NOLA

N N

EWS

Fal

l 0

8LA

N N

EWN O L A N L AW G R O U P N e w s l e t t e r

NOLA

N N

EWLA

N N

EW

Leasing companies should be aware of the tremendous liability entailed in exporting old junk airliners to overseas carriers. —aviation updates, page 4

“” I N S I D E

3 product safety alert

4 aviation updates

8 brain injury updates

9 nurse’s corner

10 settlement survey

12 employee profi les

13 know your rights

14 in the news

16 legislative update

17 fi rm talk

Dear Friends:

First, I wish to thank each of you for all of the support and goodwill you have pro-vided, and continue to provide, the attorneys and staff at Nolan Law Group, including me. Without you, we could not have achieved the success which has made Nolan Law Group a premiere advocate for victims’ civil rights. This latest edition of the Nolan Law Group newsletter allows us to report on some of these recent successes as well as to discuss important new issues affecting our personal safety and the legal rights of all Americans. We also have an opportunity to share important news within the fi rm. As you may know, Nolan Law Group recently added two extremely talented and highly - respected trial lawyers to its team. Paul Borth and Tom Routh joined the fi rm as partners and have already proven themselves to be outspoken and effectiveadvocates on behalf of the fi rm’s clients. You can learn more about Paul and Tomin the Employee Profi le on page 12. With recent changes in the global economy, pressure continues to increase on air-lines to control expenses of operations and maintenance, resulting in increased stress on existing airport infrastructures, regulatory oversight, and the aging worldwide fl eet. These factors present an environment which can drastically compromise passenger safety. Many of these factors were at issue in the Air Philippines Flight 541 case in which American companies leased an aging and unsafe aircraft to a third world airline incapable of safe operations and maintenance, with tragic consequences. Our work on behalf of the victims’ families resulted in an unprecedented $165-million-dollar settle-ment which will certainly change how aircraft leasing companies conduct their business in the future. The details of this remarkable case are presented in the Aviation Update beginning on page 4. Inasmuch as thousands of consumers sustain serious injuries from defective prod-ucts each year, we are featuring a new section in our newsletter this quarter designed to keep you abreast of important product safety information. The Product Safety Alert will address issues concerning the manufacture and distribution of defective or unsafe consumer products, as well as provide valuable tips on how to keep safe. In the inau-gural feature, Nolan Law Group’s nurse consultant Valerie Romo addresses the recent recall of the vital blood thinner Heparin on page 3. I would also like to direct you to an article written by Michael Sullivan, an ABA-approved paralegal who many of you know as an integral part of Nolan Law Group’s workers’ compensation and construction injury practice. Mike provides important de-tails as to why someone injured on the job should never wait to call Nolan Law Group for advice in the Know Your Rights section on page 13. While no one needs reminding, we are fast approaching Election Day in another heated race for the Oval Offi ce. As one administration exits and another enters, we may soon be confronted with proposed changes to the legal system which could dra-matically infl uence or limit the rights of civil litigants and the authority of our courts. Our Legislative Update section has an in-depth discussion about how the upcoming election may impact Tort Reform on page 16. Finally, on the last couple of pages of this newsletter, you will see why some people say, “Nolan Law Group is a great place to work.” I have always felt that it is im-portant to maintain a healthy balance between work, community and family. Of course, we did all work very hard this summer, but we still had some time for a little fun with family and friends while giving back to the community. Check out Firm Talk for more on page 17. Again, thank you for allowing us to be advocates for the civil rights of deserv-ing people. We remain dedicated to our mission of being the best advocates for our clients, and we are here for you, your family and friends should the need ever arise. Please keep in touch.

Sincerely, Donald J. Nolan

NOLAN LAW GROUP

20 N. Clark St., 30th FloorChicago, IL 60602Phone: (312) 630-4000Fax: (312) 630-4011

www.nolan-law.com

nolan’s notessafety alertsafety alertsafety alertsafety alert

www. no l an - l aw. c om 3

product safety alert

www. no l an - l aw. c om 3

Heparin ContaminationBy Valerie A. Romo

safety alertsafety alertsafety alertsafety alertproduct safety alertsafety alert

product safety alertsafety alertsafety alertsafety alertsafety alert

continued on page 7

4 NO L AN L AW GROUP N EWSL E T T ER fall 2008

Leasing companies should be aware of the tremendous liability entailed in

exporting old junk airliners to overseas carriers that do not have the procedures or fi nancial means to operate them safely. Th is object lesson comes from a 22-year-old Boeing 737-200, operated by Southwest Airlines until it was provided by an Illinois-based leasing company to Air Philippines on Janu-ary, 18 1999. Th e airplane, operating as Flight 541, crashed on approach to Davao in the Philippines on April 19, 2000, killing all 131 passengers and crew aboard in the worst air crash to occur on the island nation. Between the date of the crash and the recent settlement of $165 million dollars in damages, there was a moun-tain of obfuscation and resistance that had to be surmounted. Th e case’s end result should discourage the leasing of airplanes to unqualifi ed carriers simply because of the greater fi nancial return as-sociated with such problematic ventures. Th e degree of risk is made clear by the attitude of George Lehnertz, CEO of Fleet Business Credit Corporation, who provided the B737-200 to Air Philip-pines. When asked by Donald Nolan in a deposition if the safety of people fl ying on an aircraft leased by his company was a “business concern,” he basically replied that it was assumed the airplane was air-worthy. He was asked specifi cally, “During the entire time period as CEO, you never once thought about the safety of the people that fl ew on the airplanes that were owned and leased by Fleet?” “To the best of my knowledge, no,” he

A Novel Idea: Aircraft Leasing Companies Should Ensure Safety

replied. Air Philippines was started in 1996, expanding from one airplane to a dozen at the time of the crash. Th e airline was hemorrhaging fi nancially, had a below par maintenance program, and no safety

offi ce. A risk-benefi t study by the leas-ing company determined that a contract with Air Philippines entailed risk but that the returns were good—in other words, passengers were put at risk in exchange for easy money. Stated bluntly, the airplane was dumped on an overseas market to a carrier unable to operate the airplane safely, and the leasing fees were jacked up to com-pensate for the risk. Th e manner in which Air Philippines operated was unsafe and would not be tolerated in the U.S., where hundreds of airplanes were grounded recently for electrical wiring inspections which were not conducted on time to the Federal Aviation Administration’s (FAA)

satisfaction. First, consider the pilots. Th e aircraft was being fl own as a route check for Captain Don Sardalla, administered by Captain Viluzmino Catipay. Th ey were fl ying from Manila to Davao and were

told by air traffi c control that they would be behind a Philippine Airlines A319 for approach and landing on the single runway. As the B737 broke out of clouds, the A319 was observed on runway 05. Captain Sardalla informed ATC of his intention to per-form a 360˚ maneuver, but Captain Catipay advised ATC of the opposite, stating that the aircraft would turn right instead of following the missed approach procedure shown on the ap-proach chart. Th e airplane re-entered clouds and attempted to fl y visually

at a lower altitude in instrument condi-tions when in fact it should have climbed to 4,000 feet. Th e intention in all of this creative fl ying was to land in the opposite direction on runway 23. An approach briefi ng was not con-ducted nor was a missed approach briefi ng conducted, despite the fact that this fl ight was a check ride for Captain Sardalla. As the airline’s representative on the airplane, Captain Catipay was derelict in making sure procedures were followed and the published missed approach profi le was fl own. At the time of the accident, there was no requirement for cockpit resource management (CRM) training in the Phil-ippines, which would have encouraged a crewmember to speak up in the face of a demonstrably unsafe condition. Sardalla sat silent as his intention was

told by air traffi c control that they would be behind a Philippine Airlines A319 for approach and landing on the single runway. As the B737 broke out of clouds, the A319 was observed on runway 05. Captain Sardalla informed ATC of his intention to per-form a 360˚ maneuver, but Captain Catipay advised ATC of the opposite, stating that the aircraft would turn right instead of following the missed approach procedure shown on the ap-proach chart. Th e airplane re-entered clouds and attempted to fl y visually

A photo that aided the case: At the site of the crash is an aircraft insurer repre-sentative with bags of concrete nearby to bury and encase the wreckage.

aviation updatesaviation updatesaviation updatesaviation updatesaviation updatesaviation updatesaviation updatesaviation updatesaviation updatesaviation updatesaviation updates

overridden. In his training records, Cap-tain Catipay was cited as being in need of CRM training. However, such training was not made a matter of Philippine regu-latory requirement until approximately a year after the accident. As the aircraft was circling back to land on the opposite runway, it collided with terrain. Th e airplane was equipped with an outdated ground proximity warning system (GPWS), which provided only 4 seconds warning of impending terrain (an aural warning, “Terrain, ter-rain, whoop whoop, pull up”) before fi rst impact with trees. Prior to the accident, about 7,000 other airliners had already been equipped with Enhanced GPWS, or EGPWS, which would have provided about a 45-second warning. EGPWS was developed after the American Airlines crash into a ridgeline on approach to Cali, Colombia in 1995, but had not been in-stalled in the accident airplane at the time of its retirement from Southwest Airlines or before being leased to Air Philippines.

Don Bateman, a senior engineer with Honeywell, indicated in a deposition that it would have cost about $50,000 to upgrade from the GPWS to the EGPWS technology. In other words, equipping the accident airplane with this life-saving technology would have cost mere pennies per ticket over the thousands of fl ights it would have made under lease to Air Phil-ippines. As was assessed during this case, a conscious decision was made by the leas-ing company to not upgrade the airplane from GPWS to EGPWS technology. Prior to the lease with Air Philippines, the airplane was repainted and minimal maintenance was performed. Air Philip-pines was provided with the Southwest Airlines maintenance manual, but it was on microfi che. Th e airline did not have a microfi che reader so an old B737-200 maintenance manual from United Air-lines was used instead. Air Philippines was fl ying B737-200s formerly operated by Southwest, United and Malaysian Airlines, all three of which employ mark-edly diff erent maintenance protocols. Th e airline should have had a so-called bridging program to establish uniform maintenance procedures for all of its B737-200 aircraft, but no such unifying standards were established. In short, the airline did not have properly documented maintenance procedures. Th ere were numerous other prob-lems with the airline. Flight crews were routinely rushed completing load sheet computations before takeoff and mechan-ics were not encouraged to wear ear pro-tection while working on the fl ight line. Th ese are just two of many indications of an unsafe operation.

Th e crash should not be surprising. What was astonishing was the length to which attempts were made to cover up the sordid facts. An association of families, represent-ing many of those killed in the crash, approached Nolan Law Group to repre-sent them. It did not take long for us to uncover the generally unsafe conduct and practices that led to this crash, and we took on the prosecution of the case.Our fi rm engaged in extensive legwork to establish the proposition that the leasing fi rm engaged in what is known in legal terminology as “negligent entrustment of a dangerous instrumentality.” Specifi cally, if the aircraft had not been leased to Air Philippines, Flight 541 would not have operated and the accident would not have happened. Making this simple point was com-plicated, given the overt resistance of the leasing company and its insurer. For ex-ample, the insurance fi rm paid a company to bury the wreckage between October 21 and 22, 2000—approximately six months after the crash but immediately after Nolan Law Group fi led the fi rst lawsuit from the crash. Th e shattered remnants were sealed in concrete, making it impos-sible for us to review the fi nal trajectory of the aircraft through examination of impact marks. It was also impossible to verify the proper functioning of the Cockpit Distance Measuring Equipment (DME) and the Vertical Speed Indicator, both of which were the subject of mainte-nance log entries for unreliable readings—with the most recent entry being recorded just three days before the crash.

continued on page 6

www. no l an - l aw. c om 5

The insurance company claimed

to have no knowledge of this

burial —until we produced a

photograph of one of their

agents at the burial site, with

bags of concrete laying about

the scene of frenetic activity.

A Novel Idea: Aircraft Leasing Companies Should Ensure Safety

aviation updatesaviation updatesaviation updatesaviation updates

6 NO L AN L AW GROUP N EWSL E T T ER fall 2008

aviation updates

a novel idea, continued from page 5

The insurance company claimed to have no knowledge of this burial—until we discovered photographs of one of their agents at the burial site with bags of concrete laying about the scene of frenetic activity. The fact that the airplane was in sub-standard condition was, in our opinion, ample motivation for the alleged cover-up by the insurer. The Cockpit Voice and Flight Data Recorder (CVR/FDR) were fortunately pulled from the tail of the aircraft shortly after the crash and flown to the U.S. National Transportation Safety Board (NTSB) for read-out and transcription. Unfortunately, the FDR was hopelessly damaged and did not yield usable data. The NTSB produced a transcript of the CVR, recording the pilots’ conversa-tions, but only the last 15 minutes of the 30-minute tape. Fortunately, by corrobo-rating with the tape of air traffic control radio traffic, Nolan Law Group’s team was able to reconstruct the aircrew’s noncom-pliance with go-around procedures and

the decision to fly an entirely new route and land in the opposite direction on Davao’s single runway. Endless depositions and document searches exposed the failure of the leasing company to provide the aging B737 with the latest safety equipment (EGPWS), formalized cockpit resource management training, adequate maintenance programs, and appropriate inspections before the lease was enacted. The depositions re-vealed that required maintenance was not conducted and a blind eye was turned to the obvious dangers. As mentioned, our case was based primarily on negligent entrustment, which places the duty on the lesser to perform due diligence and assure that Air Philippines was capable of operating the airplane safely. In sum, this was a manifestly unsafe operation, and our lawsuit for wrongful death, brought against the leasing com-pany, was settled for $165 million dollars. This case stands as an example for all

companies engaged in the selling or leas-ing of airplanes that they have a respon-sibility to ensure that the operator meets the highest standards. This is a critical, ethical, and legal obligation in this era of globalization, in which a plane can be leased to an airline in countries where the safety standards are well below those in North America and Europe. In the last five years, there have been more than ten fatal commercial airline crashes involving aircraft leased to developing countries. In the United States, the Federal Aviation Administration (FAA) professes a “one level of safety” ethic—that the passenger has a right to the same level of safety whether flying on a large or small airline. As a result of this case, a blow has been struck for applying this philosophy worldwide.

Don Nolan was the lead attorney for plain-tiffs in the Air Philippines lawsuit against Fleet Business Credit Corp.

Above: Island residents walk among the smoldering wreckage near the tail section of the ill-fated airplane.

Left: The accident airplane, registration RP-C3010, pictured shortly before the crash.

Dangerous Trends Continue in Commercial Helicopter SafetyIn 2007, there were 49 deaths from helicopter accidents in the United States. According to statistics provided by the National Transportation Safety Board (NTSB), these 49 deaths came from only 24 separate accidents. This figure represents slightly more than 12% of the 191 helicopter accidents and incidents investigated by the NTSB that same year.

The number of 2007 helicopter accidents and incidents represents an unaccept-able 12.35% increase from the 170 accidents that were investigated by the NTSB in 2006. More shocking is the fact that the number of fatal accidents for Part 135 operations doubled from the previous year and the number of fatalities associated with these accidents more than tripled. Despite the alarming trend, Joe Gigantelli, a vice-president of Sikorsky Heli-copters, was quoted in the June 20, 2008 publication of Engineering News stating,

“We’re seeing a very robust aviation sector right now,” and “[t]here is real market demand for commercial helicopters.” As might be expected, the increased demand for helicopters has been accompanied by an increase in preventable deaths. In the first half of 2008, there were 18 fatalities associated with Part 135 helicopter accidents, already surpassing the total figure for 2007. Sadly, as much as the demand for commercial helicopters increases, there will be a commensurate number of families searching for answers as to

why their loved ones died and who bears responsibility. Nolan Law Group is currently working on behalf of the victims’ families in sev-eral helicopter accidents in the United States and overseas, including the September 11, 2004 accident over the Aegean Sea which claimed the life of His Beatitude, Petros VII, Pope and Patriarch of Alexandria and All Africa of the Eastern Orthodox Church.

Operation Fatal Total Accidents / Accidents Fatalities Incidents

Part 91 16 31 143Part 135 6 16 27Part 133 1 1 7Public Use 1 1 6Part 137 0 0 8 TOTALS 24 49 191

www. n o l a n - l aw. c om 7

heparin contamination, continued from page 3

8 NO L AN L AW GROUP N EWSL E T T ER fall 20088 NO L AN L AW GROUP N EWSL E T T ER fall 2008

By Ginny Lazzara, RN, BSN, CRRN,

CBIST, Rehabilitation Nurse Consultant

It is often said, and rightly so, that

rehabilitation from a brain injury is

a lifelong journey. As such, the journey

may be made a bit easier when shared

with others. Support groups can often

take on that role. I have been lucky

enough to facilitate a brain injury sup-

port group for the past 22 years and

I have seen the diff erence it has made

in the lives of my patients and other

support group members. However,

most of the impact on group mem-

bers did not come from me—it came

from the collective caring and sup-

port provided by each member to the

other. I have also been lucky enough to

have visited many of the brain injury

support groups in Illinois in my role

with the Brain Injury Association of

Illinois. Th ere are many support groups

(though defi nitely not enough) and

they play a vital role in enriching the

lives of those who participate.

Life After Brain Injury Sharing the Journey Through Support Groups

Each support group is diff erent and has its own character and identity. Some are facilitated by professionals in hospitals or post-acute settings; others are facilitat-ed by persons who have had a brain injury or a family member. Some are for those who have a brain injury; others are for spouses and siblings. Some focus on social outings, while others focus on educational programs. Some groups are quite small, while others attract a larger crowd. Whatever the character or nature of the group, it is meeting needs—the need to be heard, have friends, share resources and live life to the fullest.

Are You Ready?In my early years as a hospital-based rehab nurse working on a brain injury unit, I automatically assumed that the natural progression for my patients was from the rehab unit to home, to an out-patient program, and a support group. Wrong. I learned that many of my patients who were discharged to home and an outpa-tient program were not convinced that they needed a support group. Once they arrived home, everything would be fi ne. For some, that was certainly the case. However, for quite a few, home and com-munity were just the beginning of a new set of challenges. Once discharged from a program, patients can get “lost” and many end up sitting at home without work, friends, or any other social outlets. I have also found that most take a year or more to check out the support group information given to them at discharge.

You’ve Got A FriendTh ere is nothing like having your story fall on compassionate and understanding ears. Sharing experiences and learning from each other make people feel accepted and validated. I have found that group members are often the ones who can suc-cessfully confront other members to move past an issue or accept a new challenge. It has been gratifying to see members get together outside of the group, talk on the telephone, or keep in touch via e-mail. Great friendships have been forged at many a group. As one of my support group members recently said, “I have friends here that I trust … the group lets me be heard.” It’s as simple as that.

Information, PleaseTh ere is no question that persons dealing with a brain injury often have diffi culty obtaining enough information. Th e acute and post-acute programs in Illinois do an excellent job of answering questions and providing patients and families with written materials. However, I have found that frequently patients and families are overwhelmed just trying to get through their rehab programs. Information may be forgotten or not fully absorbed. Most sup-port groups provide an excellent opportu-nity to share information, resources, and answer questions. Th ey are also a great way for the facilitators to keep track of members’ progress and health issues. Sup-port groups provide a refreshingly casual way for facilitators to help members con-nect with healthcare providers, therapies or community programs when ready.

brain injury brain injury brain injury brain injury brain injury brain injury brain injury brain injury updates

www. no l an - l aw. c om 9 www. no l an - l aw. c om 9

Life After Brain Injury Sharing the Journey Through Support Groups

brain injury brain injury brain injury brain injury Th e latest in brain injury information, provided by the Brain Injury Association of Illinois, is readily available at its offi ce and through many of the affi liated sup-port groups. We all need companions for our journey, but especially if we’re dealing with such life-altering issues that persons with brain injury deal with on a daily basis. Check out one of the Brain Injury Association of Illinois affi liated support groups today at www.biail.org or share the journey with a call to the Brain Injury Association of Illinois offi ce at 800-699- 6443. I also welcome your calls here at Nolan Law Group.

Ginny Lazzara was recently elected to the Board of Direc-tors of the Brain Injury Association of America, and elected Chair of the State Affi liate Assembly repre-senting all U.S.

affi liates of the Brain Injury Association of America. She is the Board Chair for the Brain Injury Association of Illinois and Chair of the Illinois Governor’s Advisory Council on Brain and Spinal Cord Injury. Ginny re-cently received the national State Leader-ship Award from the Brain Injury Association of America at their annual meeting in San Antonio and a certifi cation as a Brain Injury Specialist Trainer (CBIST) from The American Academy for the Certifi cation of Brain Injury Specialists (AACBIS). AACBIS is a Standing Committee of the Board of Directors of the Brain Injury Association of America.

brain injury updatesIs it a Brain Injury?In the absence of any obvious symptoms, one of the most challeng-ing aspects of litigating a traumatic brain injury case is proving that a brain injury actually occurred. Brain injury has often been referred to as the silent epidemic for just that reason. Many people frequently go undiagnosed for years before they ever realize that they have been permanently injured. At Nolan Law Group, our staff knows what to look for, what ques-tions to ask and what technology and expertise to use to answer the question, “Is it a brain injury?” For those who may have sus-tained a blow to the head as a result of a fall, sports injury, car accident, etc., the question is not so easily answered. Frequently, the question is not asked at all. It is often the case with mild traumatic brain injuries or concussions, diagnoses are missed because it is assumed that a brain injury must be accompanied by loss of consciousness and positive radio-logical fi ndings. Not so. Concern for other physical injuries requiring more immediate medical attention often takes precedence, taking the pos-sibility of a brain injury off the radar screen.

Questions to Be Considered Have you had a blow to the head recently? Many times one shrugs off a bump on the head or consid-ers a diagnosis of concussion rather minor. Concussion does not have the same impact as the words “brain injury.”

nurse’snurse’snurse’s corner

Do you at times feel that your memory is not quite what it should be? Are you forgetting little things that you easily remembered before? Do you have diffi culty sleeping? Do you experience headaches, visual problems, dizziness or fatigue? Is your ability to pay attention dimin-ished, or do you fi nd it diffi cult to complete tasks that you easily handled previously? Do you fi nd yourself getting angry over little things and unable to tolerate even minor frustrations? Is it hard for you to be in crowded places and follow conversations? These are just a few of the questions that may point to a hidden brain injury. Experiencing any of these symptoms can have a profound impact on one’s life. Mild traumatic brain injury affects relationships, family life and work. Recognizing the symptoms and acknowledging that they could be the result of a brain injury is half the battle. Seeking help from profession-als specializing in brain injury is an important step towards reclaiming your life. Please contact Nolan Law Group with any questions regarding brain injury or if you would like to discuss confi dentially any symptoms you may be experiencing. You may also visit our website at www.nolan-law.com or the Brain Injury Association of Illinois website at www.biail.org.

10 NO L AN L AW GROUP N EWSL E T T ER fall 2008

Nolan Law Group Forces $165 Million Dollar Settlement for Families of Air Philippines Flight 541 Crash

CASE FACTSOn April 19, 2000, at 5:21 a.m., Air Philippines Flight 541 left Manila with a planned destination to Davao City on Sa-mal Island. At approximately 07:03 a.m., the Boeing 737 slammed into a coconut plantation on Mt. Kalangan, Sitio Ca-manlangan in Barangay San Isidro, caught fi re and disintegrated. One hundred and thirty-one passengers and crew died in the accident, making it the largest loss of life from an airline crash in Philippine history. At the time of the accident, the aircraft was operated by Air Philippines under a lease agreement with AAR Aircraft & Engine Group (“AAR”) and Fleet Business Credit Corporation (“Fleet”). Th e plane, a Boeing 737- 200, was a 22-year-old refurbished aircraft which had previously been “put out to pasture” by Southwest Airlines. In August of 2000, Nolan Law Group fi led suit against two Chicago area companies—AAR Aircraft & Engine Group, Inc., and Fleet Business Credit Corporation. Ultimately, wrongful-death lawsuits individually fi led for families of 110 victims would end up in the Circuit Court of Cook County, Ill., with Donald J. Nolan acting as Lead Counsel for all plaintiff s. Nolan Law Group initially took the position that AAR and Fleet should never have leased the airplane to Air Philippines, a then under-funded and unsafe start-up airline. Nolan Law Group claimed that the defendants had negligently entrusted the airplane to a company that was not capable of operating the aircraft in a safe manner. It was later discovered that no one from AAR or Fleet had ever inspected

or audited the airline’s operations and maintenance or training procedures before leasing the aircraft. Nolan Law Group also exposed AAR’s and Fleet’s failure to equip the aircraft with up-to-date safety equipment. During discovery, it was revealed that the 737-200 had not been upgraded with an en-hanced ground proximity warning system (EGPWS). Instead, an outdated GPWS had been installed which was completely unsuitable for the topography of the Phil-ippine terrain. Th e newer system would have given pilots almost a half-minute warning compared to the four-second warning provided by the outdated GPWS. Nolan Law Group would go on to ar-gue that this particular aircraft would have been considered “unworthy” by FAA stan-dards. In the Air Philippine case, the fact that the plane was sub-standard appeared to be suffi cient motivation for an alleged cover-up by the insurer. Four months after the insurance claim was paid, workers from the insurance fi rms were alleged to have destroyed evidence. Counts of spolia-tion of evidence were subsequently added to the lawsuit. AAR and Fleet would try several times to have the cases transferred to the Philippines so that they would not have to answer to U.S. law. AAR claimed that Illinois was an inconvenient forum for the litigation and sought to have the cases transferred to the Philippines under the legal doctrine of Forum Non Conveniens. Nolan Law Group won a major victory on the appeal of the Forum Non Conveniens motion that resulted in the trial court decision denying the defendants’ request.

RESULTSOn November 26, 2007, Nolan Law Group reached a settlement with AAR and Fleet worth $165 million dollars on behalf of the surviving family members.

Th e amount is estimated to bring each family approximately $1.5 million dollars. One of the many lessons learned from this case is that a company leasing an aircraft has a duty to provide oversight to ensure that each airplane is adequately equipped, safely maintained, and operated by properly trained pilots. In the future, lessors and owners will need to learn that “oversight” does not mean “overlook.”

Nolan Law Group Reaches a $6.5 Million Dollar Settlement in Construction Site Injury Suit

CASE FACTSOn July 30, 2002, a worker, acting within the scope of his employment as a union laborer for Clayco Construction, Co., was struck in the head by a 12,340-pound trench box. Th e 24-foot trench box was being lifted with chains to reposition it during a sewer installation project. Th e trench box was rigged with two cross chains while it was being lifted. During discovery it was revealed that the standard instruction by the manufacturer for use of the trench box explicitly stated, “Always use a 4-legged sling to install and remove a shield.” Th e required safe method was not used at the time of the accident causing the trench box to abruptly drop and strike the worker near his shoulder and head, fracturing his neck, partially paralyzing his right arm and hand and leaving him permanently and totally disabled from construction work. Clayco’s vice president of Risk Man-agement admitted that the rigging used at the time of the occurrence was an unsafe work practice. Th e suit alleged that Clayco Contruc-tion failed to ensure that safe, suitable, and proper rigging was used during the

settlement surveysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur vey

settlement surveysettlement sur vey

settlement surveysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur veysettlement sur vey

without adequate fetal monitor tracings, despite an order for continuous electronic fetal monitoring. Unrecorded tracings for the twins ranged from poor quality to non-existent. At 12:32 a.m., an AROM (Artifi cial Rupture of Membranes) procedure was performed. Several failed attempts to insert a fetal scalp electrode resulted in blood and moderate to severe variable decelerations. Th e attending OB-Gyn was fi nally called at 1:03 a.m. He arrived at 1:24 a.m. and observed severe bradycardia and other evidence of anoxia. One of the twins was born severely anemic and acidotic. Her diagnosis was Hypoxic Ischemic Encephalopathy. She also developed a seizure disorder in addi-tion to other complications. Th e medical malpractice case arose from the negligent training and supervi-sion of the defendant physicians and nurses, as well as from the improper care provided during the labor. Th e defen-dants deviated from the standard of care expected from reasonably well-qualifi ed obstetricians and obstetrical nurses when they failed to perform a Cesarean Section at the time it was indicated and when it was medically necessary. Today, our client’s daughter is pro-foundly disabled. Th e disabilities she acquired as a result of her negligent care include seizures, blindness, deafness and an inability to walk, stand, sit, or speak. She requires constant care including developmental therapy, physical therapy, occupational therapy and speech therapy. She must have in-home nursing care, hourly assessments, daily bathing, and regular doctor visits to multiple specialists.

RESULTSIn October of 2007, after only three weeks of trial, Cook County Judge

Th omas Hogan approved a settlement of $6,250,000 for the benefi t of our client.

Multi-Million-Dollar Confi dential Settlement Earned for Victim of American Airlines Commuter Plane Crash

CASE FACTSNolan Law Group recently obtained a confi dential multi-million-dollar settle-ment for the family of a Michigan doctor killed in the October 19, 2004, crash of AmericanConnection Flight 5966. Th e wrongful death case was the last to settle of four cases handled by Nolan Law Group arising from this crash. Th e previously settled cases included claims on behalf of the families of an Ohio doctor and her assistant killed in the crash, and an injury claim for a Utah doctor who survived the crash. AmericanConnection Flight 5966 was a twin-engine turboprop operated by Corporate Airlines under a licensing agree-ment with American Airlines. Th e fl ight, which originated in St. Louis with a two-man crew, was carrying thirteen passengers comprised primarily of doctors en route to a medical conference at Kirksville College of Osteopathic Medicine. Th e fl ight struck trees on fi nal ap-proach and crashed in the woods near

continued on page 12

www. no l an - l aw. c om 11

movement of the trench box and failed to enforce other safety measures required on this project. Nolan Law Group also set out to prove that the defendant retained and exercised control over safety and maintained supervisory responsibility for all activities on the jobsite where the Cec-chin Plumbing employee was injured.

RESULTSIn February of 2008, Nolan Law Group entered into mediation with the defen-dants. A settlement of $6,500,000 was ultimately reached for the benefi t of the victim and his family.

Nolan Law Group Obtains $6.25 Million Dollars for Client in Medical Malpractice Suit

CASE FACTSIn January of 2002, our client was preg-nant with twins and receiving regular pre-natal care from her obstetrician. Ap-proximately 30 weeks into the pregnancy, our client and her doctor agreed that the twins would be delivered via a scheduled C-Section. All consent forms were signed and a written order for a Cesarean Section was prepared by her doctor. Th e proce-dure was scheduled with Christ Hospital for January 16, 2002. On January 15, 2002, our client went into labor, and was admitted to the Obstetric Department of Christ Hospital expecting to proceed with the plan of a C-Section. Contrary to the existing order and the repeated request of our client, the attending physician ordered a vaginal delivery. Additionally, her obstetrician was never contacted and she was assigned to two inexperienced nurses. Complications with the delivery began to arise almost immediately. During labor there were almost two continuous hours

settlement sur veysettlement sur veysettlement sur vey

12 NO L AN L AW GROUP N EWSL E T T ER fall 2008

Borth and Routh Join Nolan Law Group as Partners

These two top trial lawyers are a welcome addition to Nolan Law Group. Their presence marks a milestone in the fi rm’s history and further enhances our highly-respected trial team. Since joining the fi rm, they have been instrumental in settling several cases with a collective value in excess of $14 million dollars. They have already proven themselves to be of great value to the fi rm and to the clients they serve. We are delighted that Paul and Tom have chosen to practice law with us.

Paul R. Borth

Paul Borth has been affi liated with Nolan Law Group in various capacities since 1989. Paul brings a tremendous amount of skill, along with tactical and strategic litiga-tion experience. Paul has practiced exclusively in the areas of medical malpractice, product liability, aircraft disaster, wrongful death and personal catastrophic injury. During his career, Paul has tried numerous cases which resulted in multi-million-dollar verdicts and has negotiated countless settlements over one million dollars. Paul has a competi-tive nature and thrives on complex and diffi cult litigation. He also believes in a healthy balance between professional and personal life. When not practicing law, he can be found coaching youth hockey and baseball and playing hockey in local adult hockey leagues.

Thomas P. Routh

Tom Routh began his relationship with Nolan Law Group in 1991 while working his way through law school. Throughout his career, Tom has practiced in the areas of personal injury and wrongful death litigation. Tom specializes in litigating cases involving aviation disasters and matters involving catastrophic injuries resulting from product liability, construction, transporta-tion and medical negligence. Tom is actively involved with the Brain Injury Association of Illinois and the Brain Injury Association of America. He has successfully represented numerous brain injury survivors and obtained multi-million-dollar verdicts and settlements in cases involving mild, moderate and severe closed-head injuries.

employee employee profilesprofilesemployee profilesemployee

employee profi les

settlement survey, continued from page 11

Kirksville Regional Airport, fatally injur-ing 11 of the 13 passengers. At the time of the crash, the crew was attempting a non-precision approach into the Kirksville Regional Airport. According to the NTSB accident report, the plane crashed without any indication of a problem. Th e wrongful death lawsuit, fi led in United States District Court for the East-ern District of Missouri, sought compen-satory and punitive damages and named both American Airlines and its regional partner, Corporate Airlines, Inc., as defen-dants. Th e suit focused on issues of pilot fatigue, improper training, and the lack of an updated terrain avoidance warning system (TAWS) on the aircraft.

RESULTSA confi dential multi-million-dollar settle-ment was reached shortly before a jury trial was scheduled to begin in St. Louis before U.S. District Court Judge Jean C. Hamilton.

For more information about the four cases in “Settlement Survey,” contact � omas J. Ellis at (312) 630-4000 or tje@nolan-law.com.

www. n o l a n - l aw. c om 13

INJURED? CALL YOUR ATTORNEY ASAPBy Mike Sullivan

A mistake which injured workers often make is not retaining attorney represen-

tation immediately following an accident. Injured workers frequently allow the

employer and/or the workers’ compensation insurance adjuster to dictate medical

treatment and whether or not he or she should continue working.

know your rights

employee profiles

Nolan Law Group has been representing

injured employees and their families

for more than 30 years. The firm has

worked with numerous doctors and

medical professionals who have treated

a wide variety of work-related injuries.

Our primary concern is that injured

workers receive the best medical treat-

ment available.

If an individual is unable to work due

to an injury, we work directly with the

employer’s workers’ compensation

insurance company to ensure that the

individual receives his/her weekly TTD

benefits and all other benefits to which

the individual is entitled under the

Illinois Workers’ Compensation Act. We

make sure that the employer and its

insurance carrier fulfill their obligations

under the law.

Another important reason to retain

counsel as soon as possible after an

injury is that the cause of the injury

may have been due to the negligence

of a third-party other than the employ-

er. The injured worker may be entitled

to receive payment for his/her injuries

from this third party.

Retaining counsel shortly after an injury

also allows an attorney to have inves-

tigators speak with witnesses, obtain

photographs of the scene, and make

initial court filings which ensure the

preservation of evidence.

We have seen cases suffer when an

injured worker waited for months to re-

tain an attorney or until he or she was

having problems obtaining benefits.

Clients who retain our services immedi-

ately after an injury increase the likeli-

hood of solidifying liability against a

third-party as well as receiving the full

measure of benefits from the employer.

Nolan Law Group has experienced at-

torneys and dedicated support staff

available to meet the needs of indi-

viduals injured on the job. Consulta-

tions are free-of-charge and we want

to hear your story. We will ensure that

each case is guided through the legal

process as smoothly as possible and

that all options and benefits are fully

explored.

that Th e Boeing Company breached its duty of care to the plaintiff , citing multi-ple instances of negligence in the com-plaint. Also in the complaint is a petition for discovery, directed to Kalitta Air, the crew’s employer who is in possession or control of evidence crucial to the ongo-ing litigation. Kalitta Air’s involvement in another engine failure incident on August 28th involving a Boeing 747 led Nolan Law Group to believe that Kalitta Air may also have information essential to the determination of who should be named as

additional defendants in the action. Since the initial complaint, Nolan Law Group has also fi led a motion to preserve evidence related to both the July 7th crash and the August 28th incident. On Septem-ber 8, 2008, Judge Th omas Quinn granted the petition and signed a protective order compelling Kalitta Air to preserve all evi-dence pertaining to both mishaps, includ-ing documents, wreckage and engines.

Nolan Law Group Secures Emergency Protective Order: Evidence Preserved in Boeing 747 Cargo Crash Suit

Nolan Law Group reminded the

court that in product liability

cases, the accident site is less

important when determining

a particular forum and that all

documents relating to design

and manufacture of the aircraft

and engines would undoubtedly

be in the U.S.

14 NO L AN L AW GROUP N EWSL E T T ER fall 2008

On September 3, 2008, Nolan Law Group fi led a lawsuit against Th e Boeing Compa-ny on behalf of a client who suff ered severe injuries as a result of a cargo plane crash near Bogota, Columbia. Th e Boeing 747, which was bound for Miami, experienced multiple engine failures and crashed into a house injuring all eight crew members and killing two of the home’s residents. Nolan Law Group currently represents two of the eight injured crew members. Th e complaint, which was fi led in the Circuit Court of Cook County, asserts

news

Nolan Law Group Succeeds: Motion to Dismiss Denied on TANS Peru Commuter Plane Crash Cases

Pratt & Whitney Aircraft Engines. Defendants’ main arguments for dismissing the cases were that the crash occurred in Peru and the majority of the passengers were Peruvian citizens and, therefore the cases should be heard in Peruvian courts. Th ey also argued that Illi-nois courts could not compel the produc-tion of Peruvian witnesses, documents, or records. Nolan Law Group reminded the court that in product liability cases, the accident site is less important when determining a particular forum and that all documents relating to design and manufacture of the aircraft and engines would undoubtedly be in the U.S. since Boeing and United Technologies Corporation are both United States corporations. After carefully consid-ering written and oral arguments by both plaintiff s and defendants, Judge Maddux ultimately determined that the balance of private and public interests did not favor

dismissal and the cases would stay in Cook County, Illinois.

Nolan Law Group achieved a signifi cant victory on Friday, September 5, 2008, when Judge William D. Maddux denied defendants’, Th e Boeing Company and United Technologies Corporation, motion to dismiss on the basis of Forum Non- Conveniens. Nolan Law Group currently represents several clients who have fi led wrongful death and survival actions against Boeing and United Technologies Corporation stemming from an August 23, 2005 crash in which a Boeing 737-200 operated by Transportes Aereos Nacional de Selva (TANS) crashed in the jungle about 5.5 km south of Pucallpa Airport. Th e aircraft was carrying 98 passengers - 40 were killed and many were seriously injured. Th e lawsuits were fi led in the Circuit Court of Cook County, Illinois, each citing numerous counts of negligence and products liability against Boeing and United Technologies, who does business as

in the news

Th e blood thinner Heparin continues to make headlines as more people are found to have suff ered serious injuries and/or death after using the contaminated drug. Groups aff ected in-clude residents of Kentucky, Iowa and Virginia. Th e most recent lawsuit names Scientifi c Protein Labo-ratories L.L.C., the company which manufactures the active pharmaceutical ingredient API in Heparin, as well as certain corporate offi cers of Baxter International and its wholly-owned subsidiary, Baxter Healthcare Corporation, citing four causes of action against Baxter and Scientifi c Protein Labs including Products Liability, Negligence, Breach of Warranties and Willful and Wanton Misconduct. Baxter’s Heparin has been implicated in more than 400 life-threatening incidents and may be respon-sible for as many as 81 deaths. On April 1, 2008, Nolan Law Group fi led a lawsuit on behalf of a Davenport, Iowa resident, Mark Scott, who suff ered the tragic loss of his wife, Melissa Scott. Th e complaint alleges that the untimely death was caused by exposure to Heparin Sodium Injection Th erapy. Th e complaint cites two counts of product liability and negligence on the part of Baxter Interna-tional. Th e husband has been appointed special administrator of his wife’s estate and, as such, is seeking personal and pecuniary damages from Baxter International Inc. for the loss of his wife in a sum in excess of the minimal jurisdictional limits of the Cook County Circuit Court. Nolan Law Group has also fi led lawsuits against the phar-maceutical giant on behalf of a Louisville, Kentucky resi-dent, Artemus Banks, and in a separate suit on behalf of a Coeburn,Virginia resident, Angela Lawson-Greear. Th e lawsuit asserts that Baxter International and its wholly-owned subsidiary, Baxter Healthcare Corporation, manufac-tured the drug with a contaminated API and that Baxter failed to recall the defective drug in a timely fashion. Th e suit cites four causes of action against Baxter and Scientifi c Protein Labs including Products Liability, Negligence, Breach of Warranties and Willful and Wanton Misconduct. Th omas Lawson was receiving home dialysis for a medi-cal condition and was prescribed Baxter Heparin as part of his Heparin Sodium Injection Th erapy. Mr. Lawson used the prod-uct as prescribed and ultimately died as a result of his contami-nated Heparin use. Th e Lawson-Greear complaint alleges that

Th omas Lawson’s untimely death was caused by his exposure to contaminated Heparin. Th e complaint cites multiple counts of Products Liability, Negligence, Breach of Warranties and Willful and Wanton Misconduct on the part of Baxter International and Baxter Healthcare Corporation. Like Lawson, Artemus Banks used the product as prescribed but began experiencing numerous physical symptoms, such as wheezing, shortness of breath, coughing, dizziness, increased per-spiration and sudden weakness. Today, Banks continues to suff er as a result of his Heparin use and is seeking judgment against all defendants for compensatory and punitive damages arising from the personal injuries that he suff ered. Th ese lawsuits fall on the heels of recent fi ndings by the Food and Drug Administration (FDA) identifying an unknown con-taminant found in the Baxter Heparin. In early April of 2008, researchers confi rmed the FDA’s suspicion that the contami-nant found in the Heparin is Oversulfated Chondroitin Sulfate (OSCS), a derivative of a popular supplement used to relieve arthritis, and a chemical which does not occur naturally during Heparin production. Raw Heparin is derived from pig intestines and is often processed by small, unregistered “mom-and-pop” workshops in China. Th e key to establishing causation in these cases, despite all of the issues with unsanitary conditions, etc., will be Baxter’s failure to perform a chemical test on the Heparin which would have been sensitive enough to identify the diff erence between Heparin and OSCS. Th e House Oversight and Investigations Subcommittee held a hearing on April 15th of this year regarding the distribution of contaminated Heparin. China’s Ministry of Commerce is now requiring local Heparin makers to increase testing of raw materi-als, improve post-sale tracking and ensure that their raw mate-rial comes from registered suppliers. Th is requirement follows U.S. Congressional inquiries into the FDA’s overseas inspection process. Th ese cases were remanded back to State Court. Nolan Law Group has fi led 23 wrongful death claims and eight personal injury claims against Baxter to date, with more expected to be fi led soon.

Nolan Law Group Files Suit Against Chicago Pharmaceutical Giant

www. n o l a n - l aw. c om 15

How Results of Upcoming Presidential Election Will Impact Tort ReformTort reform is a movement to limit the damages awarded in tort litigation and to limit the magnitude of tort litigation as a whole. Major areas of contention include proposed limits on punitive damages, economic damages such as lost wages and medical expenses, and non-economic damages such as pain and suffering, loss of companionship and consortium, and eliminating pre-judgment interest awards.

A prominent area of debate in the upcoming presidential election is the award of high compensation in medical malpractice cases. Advocates of reform argue that large damages result in a fl ood of litigation, the costs of which are passed through to health care consumers by way of increased insurance premiums and unnecessary testing performed to limit the chances of liability. Opponents argue that sizeable damage awards encourage safer medical practices and malpractice litigation uncovers information that can be used to support the creation of new laws or regulations. Most importantly, opponents assert that what some consider excessive damages are viewed by the recipient as only a small reparation for his/her actual loss.

Republican candidate John McCain is straightforward in his tort reform plans. On his offi cial website, he says that there are “endless, frivolous lawsuits” involving medical malpractice, and advocates to “pass medical liability reform that eliminates lawsuits directed at doctors who follow clinical guidelines and adhere to safety protocols.”

Democratic candidate Barack Obama’s campaign focuses on universal health-care more so than tort reform, but his stance on reform as a senator may be indicative of his behavior as president. As a senator, he co-sponsored the Na-tional Medical Error Disclosure and Compensation Act of 2005, under which a patient injured by medical error must negotiate compensation with the medical provider within six months. Swift compensation may tempt patients to accept far less than they need or are entitled to and the confi dential nature of the ne-gotiations may jeopardize the interests of future patients harmed by the same medical professional. However, one year later in 2006, Obama co-authored an article in the New England Journal of Medicine, entitled “Making Patient Safety the Centerpiece of Medical Liability Reform” wherein he stressed that patient safety takes precedence over caps on damages or other hotly contested issues. He stated: “Capping malpractice payments may ameliorate rising premium rates, but it would do nothing to prevent unsafe practices or ensure the provi-sion of fair compensation to patients.”

Over the next week, as Election Day draws near, tort reform and its relationship to health care reform will undoubtedly be an important issue to watch.

legislative updatelegislative update

Nolan Law Group Obtains Agreement for Illinois State Court Jurisdiction in Death and Injury Lawsuits Stemming from Contaminated Heparin

Th e Circuit Court of Cook County in Chicago, Illinois will now be hearing the wrongful death and personal injury claims arising from exposure to the contaminated drug, Heparin, pursuant to a stipulation and order obtained by Nolan Law Group on behalf of its many clients. In March of 2008, Nolan Law Group fi led the fi rst wrongful death lawsuit in the Circuit Court of Cook County against Deerfi eld, Illinois-based pharmaceutical manufacturer, Baxter International Inc., on behalf of Mark Scott of Davenport, Iowa. Another suit was fi led in May 2008 for a similar complaint arising from the death of Virginia resident, Th omas Law-son. Both lawsuits were removed by Baxter to the U.S. District Court on its claim that the lawsuits raised questions of federal law.For a time it seemed that the Greear and Scott cases would be heard in fed-eral court. However, Nolan Law Group, through its attorneys Donald J. Nolan and Paul R. Borth, were able to obtain an agreement from Baxter to send the cases back to state court before a ruling on the motions by the federal judge who is han-dling the Heparin Multi-district Litigation in Toledo, Ohio. In February 2008, Baxter International Inc. initiated a voluntary recall of its Hep-arin Sodium Injection products after re-ceiving several reports of adverse reactions in patients. Initial investigations by the

16 NO L AN L AW GROUP N EWSL E T T ER fall 2008

in the news

www. n o l a n - l aw. c om 17

FDA revealed several issues with Baxter’s testing procedures and supply chain. The FDA’s preliminary report concluded that Baxter’s Heparin had been contaminated with Oversulfated Chondroitin Sulfate (OSCS). Since the recall, about 35 lawsuits have been filed by attorneys around the country in various state and federal courts. It is estimated that hundreds more Heparin lawsuits will make their way into the ju-dicial system by the end of this year. In an attempt to bring all of the Baxter Heparin lawsuits together into a single jurisdiction, the federal Judicial Panel on Multi-district Litigation ordered all product liability law-suits nationwide dealing with a contami-nated blood thinner to be consolidated and transferred to U.S. Northern District Court in Toledo, Ohio. Nolan Law Group attorney Paul R. Borth, working closely with Baxter International’s defense team, negotiated the conditions and details of a stipulation allowing Nolan Law Group to bring the lawsuits back to Cook County for pre-trial discovery and trial. Baxter International Inc. also agreed not to seek removal to fed-eral court of any future Heparin product liability actions filed by Nolan Law Group in Cook County Circuit Court. The move allows Nolan Law Group to proceed with its cases in the court of their choice while providing for efficient co-ordination of proceedings with the Federal Multi-district Litigation.

firm talk

New Arrivals We’re tickled pink and glad to say congratulations to Agata Kawula and her husband Marcin who welcomed a beautiful baby girl, Maya Claudia Kawula on March 21, 2008 at 6:22 p.m., weighing 7 lbs 3 oz.

A wiggly, giggly bundle of fun, Jeanne Warp has a new grandson! Nolan Law Group travel coordinator, Jeanne Warp welcomed grandson Bjorn Christian Warp born on July 15, 2008 at 10:13 a.m. weighing 8 lbs 0 oz. He joins proud sister Emily.

Nolan Law Group welcomed summer interns Jim Murphy, Katelyn Nolan, Danny Nolan, and Jack Villeau (not pictured). Thank you all for your help this summer.

Fashion ShowNolan Law Group was a proud spon-sor of the Brain Injury Association of Illinois 2008 Fashion Show, “The Times of Your Life” hosted by NBC-5 meteo-rologist, Ginger Zee. Pictured on the runway are NLG nurse consultant, Val-erie Romo, with her daughter, Isabella.

firm talk

Boxing Champ Nolan Law Group client Patricio Pinol and his brother, Philippines Governor Pinol, attended a rally for Filipino WBC Lightweight Boxing Champion, Manny Pacquiao. The rally, held at Federal Plaza in Chicago, was scheduled before Pacquiao’s fight against David Diaz on June 28, 2008, at Mandalay Bay Resort and Casino in Las Vegas. Pacquiao is the first Filipino and Asian boxer to win four world titles in different weight divi-sions. He is the former world champion in the IBF Super Bantamweight and WBC Flyweight division, and currently holds the WBC Lightweight and Super Featherweight titles.

18 NO L AN L AW GROUP N EWSL E T T ER fall 2008

Don Nolan and his group prepare to tee-off at the Brain Injury Association of Illinois annual golf outing.

From left to right - Corrine Brayman, Valerie Romo, Manny Pacquiao, Governor Pinol and his family, Welson Chu and Patricio Pinol.

Jennifer Parker, Valerie Romo, Cesar Romo and Stan Res.

www. n o l a n - l aw. c om 19

Nolan Law Group Hosts Brain Injury Association of America MeetingNolan Law Group recently hosted the Brain Injury Association of America Board of Directors and Strategic Plan-ning meeting at their office in Chicago. In addition to the Board of Directors, this meeting brought in leaders in the brain injury community from across the United States. Ginny Lazzara, NLG nurse consultant and national board member, serves as State Assembly Chair for the Brain Injury Association of America. Pictured with Don Nolan from the left are Joe Richert, BIAA Board Chair, and Susan Conners, President/CEO of BIAA.

Barnett Speaks at Annual EAA AirVenture Convention and Fly-InThis Summer, Nolan Law Group associate and Commercial Airline pilot, Charles R. Barnett, spoke at the annual EAA AirVenture Convention and Fly-In, hosted at Wittman Regional Airport in Oshkosh, Wisconsin. The convention serves as a social gathering for aviation enthusiasts from all over the United States and features a daily aerobatics show, flea markets, vintage/homebuilt/experimental aircraft displays, with more than 800 commercial exhibitors showing off the newest aviation tech-nology. Chuck had the opportunity to address members of the EAA and gave

Brain Injury Association of Illinois Summer CampPictured above are Nolan Law Group’s Ginny Lazzara and Philicia Deckard, Executive Director of the Brain Injury Association of Illinois, with Steve Love, one of the campers from BIAIL’s sum-mer camp program. Each year BIAIL hosts “Wilderness Endeavor” for adults and “Camp FunZone” for children. Gin-ny has co-ordinated the camp program for BIAIL for the past 18 years. These camp programs are the only camps in Illinois specifically for persons with a brain injury. For more information on resources for brain injury and the camp programs, please contact Ginny at gml@nolan-law.com.

Nolan Law Group participated as the platinum sponsor of the Brain Injury Association of Illinois’ 14th Annual Golf Outing and Awards Dinner at Highland Park Country Club on June 19, 2008. Proceeds from this event support the programs and services provided by BIAIL, including the sum-mer camp and prevention programs. Congratulations to Nolan Law Group attorney Jennifer Parker who won the “nearest to the pin” trophy.

Brain Injury Association of Illinois’ Annual Golf Outing & Awards Dinner

Race Judicata Sprint for JusticeTeam Nolan Law Group participated in the 15th annual Race Judicata Sprint for Justice on August 14, 2008. The 5K Run/Walk benefits Chicago Volunteer Legal Services Foundation in its mission to ensure that the law works for everyone.

an informative presentation outlining elements and strategies for success-ful private aviation accident litigation. The air-show ran from July 27 through August 2, 2008, with approximately 200,000 attendees, making it the largest civilian air-show in the United States.

Platinum SponsorNolan Law Group participated as the platinum sponsor of the Asian American Bar Association of the Greater Chicago Area’s 21st Annual Reception Installation at the Trump International Hotel and Tower on July 24, 2008.

20 n. clark st., 30th floorchicago, il 60602

pre-sortedstandard mailu.s. postage

paidchicago, il

permit no. 5647

ADVERTISING MATERIAL Nolan Law Group has prepared this newsletter for its many clients, friends and colleagues around the world. The material we have included is not intended to be legal advice or a solicitation nor should it be considered an offer to represent in any legal matter. Readers should always seek legal advice from competent attorneys. In ac-cordance with professional, ethical rules, the contents of this newsletter must be considered advertising or promotional materials. Please note that settlement and verdict amounts will vary depending on the facts of the case and so Nolan Law Group makes no representation or promise that it can obtain the same results as reported in this newsletter. Nolan Law Group is licensed to practice law in Illinois and we do not intend to represent anyone in a state where this newsletter may be found not to comply with the professional ethical rules of that state. In preparing this newsletter, we have made a good faith effort to comply with all laws and ethical rules of every sate to which it may be sent. In the event that this material has been sent to you in error or you do not wish to receive this newsletter in the future, please contact us.

Nolan Law Group’s Website Recently Received a Facelift It is easier than ever to learn how Nolan Law Group can help you or a loved one after an accident or serious personal injury.

Visit www.nolan-law.com to obtain valuable information about current litigation, recent settlements, verdicts and other important issues impacting the legal landscape.

You can also receive a case evaluation at no cost or obligation. Just complete one of the convenient client response forms and Nolan Law Group will promptly assess your potential case.

www.nolan-law.com