Vested Interest - Tort Briefs - April 2002 Issue

$4.6 million settlement for removal of healthy kidney

A Cook County judge approved a $4.6 million settlement for a man whose healthy kidney was inadvertently removed along with a diseased one. The man was subsequently put on a regimen of dialysis treatments and the next year received a transplant from his wife to replace the functioning kidney that was removed. Plaintiff’s argued that doctors failed to diagnose “horseshoe kidney,” a condition in which the kidneys are joined, leading to the removal of healthy tissue that should have been retained. (Chicago Daily Law Bulletin – February 19, 2002)

Discrimination suit settled for $31 million

American Express Co. has agreed to a $31 million settlement of a sex and age discrimination suit filed by 17 women who say they were unfairly denied promotions and pay. The deal has to be approved by a federal judge and would also require American Express Financial Advisors Inc. to begin mandatory diversity training and install a diversity officer. It also requires the firm to make sure that 32 percent of new hires for its financial advisor team are women. Four women originally filed the suit and were joined by 13 more. More than 4,000 women would qualify for benefits from the settlement. (AP – February 22, 2002)

Monsanto guilty of PCB pollution

A jury found Monsanto Co. polluted an Alabama town with PCBs from a chemical plant over several decades, a verdict that sets the stage for more trials on claims that the contamination harmed property and the residents’ health. The company reached a $40 million settlement in a federal case last year and has spent tens of million of dollars trying to clean up contamination in and around the town. The suit had more than 3,500 plaintiffs from the town when initially filed, but the trial focused on claims by 16 residents and one business that said Monsanto’s plant had harmed their property and caused emotional distress. (AP – February 23, 2002)

Loss of fingers: jury awards $3.18 million

A Will County jury awarded $3.18 million to a 28-year-old man whose first three fingers of his right hand were crushed and “degloved” in a conveyor belt. The man has undergone 10 surgeries to deal with the injuries, including knuckle prostheses and multiple plastic surgeries. Plaintiffs argued the defendants removed a safety guard from the conveyor belt that, if left on, could have prevented the accident. (Chicago Daily Law Bulletin – February 25, 2002)

Federal judge approves settlement

A U.S. District judge approved a $1.4 million structured settlement in a case of a downstate man who lost both arms below the elbow in an industrial accident. The man, who was 19 at the time, was working as a punch press operator when the press he was operating malfunctioned, causing the ram to come down on his arms. He was a “loaned employee” placed by a temporary services company and barred from recovery under the Workers’ Compensation Act. (Chicago Daily Law Bulletin – February 25, 2002)

Estate awarded $4.1 million after failed diagnosis

A Lake County jury awarded $4.1 million to the family of a man who died after a doctor failed to diagnose an abdominal aneurysm. The 75-year-old man went to the emergency room and complained of severe abdominal pain. Plaintiff's attorney said the physician did not diagnose the aneurysm. The man went into shock and was transferred to another hospital where doctors performed surgery to repair the aneurysm. He died about three weeks later of multisystem organ failure. (Chicago Daily Law Bulletin – February 26, 2002)

$4 million award for misdiagnosis

A Cook County jury has awarded $4 million to the family of a Chicago man who died from an abdominal aortic aneurysm after he was misdiagnosed with having kidney stones. Plaintiff’s attorneys argued the head emergency room doctor failed to order tests to treat the man, who died a day after he was taken to the emergency room. (Chicago Daily Law Bulletin – February 27, 2002)

On-the-job injury: $3.2 million award

A Cook County jury awarded about $3.2 million to a 56-year-old electrician who had knee-replacement surgery after being injured on the job. The man was riding in the back of a truck helping to stabilize a piece of equipment when another piece broke, striking and injuring his knee. Plaintiff’s attorney argued the man was unable to return to work and has sustained a loss of $800,000 in past and future salary and union benefits. (Chicago Daily Law Bulletin – February 27, 2002)

Estate awarded $3 million after fire

A Cook County jury awarded $3 million to the estate of a man who died in a fire that the fire department found was likely due to the man’s careless use of smoking materials. The verdict was reduced by one-third to reflect the contributory negligence of the 71-year-old retiree. Plaintiffs claimed the lack of a smoke detector was a proximate cause of the death. The defense produced employees who testified they installed a device on the day of the fire. (Chicago Daily Law Bulletin – February 28, 2002)

Amputee awarded $10.5 million

A Cook County jury has awarded $10.5 million to a 72-year-old woman whose leg was amputated above the knee after doctors were unable to reverse the course of an infection. The woman went to the hospital with pain and swelling in her lower right leg. She was diagnosed with gout and discharged. The next day she was diagnosed with cellulitis in an outpatient clinic, and treatment did not start until early the following morning. She entered septic shock, suffered multi-organ system failure, and it became necessary to amputate her leg above the knee. Plaintiffs claimed the delay in diagnosis and then treatment caused her injuries. (Chicago Daily Law Bulletin – February 28, 2002)

Hit-and-run victim gets apology for 3-day ordeal

An 85-year-old woman got an apology in court for the hit-and-run accident that left her trapped in a mosquito-infested swamp for three days. She was driving to the airport when her car was hit from behind and pushed off a bridge. The 23-year-old driver was sentenced to five years probation and ordered to reimburse the woman’s medical expenses. He pleaded guilty to leaving the scene of an injury accident and making a false police report. The woman was in court to accept his apology and told him she had “no ill feelings toward you. I just hope you will make a good life for yourself.” (Chicago Tribune – February 28, 2002)

U.S. Supreme Court eases plaintiff’s burden

The U.S. Supreme Court eased the burden for plaintiffs bringing job discrimination cases, saying they don’t have to state specific facts establishing a prima facie case but need only contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Writing for a unanimous court in Swierkiewicz v. Sorema N.A., Justice Clarence Thomas said initial pleadings do not have to meet the standard set in 1973 in McDonnell Douglas Corp. v. Green. By saying plaintiffs don’t have to meet that standard to survive an employer’s motion to dismiss a case, the Supreme Court cleared the way for them to proceed to the discovery phase and gather evidence of discrimination. (Liability & Insurance Week – March 4, 2002)

Ford liable despite release

The California Supreme Court unanimously held Ford Motor Co. is liable for a $6.6 million judgment in a truck crash even though the plaintiff signed a settlement with an insurer releasing “all other persons, firms, corporations, associations or partnerships of and from any and all claims.” The plaintiff’s attorney negotiated an agreement with a claims adjuster for $15,000, the policy limit of the driver who struck the plaintiff. The plaintiff then hired another attorney and sued Ford alleging negligence, strict liability and breach of warranty. Ford turned up the release during discovery and moved for summary judgment on grounds the language relieved it of liability. The Court wrote “the uncontroverted testimony about the circumstances surrounding the formation of the Release demonstrates that the contracting parties did not intend to release Ford.” (Liability & Insurance Week – March 4, 2002)

Violinist receives $35 million settlement

A $35 million settlement has been reached in a lawsuit by violinist Rachel Barton against Metra and another defendant. The settlement comes after the Illinois Supreme Court last month let stand a 1999 jury award of $29.6 million to Barton. Four years earlier Barton lost a leg and part of the other foot when she fell beneath the wheels of the train after her violin became caught in a door as she stepped from a Metra commuter train. Metra and the Chicago and Northwestern Transportation Co., along with an insurer for both defendants, paid the settlement. (Chicago Daily Law Bulletin – March 4, 2002)

DuPont to pay for asbestos exposure

DuPont Co. has been ordered to pay more than $6 million to the family of a man who died after being exposed as a child to asbestos fibers in his father’s work clothes. The man died at age 53 from mesothelioma, a rare and fatal tumor in the lining of the lung. The verdict was one of five that jurors delivered following a three-week trial before two judges appointed to handle asbestos-related claims. The jury also awarded $600,000 to the widow of a laborer and $24,800 to a man who claimed he developed a thickening of the lung lining during 10 weeks at the same DuPont plant. The jury rejected two other claims. The original case involved more than 60 plaintiffs and several other companies. All but the five claims against DuPont were settled. (AP – March 6, 2002)

McDonald’s nears deal on fries suit

McDonald’s Corp. is close to settling lawsuits filed by several vegetarians last year who accused the burger chain of deliberately concealing the use of beef extract in its french fries. A draft of the settlement offer called for McDonald’s to pay $10 million to charities that support vegetarianism, issue a public apology and form an advisory board to counsel the company on vegetarian dietary issues. The 12 named plaintiffs in the five pending cases would each receive $4,000. (Chicago Tribune – March 7, 2002)

$9 million settlement in StarLink seed corn suit

A federal judge in Chicago approved a $9 million settlement over genetically modified corn that found its way into products on supermarket shelves. The seed has been approved for use in animal feed but not for human consumption. A Washington-based environmental group found the corn in taco shells. A group of food companies will attach $6 million in coupons to packages of their products. (AP – March 8, 2002)

$2.6 million for knee injury at Soldier Field

A jury awarded a man $2.6 million for slipping in a puddle of water and urine in a crowded bathroom at Soldier Field after a rock concert. The accident left him with a disfigured left leg after doctors had to remove his calf muscle and place it above his knee. After eight surgeries, the man has a noticeable limp and a shortened left leg. The man is a systems operations consultant and a former soccer star at Notre Dame. Neither side could agree on a settlement. (Chicago Sun Times – March 13, 2002)

Indiana hospital cited by federal regulators

Federal regulators cited St. Margaret Mercy Healthcare Centers in Hammond, Indiana, for giving a fatal dose of medication to a fire captain who was recovering from open-heart surgery. The man was to be given 1 gram of an antibiotic via an intravenous bag, but instead was given a medication meant for a patient with head injuries. Within minutes he went into respiratory arrest and died after being taken off life support. The hospital admitted the error. (Chicago Sun-Times – March 15, 2002)

Cook County judge approves $19 million settlement

A Cook County Circuit Court judge approved a $19 million settlement for a woman who was given an overdose of pain medication that slowed her heart, causing severe brain damage. A hospital spokesman said, since the accident “the hospital has taken steps to implement safeguards against a reoccurrence.” (Chicago Sun-Times – March 15, 2002)