Vested Interest - Tort Briefs - June 2002 Issue

Former hostages of Flight 847 obtain $308 million judgment against Iran

U.S. military personnel aboard Flight 847 in June 1985 have been awarded a $308 million judgment against the Islamic Republic of Iran in U.S. Federal Court in Washington, D.C., stemming from the atrocities they suffered during their hijacking and subsequent 17-day captivity. The lawsuit was filed under the Anti-Terrorism Act of 1996, which enables victims and families of victims of international terrorism to sue the perpetrators and sponsors of international terrorism for punitive damages. (Press Release – April 24, 2002)

Jury awards $6.5 million over deadly infection

A Cook County jury awarded $6.5 million to the family of a 49-year-old woman who died in 1998 after suffering a "flesh-eating" infection in Northwestern Memorial Hospital following a tubal ligation. Doctors punctured the woman’s bladder during outpatient surgery and then failed to diagnose the ensuing infection until it was too late. This award was against two doctors. Northwestern Memorial settled out of court last year for $350,000. (Chicago Tribune – April 27, 2002)

$4.25 million settlement for brain damage case

A Lake County judge approved a $4.25 million settlement in a case of a 10-year-old girl who suffered brain damage when doctors failed to treat her in a timely and proper manner in the emergency room. In 1993, she was taken to the emergency room with symptoms of juvenile diabetes. The girl was in critical condition when she arrived and was not seen by any of the three doctors who were ultimately involved in her treatment until about fifteen hours later. In the interim, a nurse, who took down a telephone order from a doctor, erred while writing down instructions, and the girl was given a saline-free solution intravenously when the solution should have contained saline. (Chicago Daily Law Bulletin – April 22, 2002)

$5.5 million settlement one year after car accident

A $5.5 million settlement was reached in a personal-injury case exactly one year after a car accident that injured a mother and her daughter. The mother and daughter were hit by a woman who ran a stop sign. The daughter suffered shoulder and leg injuries, and the mother suffered several fractures, becoming paraplegic. The woman’s insurance carrier paid the settlement. (Chicago Daily Law Bulletin – April 29, 2002)

$11.5 million settlement for failed diagnosis

Lake Forest Hospital and one of its doctors agreed to pay $11.5 million in a medical malpractice case involving a 45-year-old man who suffered a heart attack eight months after doctors failed to diagnose and treat heart disease. Medical records show the man suffered a silent heart attack in November 1998, but doctors diagnosed a respiratory infection and prescribed antibiotics. In July 1999, he suffered a heart attack that required open heart surgery and a heart transplant. He can no longer work. (Chicago Daily Law Bulletin – April 24, 2002)

Electric shock victim receives $3.1 million in settlement

A 24-year-old man who suffered severe electrical burns four years ago will receive a $3.1 million settlement. The man was a third-year apprentice working at a job site when an aluminum street pole came into contact with a power line. Insurance carriers for his employer and a general contractor will pay the settlement. (Chicago Daily Law Bulletin – April 26, 2002)

Mercury poisoning/vaccine case filed

Three civil cases have been filed alleging that the mercury-based preservative thimerosal, used recently in more than 30 childhood vaccines, has caused mercury poisoning in many children. The cases were filed in Madison County, Illinois. The complaints allege the symptoms of mercury poisoning are, in many cases, identical to symptoms of autism. Many children suffering from mercury poisoning have been diagnosed with autism due to the similarity of symptoms. The plaintiffs further allege that mercury has been known to be hazardous for literally hundreds of years. (Press Release – April 30, 2002)

Black employees who claimed bias by NASA awarded $3.75 million

More than 100 black employees who claimed they were unfairly denied promotions by NASA will divide $3.75 million in a settlement. The lawsuit was filed with the EEOC in April 1993 on behalf of scientists and engineers at NASA’s Goddard Space Fight Center in Greenbelt, Md., and Wallops Island Flight Facility in Virginia. Under the terms of the settlement, Goddard admitted no wrongdoing but agreed to look at the workers’ requests for promotions retroactively and create programs to promote diversity and employee development. (Chicago Daily Law Bulletin – May 7, 2002)

Appeals court Oks workers’ comp award in suicide

A State appeals court held a Chicago Housing Authority employee’s suicide was casually connected to injuries he suffered stemming from a work-related incident. The Illinois Appellate Court’s Industrial Commission Division found the employee’s family was entitled to a total of about $628,075 in death benefits under the Workers’ Compensation Act. The man was a carpenter working for the CHA and suffered from asthma since childhood. His health worsened, apparently due to asbestos exposure and chemical fumes while working for the CHA, and he decided to kill himself. (Chicago Daily Law Bulletin – May 9, 2002)

PPG reaches $2.7 billion asbestos settlement

PPG Industries Inc. said it has reached a $2.7 billion settlement of asbestos injury claims and will take a charge against earnings of about $500 million. The settlement will be paid over the next 21 years by the Pittsburgh-based manufacturing company and at least three dozen insurers, including Travelers Property and Casualty Corp. (Chicago Sun-Times – May 15, 2002)

Seventh circuit decertifies Ford/Firestone class action suits

The Seventh U.S. Court of Appeals threw out a nationwide class action lawsuit against Ford Motor Co. and Bridgestone/Firestone American Tire, saying plaintiffs couldn’t proceed because too many differing state laws would have to be applied. The plaintiffs alleged breach of warranty and consumer fraud, claiming diminished value of their cars and tires because of frequent rollovers by Ford Explorer sport utility vehicles equipped with Firestone tires. The judge writing for the three-judge panel wrote "No class action is proper unless all litigants are covered by the same legal rules." (Liability & Insurance Week – May 6, 2002)

Construction worker receives $1 million settlement

A personal-injury lawsuit involving a construction worker who suffered a heel fracture was settled for $1 million. The 45-year-old man was forced to jump from a truck bed when a conveyor being loaded on the trailer began to fall after a hoist cable broke. He was not injured by the conveyor but severely fractured his left heel when he landed. (Chicago Daily Law Bulletin – May 9, 2002)

Judge oks $1 billion joint settlement

A federal judge approved a $1 billion settlement in a class action lawsuit filed by recipients of faulty hip and knee replacements. Nearly 3,500 patients nationwide who received faulty artificial joints made by Texas-based Sulzer Orthopedics are covered by the settlement. In December 2000, the company was forced to recall thousands of artificial joints due to a manufacturing problem that had contaminated some with an oil residue. The substance prevented the new joint from bonding with patients’ bones. (AP – May 10, 2002)

Defense prevails in first trial over acne drug Accutane

An Oklahoma jury last month delivered a defense verdict in the first trial involving the acne drug Accutane. Plaintiffs around the country claim the drug causes severe depression that can lead to desperate acts. Plaintiffs’ lawyers, who have dozens of Accutane cases either already pending or under review, said the Oklahoma verdict was an "aberration." (Lawyers Weekly USA – May 13, 2002)

Burlington-Northern settles genetic testing suit for $2.2 million

The Burlington-Northern & Santa Fe Railroad agreed to pay $2.2 million to settle a case brought by the EEOC over the railroad’s genetic testing to determine a predisposition to carpal-tunnel syndrome of 36 employees. The employees were part of a pool of workers who had filed disability claims after developing carpal tunnel conditions. (Liability & Insurance Week – May 13, 2002)

Kansas Class action settled for $2.7 million

The City of Wichita, Kansas, has agreed to pay $2.7 million in an out-of-court settlement to resolve a class action suit filed on behalf of over 7,000 persons who were jailed after not paying traffic and misdemeanor fines. The suit challenged the constitutionality of the Municipal Court’s practice of calling people with outstanding tickets or fines to court and then, with no further due process, ordering them to pay or be jailed. The city admitted no wrongdoing and said it had agreed to the settlement to save taxpayers the cost of a trial. (Liability & Insurance Week – May 13, 2002)

$1.6 million settlement in wrongful-death suit

A Rockford hospital and one of its doctors agreed to a $1.6 million settlement in a wrongful-death lawsuit alleging that a woman died of undiagnosed coronary artery disease. Doctors treated the 58-year-old woman for osteochondritis, a soft tissue injury. (Chicago Daily Law Bulletin – May 13, 2002)

$17.5 million settlement for misdiagnosis

A 33-year-old woman reached a $17.5 million medical malpractice settlement after emergency room doctors failed to recognize warning signs of a brain aneurysm and instead misdiagnosed her with a neck sprain. A CT scan and lumbar puncture would have confirmed the aneurysm, and she could have had the necessary surgery. Now, the woman cannot work, and she suffers from speech and memory impairment and limited movement of her left arm. She now lives in a nursing home. (Chicago Daily Law Bulletin – May 16, 2002)

Girl’s family gets $1 million

The parent’s of a 20-month-old girl who suffered third and fourth-degree burns at a July 1997 picnic sponsored by the Chicago Police Department will get $700,000 from the City of Chicago under a settlement agreement. The girl suffered severe burns on the lower half of her body after slipping on a pile of hot charcoal dumped on the ground by an off-duty police officer. The event was held to foster police-neighborhood relations. The officer’s homeowner’s insurance policy is paying $300,000. (Chicago Sun-Times – May 22, 2002)

Heart drug suit settled for $10 million

A 79-year-old man reached a $10 million settlement with the drug company American Home Products. He sued them for manufacturing the heart drug Cordarone and alleged it damaged his vision. A trial was set to start in Cook County Circuit Court. The man took Cordarone for his irregular heart rhythm. (Chicago Sun-Times – May 23, 2002)

DuPage family settles water suit for $10 million

Lockformer Co. agreed to pay $10 million to settle a federal class-action lawsuit brought by nearly 200 DuPage County families who said a toxic solvent from the nearby plant contaminated their drinking water. The settlement will provide enough money for residents to abandon wells that were contaminated with the solvent trichloroethylene and connect to untainted municipal water systems. (Chicago Sun-Times – May 23, 2002)