312-578-9501 | www.shannonlawgroup.com MAY 2019
Most of you know that my dad is living in his 98th year. In 1920, the life expectancy tables provided for a 54-year lifespan for my dad. By my math, Dad has outlived his life expectancy by 44 years and counting. I fully expect him to crack the century mark on November 15, 2021. My mom passed away 15 years ago at the age of 74. In 1930, the life expectancy tables provided for a 64-year life span for my mom. She suffered from chronic illnesses her entire life but beat the tables by 10 years. Last month, I traveled to St. Louis to take the deposition of an “expert witness” designated by the defendants in a sensitive case, which we will bring before a jury later this year. We are fighting to protect the future of a precious 9-year-old girl. We’ll call her Sarah. She lives with her mom and dad and has seven older sisters, and the family dotes on Sarah constantly. She has a lovely smile and an affectionate laugh. Whenever I enter their home, I am struck by how much love Sarah provides to her family and they to her. Sarah is the sun, and they orbit around her, singing to her, reading to her, and pushing her in a swing. Sarah has cerebral palsy. She uses a wheelchair and is fed through a feeding tube. Sarah’s treating doctors have told us she needs 24-hour care for the rest of her life. This 24/7 care requires someone specially trained to administer her food and medication. Her care and treatment will be expensive — very expensive. According to life expectancy tables, Sarah will live to be 83. The defendants in our case don’t like the price tag for Sarah’s future care. That is where the designated “expert witness” comes in. The “expert” has the most extensive testifying list I have ever seen in my 31-year career. They testify to nearly the same thing every time: Kids with cerebral palsy like Sarah don’t have long to live. In our case, he swore under oath that Sarah has a life expectancy of 16 more years. After asking him questions for a few hours, I still can’t understand how he came up with that magic number. His testimony was based more on speculation than on any formula THE ‘EXPERTS’ OF LIFE EXPECTANCY Exposing Junk Testimony
or mathematical basis. For example, this “expert” had previously testified that a child with cerebral palsy, chronic problems involving her heart and lungs, and multiple hospitalizations for respiratory problems — none of which Sarah has — had a life expectancy of 50 more years, which is 34 more years than our client. But the “expert” went further. Remember I told you that Sarah needs 24-hour care? The “expert” testified Sarah only needs 14 hours of care from a certified nursing assistant (CNA) per day. In Illinois, a CNA is not legally qualified to medicate or feed our client. He further testified that Sarah will actually need zero physical therapy because she has “plateaued.” When asked whether physical therapy will give Sarah a fighting chance to increase her quality of life, lessen chronic pain from contractures, and lengthen her life span, he coldly stated that despite what her treating doctors say, the therapy would provide no benefit. The testimony was as cold as an insurance company’s balance sheet. To them, Sarah is a number on an expense report. Our job is to expose the “junk” that the defense is feeding to the court and to the jury. My dad has outlived the charts by over 40 years, and my chronically ill mom outlived her charts by 10 years. In our case, the defendants and their insurance company will use an “expert” to testify that our client will live 58 years less than the charts imply. It is our job to provide Sarah and her family their day in court and to expose this junk testimony, so Sarah receives the care and treatment she deserves for the rest of her life. We stand ready to do just that.
–Joe Shannon
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It’s not an overstatement to say that social media has revolutionized the way we live our lives today. But with that massively powerful platform comes a massive responsibility, especially if you’re already in the spotlight. Athletes have taken the opportunity social media affords them to build their personal brands and engage in community outreach with the fans who look to them as role models, but there’s a downside to cataloging years of unfiltered thoughts on the internet. For better or worse, social media is here to stay, and we have full access to all the drama that unfolds for our entertainment. Despite the web’s potential for good, some pros can’t seem to get the message that every post falls under the scrutiny of the public. PR firms representing players have now made it a top priority to keep their clients’ images in line by scrubbing old posts that could be offensive and land them in hot water. Still, though, it seems like there’s a new controversy every week. One of the best examples comes courtesy of former football star “Johnny Football” Manziel. The former Heisman Trophy winner was notorious for posting
embarrassing images of himself partying when he should have been practicing, and he often blasted his private issues in public, seemingly with no filter. He’s out of a job now, most recently having been banned from the Canadian Football League. For every bad apple, though, there is a bushel of athletes who use their platforms for the greater good. Houston Texans defensive end J.J. Watt, five-time Pro Bowler and NFL star, has used his social media “juice” to spread the word about his charity, raising over $4.6 million for youth athletic programs and organizations. Philanthropy aside, part of the beauty of celebrity social media is that the people who seem so much larger than life become accessible because of it. In decades past, you might have written a letter that, if you were fortunate, got a response from some unpaid intern. Today, fans can reach out directly to their favorite athletes. It is a personal connection unparalleled in history. What a time to be alive.
Q&A WITH PAT CUMMINGS
Q: I’ve been prescribed additional medical treatment, but I can’t afford it. What options do I have?
Every week, we receive calls from folks who have been in a car accident recently. Below are two questions these folks sometimes ask, along with my answers to their questions. Even if you’ve never been in a car accident before, it’s important for you to know this information in case you ever find yourself in a similar situation.
A: We have clients come into our office all the time expecting the bad driver’s insurance company to pay for their medical bills as they come in. Unfortunately, that’s not how the system works. A defendant’s insurance company won’t pay anything until the end of the case. That can leave injured victims with accumulating medical bills and no means to pay them. If you find yourself in that position, you can pursue a few options. First, if you have health insurance, ask your medical providers to bill your health insurance. You pay premiums every month in case something bad happens to you that requires medical attention. A car crash is that bad thing. Some providers mislead patients by saying that their treatment “has to go through auto insurance,” but it’s not supposed to work that way. Second, most automobile insurance policies have medical payment coverage. Under the medical payment coverage, your own insurance company will help with your medical bills up to your policy limits. Make sure that your insurance company is sending you a check for the amount of the bills. As the insured, it’s your right to decide which of your bills to pay and when.
Q: I’ve been sued as a result of a crash. What do I do?
A: If you’ve been sued as a result of a crash (regardless of whether you think you were at-fault), submit the legal documents to your auto insurance carrier. Under the provisions of your policy, your insurance company is obligated to defend you. That means they will hire an attorney to defend you, pay the legal costs associated with defending a lawsuit, and pay up to your policy limits to the injured party. If you’ve also been injured in a crash in which you’ve been sued, it’s a good idea to discuss the matter with a personal injury lawyer. As part of the claim defense process, you will have to submit to a recorded statement. Having your own attorney there to represent you during your statement will ensure you preserve all of your rights for your own injury claim.
–Pat Cummings
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LYFT SECURES EXCLUSIVE CONTRACT TO OPERATE CHICAGO’S DIVVY BIKE-SHARING SYSTEM
Chicago’s transformation into a bike-friendly city continues with the announcement that Lyft, the popular ride- share company, will be the exclusive operator of Chicago’s Divvy bike-sharing system for the next nine years. The revenue sharing agreement between Lyft and the city calls for the Divvy program to be expanded to all 50 wards by 2021 with 16,500 bikes and 800 stations.
New Chicago mayor Lori Lightfoot has indicated that she plans on expanding the number of bike lanes in Chicago as well as incentivizing residents to bike to work through tax and regulatory incentives for employers. Many have called for the expansion of Chicago’s existing bike-sharing program to other parts of the city, which this deal hopes to accomplish, while also helping to decongest some of Chicago’s morning and evening commutes. I am looking forward to some nicer weather and more opportunities to go for a ride. In addition to the bike lanes that allow riders to share the road with Chicago drivers, there are many trails throughout the city that make for a more peaceful ride. The Chicago Lakefront Trail is wonderful, as is the 606 Trail through Chicago’s Bucktown neighborhood. As the weather warms, more and more people will be out riding. Whether you are heading to work in the morning or the lakefront on the weekend, we encourage everyone to use caution and wear the proper safety gear, especially when navigating Chicago’s potholes!
The new bikes, which Lyft would own, will have an electric pedal-assist and a hybrid-locking mechanism to allow for the bikes to be docked at regular bike racks rather than a Divvy station. Lyft agreed to invest $50 million in new bikes, stations, and hardware and an additional $27 million over the course of the nine year agreement for transportation projects. Chicago will likely use that money for additional bike lanes.
–Jon Svitak
MAY 2019 DATES OF CONSEQUENCE
CONGRATS TO THE WINNERS OF SLG’S 2019 BRACKET CHALLENGE!
May 1
Feast of St. Joseph the Worker Johnny baseball Mariners v. Rockies Kentucky Derby Marquette University Last Day of Classes Indianapolis 500 Memorial Day Feast of the Visitation
Bracket 1 1st Place: Danny Hart 2nd Place: Michael Beaumont 3rd Place: Charlie Jansen 4th Place: Kelly Keegan
Bracket 2 1st Place: Kate Refine 2nd Place: Emma Shannon 3rd Place: John Weber 4th Place: John Shannon
May 2
May 4 May 4
May 26 May 27 May 31
Thanks to everyone who joined us for March Madness this year! We hope to see everyone in the pool again come 2020.
Every Saturday morning throughout the year, St. Joan of Arc Men’s Group meets from 7–8 a.m. in the St. Joan of Arc Parish Center. Please join us.
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Phone: 312-578-9501 www.shannonlawgroup.com
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INSIDE THIS ISSUE
page 1
Exposing Junk Testimony
page 2
The Golden Era of Athletes on Social Media
page 2 page 3
Q&A With Pat Cummings
Changes to Chicago Bike System
page 3 page 3
Bracket Winners!
May Dates of Consequence
SUDOKU
PHOTO OF THE MONTH
Joe and Johnny at the Chicago Cubs Home Opener
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