Vested Interest - Tort Briefs - December 2006 Issue

Settlement for Failure to Diagnose Kidney Disease

A settlement was reached with a Chicago doctor for failure to diagnose kidney disease throughout a woman’s pregnancy. Plaintiff alleged that her physician failed to recognize or respond to obvious signs and symptoms of kidney disease throughout her pregnancy in 1998 and 1999. As a result, the woman experienced end-stage renal disease and required dialysis until she received a kidney transplant in October 2003. Her son was born extremely small for his gestational age and was delivered prematurely because of the undiagnosed and untreated kidney disease. The boy is unable to grow on his own and must undergo hormone treatments.

Hartford Assessed in Work Comp Case

Hartford was assessed penalties and fees in a workers’ compensation case where it raised specious defenses before the Commission. Plaintiff developed an intervertebral disc infection following a discogram for his work. Hartford refused all benefits and medical care and instead tried to pin the liability on an insurance carrier for an earlier injury.

Retired Central Illinois Doctor Settles Birth Injury Case

The parents of a child who suffered an injury to his brachial plexus during delivery have resolved a claim against St. Mary’s Hospital in Decatur and an obstetrician, who recently retired and moved back to his native Thailand, citing increased medical malpractice premiums. The physician and nursing staff mismanaged the labor and delivery of this child, using inappropriate maneuvers and applying excessive lateral traction when faced with a shoulder dystocia.

Rosebud Restaurants Hit With Verdict in Pregnancy and FMLA Case

Plaintiff was employed by Rosebud Restaurants, Inc. as a manager. In June 2003, plaintiff announced that she was pregnant to her supervisor, who refused to schedule plaintiff afterward. Thereafter, plaintiff sought to take FMLA, and plaintiff was told by human resources to exercise her FMLA before she delivered. Plaintiff could not return to work at the expiration of the FMLA that was given to her, and she lost her job. Plaintiff’s award included backpay, as well as compensatory and punitive damages.

Federal Court Verdict in Trucking Accident

A man who was injured in a crash with a semi-tractor trailer was returned an award by a federal court jury in Chicago. Crete Carrier Corporation relied on an independent company’s state of the art GPS system that used multiple satellites to argue that none of its trucks were in the area when the crash occurred. An eye-witness identified only the color of the truck and trailer. The police report noted that the witness provided only a partial spelling, "CR," of the truck’s name. The truck company also argued there was not contact between the truck and the plaintiff’s van. The accident occurred in March of 2004 and was tried in Chicago using Michigan substantive law and Illinois jury instructions. Pursuant to Michigan law, the jury deducted 15% for the plaintiff’s verdict for his failure to wear a seat belt. The plaintiff was ejected and suffered a flail chest, requiring a 6 week medically induced coma, among several other injuries, which required extensive physical therapy. Plaintiff has some limited residual injuries and partial loss of vision in one eye. The trucking company recently agreed to pay the claim.