Vested Interest - Tort Briefs - January 2000 Issue

98,000 Killed in Hospital Mistakes Each Year:

Report A new report from the Institute of Medicine, part of the National Academy of Sciences, concludes that medical malpractice in American hospitals kills 98,000 patients each year, and results in $8.8 billion in unnecessary spending. Co-authored by William Richardson of the W.K. Kellog Foundation, “To Err is Human” calls upon Congress to create a national Center for Patient Safety, and further demands that hospitals and health professionals be required to report medical mistakes to the Center. (The Report is available from the Institute of Medicine’s website at www4.nationalacademies.org)

Dalkon Shield Claimants Trust to Close

A.H. Robins sold the Dalkon Shield birth control device between 1971 and 1974. Some 200,000 women later brought suit, claiming the device caused infections, infertility, spontaneous abortions, and deaths. Robins agreed to create the Dalkon Shield Claimants Trust to administer payment of $2.3 billion to victims. In December, the Trust sent its final payment, some $63 million spread among 54,000 women. Lawyers for the trust noted that wise investments allowed victims to receive additional payments to cover unforseen complications; some victims received as much as twice as what was scheduled. The largest payment was $2.2 million to the family of a severely deformed girl who was conceived while her mother was using the device; the average payment was $21,000. The Trust has announced plans to close in March, 2000. (AP, December 16, 1999)

Chicago Pays $1.5 Million to Settle Two Death Claims in Police Chases

The Chicago City Council has approved payments of $750,000 each to survivors of two people killed during police chases. James Killingsworth was taking out his garbage when he was struck by a squad car chasing a stolen truck. The officers driving the squad car had been ordered to terminate the chase, but ignored the order. Suppatra Qaiyachote was driving through an intersection with a green light when he was struck by a car fleeing an unmarked police car. Department rules severely restrict when unmarked cars can give chase. (Chicago Sun-Times, December 14, 1999)

Foreign Tourist, Illegally Strip-Searched, Secures $66,000 Verdict

Anette Sorensen, a Danish woman, was arrested in New York for leaving her baby in a stroller while she and her husband had lunch at a restaurant. While in custody, she was strip searched. She sued, claiming illegal arrest and illegal strip search. She also claimed that the police failed to tell her she could notify her consulate for assistance. The jury agreed that the strip search was improper and that police should have allowed her to contact her consulate, and issued a verdict for $66,000. After the trial, arresting officer Neil Pero said that the verdict “restores my confidence in the judicial system.” (AP, December 14, 1999)

Julie Andrews Files Malpractice Suit Over Lost Voice

Julie Andrews, film and stage star, has filed a malpractice action against Mount Sinai Hospital in New York, claiming that medical malpractice has stolen her singing voice. Andrews, who starred in movies like The Sound of Music and Mary Poppins and plays like Peter Pan and Victor/Victoria, has been unable to sing since she had surgery in 1997 to remove non-cancerous throat nodules. She asserts that the surgery was unnecessary from the start. (AP, December 15, 1999)

Another Tort Deformer Wins Malpractice Suit

U.S. Senator Rick Santorum (R-PA) has consistently voted against the interests of injury victims, but when his wife suffered from malpractice, she sued and won. Karen Santorum had sought treatment from a Virginia chiropractor who, in the course of treatment, improperly manipulated her spinal column, resulting in a herniated disk. She sought $500,000 in damages. The jury returned a verdict for $350,000. Lisa Astilla of the American Tort Reform Association claimed that Sen. Santorum’s support for jury verdict caps is not inconsistent with Mrs. Santorum’s verdict: “Anyone who has been injured and has a case should be compensated. We just want the system to be more predictable.” (AP, December 15, 1999)

Jury Issues $50 Million Verdict to Philadelphia Boy in Escalator Accident

Seven-year-old Shareif Hall was riding an escalator in a Southeastern Pennsylvania Transportation Authority terminal when his foot became stuck in the escalator. Despite his families repeated and desperate efforts to free him, his foot was drawn into the machinery. His foot had to be amputated, and he now has a prosthetic device to help him walk. His lawsuit alleged negligent maintenance and civil rights violations. A jury hearing the case issued a verdict for $50 million in damages, plus $1 million to his mother, and $65 for the shoes he was wearing. (AP, December 12, 1999)

Illinois Civil Justice League Launches Website for Judicial Elections

The Civil Justice League, the association of businesses and insurers who pushed the 1995 tort deform law, has launched a website designed to “educate” voters about judicial candidates in the 2000 elections. Ed Murnane, former advisor to the Dole and Reagan presidential campaigns, and current head of the League, promises that the site, IllinoisJudges2000.com, will include campaign contributions and candidates’ answers to the League’s questionnaire, as well as rating data from bar associations and other groups. (December 26, 1999)

U.S. Supreme Court Rules that IRS Can Lien Rejected Inheritances

In a case that may have implications for structured settlements, the U.S. Supreme Court has ruled that the Internal Revenue Service can place a lien on a inheritance, even if the beneficiary rejects the inheritance. Rohn F. Drye renounced his claim to his mother’s estate, allowing the $236,000 estate to pass directly to his daughter. At the time, however, Drye owed the IRS

$134,000 in back taxes and penalties. The IRS put a lien on the estate and collected the back taxes. Justice Ruth Bader Ginsberg’s unanimous opinion held “Arkansas law primarily gave Drye a right of considerable value - the right either inherit or to channel the inheritance to a close family member. In determining whether a federal taxpayer’s state-law rights constitute “property” or “rights to property” the important consideration is the breadth of the control the taxpayer could exercise over the property.” (AP, December 7, 1999)

Former California Chief Justice Rose Bird Dies

Rose Bird, the former public defender who spent 9 years on the California Supreme Court, has died of breast cancer. Justice Bird was the first woman ever to serve on that Court, and is credited with writing dozens of opinions that changed the face of American law, always to emphasize individual rights. During her tenure, the California Supreme Court took the lead in protecting workers’ and tenants’ rights, as well as women’s right to abortion. But the issue she is most associated with was the death penalty. Bird overturned each one of the 64 death sentences presented to her, a fact that contributed to her removal from the court by the voters in 1986. Rose Bird was 63. (AP, December 5, 1999)

Bureau of Labor Statistics Reports Record Low in On-the-Job Injuries

The U.S. Bureau of Labor Statistics tabulated 5.9 million on-the-job injuries in 1998, 200,000 fewer than in 1997. With the increase in total employment, the rate of injury declined from 7.1 per 100 workers to 6.7 per 100 workers. The decline was the sixth consecutive drop in annual injury figures. Workplace fatalities have also declined, to 6,026 in 1998. The riskiest industries were the goods-producing, which saw 9.3 injuries per 100 workers. Safest was the service sector, with 5.6 injuries per 100 workers. (AP, December 17, 1999)

Former Chicago Bear Wins Malpractice Suit

Anthony Blaylock was drafted in 1988 and played for the Cleveland Browns and the San Diego Chargers before being traded to the Chicago bears in 1993. He played nine games that season before undergoing elective surgery on his knee. Negligence during the operation resulted in bursitis, then further surgery, ending his career. His contract called for salary payments of $840,000 in 1994 and $740,000 in 1995, plus incentives, if his career had continued. He contented that the initial surgery was unnecessary and should have been postponed until after his career ended naturally. The jury returned a verdict of $3.85 million in damages against cosmetic surgeon Dr. Daniel J. Nagle. (Chicago Sun-Times, December 17, 1999)

Court Voids Union Contract that Bargains Away Right to Sue

The Air Lines Pilots Association had negotiated a pay raise for its members who flew for Northwest Airlines, but the contract also required arbitration for discrimination claims, even though the law gives individual pilots the right to sue in court. Individual pilots objected to that provision, and the U.S. Circuit Court of Appeals for the District of Columbia has ruled that a union may not bargain away its members legal rights. “An individual may prospectively waive his own statutory right to a judicial forum, but his union may not prospectively waive that right for him,” wrote the three-judge panel, adding “a union may not use the employees’ individual statutory rights as a bargaining chip to be exchanged for some benefit to the group.” (Bloomberg, December 28, 1999)