Shannon Law Group - July 2020

Shannon Law Group - July 2020

135 S. LaSalle St., Ste. 2200 Chicago, IL 60603

3550 Hobson Rd., Ste. 403 Woodridge, IL 60517

312-578-9501 | www.shannonlawgroup.com Text 312-847-2428 JULY 2020

THE STORY BEHIND ‘THE OPENING STATEMENT’ PODCAST

When the COVID-19 pandemic hit, we all felt isolated. The extrovert in me was dying to get out. I decided to reach out to our clients and friends. I asked our team to help launch our podcast. I wanted to connect with people who are making a difference in their communities to find out how they got started. I wanted to understand how they succeeded. On March 30, we recorded our first episode with Dan Cummings, a terrific criminal defense attorney in Naperville. It was a lot of fun to catch up with Dan because he’s read more books than anybody I know. In the last 90 days, we have recorded over 60 episodes. We began by just recording the audio of our interviews, but now we record every conversation as well. We don’t pretend to be a polished podcast.

6. How did Phil English, Yakima’s legendary high school running coach, help his athletes earn over $40 million in scholarships? (Listen to Episode 48) 5. Why and how did our local St. Joan of Arc parishioner, Naperville North graduate, and Northwestern soccer player Maria Grygleski decide to serve as a missionary for FOCUS on college campuses? (Check out Episode 25) 4. What made Fr. Dennis Paul decide he wanted to be a Catholic priest after growing up as a St. Isaac Jogues and Ignatius kid? (Listen to Episode 47) 3. How did Michigan native Patti Maguire Armstrong move from Portland to North Dakota, become a mother of 10 (including two kids adopted from Kenya), and find time to write so many books? (Check out Episode 46) 2 How did attorney Jon Hatami of the hit Netflix series, “The Trials of Gabriel Fernandez,” handle life after the biggest case of his young career? (Listen to Episode 45) 1. How did St. Isidore and St. Francis high school graduate Kelsey Robinson transition from local high school volleyball player to repeat U.S. Olympian and international volleyball star? (Check out Episode 38) I want to thank Sidney Bottino and Ashleigh Zurek for all their time working on this project. Ashleigh created and launched the podcast’s official website (TheOpeningStatementPod.com). You can listen and subscribe to “The Opening Statement” on YouTube, Spotify, and Apple Podcasts.

Here are some of the questions answered on our podcast:

7. How did North Central graduate Dan Iverson, who coached my daughters Emma and Kate at Naperville North, create a juggernaut high school cross-country team that has won state championships year after year? (Check out Episode 4)

Let me know what topics and guests you want on the show. Text me at 312-847-2428.

With gratitude,

– Joseph Shannon

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3 BIRTH INJURIES CAUSED BY MEDICAL NEGLIGENCE THAT YOU SHOULD KNOW ABOUT

With today’s advancements in medical care, you may think that birth injuries are a thing of the past, especially in Illinois and the rest of the United States. Unfortunately, that’s not the case. Birth injuries happen every single day here in America. In fact, of every 1,000 infants born in the United States, an estimated 6–8 babies are injured during delivery.

Children with cerebral palsy may show different symptoms depending on the severity of their brain damage. Generally, they will experience difficulty with motor skills, muscle spasms, and floppiness or rigidity of their limbs and torso. Epilepsy, deafness, or blindness are cerebral palsy symptoms as well. Often, a child with cerebral palsy suffered perinatal asphyxia at birth. Perinatal asphyxia happens when your baby doesn’t receive enough oxygen before, during, or after birth. This can cause severe brain damage. ERB’S PALSY (BRACHIAL PALSY) When an infant suffers damage to their brachial plexus nerves during birth, Erb’s palsy may result. The brachial plexus is a network of nerves located near the neck. These nerves are responsible for the movement and feeling in your shoulder, arm, hand, and fingers. Erb’s palsy is a nerve injury caused by trauma that results in a child’s inability to use the affected arm. SPINAL CORD INJURIES During the birthing process, the spinal cord may sustain a bruise, partial tear, or complete tear. If your child suffers a spinal cord injury during birth, they may experience symptoms like muscle weakness or even paralysis.

Typically, birth injuries happen when a medical professional makes a mistake that results in unnecessary harm to the baby. Some birth injuries may heal on their own, while others require a lifetime of treatment and 24-hour care.

Here are three serious birth injuries caused by medical negligence that you should know.

CEREBRAL PALSY More often than not, brain damage during birth causes a condition called cerebral palsy. The most common causes of cerebral palsy are failing to identify fetal distress, using abnormal birthing techniques, and monitoring the mother improperly during labor.

WHAT IS THE VACCINE INJURY COMPENSATION PROGRAM?

Several times a week, I speak with people across the United States about a potential vaccine injury claim. Most callers had no idea that the Vaccine Injury Compensation Program existed before they were injured. They just found us when they started researching online.

In 1986, Congress enacted the National Childhood Vaccine Injury Act. The purpose was to ensure that the public had continued access to vaccines. In order to achieve that goal, the Secretary of Health and Human Services created the VICP, which offered a path for those injured by vaccines to petition for compensation without having to prove that a party acted negligently. A person injured by a vaccine was prohibited from suing a vaccine manufacturer without first filing a claim with the VICP. Therefore, the VICP accomplished two things:

Even then, callers who have done their research still have very little information about how the program works.

In 1986, the National Childhood Vaccine Injury Act created the National Vaccine Injury Compensation Program (VICP). The VICP is a no-fault system that provides compensation to people injured by vaccines listed on the childhood vaccination schedule. If you were injured by a vaccine before the VICP existed, you sued the vaccine manufacturers and health care providers in our national tort systems to receive compensation. As vaccine production increased, more people injured by vaccines looked to litigation as their only remedy. Lawsuits against both vaccine manufacturers and physicians increased beginning in 1950 and continued to grow in the 1970s and ‘80s. Under the weight of these lawsuits, vaccine manufacturers and health care facilities threatened to reduce the production and administration of vaccines. The government then recognized the importance of guaranteeing that everyone has access to vaccines. It also acknowledged that vaccines caused injuries in very rare cases. As a result, the government created the VICP.

1. It protected pharmaceutical companies, vaccine manufacturers, and physicians from lawsuits.

2. It created a no-fault compensation fund for those injured by vaccines.

The VICP receives money for compensation from a trust fund. The fund receives $0.75 for every dose of a vaccine administered. As of March 2020, the fund had accumulated nearly $4 billion dollars. The U.S. Department of Treasury manages the fund. The fund pays both the petitioners and their attorneys. That way, petitioners can hire an attorney without worrying about paying them.

If you or someone you know was injured by a vaccine, contact us today to find out if you’re eligible for compensation.

– Jonathan Svitak

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WHAT ARE MY INSURANCE COMPANY’S OBLIGATIONS IF I GET SUED?

When we purchase auto insurance, it is not just to protect us if we’re involved in a collision caused by someone else. It also protects us in the event that we cause an accident. When you’re at fault for an automobile accident and someone else is injured, your insurance company has certain duties and responsibilities that it owes to you as the at- fault driver.

the policyholder based on its decision that there is no coverage. However, this may expose the insurance company to a bad faith claim under certain circumstances. Your insurance company may also send you a “reservation of rights” letter. This letter says that while your insurance company will defend the claim on your behalf, it is still reserving its right to dispute whether the claim is covered under the policy. When this happens, your insurance company must inform you (the policyholder) of your right to independent counsel, separate from the insurance company lawyers. Let’s say that an injured party makes an offer of settlement to your insurance company that could possibly expose your personal assets. In this situation, your insurance company is obligated to tell you about the offer, the potential exposure, and your right to obtain independent counsel. When you purchase an insurance policy, you’re also buying the security and peace of mind of knowing that you will be protected if you are involved in an accident, regardless of who is at fault.

First, the insurance company has a duty to protect you from the legal consequences of your conduct. Your insurance company accepts any legal responsibility for payment of damages related to the accident, protecting your personal assets. Under the insurance contract, your insurance company agrees to put you (the policyholder) back in the same financial position as you were before the accident. This type of protection only kicks in when you are found liable for an accident. Second, your insurance company also has a duty to defend you if a claim is brought against you by another party after an accident. The duty to defend happens when a claim has been made that could potentially result in liability against you. Sometimes, an insurance company will contend that a particular event or occurrence is not covered under a specific policy. In this situation, the insurance company may choose not to defend

If your insurance company did not properly protect your rights after an accident (even if you caused the crash) or you have questions about an insurance company’s obligations after an accident, don’t hesitate to contact us. We’ll point you in the right direction.

– Patrick Anderson

‘CAN’T HURT ME’ BOOK GIVEAWAY!

Joe first heard David Goggins’s speak at a conference in 2018. He was so inspired by David that everyone at our office has read his book, “Can’t Hurt Me.” This month, we’re giving away copies to our lucky readers. For a chance to win a copy of “Can’t Hurt Me,” text SEND ME GOGGINS BOOK to 312-847-2428 to enter. You must enter before Aug. 15.

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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

Phone: 312-578-9501 Text: 312-847-2428 www.shannonlawgroup.com

135 S. LASALLE ST., STE. 2200 CHICAGO, IL 60603

INSIDE THIS ISSUE

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The Story Behind ‘The Opening Statement’ Podcast 3 Birth Injuries Caused by Medical Negligence That You Should Know About The Vaccine Injury Compensation Program What Are My Insurance Company’s Obligations if I Get Sued?

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DO YOU HAVE A QUESTION FOR ME? Text me at my personal number: 312-847-2428.

SUDOKU

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www.shannonlawgroup.com

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