February 26, 2010

Fatal Chicago Bus Accident Reaches Settlement in Wrongful Death Case

While crossing a Chicago west side intersection with her sister, an 18-year-old woman was struck by a bus. The woman’s estate filed suit against the bus driver and the private bus company for the wrongful death of the decedent.

Bus%202.jpgIn any wrongful death case certain criteria must be met. Negligence must be established on behalf of the defendant and the death must be determined to be the result of the defendant’s actions. Furthermore, if the decedent left behind dependents and the dependents suffered monetary damages as a result of the death, then a wrongful death case may be filed.

In Illinois, and in many other states, a pedestrian in the crosswalk always has the right of way. This means that drivers must always stop for pedestrians in crosswalks, even if the light is red and the pedestrian is walking against the light. Therefore, it is important that the driver of any vehicle exercise due care while crossing an intersection and be cautious and mindful of any pedestrians attempting to cross the street.

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February 24, 2010

Illinois Chemical Accident at Construction Site Leads to Worker's Death: Illinois Jury Finds For Worker's Estate

Illinois construction companies have an obligation to provide a safe work environment for their employees and do what they can to avoid Illinois construction site accidents. Because of this duty on the part of construction companies, Illinois construction workers can generally assume that the equipment and materials at a construction site are safe and hazard-free.

Hard%20Hat%203.jpgHowever, sometimes this is not the reality, in which case an Illinois construction site injury can result from the failure of a construction company to provide a safe and healthy work environment. Consider the case of Diaz v. Archer Daniels Midland Company, 07 L 142 (Ill., Macon County), in which a 26 year-old construction worker was fatally injured as a result of an Illinois construction site accident.

At the time of his Illinois construction site injury, Francisco Garcia was working for a contractor who had been hired to perform work at the Archer Daniels Midland (ADM) Bioproducts plant. Garcia was busy insulating pipes 15 feet in the air while harnessed to a scissors lift. While Garcia was working, a nearby waste compression system over-pressurized, spraying him with scalding steam, toxic chemicals and boiling water.

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January 11, 2010

Excess Radiation Treatment Results in Chicago Medical Settlement in Cancer Patient's Death

Oftentimes cancer medical negligence cases in Illinois hinge on a failure to diagnose cancer in a timely manner. However, a recent Chicago wrongful death settlement deals with a different type of medical negligence surrounding a cancer patient's treatment. In this case a woman with endometrial cancer died as a result of a perforated bowel, which her estate claimed was the result of her receiving 50 percent more radiation than was necessary.

Radiation%201.jpgDecedent Patricia Quirk was diagnosed with stage three endometrial cancer and received all of her radiation treatments at Chicago's Little Company of Mary Hospital. While the first third of her radiation treatments were appropriate, it was the last two-thirds of her radiation treatment that resulted in the Chicago hospital's medical negligence. In essence, the decedent was 'over-radiated', receiving two times as much radiation at each treatment than was necessary and safe.

Even radiation given in appropriate amounts comes with some negative side effects, including nausea, fatigue/malaise, and hair loss. Yet when given in overwhelmingly large amounts, radiation can have disastrous effects on one's body, as the decedent's case unfortunately illustrates. The large doses of radiation eventually caused decedent's bowel to perforate, or tear, which resulted in a blood infection and her eventual death.

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November 25, 2009

Illinois Wrongful Death Case Brought by Family of Man Who Died of a Brain Injury When Brain Bleed Not Recognized

Bleeding seems like a simple enough problem to correct. We've all had a cut or scrape that has resulted in some sort of bleed and we all know the proper way to stop the bleeding: apply pressure and elevate the area. However, when bleeding is internal it is a completely different matter and can result in severe medical complications or death.

Med%20Image%201.gifThis concept is illustrated by a recent Illinois wrongful death settlement where a hospital's failure to recognize a brain bleed in a timely manner resulted in this man's death. The decedent had presented to Advocate Lutheran General Hospital and was admitted to the hospital's surgical intensive care unit for neurological observation after he sustained a brain injury as a result of hitting his head in a fall. Upon his admission a CT scan showed a small hemorrhage in his brain, which is basically another way of saying he there was a small bleed in his brain.

The plaintiff’s family alleged that the healthcare providers were medically negligent in their failure to recognize the importance of subsequent signs that indicated that this brain bleed had progressed. Further, they alleged that the doctors should have known and acted on those signs in time to prevent permanent damage and death by ordering an operation that would have relieved the increased pressure in the decedent's brain.

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November 18, 2009

Cook County Trucking Accident Results in Wrongful Death Claim

A recent Cook County trucking accident settlement raises some interesting question about driver responsibility. The Cook County wrongful death lawsuit was brought by the family of a 47 year-old Illinois auto worker who was killed in a collision with a truck.

Trucks%203.jpgThe surviving truck driver was not fluent in English and admittedly could not read English. The truck driver therefore was unable to read highway signs warning drivers that an accident had occurred up ahead and advising them to slow down. The truck driver did not slow down and crashed into the rear end of the decedent's pick-up truck, which was then propelled forwarded and pinned against the median wall. The decedent was trapped in the vehicle as it ignited in flames.

The decedent's estate claimed that the truck driver was an employee of Ford Air, Inc. and that the company knew or should have know that the driver could not speak or read English. Federal law requires truck drivers to have enough knowledge of English to be able to converse with a police officer. The idea is that in the event of an accident those with commercial driving licenses should be able to provide details about the chain of events. The truck driver in this case clearly did not meet this federal standard, which the estate claimed contributed to the Cook County trucking accident.

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October 26, 2009

Illinois Car Crash Death Case Settled: Chain Restaurant Held Liable

A recently settled Illinois wrongful death case presented a unique theory of liability that targeted the owner of a restaurant more so than the driver who caused the Illinois car accident.

Subway%20Restaurant%201.jpgThe decedent was tragically killed when an 85 year-old man mistakenly accelerated instead of braking, crashing his Chrysler Sebring into a Subway sandwich shop at a busy Chicago intersection. The decedent was killed when the driver's vehicle slammed into the store and pinned the patron between the car and the restaurant counter.

The decedent's estate relied on the Illinois Supreme Court case of Marshall v. Burger King Corp., 222 Ill.2d 422 (2006), in which the Illinois Supreme Court overturned a “no-duty” ruling of the trial court and determined that business owners had the duty to protect patrons from out-of-control vehicles crashing through their walls. Targeting the owner of the premises, in this case Subway, set the current case apart from many other theories of liability. The estate alleged that Subway's negligence in preventing the Illinois car accident was foreseeable because of the poorly designed parking lot and the lack of protective barriers between the lot and the front of the restaurant.

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October 2, 2009

Cook County Medical Malpractice Settlement Reached For Misread Of Abnormal EKGs

A recent Illinois settlement in a Cook County medical malpractice claim sought to compensate the family of a 53 year-old man who died during a heart transplant surgery. The issue in the Illinois wrongful death case was whether the man would have even required the surgery if his internist had correctly interpreted test results from several years preceding his death.

EKG%20a%201.jpgThe decedent had undergone regular annual exams with his internist, which each year included an electrocardiogram (EKG) that was performed by the internist. EKGs are typically used to analyze a patient's heart rhythm and identify any abnormalities. The internist interpreted all of the decedent's EKGs from 1998 to 2002 to be normal.

However, in November 2002, the man suffered a massive heart attack, which resulted in extensive heart damage. At that point a triple bypass surgery was performed and a pacemaker was placed. However, from this point forward the man was unable to continue his previously-active lifestyle due to his congestive heart failure. Nor was he able to return to his job as a baggage handler because it was too demanding considering his present condition.

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September 25, 2009

Illinois Wrongful Death Case Settled: Physician To Pay $1.2 Million To Surviving Family Members Of A Man With A History of Sleep Apnea

An Illinois resident suffered respiratory failure after being prescribed a narcotic pain reliever following a minor motorcycle accident. The pain reliever also happened to be a respiratory suppressor, which, when coupled with his pre-existing history of sleep apnea, led to his untimely death as a result of the Illinois physician's medical negligence.

Prescription%20Bottle%202.jpgSleep apnea is a chronic disease that involves pauses in breathing while sleeping. The pauses can range anywhere from a few seconds to several minutes and can occur anywhere from five to fifty times in an hour. The decedent's sleep apnea put him at increased risk for respiratory complications.

During the decedent's hospital stay at Edward Hospital in Naperville, the defendant doctor allegedly prescribed the patient a dose of the narcotic pain reliever that exceeded the therapeutic levels in light of his pre-existing sleep apnea. This Illinois medication error directly affected his ability to breathe and led to his wrongful death on the fifth day of his hospitalization as a result of the medical malpractice.

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September 8, 2009

Gastric Bypass Surgery Complications Lead to Death of Illinois Woman: Family Receives Cook County Settlement

The family of a 39 year-old woman brought an Illinois wrongful death lawsuit against MacNeal Hospital and other medical professionals. The decedent had allegedly died as a result of medical negligence related to her gastric bypass surgery. A settlement of $3 million was reached between the decedent's surviving sister and the hospital, nurses and resident physicians.

Doctor%20with%20hand%203.jpgIn the complaint, the decedent's estate claimed that the medical providers had failed to recognize a leak at the surgical site in a timely manner, and that this failure constituted Illinois medical malpractice. Following the gastric bypass surgery, decedent developed a leak in the area that the small intestine had been sewn up. Before the leak was identified the Illinois resident developed sepsis.

The leak was not recognized until the decedent returned to the emergency room with signs and symptoms of sepsis. These symptoms could include rapid respiratory rate, elevated blood pressure, and elevated temperatures. She was taken to emergency exploratory surgery, where the leak was discovered and repaired. Yet by this time her situation had become grave. She died the next day from peritonitis and multi-system organ failure.

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September 2, 2009

Illinois Metra Train Accident Results in $5 Million Verdict to Widow of Legally Blind Man

An Illinois wrongful death case was recently tried and found in favor of the decedent's widow, who was awarded $5 million by the Cook County jury. The verdict was against Metra and found the Chicago-based railroad liable for the Illinois train accident that caused the decedent's death.

Train%20platform%201.jpgOn the day of the Illinois train accident, the decedent was standing on a train platform at a Berwyn, Illinois train station and waiting for a train to take him to work. He was waiting in the same place he waited every morning, on the northeast corner of the platform. However, on that day the commuter train that normally arrived on the south platform had been re-routed to the station's north platform due to the approach of an unscheduled freight train, which required the waiting commuters to move to a different track.

A ticketing agent informed those commuters waiting on the south platform of the change in tracks and suggested they cross the train tracks while the gates were down. An announcement was also made over the public address system, however, the north platform that the decedent was standing on was not equipped with speakers. Therefore, what the blind decedent heard was an unclear, muffled message to which he responded to by crossing the tracks.

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August 26, 2009

Illinois Wrongful Death Case Results from Chicago Hospital's Negligence

In many Illinois medical malpractice cases time is of the essence and can make the difference between a positive or a negative outcome. A recent Chicago wrongful death case typifies this point. The case was brought against a suburban Chicago hospital for the death of a 22 year-old woman who developed sepsis and acute respiratory distress syndrome.

Hospital%20Gurney%202.jpgThe Chicago lawsuit claimed that the hospital's nursing staff discharged the patient despite her continued symptoms of nausea, severe abdominal pain, and faintness following surgery to treat her endometriosis. The woman returned to the hospital within less than 24 hours after her discharge, this time with complaints of extreme pain. She was prescribed an antibiotic, but it was not actually administered to her until 8 hours after it was ordered. Furthermore, the cause of her severe pain was not discovered for over 18 hours after she returned to the emergency room, depleting even more crucial hours in this woman's care.

During exploratory surgery it was discovered that she had suffered a perforation in her small bowel, presumably during her recent surgery to treat her endometriosis. Even though surgeons were able to repair the perforated bowel, by this time it was too late. The patient's condition worsened and she was dead by the following day.

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August 14, 2009

Illinois Motorcycle Accident Results in Factory Worker's Death

In 2007, an Illinois factory worker was driving a motorcycle when an SUV turned in front of him, killing him instantly in the collision that followed. The decedent's family brought an Illinois wrongful death lawsuit against the college student who was driving the SUV and received a settlement of $3 million.

MotorcycleA%201.jpgMany drivers forget that automobiles and motorcycles function very differently and each have their own strengths and weaknesses. While a motorcycle is quick and easy to maneuver through traffic, it is also difficult to see. Whereas while it is hard to avoid seeing an SUV, it does have the disadvantage of being difficult to maneuver.

Prior to the settlement in this Illinois motorcycle accident case, the defense attorneys argued that the motorcyclist was at fault for not keeping a proper lookout of the SUV's activity. But the obvious retort to this is that the SUV did not keep a proper lookout when he entered the motorcyclist's lane. When driving it is important to remember to pay attention not only to your own vehicle, but to all of those vehicles around you.

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July 24, 2009

Chicago Wrongful Death Case Involving Failure to Diagnose Meningitis of Thirteen Year-Old Girl Awarded $3.75 Million By Federal Judge

An Illinois medical malpractice lawsuit was decided by Chicago Federal District Court Judge Robert M. Dow, Jr., who awarded $3.75 million to the child's surviving family. The case had been brought in federal court versus an Illinois state court because the defendant physician was employed by a government operated facility, which brought the case under federal jurisdiction.

Medical%20Records%202.jpgThe case involved a 13 year-old girl who had presented to her physician with sinusitis, which the physician failed to diagnose. Following the bench trial, Judge Dow concluded that had the sinusitis been diagnosed that it probably would not have developed into bacterial meningitis, which would have increased her chance of survival.

Prior to seeing her physician, the girl had been seen at a hospital emergency room. However, the defendant physician failed to review these records when treating the girl, which the judge found to be a breach of the required standard of care. Furthermore, the physician failed to question the decedent as to the degree of her headaches, which would have been a key piece of information in diagnosing the severity of her symptoms. No antibiotics were prescribed to the girl to aid her in fighting off her infections.

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July 13, 2009

Illinois Wrongful Death In Undiagnosed Lung Cancer Case Settled by Family

A $2 million settlement was awarded to the family of a 58 year-old man who died when his lung cancer went undiagnosed. The Illinois wrongful death lawsuit was filed against the decedent's family practice physician and an emergency medicine physician who provided treatment at Alexian Brothers Medical Center. The Cook County settlement was reached before this failure to diagnose cancer case went to trial.

Lung%20Xray%201.jpgThe decedent's estate claimed that the Alexian Brothers emergency room physician had misread a chest x-ray taken of the decedent. However, the same film was correctly interpreted by a radiologist the following day as showing a lesion on his lung. The hospital failed to notify the decedent regarding the discrepancy in the interpretation. The decedent's family physician became involved in the malpractice after receiving a faxed copy of the correctly interpreted radiology report, but still failed to notify the patient of the relevant findings.

As a result of the incorrect reading the man's lung cancer went undiagnosed for 13 months. Because of the lengthy delay when his lung cancer was eventually diagnosed it was in Stage IV, giving him an extremely poor prognosis. The decedent died about three years after the initial emergency room visit.

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July 3, 2009

Illinois Wrongful Death Act Is Amended To Include Recovery For Grief, Sorrow And Mental Suffering

New modifications to the Illinois Wrongful Death Act now allow victims of a wrongful death to recover damages related to grief, sorrow, and mental suffering. This new addition applies to any Illinois wrongful death case that occurred after June 1, 2007.

Depressed%201.bmpPrior to the passing of the recent amendment, wrongful death victims were only allowed to recover for pecuniary losses such as the loss of decedent's society. Under the loss of society claim the plaintiff may claim damages for the loss of the benefits from the decedent's love, affection, care, attention, companionship, comfort, guidance and protection.

And while the new amendment allows plaintiffs to claim additional losses associated with their loved one's wrongful death, there is now the requirment of proving and assessing the value of one's grief, sorrow, and mental suffering following the death of a loved one.

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June 1, 2009

Autopsy Answers And Painful Questions About Untimely Deaths In Medical Malpractice Cases

Last year our law firm reviewed a tragic Chicago medical malpractice case involving the death of a 28-year-old mother of three. While the facts seemed to point towards medical negligence as a contributing factor of the young woman's death the medical records did not reveal a clear cut cause of death.

Hospital%20Gurney%201.jpgI remember the first conversation I had with the decedent's husband, which took place shortly after her sudden death. During that conversation we discussed whether or not an autopsy should have been ordered. In my opinion whenever the cause of death seems unclear or suspicious it is wise to have an autopsy performed. However, in this case the woman's surviving family members opted not to get an autopsy done.

Sadly, in this young woman's case the real cause of death was never determined. While the medical records were reviewed by both a pathology expert and an infectious disease physician, neither were able to point to a definitive cause of death without an autopsy report. However, both physicians ruled out the causes of death listed on her death certificate, making the case even more of a mystery. Yet without any clear evidence there was nothing that could be done from a medical malpractice standpoint.

Would an autopsy have revealed the true cause of her death? Would it have shown something the doctors overlooked? Could the doctors have done something to prevent her untimely death?

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April 24, 2009

Wrongful Death Action Allowed Against Nursing Home by Missouri Supreme Court, But Arbitration Clause Not Allowed

A recent Missouri Supreme Court case ruled that a nursing home cannot enforce a mandatory arbitration clause against a former resident’s children even if an arbitration agreement with the nursing home had been signed. The court found that “the plaintiff in a wrongful death action is not bound by an arbitration agreement signed” by a sister on the mother’s behalf in Lawrence v. Beverly Manor, 2009 WL 77897 (Mo. Jan 13, 2009).

Hospital%20Bed%202.jpgIn 2003, the resident, Dorothy Lawrence, began living at Beverly Manor Nursing Home in St. Joseph, Missouri. At the time Lawrence's daughter, Phyllis Skoglund, had power of attorney for her mother and signed the contract with the nursing home on behalf of the resident.
This contract included an arbitration clause that stated that "any and all claims, disputes and controversies [regarding the nursing home's care and treatment of Lawrence] shall be resolved exclusively by binding arbitration".

Shortly after her admittance to the nursing home, and the signing of the contract, Lawrence died. Her family filed a wrongful death lawsuit against Beverly Manor Nursing Home alleging that she died as a result of the nursing home's negligence when she was dropped by the nursing home staff.

A trial court ruled that the wrongful death claim could go forward despite the contract including the arbitration language. This decision was affirmed by the Missouri appellate court, at which point Beverly Manor Nursing Home appealed to the Missouri Supreme Court.

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October 3, 2008

Truck Accident Leaves Illinois Teens Dead

When 16 year-old Illinois resident Hancock began making a left-hand turn at an intersection she did not see a tractor-trailer coming towards her. When the truck struck her car it was going approximately 10 m.p.h. over the speed limit. Hancock and her 16 year-old passenger were fatally injured in this Illinois trucking accident.

Jacknife%20truck%201.jpgAny time a car is involved in a truck accident the results can be disastrous, as they were here. No matter how safe and reliable your car is, when it's up against a tractor-trailer the odds are against you.

The teenagers' parents brought a claim against both the truck driver and his employer, alleging that he failed to obey the proper speed limit and had gone over his allotted hours of service that week according to federal law.

The defendants responded by filing an Illinois wrongful death claim with allegations that Hancock had not stopped at her stop sign, had not yielded to the right-of-way when making her turn, and did not have her headlights turned on. The defendants also denied that the truck driver was their agent.

Both sides had accident reconstruction experts to support their liability claims and demonstrate to the jury how the accident may have taken place. The purpose of these experts is to give the jury an understanding of who was at fault for the accident. After deliberation the jury decided that the defendant truck driver was 60% liable and that Hancock was 40% liable for the accident.

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September 9, 2008

Chicago Not Liable For Fatal Crash Involving Two Children Struck By Chicago Police In Unmarked Car

Chicago U.S. District Court Judge granted summary judgment in favor of the City of Chicago, dismissing the case brought against two Chicago police officers who ran over two young Chicago children. When it hit the children the officers' unmarked car was driving at high speed with no lights or flashers.

Police%20Car%201.jpgThe suit claimed that the City of Chicago and its two officers violated the children's right to substantive due process under the 14th Amendment to the U.S. Constitution. The issue before the court was whether an auto accident caused by reckless driving forms the basis for constitutional liability under the substantive due process clause.

According to Judge Hibbler, the U.S. Supreme Court has held that recklessness in such a situation is not enough. The rule of thumb for establishing the threshold in a substantive due process challenge comes for the ruling in County of Sacramento v. Lewis, 523 U.S. 833 (1998): whether the behavior "is so egregious, so outrageous that it may fairly be said to shock the conscience."

Under Hill v. Shobe, 93 F.3d 418 (7th Cir. 1996), it was held that reckless driving alone was not enough cause to impose liability under the due process clause. Furthermore, Lewis ruled that a high speed chase without the intention of causing harm does not meet the level of shocking one's conscience.

Judge Hiller further reviewed the facts of the current case to determine whether the two police officers had intended to harm the two children. Evidence supported that the officer driving was indeed reckless when he struck the children. At the time the officers were speeding down the wrong side of the street with neither their lights or sirens on in an area near a school zone. According to the officers they were chasing a man with a gun. Yet Hiller felt that there was evidence to support the victims' family's claim that the officers were in fact avoiding traffic and there was no man with a gun. One of the boys struck by the police officers died, the other survived.

But while there was ample evidence to support the officers' reckless behavior, there was no evidence that they had intended to harm the two children. Therefore Hiller reluctantly ruled in favor of the City of Chicago's summary judgment and dismissed the case. However, Hiller did recommend to the family that they appeal to the 7th Circuit Court of Appeals in Chicago for further review of the due process claim. That perhaps the Appeals Court would review whether the recklessness shown in the present case would be enough to shock the conscious and thereby violate the substantive due process clause.

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July 29, 2008

Collapsed Seat In Dodge Caravan Found Unsafe and Cause for Infant's Death

The parents of 8-month-old Joshua Flax filed suit against DaimlerChrysler after their son was killed in a car accident involving their 1998 Dodge Caravan. The wrongful death case centered on the allegedly defective design of the minivan's front seat backs. Jeremy Flax, et al. v. DaimlerChrysler Corp., et al.

Minivan%20Seats.jpgJoshua Flax was in the back seat of the minivan when it was rear-ended. The impact caused the front seat to collapse and its passenger to strike Joshua in the head, fracturing his skull. No other passengers were seriously injured and all parties agreed that Joshua was only fatally injured because of the collapsed seat.

In late 2004, a jury found DaimlerChrysler's seats to be defective and unreasonably dangerous, awarding a total of $105,500,000 to Joshua's parents. This amount was later reduced, but the verdict was upheld all the way through the Supreme Court.

Evidence showed that the seat in question had been failing crash tests for over 20 years. Since the '80's Chrysler had been getting complaints that the seats were collapsing and injuring children. In fact, a former employee testified that he had investigated the seats in the '90's because of all the complaints. He was fired after expressing that he wanted to bring the issue to federal regulators.

In its opinion the Supreme Court stated that the evidence showed that not only had Chrysler ignored customer's warnings and failed to redesign their minivan, but they also hid the evidence. In addition, they marketed their minivan as a vehicle that put safety first.

The minivan has been a symbol of modern American families. When Joshua Flax's family strapped his car seat in they felt confident in the safety of their minivan. But they found out all too soon the error in their perception was from the deception by Chrysler.

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June 26, 2008

Illinois Wrongful Death Act Interpreted by Illinois Supreme Court to Deny Recovery Of Unborn Child Aborted After Serious Injury To Mother

The Illinois Supreme Court handed down a controversial decision interpreting the Illinois Wrongful Death Act. The case, Williams v. Manchester, 2008 WL 879036 (Ill Sup Ct), involved a pregnant woman, the plaintiff, Michelle Williams, who was 10.5 weeks pregnant when she was seriously injured in a car crash in Chicago.

Because of her injuries, doctors advised that her own health was at risk if the uninjured unborn child was not aborted. The legal issue was whether or not Ms. Williams could bring a wrongful death suit against the wrongdoer for the death of her child. The court held that she may not because the crash did not injure the child. The reasoning went on to state that if the unborn child had survived, there would be no case to bring for lack of injuries (damages).

The case filed in the circuit court ended on summary judgment in favor the defendant. A divided panel of the Illinois Appellate Court reversed the lower court decision giving rise to the appeal accepted by the Illinois Supreme Court.

The Supreme Court took some of its analysis from common law and the history of the statutory right to recover for wrongful death. In the common law there is no right to recover for wrongful death. But that changed with the enactment of wrongful death statutes, which were first enacted in Illinois in 1853. Quoting from a prior decision the court stated, "a wrongful death action is barred if the decedent, at the time of death, would not have been able to pursue an action for personal injuries."

In the Williams case while the unborn baby was not injured from the accident, the mother's injuries were so severe and complicated that an effort to save the baby while treating the mother could have severely injured both the mother and the unborn child. For example, the child would have been exposed to an inordinate amount of x-ray. At the same time, catering to the life of the unborn child would have altered the mother's treatments so that she too would have had much greater risk of permanent, debilitating injuries which would not have been a risk with the ending of the pregnancy.

The Supreme Court was not convinced by the argument of plaintiff's counsel that the radiation exposure to the unborn child and the initial phase of the abortion to the fetus was a foreseeable injury to the unborn child stemming directly from the accident.

The court instead focused on its interpretation of the Illinois Wrongful Death Act requiring a decedent to have sustained a compensable injury prior to death in order to meet the threshold test. And as the unborn child did not sustain an injury directly from the accident the court ruled in favor of the defendant.

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June 26, 2008

Hospital Liability in Cook County Jury Verdict Upheld Against Loyola University Medical Center In Heart Transplant Case

Loyola University Medical Center was held liable by a Cook County jury in 2006 for "institutional negligence" involving the unsuccessful heart transplantation attempt of Carl Longnecker, the plaintiff decedent. The hospital was held liable for not ensuring that a doctor understood his role on the heart transplant team. At the same time the jury found that the same doctor, also named as a defendant, was not guilty of medical negligence.

Longnecker had been waiting for a transplant for 14 months when he was notified that a heart had been found for him. Dr. Parvathaneni was responsible for obtaining that heart and getting it to Loyola, where the transplant would be performed. According to surgeons at Loyola, Parvathaneni played a crucial role in the process in that they relied on his inspection and evaluation when they accepted and used the heart. Dr. Parvathenani testified that he was unaware that he needed to perform a detailed assessment of the heart, but just was responsible for getting it to Loyola quickly. So when it became evident that the heart had significant disease and allegedly never functioned after its removal the question was who was responsible. The transplant surgeons decided to go ahead with the surgery, stating that they needed to go ahead with the transplant of the diseased heart because Longnecker's own heart had already been removed. However, it should also be noted that the doctors could have used an artificial heart in this case. Longnecker never regained consciousness after the surgery and died several days later.

Post trial, the Circuit Court judge, Irwin Solganick granted judgment notwithstanding the verdict in favor of Loyola, even though the jury found the hospital responsible with a verdict in favor the plaintiff-decedent's family in the amount of $2.7 million. So even though the jury found the hospital guilty, Judge Solganick overruled that decision and entered a not-guilty verdict against Loyola. According to Judge Solganick his decision to vacate that jury verdict was premised on inconsistencies in the verdict.

According to Judge Solganick the inconsistencies are that the jury concluded that the defendant doctor, Dr. Parvathaneni, did not do anything to harm Longnecker, but at the same time ruled that the hospital was negligent in not making sure that Dr. Parvathaneni understood that he was to thoroughly inspect the heart before harvesting it. According to Judge Solganick "whether [Dr. Parvathaneni] personally did not understand his role or whether Loyola did not see that he understood his role did not matter" and therefore Loyola shouldn't be held accountable for Longnecker's death.

Illinois' First District Appellate Court, in a 2-1 decision, reversed Judge Solganick's order and remanded the case back to the trial judge for reinstatement of the verdict.

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June 23, 2008

Car Accident Pedestrian Death Leads to Cook County Jury Verdict of $2.5 Million- Largest Verdict For Death of 90+ Year Old

The $2.5 Million verdict handed down by a Cook County jury last week was not only the largest in Cook County for a person 90 years or older, but now stands as the largest in Illinois for anyone of that age group that has been injured or killed.

Ms. Grochis was struck by a car crossing the street at Grand Avenue and 73rd Street in Elmwood Park, IL. Because she survived after being dragged 25 feet by the defendant's car, she was awarded $1 Million for pain and suffering. The jury also awarded an additional $1.5 million for the wrongful death of Ms. Grochis, who lived independently, still handling her own shopping and errands, and used public transportation to get around. She was survived by two children ages 56 and 52, along with several grandchildren and great-grandchildren.

This Cook County verdict is reflective of a change in jury attitudes. There had been a tendency among jurors to perhaps discount or hold down the verdict to much lower levels because of the advanced years of the plaintiff. Typically when there has been either advanced years or a perceived life expectancy reduction the verdicts are on a significantly lower scale then the Grochis verdict.

The prior record for a verdict or settlement awarded to the surviving family of a person aged 90 or above was a $825,000 settlement in 1999. The jump between the '99 case and the Grochis verdict reflects that juries are now evaluating cases irrespective of the age of a plaintiff. This changing outlook will influence the way elderly plaintiff's cases are worked up and tried.

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June 19, 2008

Illinois Wrongful Death Case Settled by Kreisman Law Offices

June 18, 2008- After a lengthy mediation session led by retired Cook County Circuit Court Judge Stuart Nudelman, the defendants, Victor Colin, M.D. and his professional practice, Elgin Family Physicians, agreed to settle the wrongful death case of decedent, Timothy.

The claim centered on the physicians incorrect diagnosis and treatment of Timothy's condition of fever, headache, and sleeplessness for at least two weeks. While these signs might not be overly alarming in your typical patient, Timothy's circumstances weren't those of your typical patient.

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Born with a congenital heart valve defect of Tetralogy of Fallot, Timothy had undergone three open heart surgeries for valve repair, including a porcine (pig) valve replacement of his pulmonary valve in 1981. This history placed Timothy at high risk for bacterial endocarditis, which is a serious infection of the endocardium (the smooth interior lining of the heart) and the heart valves, typically caused by bacteria. It was this type of infection that eventually led to Timothy's death.

Dr. Colin was aware of Timothy's history and yet continued to diagnose him with various types of throat ailments even though the patient presented on five different occasions over the course of five weeks with continuing complaints of high fevers, weakness, and sleeplessness (all signs of endocarditis). At no point did Dr. Colin order a chest x-ray, labs, or any other tests that would have diagnosed his bacterial endocarditis. Finally, when Timothy presented with decreased oxygen in addition to his other symptoms, Dr. Colin admitted him to the hospital for testing. But at that point Timothy's condition was already too far gone. He was airlifted to another hospital the next day, where he died within a week. He was survived by his parents and two siblings.

The defendants were inclined to entertain this mediation setting even before the deposition of the defendants were completed. The case was pending in Kane County, Illinois.

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November 27, 2007

Medical Negligence Settlement by Chicago Medical Malpractice Lawyer Robert Kreisman for Death of Patient

A $2.1 Million settlement was reached against the hospital and doctors in an Illinois medical negligence lawsuit involving the wrongful death of a woman from brain herniation after being discharged from a hospital. She was discharged with complaints of headaches despite a diagnosis of a brain tumor.

Mary, a 50 year-old female, was diagnosed at South Suburban Hospital with a right frontal lobe meningioma in early September, 2003, at which time she was discharged from the hospital with a referral to a University of Chicago neurosurgeon. However, before seeing the neurosurgeon she presented back to South Suburban Hospital two days later complaining of headaches and vomiting.

She is given some pain medication and sent home. Early the next morning she is found unresponsive by her husband. She was taken by ambulance back to South Suburban, but died later that day. An autopsy revealed that the cause of the Illinois woman's wrongful death was excessive fluid building up around her tumor causing her brain to shift to the left and down through the brain stem, putting extreme pressure on her brain, resulting in brain herniation.

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