The Law Offices of Barry G. Doyle, P.C.

An Illinois company will not be fined by state authorities in Utah after dozens of employees became ill from carbon monoxide poisoning in February. Investigators determined that a contractor hired by the company to replace a flue pipe on an industrial washer did not use the proper materials in doing their work. As a result, the replacement pipe corroded, allowing the carbon monoxide to escape and causing dozens of employees in the factory to become ill due to carbon monoxide poisoning.

A situation such as this is one where the injured employees have the option of pursuing both a worker's compensation case against their employer and a third party liability case aganist the contractor. The theory of liability against the contractor would be that they did the work negligently, resulting in the carbon monoxide poisoning of the company employees. However, because worker's compensation is a no-fault system, all that the factory employees would have to show is that they were injured in the course and scope of their employment, something that would be quite easy as their job duties brought them into contact with the hazardous carbon monoxide.

Labels: carbon monoxide poisoning third party liability lawsuits worker's compensation

Carbon Monoxide Poisoning

4/8/2010
Barry Doyle
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Carbon monoxide poisoning in ice rinks

I saw a piece in the news recently about a law that is being passed in Minnesota regarding setting indoor air quality standards for ice rinks. There was an incident there similar to the Glen Ellyn ice rink carbon monoxide poisoning incident of this past winter where a number of youth hockey players were made ill by carbon monoxide poisoning.

The source of the carbon monoxide in the Minnesota incident was the Zamboni and other ice grooming equipment. The new law requires ice rinks to equip the ice making equipment with pollution emissions equipment and the rink with air monitoring equipment.

The law is a sensible approach to addressing the dangers of carbon monoxide poisoning. We all know that you do not leave the car engine running in a closed garage. While an ice rink is obviously a much larger building, that only helps diminish the concentration of the carbon monoxide, not eliminate it.

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3/27/2010
Barry Doyle
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Carbon monoxide suit settled

A wrongful death carbon monoxide suit which was filed following an incident in which a hotel guest died of carbon monoxide poisoning and his wife was sickened by it was recently settled.

The man was a guest at a Best Western hotel. Unbeknown to him, the hotel had hired a contractor to repair some stucco on the exterior of the building. Workers for the contractor covered over the vents to the hot water heaters for the hotel, causing carbon monoxide to flow into the man's room. When firefighters arrived, they discovered that the carbon monoxide levels were 10 times lethal levels.

According to the news story, terms of the settlement were not disclosed, but included the contractors involved with the work and the operator of the hotel.

Labels: carbon monoxide poisoning wrongful death lawsuits

3/16/2010
Barry Doyle
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Workers at food plant in Colorado exposed to carbon monoxide

Eight workers at a Colorado natural foods plant were exposed to carbon monoxide last week after the carbon monoxide detectors at the facility failed to sound an alarm as levels exceeded maximum allowable standards.

The eight workers went to the emergency room with classical symptoms of carbon monoxide poisoning. When testing at the hospital showed levels over 10%, doctors wee concerned about the public health implications of this and called the fire department. When firefighters arrived at the plant, they were greeted with surprise since none of the carbon monoxide detectors at the plant had sounded.

However, using their own equipment, firefighters found that levels in the plant were 70 parts per million, well in excess of the 25 ppm permitted under OSHA standards. Examination determined that although there were detectors at the plant, they only worked when the test button was pressed and did not sound when carbon monoxide levels exceeded the detector thresholds.

An executive at the plant referred to this as "basically a non-event." I wonder whether he would feel the same if members of his family were to suffer the long-term effects of carbon monoxide poisoning.

These injured workers would be entitled to seek worker's compensation benefits in Illinois. Also, they would be permitted to file a third-party liability lawsuit against the manufacturer of the defective carbon monoxide detector.

Labels: carbon monoxide poisoning dangerous consumer products third party liability lawsuits worker's compensation

2/17/2010
Barry Doyle
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34 sickened by carbon monoxide poisoning at church

34 people were made ill as a result of carbon monoxide poisoning at their Pennsylvania church, including some who had to be airlifted to a regional hospital. Authorities determined that the cause of the carbon monoxide poisoning was a blocked chimney for the church.

Winter poses a special increased risk of carbon monoxide poisoning for a few reasons. One is that there is an increased need for gas heat, and burning carbon based fuels such as gas or oil puts more carbon monoxide into the air. The other reason is that it is easy for things like chimneys, which are necessary to vent the carbon monoxide, to become covered with snow or ice, resulting in the carbon monoxide remaining in the building where it can rise to dangerously high levels.

Even though it is unpleasant to do in cold weather, periodic checks of chimneys and vents are an essential part of preventing carbon monoxide poisoning accidents.

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1/10/2010
Barry Doyle
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Carbon monoxide poisoning kills Oregon woman

An Oregon woman recently died of effects from carbon monoxide poisoning from a Dec. 9 accident which killed her husband also. A spokesman from the fire department indicated that the cause of the carbon monoxide accident was an improperly installed heater. The improper venting which caused fumes to fill the home.

Carbon monoxide comes from the burning of fossil fuels such as gas, so improperly vented heaters are a common causes of carbon monoxide deaths. A first step in investigating this accident would be to determine when and who installed the heater. If this was done by a contractor, the contractor faces potential civil liability for the two deaths caused by this accident. A second step that would have to be taken is to determine how it was improperly vented. This should be shown in the fire department's investigation. If not, steps must be taken to preserve the scene and all evidence related to the accident.

This was a very avoidable accident which deserves a proper investigation.

Labels: carbon monoxide poisoning wrongful death lawsuits

12/30/2009
Barry Doyle
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Faulty furnace causes carbon monoxide poisoning in South Side apartment building

A five story apartment building on the 3500 block of South Sangamon was evacuated earlier this week due to elevated carbon monoxide. The source of the casrbon monoxide poisoning was traced to a faulty heater in the apartment building.

Landlords have the responsibility for keeping the common elements of an apartment building safe and proper condition. This would include elements such as a furnace which will emit carbon monxide if not properly maintained and vented. The responsibility for this carbon monoxide poisoning event would therefore fall on the landlord of this apartment building.

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12/6/2009
Barry Doyle
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Unsafe carbon monoxide levels in ice rink

In the wake of the Glen Ellyn ice rink carbon monoxide poisoning incident from a few weeks ago, I was interested to read a story from Sacramento about the poor quality of the air in their local ice rinks, including high levels of carbon monoxide.

The story indicates that the high level of carbon monoxide was due to the poor repair of the Zamboni ice machine and poor ventilation in the rink. The owner promised to make repairs to avoid having a carbon monoxide poisoning accident.

Labels: carbon monoxide poisoning

11/9/2009
Barry Doyle
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Carbon monoxide leak at Center Ice of DuPage in Glen Ellyn results in hospitalization of several from youth hockey tournament

The Center Ice of DuPage ice rink facility had to be evacuated Saturday evening. Several people attending a youth hockey tournament that brought teams in from around the country fell ill with headaches, nausea, and vomiting. When rescue crews came to the facility, a carbon monoxide detector showed very high levels of carbon monoxide, prompting an evacuation of the entire facility. As of this writing, the source of the carbon monoxide emissions had not been determined. Many of the people who were made ill had to be hospitalized with symptoms of carbon monoxide poisoning.

Early press reports described the injuries sustained by persons attending the tournament as being "not serious" but carbon monoxide can have significant long-term health effects. Ongoing follow-up care and therapy will be required for those made most seriously sick by carbon monoxide poisoning.

While the source of the carbon monoxide emissions was not being reported in the early press accounts, carbon monoxide is primarily produced by the burning of fossil fuels. In a situation such as this, there are a number of likely culprits:

Exhaust from team buses being sucked in through the vents to the building. This has been a common scenario in a number of other carbon monoxide poisoning accidents. Buses left idling near the building are a potential source;
Defective heating equipment in the building. It was not cold Saturday evening, but the cool snap the week before may have led the building operators to turn the heat on. If the heat equipment was not working properly, it may have taken a long period of time for harmful concentrations of carbon monoxide to build up in a large, open facility like that ice rink;
Defective icing equipment. A facility like the ice rink requires powerful equipment to cool the building so that ice can be made inside the facility. A defect in the equipment or how it is vented could be a possible cause of the carbon monoxide poisoning.

Labels: carbon monoxide poisoning

11/4/2009
Barry Doyle
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Fulbright scholars stricken by carbon monoxide poisoning

In Nashville, Tennessee, three Fulbright scholars were hospitalized suffering from carbon monoxide poisoning after being overcome by fumes in the residence hall in which they were staying. An investigation determined that faulty heating equipment was the source of the carbon monoxide poisoning.

A couple of points:

Many episodes of carbon monoxide poisoning are caused by faulty heating equipment or improperly vented heating equipment. With cold weather starting to set in, you should be careful to have all of your heating equipment checked for proper operation and to make sure that it is properly vented. Also, please check your carbon monoxide detectors and make sure that there are fresh batteries installed.
Cognitive impairments are one of the signature injuries from carbon monoxide poisoning. As Fulbright scholars, these three people who were injured were obviously people functioned at a very high level intellectually, and after their fellowships were over, were probably on track for significant careers in their chosen fields and significant earnings over the course of their lifetimes. If there are long-term cognitive deficits compared to their pre-injury status, the impairment of their earning capacities is a legitimate item of damages, even if they go on to make good money in their fields. Evaluating this kind of loss of earnings is very difficult and will take the assistance of an experienced personal injury attorney.

Labels: carbon monoxide poisoning

10/31/2009
Barry Doyle
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Carbon monoxide safety reminder

With the arrival of daylight savings time serving as a reminder to check things that we do not always think about, now is a good time to remind ourselves to check that our carbon monoxide detectors have good batteries and are fully functional. Carbon monoxide poisoning claims several lives each year and leaves many others with serious residual injuries. Because carbon monoxide is colorless and odorless, there is no real warning that a carbon monoxide poisoning accident has happened or is happening until it is far too late. Carbon monoxide detectors are the front line defense against these kinds of injuries, so it is worth a few minutes of your times to check to make sure that they are functioning properly.

Labels: carbon monoxide poisoning

10/5/2009
Barry Doyle
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Improper furnace venting results in hospitalization of 11 due to carbon monoxide poisoning

Eleven people from an Indiana apartment complex were hospitalzied last week due to carbon monoxide poisoning. Authorities determined that the cause of the carbon monoxide poisoning was a furnace that was vented directly into an apartment.

With the return of fall weather, people will once again be using heating equipment which has been out of service for months. Before using gas appliances are out back into use this fall, you should becareful to have them inspected and serviced by a well-qualified professional to ensure that they are in proper working order and that they are properly vented.

Because carbon monoxide is a colorless, odorless gas, the onset of symptoms is often the first warning that you have that something is wrong. Carbon monoxide poisoning can result in wrongful death, especially when the poisoning occurs while the victims are sleeping.

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9/30/2009
Barry Doyle
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41 sickened at Virginia bank

Earlier this week, 41 workers from a Virginia bank were sickened by carbon monoxide poisoning. The fumes came from a generator that was in use following a power outage, and entered the building through the ventilation system. Several had to be hospatlized for treatment of carbon monoxide poisoning.

Because this was an occupational exposure of carbon monoxide, the workers made ill in this incident would have an Illinois worker's compensation case if the case had occurred here. This would entitle the injured workers to three basic Illinois worker's compensation benefits: (1) payment of their medical expenses, (2) two-thirds of their average weekly wage, known as temporary total disability benefits (known as TTD), and (3) a lump sum settlement for any permanency associated with the expsoure.

Labels: carbon monoxide poisoning worker's compensation

9/24/2009
Barry Doyle
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$1.5 million settlement in Connecticut carbon monoxide poisoning case

I saw a piece in the news recently about a carbon monoxide poisoning suit In Connecticut which was settled for $1.5 million. The injured party in that case suffered from carbon monoxide poisoning when fumes from cement trucks and equipment pouring concrete outside her workplace seeped in through the office ventilation system.

One of the things that was notable about the story was how the defense attempted to discredit the plaintiff by claiming that her problems were due to family issues, mental illness, and drug abuse.

The teaching point from that story is not that if you are injured due to carbon monoxide poisoning, you will get a million dollars. The teaching point is that you should expect that the insurance companies will use any means necessary to discredit your injury claims and that you better have all of your medical proof ready to go.

One of the difficult thing about carbon monoxide injuries is that they are not as easily detected or as visible as a broken ankle, which gives defense lawyers room to sow seeds of doubt with the jury. This is the reason that you should hire an experienced Chicago personal injury lawyer if you are injured as a result of carbon monoxide poisoning.

Labels: carbon monoxide poisoning defense misconduct

9/17/2009
Barry Doyle
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Neighbors injured by carbon monoxide poisoning

Four neighbors in a North Carolina town home complex were taken to the hospital earlier this week suffering from carbon monoxide poisoning. Authorities determined that the one of the neighbors left his truck running by accident, and fumes from the engine were the source of the carbon monoxide.

Gas combustion engines such as those found in cars and trucks are a prime source of carbon monoxide. When your car or truck is not in use, the engine should be turned off, especially if it is in an enclosed space such as a garage. Many people are well aware that if they stay in the garage with the car running, they can kill themselves.

However, many people are unaware that the carbon monoxide can spread from the garage and into the house, as was apparently the case with this accident, and was the case with this carbon monoxide poisoning death case from Florida earlier this year.

Labels: carbon monoxide poisoning

6/28/2009
Barry Doyle
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Carbon monoxide poisoning makes six ill at New York diner

Six people from a New York diner had to be hospitalized after falling ill due to carbon monoxide poisoning. After the diner was cleared, authorities determined that the source of carbon monoxide was defective venting to the hot water heater in the diner.

There are a few key items in every investigation of a possible carbon monoxide poisoning case:

Was there in fact carbon monoxide present where the people became ill in amounts sufficient to cause injury or illness? This is usually determined by authorities on the scene using a carbon monoxide detector, if one has not been installed at the home or business.
Is there carbon monoxide emitting equipment nearby? Any piece of machinery that burns gas is a possible source of carbon monoxide emissions.
Is the equipment in proper working order? Poor maintenance or improper installation of the equipment can result in the gases being released indoors instead of outdoors.
Is the equipment properly vented? For the equipment to be used safely, the carbon monoxide cannot be released into a confined space, and to keep that from happening it must be properly vented, and the venting system must be in good working order.

Most often the investigation reveals that there was a defect in one of these areas that produces the carbon monoxide poisoning that injured, sicken, or kills the victims of carbon monoxide poisoning.

Labels: carbon monoxide poisoning

6/13/2009
Barry Doyle
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Carbon monoxide makes family ill in hotel

A family staying in a Maryland hotel had to be hospitalized after being made sick due to carbon monoxide poisoning. Emergency crews detected high levels of carbon monoxide and were trying to identify the source.

The hotel where this family was sickened is in Maryland resort town. This carbon monoxide poisoning incident took place at the start of the vacation season when many vacation properties are just being opened up for the summer vacation season.

This accident should serve as a reminder to have all gas burning equipment in vacation properties checked at the start of the summer season so as to prevent any carbon monoxide poisoning deaths and injuries.

Labels: carbon monoxide poisoning

6/11/2009
Barry Doyle
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Running engines in garage pose carbon monoxide poisoning risk

Two recent stories in the news underline the fact that it is not safe to leave gas burning equipment running in the garage. Doing so allows carbon monoxide to seep into the house, placing people in the house at risk for serious injuries or wrongful death due to carbon monoxide poisoning.

In Connecticut, two men and seven rescue workers were hospitalized with carbon monoxide poisoning after they left a generator running in a garage adjoining the house where they were living. When rescue workers came to their aid, their carbon monoxide detectors found that the levels exceeded the 500 ppm maximum amount that could be measured on their equipment. Anything in excess of 35 ppm is considered hazardous.

In Florida, a woman was not able to shut the engine off on her SUV, so she shut the garage door and went into the house. Carbon monoxide fumes seeped into the house, killing her daughter and another girl who was spending the night.

The take-away from these two news stories is that it is very dangerous to leave gas burning equipment running inside the house, even if it is in the adjoining garage. Carbon monoxide gas is colorless and odorless, so it is virtually undetectable without a carbon monoxide detector. If there are no carbon monoxide detectors present, equipment such as cars or generators can generate enough carbon monoxide gas to cause serious injuries or even wrongful death.

Labels: carbon monoxide poisoning

4/8/2009
Barry Doyle
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Family dies in Aspen carbon monoxide poisoning tragedy

A family of four vacationing in Aspen over Thanksgiving were all killed by carbon monoxide poisoning resulting from the disconnection of an exhuast pipe from a boiler to the chimney flue. Inspectors determined that the building where the family was staying had numerous building code violations, all stemming from repair work that was done without permits.

I see stories just about every week about a family which suffered from carbon monoxide poisoning while on vacation. To the extent that you can, please check the appliances when you arrive at your destination. This particular accident resulted from a carbon monoxide seeping from a disconnected elbow joint -- something that should be readily visible on inspection.

This story should also drive home the point that people from all walks of life and and socioeconomic groups are at risk from carbon monoxide poisoning.

Labels: carbon monoxide poisoning

4/5/2009
Barry Doyle
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Carbon monoxide poisoning wrongful death lawsuit results in settlement

A wrongful death lawsuit stemming from a 2006 incident in which a man and his daughter died as a result of carbon monoxide poisoning in a Maryland hotel has been settled. The terms of the settlement were not made public in court.

An investigation by the local fire marshall determined that the source of the carbon monoxide was a leaking pipe to a hot water heater loacted below the family's hotel room. The fire marshall also determined that the type of hot water heater in use at the hotel was not suitable for the use to which it was put.

The lawsuit filed by the family named as defendants the hotel, the water heater manufacturer, and the seller and installer of the heater.

Cases like this demonstrate that in any carbon monoxide poisoning accident, there are potentially several parties who may be responsible for deaths and injuries caused by the carbon monoxide poisoning. In this case the hotel was responsible for purchasing and installing an improper type of hot water heater and then failing to properly maintain it. The manufacturer bears some responsibility for failing to provide the users with proper guidance as to the proper use of the product. Finally, the installer and seller also bear some responsibility for installing a product which was not suitable for the use to which it was put and failing to properly assemble the hot water heater. The fault of each of these entities contributed to the death of these people from carbon monoxide poisoning.

Victims of carbon monoxide poisoning and their families are not liekly to recognize how far beyond the obvious the fault for a carbon monoxide poisoning accident falls. When they fail to do this, they risk npot getting the full compensation to which they may be entitled. This is an important reason for carbon monxide poisoning victims to hire an experienced Chicago personal injury lawyer.

Labels: carbon monoxide poisoning wrongful death lawsuits

3/24/2009
Barry Doyle
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Hyperbaric treatment can limit brain damage from carbon monoxide poisoning, study shows

A Utah physician specializing in treatment of victims of carbon monoxide poisoning has published an article in the prestigious New Engald Journal of Medicine showing that victims of carbon monoxide who do not receive treatment with hyperbaric oxygen within 24 hours of injury tend to have worse manifestations of the brain damage following exposure. The brain damage from carbon monoxide poisoning does not typically result in an actual loss of IQ points, but instead shows itself through depression, short-term memory issues, loss of balance, and headaches.

While prompt treatment helps with the long-term outcome, the researcher also found that many victims of carbon monoxide poisoning still have long-term deficits that impait their overall level of function.

Because many of the signs of carbon monoxide injury are subtle, one of the things that an experienced Chicago personal injury lawyer can do for victims of carbon monoxide poisoning is put the injured person in touch with physcians who have the background in treating these kinds of injuries. This will make a substantial difference to the victim in his or her physical recovery as well as in his ability to demonstrate his or her injuries to a skeptical insurance company or jury.

Labels: brain injury carbon monoxide poisoning

Dangerous Industrial Products

9/26/2009
Barry Doyle
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Carbon monoxide hazard leads to recall of Bosch boilers

Bosch Thermotechnology Corp. has announced the recall of its Buderus GB312 gas fired, floor-standing condensing boilers. The basis for the product recall is that a defect in the ignition can result in damage to the venting for the boiler, creating a risk of carbon monoxide poisoning.

One of the common causes of carbon monoxide poisoning is defective gas powered equipment. Many times the problem with the equipment is poor maintenance or repair work, but this recall is a reminder that defects in the design or manufacture of the gas boiler. Carbon monoixide poisoning can cause long term cognitive defects in its victims.

Labels: carbon monoxide poisoning dangerous industrial products