and pecuniary nature, and has been psychologically damaged and continues to be damaged psychologically and to experience mental anguish, humiliation and emotional and physical pain, suffering and distress.  Further, as a result of the aforementioned sexual abuse and breach of trust, plaintiff has suffered and will continue to suffer physical and emotional pain and dysfunction, and both economic and non-economic damages in an amount to be proved at trial.<br />
WHEREFORE, plaintiff, JANE DOE, as mother and next friend of JOHN DOE, a minor, by and through plaintiff’s attorneys, HURLEY McKENNA & MERTZ and THE LAW OFFICES OF TIMOTHY D. KOSNOFF, pray for damages against defendants BOY SCOUTS OF AMERICA and BLACKHAWK AREA COUNCIL OF BOY SCOUTS OF AMERICA, INC. in a sum in excess of $50,000.00, plus the costs of suit, and all other relief permitted by law.<br />
COUNT II – NEGLIGENCE and BREACH OF FIDUCIARY DUTY –<br />
CHARLES "CHUCK" BICKERSTAFF ("BICKERSTAFF”)</p>

<p>	1. 	The Boys Scouts of America (hereinafter "BSA") is the largest youth organization in the United States with approximately five million members. BSA was chartered in 1910 by an act of Congress. An estimated 20% of American boys have had contact with scouting either as members or by attending Scout functions.<br />
	2.	Throughout its ninety-three year history, the BSA has consistently held itself out to the public as a "moral and safe" environment for boys to participate in healthy outdoor activities and to be given proper guidance and instruction. Millions of parents and scouts have placed their trust in the BSA.<br />
	3.	Paradoxically, the BSA promotes the wholesomeness of its programs while knowing that since the 1940s it has been secretly removing scoutmasters for child sexual abuse at an alarming rate, which in the 1970s, reached an average of one every three days. Its own records demonstrate that it has long known that scouting attracts pedophiles in large numbers and that scouts, far from being safe, are at heightened risk of sexual abuse by child molesters.<br />
	4.	JANE DOE is the mother and next friend of JOHN DOE, a minor.  At all relevant times, JOHN DOE was a minor living in , Illinois. At all relevant times, JOHN DOE was enrolled in BSA Scouting programs.<br />
	5.	Defendant, BOY SCOUTS OF AMERICA is a congressionally chartered corporation, authorized to do business in Illinois.<br />
	6.	Defendant, BLACKHAWK AREA COUNCIL OF BOY SCOUTS OF AMERICA, INC. (hereinafter Blackhawk Area Council) is an Illinois public benefit corporation.<br />
	7.	Defendant Charles "Chuck" Bickerstaff ("Bickerstaff”) was a pedophile and sexual predator of adolescent and pre-adolescent boys. Bickerstaff posed a constant threat to boys.  	8.	Bickerstaff was at various times material hereto a paid Executive of the Blackhawk Area Council.<br />
	9.	Defendant Bickerstaff was at various times material hereto an employee, servant, agent and/or apparent agent of defendant Boy Scouts of America.<br />
	10.	Defendant Bickerstaff was at various times material hereto an employee, servant, agent and/or apparent agent of defendant Blackhawk Area Council.<br />
	11.	Defendant Bickerstaff performed duties for BSA and Blackhawk Area Council in counties including Winnebago County, Illinois.<br />
	12.	BSA and the BLACKHAWK AREA COUNCIL knew for decades that sexual</p>

<p>predators of boys had infiltrated scouting. These defendants knew or should have known the</p>

<p>danger that pedophiles presented to boy scouts and either knew or should have known the</p>

<p>danger that Bickerstaff presented, but instead ignored that danger and permitted Bickerstaff</p>

<p>and other pedophiles in scouting to prey upon young boys, including plaintiff.</p>

<p>	13.	BSA's own internal "Ineligible Volunteer Files" (also called "the confidential</p>

<p>records"), records it collected and maintained in secrecy for seventy years, reveal that</p>

<p>scouting is a pedophile "magnet" and that removed pedophiles were often able to re-enter</p>

<p>scouting in other locations. These files were maintained concerning paid executives as well</p>

<p>as "volunteers."</p>

<p>	14.	BSA's confidential records demonstrate both its awareness of Scouting's attraction to pedophiles but also the distinctive characteristics of scouting that render scouts particularly susceptible to pedophiles.<br />
	15.	BSA knew or should have known that scouting attracts pedophiles, in part, because: a) Scouting provides the pedophile access to boys alone and away from their parents in secluded settings like camp-outs and overnight hikes; b) Scouting provides opportunities for the pedophile to seduce a boy by getting him in situations where the boy has to change clothing or spend the night with him; c) the pedophile scout leader can, depending on the pedophile's age preference, volunteer for and be sure to have access only to boys of a certain age; d) BSA conditions boys to the concept of strict obedience to the Scout Leader and a bonding mechanism that pedophiles crave; e) BSA promotes the idea of secret ceremonies, rituals and loyalty oaths, all of which help facilitate the pedophile's efforts to keep his victims silent and compliant; f) At the time of the abuse, BSA conducted no criminal background checks on its volunteers or even suggested such was advisable.<br />
	16.	BSA was aware for decades prior to the 1980s that it had ejected thousands of pedophiles from its ranks of leadership in local Scout Troops and failed to inform its Scouts and their parents of that fact. BSA knew or should have known that if they advised parents of this statistical phenomenon, parents might well remove their boys from Scouting, thus depriving BSA of millions of dollars of income.<br />
	17.	BSA knew or should have known that its "ineligible volunteers" system of keeping track of pedophiles infiltrating its ranks and attempting to eliminate them did not function as it was intended, was flawed, and in many cases ineffective. Despite that knowledge, BSA did nothing to educate its Scouts and their parents of the ineffectiveness of the tracking and screening process and system.  BSA did nothing to educate or inform its Scouts and their parents of the enormity of the pedophile problem, nor did it take action to correct its screening and/or education system.<br />
	18	Bickerstaff was a paid executive with the Blackhawk Area Council for many years prior to and including 2006. <br />
	19.	Bickerstaff was a paid executive, employee, servant, agent and/or apparent agent of defendant BSA for many years prior to and including 2006. <br />
	20.	Prior to the summer of 2006, BSA and Blackhawk Area Council ignored warnings that Bickerstaff was a pedophile.<br />
	21.	Plaintiff JOHN DOE was enrolled in the Cub Scouts and Boy Scouts for most of his childhood and up until this date.<br />
	22.	Using his role as Blackhawk Area Council executive as his entree, in July 2006 Bickerstaff sought and gained the trust and confidence of plaintiff’s mother and gained plaintiff’s mother's consent for plaintiff to attend a BSA memorabilia Trade-O-Ree in Lansing, Michigan, and thereafter on several occasions over the next 9 to 10 months to spend time alone with Bickerstaff at Bickerstaff’s home, and at other locations in Winnebago County, Ogle County, and Lee County, Illinois.<br />
	23. 	For the purpose of furthering his duties as a BSA paid executive, Bickerstaff also sought and gained plaintiffs trust, friendship, admiration and obedience. As a result, plaintiff was conditioned to comply with Bickerstaff’s direction and to look to him as an authority figure.<br />
	24.	Using the power, authority and trust of his positions as a BSA executive and availing himself of defendants' representations to parents and scouts that the BSA was a moral and safe place for boys, Bickerstaff enticed, induced, directed, coerced, and forced plaintiff to engage in deviant sexual acts with him over a 9 to 10 month period.<br />
	25.	At all times, Bickerstaff was under certain direction, supervision and control of<br />
Defendants BLACKHAWK AREA COUNCIL and BSA and was otherwise their employee, servant, agent and/or apparent agent.<br />
	26.	At all times, BLACKHAWK AREA COUNCIL was under the direction,<br />
supervision and control of defendant BSA and was otherwise its servant, agent and/or apparent agent.<br />
	27.	Defendant Bickerstaff was negligent and breached his fiduciary duty to the plaintiff in one or more of the following ways:<br />
a.	Was routinely alone with plaintiff for hours;</p>

<p>b.	Used his BSA position to spend time alone with plaintiff for the purpose of sexually abusing him; and</p>

<p>c.	Sexually abused the plaintiff.</p>

<p><br />
	28.	As a direct and proximate result of the aforementioned actions by the defendants, plaintiff has suffered permanent injuries of a personal and pecuniary nature, and has been psychologically damaged and continues to be damaged psychologically and to experience mental anguish, humiliation and emotional and physical pain suffering and distress.  Further, as a result of the aforementioned sexual abuse and breach of trust, plaintiff has suffered and will continue to suffer physical and emotional pain and dysfunction, and both economic and noneconomic damages in an amount to be proved at trial.<br />
WHEREFORE, plaintiff, JANE DOE as mother and next friend of JOHN DOE, a minor, by and through plaintiff’s attorneys, HURLEY McKENNA & MERTZ and THE LAW OFFICES OF TIMOTHY D. KOSNOFF, pray for damages against defendant CHARLES "CHUCK" BICKERSTAFF in a sum in excess of $50,000.00, plus the costs of suit, and all other relief permitted by law.<br />
COUNT III – CIVIL BATTERY AND INTENTIONAL INFLICTION <br />
OF EMOTIONAL DISTRESS –<br />
CHARLES "CHUCK" BICKERSTAFF ("BICKERSTAFF”)</p>

<p>	1-26.	Plaintiff reasserts and realleges paragraphs 1 through 26 of Count II of this Complaint at law as and for paragraphs 1 through 26 of Count III of this complaint at law.<br />
	27.	Defendant Bickerstaff routinely spent time alone with plaintiff.<br />
	28.	Defendant Bickerstaff intentionally made both physical and sexual contact with plaintiff beginning in July of 2006.<br />
	29.	In the 9-10 months following this initial encounter, Defendant Bickerstaff continued to routinely spend time alone with the plaintiff outside of regular Scout meetings and events.<br />
	30.	During this 9-10 month period, Defendant Bickerstaff repeatedly and intentionally made physical and sexual contact and advances on the plaintiff.<br />
31.	Defendant Bickerstaff knew or should have known that his intentional advances were unwanted, unwelcomed, harmful, and/or damaging to the plaintiff.<br />
32.	Defendant Bickerstaff knew or should have known that his intentional physical contact with the plaintiff was unwanted, unwelcomed, harmful, and/or damaging to the plaintiff.<br />
33.	Defendant Bickerstaff knew or should have known that his intentional sexual contact with the plaintiff was unwanted, unwelcomed, harmful, and/or damaging to the plaintiff. 	<br />
34.	Defendant Bickerstaff sexually and physically battered plaintiff beginning in July of 2006.<br />
35.	Defendant Bickerstaff sexually and physically battered plaintiff repeatedly during the 9-10 month period following the initial July 2006 sexual encounter.<br />
	36.	Defendant Bickerstaff knew or should have known that his intentional physical and sexual contact with the plaintiff would cause both permanent emotional harm and permanent physical harm to the plaintiff.<br />
37.	As a direct and proximate result of the aforementioned actions by the defendants, plaintiff has suffered permanent injuries of a personal and pecuniary nature, and has been psychologically damaged and continues to be damaged psychologically and to experience mental anguish, humiliation and emotional and physical distress.  Further, as a result of the aforementioned sexual abuse and breach of trust, plaintiff has suffered and will continue to suffer physical and emotional pain and dysfunction, and both economic and non-economic damages in an amount to be proved at trial.   <br />
WHEREFORE, plaintiff, JANE DOE, as mother and next friend of JOHN DOE, a minor, by and through plaintiff’s attorneys, HURLEY McKENNA & MERTZ and THE LAW OFFICES OF TIMOTHY D. KOSNOFF, pray for damages against defendant CHARLES "CHUCK" BICKERSTAFF in a sum in excess of $50,000.00, plus the costs of suit, and all other relief permitted by law.	</p>

<p>HURLEY MCKENNA & MERTZ</p>

<p></p>

<p>By:	______________________________________<br />
	Christopher T. Hurley <br />
	Mark R. McKenna<br />
	Attorneys for Plaintiff</p>

<p></p>

<p>	</p>

<p><br />
HURLEY McKENNA & MERTZ<br />
33 North Dearborn Street, Suite 1430<br />
Chicago, Illinois 60602<br />
(312) 553-4900<br />
(312) 553-0964 - fax<br />
www.hurley-law.com</p>]]>
    </content>
</entry>
<entry>
    <title>Caps on Damages Unconstitutional for Victims of Malpractice</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/11/caps_on_damages_unconstitution.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=211" title="Caps on Damages Unconstitutional for Victims of Malpractice" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.211</id>
    
    <published>2007-11-16T20:00:46Z</published>
    <updated>2007-11-16T20:12:16Z</updated>
    
    <summary>In a victory for victims of negligent medical care in Illinois, Circuit Court of Cook County Judge Diane Larsen, ruled that caps on damages for medical malpractice are not constitutional in Illinois. The case will now proceed to the Illinois...</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
            <category term="Unfair Caps on Medical Malpractice Victim&apos;s Damages" />
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>In a victory for victims of <a href="http://http://www.hurley-law.com/lawyer-attorney-1154596.html">negligent medical care in Illinois</a>, Circuit Court of Cook County Judge Diane Larsen, ruled that caps on damages for medical malpractice are not constitutional in Illinois.  The case will now proceed to the Illinois Supreme Court where the justices will address the constitutionality of the caps.  On two prior occasions The Illinois Supreme Court has ruled caps to be unconstitutional.  A consistent ruling by the Supreme Court will mean that this law limiting the damages of the most severely injured victims will be rejected like those before it.<br />
   </p>]]>
        
    </content>
</entry>
<entry>
    <title>Product Liability</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/11/product_liability.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=209" title="Product Liability" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.209</id>
    
    <published>2007-11-12T20:53:12Z</published>
    <updated>2007-11-12T20:54:24Z</updated>
    
    <summary>“The Bush administration, responding to a wave of recent food and product recalls, is set to announce today its most aggressive regulatory proposals yet on policing imports. But much of their success depends on congressional action, and some lawmakers and...</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
            <category term="Drugs and Medical Devices" />
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>“The Bush administration, responding to a wave of recent food and product recalls, is set to announce today its most aggressive regulatory proposals yet on policing imports. But much of their success depends on congressional action, and some lawmakers and outside experts already contend they are inadequate. The initiative aims to steer the nation toward a prevention-based regulatory system that targets the riskiest products. It calls for giving more authority to agencies that regulate food and consumer goods, improving data-gathering on imports, and increasing cooperation between agencies and with U.S. trading partners. The Food and Drug Administration, for example, would be granted power to require manufacturers and importers of ‘high risk’ products to take steps to prevent contamination and other problems. The FDA could require producers and importers of such goods to certify they comply with FDA standards. The FDA could bar imports if it is given no access or only limited access to production records. The agency would also be able to mandate recalls on tainted products, something it can't do now.”</p>

<p>Jane Zhang, John D McKinnon, and Christopher Conkey, Wall Street Journal, 11-6-07</p>]]>
        
    </content>
</entry>
<entry>
    <title>Woman Ignored in Emergency Room Files Suit</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/11/woman_ignored_in_emergency_roo.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=208" title="Woman Ignored in Emergency Room Files Suit" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.208</id>
    
    <published>2007-11-12T20:48:44Z</published>
    <updated>2007-11-12T20:52:57Z</updated>
    
    <summary>As a Chicago medical malpractice lawyer I wish I could say that things like this never happened: “The family of a woman who died earlier this year after collapsing on an emergency room&apos;s floor as she waited for treatment has...</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>As a <a href="http://www.hurley-law.com/lawyer-attorney-1154596.html">Chicago medical malpractice lawyer</a> I wish I could say that things like this never happened:</p>

<blockquote>“The family of a woman who died earlier this year after collapsing on an emergency room's floor as she waited for treatment has filed a $45 million lawsuit against the county. The lawsuit filed Monday in Superior Court claims negligence, medical malpractice and wrongful death on the part of Los Angeles County, county police and some of the staff at the county's Martin Luther King Jr.-Harbor Hospital. Edith Isabel Rodriguez, 43, died May 9 of a perforated bowel after writhing in pain on the floor for 45 minutes without receiving care. She was discharged and sat on a bench outside the facility, yelling in pain.”

<p>Associated Press, 11-6-07<br />
</blockquote><br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Boy Scout sex abuse</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/10/boy_scout_sex_abuse_1.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=204" title="Boy Scout sex abuse" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.204</id>
    
    <published>2007-10-29T21:43:17Z</published>
    <updated>2007-10-29T21:53:38Z</updated>
    
    <summary>This story from Idaho provides an excellent example of why there should be no statute of limitations for sex abuse cases. Children fear telling the story and as in this case in Idaho when the story does get told there...</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
            <category term="Sexual Abuse" />
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>This story from Idaho provides an excellent example of why there should be no statute of limitations for <a href="http://www.hurley-law.com/lawyer-attorney-1244881.html">sex abuse cases</a>.  Children fear telling the story and as in this case in Idaho when the story does get told there are forces in the community that lash out at the victims.  As trial lawyers we are not afraid to do the fighting so that the victims can receive justice.<br />
<blockquote><br />
Whispers in the courthouse about "missing cases" and a clandestine meeting at midnight started rookie reporter Peter Zuckerman of the Idaho Falls Post Register on an investigation that would lead him to expose the extraordinary story of a pedophile working within the local Boy Scouts, and a brave young scout who had the courage to speak up and stop him. What was hidden from the public -- concealed within those court records -- was the story of a Boy Scout leader named Brad Stowell, convicted in 1997 of molesting two children, who had admitted under oath in a court deposition in 1999 to molesting about two dozen children beginning as far back as 1988. Zuckerman, along with executive editor Dean Miller, fought successfully to unseal court records and then tracked down victims of abuse to reveal that Boy Scout leadership and at least one official in the Mormon Church -- which sponsors most of the Boy Scout Troops in Eastern Idaho -- missed opportunities to stop Stowell from working in close proximity to children. </p>

<p>The Post Register published the "Scouts' Honor" series in early 2005, and the paper immediately came under fire from some in the community. The fallout of the stories ended up being far more dramatic than anyone had anticipated. A prominent local company took out full-page ads in the paper challenging the reporting and claiming, "the Post Register's real intent was to smear the Scout's good name and take away what the Scouts value most, their honor." Additional victims came forward to tell their stories of abuse. And one father, motivated by his sons' accounts of abuse, dedicated himself full-time to changing Idaho's statue of limitations in cases involving the sexual abuse of minors.</p>

<p>Read the original 6-part "Scouts' Honor" series published in late February/early March 2005 and subsequent reporting in the Idaho Falls Post Register. </blockquote></p>]]>
        
    </content>
</entry>
<entry>
    <title>Boy Scout sex abuse</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/10/boy_scout_sex_abuse_2.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=205" title="Boy Scout sex abuse" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.205</id>
    
    <published>2007-10-29T21:43:17Z</published>
    <updated>2007-10-29T22:01:34Z</updated>
    
    <summary>This story from Idaho provides an excellent example of why there should be no statute of limitations for sex abuse cases. Children fear telling the story and as in this case in Idaho when the story does get told there...</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
            <category term="Sexual Abuse" />
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>This story from Idaho provides an excellent example of why there should be no statute of limitations for <a href="http://www.hurley-law.com/lawyer-attorney-1244881.html">sex abuse cases</a>.  Children fear telling the story and as in this case in Idaho when the story does get told there are forces in the community that lash out at the victims.  As trial lawyers we are not afraid to do the fighting so that the victims can receive justice.<br />
<blockquote><br />
Whispers in the courthouse about "missing cases" and a clandestine meeting at midnight started rookie reporter Peter Zuckerman of the Idaho Falls Post Register on an investigation that would lead him to expose the extraordinary story of a pedophile working within the local Boy Scouts, and a brave young scout who had the courage to speak up and stop him. What was hidden from the public -- concealed within those court records -- was the story of a Boy Scout leader named Brad Stowell, convicted in 1997 of molesting two children, who had admitted under oath in a court deposition in 1999 to molesting about two dozen children beginning as far back as 1988. Zuckerman, along with executive editor Dean Miller, fought successfully to unseal court records and then tracked down victims of abuse to reveal that Boy Scout leadership and at least one official in the Mormon Church -- which sponsors most of the Boy Scout Troops in Eastern Idaho -- missed opportunities to stop Stowell from working in close proximity to children. </p>

<p>The Post Register published the "Scouts' Honor" series in early 2005, and the paper immediately came under fire from some in the community. The fallout of the stories ended up being far more dramatic than anyone had anticipated. A prominent local company took out full-page ads in the paper challenging the reporting and claiming, "the Post Register's real intent was to smear the Scout's good name and take away what the Scouts value most, their honor." Additional victims came forward to tell their stories of abuse. And one father, motivated by his sons' accounts of abuse, dedicated himself full-time to changing Idaho's statue of limitations in cases involving the sexual abuse of minors.</p>

<p><a href="http://www.postregister.com/scouts_honor/part1.php"><a href="http://www.postregister.com/scouts_honor/part1.php">Read the original 6-part "Scouts' Honor" series</a></a> published in late February/early March 2005 and subsequent reporting in the Idaho Falls Post Register. </blockquote></p>]]>
        
    </content>
</entry>
<entry>
    <title>Medtronic Leads may be riskier for children</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/10/medtronic_leads_may_be_riskier.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=203" title="Medtronic Leads may be riskier for children" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.203</id>
    
    <published>2007-10-27T16:11:28Z</published>
    <updated>2007-10-27T16:13:13Z</updated>
    
    <summary>“The defibrillator leads pulled off the market this week by Medtronic Inc. may pose a higher risk of fracture in younger adults and children, a population for whom the devices were particularly popular in part because of their small diameter....</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
            <category term="Drugs and Medical Devices" />
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>“The defibrillator leads pulled off the market this week by Medtronic Inc. may pose a higher risk of fracture in younger adults and children, a population for whom the devices were particularly popular in part because of their small diameter. Children make up a relatively small share of patients who receive the implanted devices. But leads -- wires that attach defibrillators to patients' hearts -- tend to come under greater stress in more-active people, including kids, adolescents and younger adults.”</p>

<p>Anna Wilde Mathews and Thomas M. Burton, Wall Street Journal, 10-19-07</p>]]>
        
    </content>
</entry>
<entry>
    <title>FDA approval does not insure a the safety of a medical device</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/10/fda_approval_does_not_insure_a.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=202" title="FDA approval does not insure a the safety of a medical device" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.202</id>
    
    <published>2007-10-27T16:02:51Z</published>
    <updated>2007-10-27T16:11:19Z</updated>
    
    <summary>As a Chicago medical malpractice lawyer I have known for a long time that drugs and medical devices are not necessarily safe just because the FDA says so. The fact is that the FDA is full of people that either...</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
            <category term="Drugs and Medical Devices" />
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>As a <a href="http://www.hurley-law.com/lawyer-attorney-1154596.html">Chicago medical malpractice lawyer</a> I have known for a long time that drugs and medical devices are not necessarily safe just because the FDA says so.  The fact is that the FDA is full of people that either used to or want to work for the drug and medical device companies.  There are time when the regulatory system is so incestuous that safety is compromised.  Consider this story from Barry Meier of the New York Times:<br />
<blockquote><br />
“A Congressional committee notified the Food and Drug Administration yesterday that, as a result of a recall by Medtronic of a product linked to patient deaths, it was reviewing how rigorously the agency required heart device components to be tested. In a letter to the agency, Representative Henry A. Waxman, Democrat of California and chairman of the Committee on Oversight and Government Reform, asked agency officials a series of questions about its oversight of leads, the wires that carry electrical information between an implanted defibrillator and the heart. Among other issues, Mr. Waxman asked the agency to provide information about how it determines how much to test leads before marketing and why the agency does not give leads the same scrutiny that it has given in recent years to defibrillators.”</p>

<p>Barry Meier, New York Times, 10-23-07</p>

</blockquote>]]>
        
    </content>
</entry>
<entry>
    <title>Medical Care on Cruises</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/10/medical_care_on_cruises.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=201" title="Medical Care on Cruises" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.201</id>
    
    <published>2007-10-27T15:57:50Z</published>
    <updated>2007-10-27T16:01:00Z</updated>
    
    <summary>Cruise lines seem to want it both ways. They want you to feel secure knowing there is a doctor on board but they do not want to take responsibility when the doctor is negligent. The Wall Street Journal reports: “In...</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>Cruise lines seem to want it both ways.  They want you to feel secure knowing there is a doctor on board but they do not want to take responsibility when the doctor is negligent.   The Wall Street Journal reports:</p>

<p>“In October 2005, during her 37th wedding anniversary cruise aboard Royal Caribbean Cruises Ltd.'s Legend of the Seas, Janice Sullivan slipped and hit her head on a buffet table, briefly knocking her unconscious. The ship doctor gave the 60-year-old Cape Coral, Fla., retiree an over-the-counter pain reliever, but didn't scan or X-ray her head despite continuing pain over the next several days, according to Mrs. Sullivan. After she got home, Mrs. Sullivan went to an emergency room, where a neurologist found a blood clot. Concerned it could cause a stroke, he performed invasive brain surgery. But Mrs. Sullivan had a surprise in store when she sued the cruise line and the ship doctor: Most ship doctors, despite typically wearing a crew uniform, are classified as independent contractors. And cruise companies contend they are no more liable for the doctors' competence than a landlord who rents office space to a physician on land.”</p>

<p>Stephanie Chen, Wall Street Journal, 10-24-07</p>

<p><br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Why are medical errors kept secret?</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/10/why_are_medical_errors_kept_se.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=200" title="Why are medical errors kept secret?" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.200</id>
    
    <published>2007-10-27T15:49:28Z</published>
    <updated>2007-10-27T15:56:59Z</updated>
    
    <summary>Before you check into a Chicago hospital wouldn&apos;t it be nice to see some statistics on medical errors. That information is available but not to the public. Why not? My guess is it has to do with money. Hospitals with...</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>Before you check into a Chicago hospital wouldn't it be nice to see some statistics on medical errors.  That information is available but not to the public.  Why not?  My guess is it has to do with money.  Hospitals with bad safety records are afraid to lose patients and revenue if their safety records became public.  I say let the consumer decide based on fair access to information.  Consider this story from the Seattle Times:<br />
<blockquote><br />
“Over the past year, hospitals in Washington left ‘foreign objects’ in 36 surgery patients. And 21 people got surgery on the wrong body parts. Hospitals have reported such ‘adverse events’ to the state Department of Health since 2000, also including performing surgery on the wrong patient, and medication errors that can kill or seriously harm patients. But now the Washington State Hospital Association says it doesn't want the public to know which hospitals made the mistakes. It contends that a bill passed last year forbids release of such records, and the association has gotten the state to halt disclosure. At least one state lawmaker is vowing to fight back.”</p>

<p>Carol M. Ostrom, Seattle Times, 10-23-07<br />
</blockquote><br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Madison County Adopts Rule Requiring Mediation</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/10/madison_county_adopts_rule_req.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=197" title="Madison County Adopts Rule Requiring Mediation" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.197</id>
    
    <published>2007-10-16T15:20:30Z</published>
    <updated>2007-10-16T15:24:58Z</updated>
    
    <summary>As a Chicago medical malpractice lawyer I would be happy to see a similar rule in Cook County. Too often cases that should settle do not even come close to settling until the eve of trial. Madison County has addressed...</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>As a <a href="http://http://www.hurley-law.com/lawyer-attorney-1154596.html">Chicago medical malpractice lawyer</a> I would be happy to see a similar rule in Cook County.  Too often cases that should settle do not even come close to settling until the eve of trial.  Madison County has addressed this:</p>

<blockquote>"The Illinois Supreme Court has approved rules adopted this year by the Madison County court for handling medical malpractice cases, Chief Judge Ann Callis said Wednesday. Those rules require people claiming injuries and the doctors they sue to meet and at least talk of settling any time a medical malpractice case is filed. Doctors saw their insurance premiums skyrocket a few years ago, and dozens closed shop in the area. Insurance companies blamed the aggressive Metro East trial bar. Most lawyers contended that the courts were not at fault. In recent years, the issue has spawned battles in the Illinois Legislature. It was in Madison County that Gov. Rod Blagojevich in 2005 signed compromise legislation limiting the amount of money for pain and suffering that any doctor or hospital could be forced to pay in a lawsuit while also reforming the physician insurance industry."

<p>St. Louis Post-Dispatch 9/27/07<br />
http://www.stltoday.com/stltoday/news/stories.nsf/illinoisnews/story/<br />
6F6FBF9BA4B9967A86257363000CD882?OpenDocument</p>

</blockquote>]]>
        
    </content>
</entry>
<entry>
    <title>Insurance Companies Avoid Paying Claims</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/10/insurance_companies_avoid_payi.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=196" title="Insurance Companies Avoid Paying Claims" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.196</id>
    
    <published>2007-10-16T15:14:40Z</published>
    <updated>2007-10-16T15:18:43Z</updated>
    
    <summary>As a Chicago medical Malpractice lawyer I have long experienced insurance comapanies that do not pay their claims until they absolutely have to pay. Consider this: &quot;We&apos;ve known the insurance company game for a long time. We just didn&apos;t have...</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>As a <a href="http://www.hurley-law.com/lawyer-attorney-1154596.html">Chicago medical Malpractice lawyer</a> I have long experienced insurance comapanies that do not pay their claims until they absolutely have to pay.  Consider this:</p>

<blockquote>"We've known the insurance company game for a long time. We just didn't have any proof. David Berardinelli does. As homeowners, we've known that insurers have raised premiums while cutting back on coverage. We watched the big three in Texas — Allstate, State Farm and Farmers — demand ever higher prices while dropping big chunks of customers, such as anyone in Harris County who has a wood-frame house. And we've suspected that all of this was done in the name of profit, because we can see that Allstate's net income, for example, has doubled in the past decade despite catastrophes such as hurricanes Katrina and Rita. In 2001, while Berardinelli, a Santa Fe attorney, was pressing a lawsuit against Allstate in New Mexico, he obtained what have become known as the McKinsey documents. He's one of the few people outside of the insurance industry who's seen them, and he took more than 400 pages of notes while they were in his possession. He made some of those notes available to me. The documents outline a strategy developed by the McKinsey & Co. consulting firm in the early 1990s that, according to Berardinelli, shows how Allstate has a carefully crafted plan to deny, evade and delay paying claims."

<p>Loren Steffy, Houston Chronicle 10/1/07<br />
http://www.chron.com/disp/story.mpl/headline/biz/5174420.html</p>

</blockquote>]]>
        
    </content>
</entry>
<entry>
    <title>Hospital Liability Claims at 8 Year Low</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/10/hospital_liability_claims_at_8.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=195" title="Hospital Liability Claims at 8 Year Low" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.195</id>
    
    <published>2007-10-16T15:12:02Z</published>
    <updated>2007-10-16T15:13:49Z</updated>
    
    <summary>&quot;Hospitals of all sizes that that cover their primary professional liability risks through alternative risk-financing measures are keeping their claim frequency and severity rates to eight-year lows, according to a new study. The frequency of claims for the 1,000 facilities—part...</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
            <category term="Unfair Caps on Medical Malpractice Victim&apos;s Damages" />
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>"Hospitals of all sizes that that cover their primary professional liability risks through alternative risk-financing measures are keeping their claim frequency and severity rates to eight-year lows, according to a new study. The frequency of claims for the 1,000 facilities—part of 80 health care organizations—that participated in the study did not increase for the third consecutive year, reports the '2007 Hospital Professional Liability and Physician Liability Benchmark Analysis.' The report is published by Chicago-based Aon Corp. in conjunction with the American Society for Healthcare Risk Management. In addition, the severity of losses over the past year increased 3%, the lowest increase over the eight years that Aon and ASHRM have produced the report. Claim severity has fallen sharply over the past several years, from 8% in the 2004 study, to 6.4% in 2005, to 6% in 2006, according to the latest report. Based on those figures, Aon is advising hospital risk managers to anticipate a 3% increase in liability costs in 2008 before factoring in organic growth. That advisory rate also is the lowest over the history of the report."</p>

<p>Dave Lenckus, Business Insurance 10/2/07<br />
http://www.businessinsurance.com/cgi-bin/news.pl?newsId=11231</p>]]>
        
    </content>
</entry>
<entry>
    <title>McDonalds Liable in Sex Abuse Case</title>
    <link rel="alternate" type="text/html" href="http://www.chicagomedicalmalpracticelawyerblog.com/2007/10/mcdonalds_liable_in_sex_abuse.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.chicagomedicalmalpracticelawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=2/entry_id=194" title="McDonalds Liable in Sex Abuse Case" />
    <id>tag:www.chicagomedicalmalpracticelawyerblog.com,2007://2.194</id>
    
    <published>2007-10-16T15:02:37Z</published>
    <updated>2007-10-16T15:08:11Z</updated>
    
    <summary>“A jury awarded $6.1 million Friday to a woman who said she was forced to strip in a McDonald&apos;s back office after someone called the restaurant posing as a police officer. Louise Ogborn, 21 years old, had sued McDonald&apos;s Corp.,...</summary>
    <author>
        <name>Christopher T. Hurley</name>
        <uri>http://www.hurley-law.com/</uri>
    </author>
            <category term="Sexual Abuse" />
    
    <content type="html" xml:lang="en" xml:base="http://www.chicagomedicalmalpracticelawyerblog.com/">
        <![CDATA[<p>“A jury awarded $6.1 million Friday to a woman who said she was forced to strip in a McDonald's back office after someone called the restaurant posing as a police officer. Louise Ogborn, 21 years old, had sued McDonald's Corp., claiming the fast-food giant failed to warn her and other employees about the caller who already struck other McDonald's stores and other fast-food restaurants across the country. Ms. Ogborn had been seeking $200 million. McDonald's attorneys argued the company was not responsible and contended the company was being sued because of its deep pockets. ‘Louise has stood up for what happened to her and what McDonald's failed to do for three-and-a-half years, and this jury just vindicated her completely,’ said her attorney, Ann Oldfather. McDonald's is evaluating whether to appeal the decision.”</p>

<p>Associated Press, Wall Street Journal 10/5/07 (Subscription Only)<br />
http://online.wsj.com/article/SB119160859182050360.html</p>]]>
        
    </content>
</entry>

</feed> 

