Vested Interest - Tort Briefs - November 2001 Issue

Judge approves $3.2 million medical malpractice settlement

A Cook County judge approved a $3,215,000 settlement in the case of a woman who's kidneys failed because of medical malpractice. Plaintiff’s argued doctors failed to properly monitor her kidney function after prescribing lithium, a drug potentially harmful to the kidneys. Her kidneys failed, and she is currently on dialysis awaiting a transplant. (Chicago Daily Law Bulletin – September 14, 2001)

Tort immunity shields park district from $1.55 million verdict

A 1st District Appellate Court vacated a $1.55 million jury verdict against the Chicago Park District and then entered a judgment notwithstanding the verdict in the park district's favor. The verdict resulted from the drowning of a 13-year old at a district swimming pool. The court issued a published opinion based on a request by the park district citing “There are other [similar cases] pending in the Circuit Court…Without publishing this order as an opinion, those cases may unnecessarily go to the jury as well.” The panel wrote “The defendant is immune from liability because it was uncontroverted that two lifeguards were present on the pool deck.” (Chicago Daily Law Bulletin – September 14, 2001)

Genetic disorder not diagnosed;$8 million settlement

An $8 million settlement was reached in a case of a man who lost 75 percent of his lung function before the genetic disorder causing his lungs to deteriorate was diagnosed. He was being treated for asthma. Treated early, Alpha-1 Antitrypsin Deficiency can be slowed and life expectancy extended. (Chicago Daily Law Bulletin – September 14, 2001)

Epileptic wins settlement,

A Maryland epileptic who was refused service access to public buses when she attempted to board with her service dog has reached an undisclosed settlement in a disability lawsuit she filed against county officials. The woman, who carried a Maryland tag identifying her dog as being trained to sense coming seizures and protect her from injury, filed the $10.5 million lawsuit claiming the county bus drivers violated the county’s Human Relations Code, which prohibits discrimination in places of “public accommodations” on the basis of handicap. Drivers had ordered her off buses with the dog because she was not blind and had also refused to let her board buses even after showing them her state tag. (Liability & Insurance Week – September 17, 2001)

$15.4 million award in rollover injury

A jury in Miami ordered Ford Motor Co. to pay $15.4 million to a girl who was paralyzed and suffered brain damage after a rollover accident two years ago. The jury found Ford liable for improperly installing the air valve on the right-rear Goodyear tire of the family’s rented Econoline E-350 van. The jury returned a verdict of $30.7 million, but it was reduced by 50 percent because she was not wearing a seat belt. (Chicago Tribune – September 22, 2001)

New York settles Hell’s angels suit over police raid

New York City has agreed to settle a lawsuit brought by 14 members of the local chapter of Hell’s Angels after police stormed their clubhouse without a warrant. Under the settlement, the second with the local chapter in three years, the city is to pay $194,570 plus attorney fees and expenses in exchange for dismissal of the suit. The police were accused of breaking down the door to the clubhouse and apartments within the clubhouse to search for persons who had beaten two people at a nearby bar. They arrested seven people, all of whom were later released without charges. (Liability & Insurance Week – September 17, 2001)

Ohio jury awards $19.7 million to neighbors of Buckeye Egg Farm

An Ohio jury awarded over $19.7 million, including $15.7 million in punitive damages, to 21 neighbors of Buckeye Egg Farm. The plaintiffs sued Buckeye in 1999 after an ammonia and manure spill, claiming the company had ignored their claims that the spills caused odors, fly infestation and other environmental problems which lowered their quality of life and diminished their property values. (Liability & Insurance Week – September 17, 2001)

Florida jury finds outback steakhouse guilty of discrimination

A jury in a district court in Florida has found Outback Steakhouse discriminated against a former female employee, awarding her $64,000 in back wages, $50,000 in compensatory damages and $2.1 million in punitive damages. The woman was hired in February 1995 as a site development assistant and had started over 100 new restaurant sites before November 1996 when Outback hired a man, with no background or experience, to perform the same duties at twice her salary. The woman complained, was transferred to a clerical position, and was later terminated. She filed a complaint with the EEOC. (Liability & Insurance Week – September 24, 2001)

Ford settles another explorer rollover suit

A day before trial was to begin in Brownville, Texas, Ford Motor Co. agreed to settle a lawsuit brought by the family of a woman who was killed when her Ford Explorer rolled over in 1997. The amount wasn’t disclosed. Lawyers for the family blamed design of the Explorer, with its high center of gravity. They settled earlier with Bridgestone/Firestone Inc., which they had sued on grounds the tires were defective. That amount wasn’t disclosed, either. (Liability & Insurance Week – September 24, 2001)

Napster settlement and licensing deal

Song-swap company Napster reached a preliminary settlement and licensing deal with thousands of music publishers who had sued for copyright infringement. Under the proposed settlement with the National Music Publishers’ Association, Napster will pay $26 million for past unauthorized use of music and a $10 million down payment on future royalties. The deal also sets up terms under which songwriters and music publishers can license music to Napter’s coming fee-based service. (Chicago Tribune – September 25, 2001)

$1.2 million settlement for 10-year old heart attack victim

A Cook County judge approved a $1.2 million settlement for a 10-year boy who suffered permanent heart damage after contracting Kawasaki disease as an infant. The boy suffered the heart attack in 1994 at the age of three. Plaintiff’s argued doctors failed to diagnose and treat the disease in 1991, leading to the heart problem. (Chicago Daily Law Bulletin – September 26, 2001)

Family gets $2.8 million for son’s death in storm drain

The family of a 6-year old boy who was swept to his death by water flowing into an uncovered storm drain pipe will receive $2.8 million to settle a wrongful-death lawsuit against the village of Bolingbrook. The boy was sucked into a 15-inch drainage pipe in a neighbor’s backyard after a heavy rain. The suit alleged the village was negligent in not covering the drain and failing to heed complaints about the open drain by residents. (Chicago Sun-Times – September 27, 2001)

GM pays $1.25 million to settle EEOC suit

The EEOC has settled its racial and sexual harassment suit against General Motors Corp. for $1.25 million. According to a consent decree filed in New Jersey District Court, GM did not admit liability but agreed to pay 16 workers who had alleged the automaker violated the 1964 Civil Rights Act by tolerating a hostile workplace. The automaker is also required to tell federal authorities for two years about employee complaints of racial or sexual harassment, any instances of retaliation, and how GM handled the complaints. (Chicago Tribune – September 27, 2001)

$1.375 million slip-and-fall settlement

A Cook County judge approved a $1.375 million settlement in the case of a 45-year old woman whose lower leg was amputated following a slip-and-fall accident. The woman broke her ankle in three places when she slipped on an icy-sloped walkway. A diabetic, the woman suffered complications with the fractures, and her leg had to be amputated below the knee. Plaintiff’s attorney claimed the walkway’s slope violated the applicable building code because there was no flat landing outside the doorway. (Chicago Daily Law Bulletin – September 28, 2001)

Florida settles aftermarket crash parts case with the alliance

The Florida Department of Agriculture and Consumer Services has agreed to settle a lawsuit brought by the Alliance of American Insurers. Under the settlement agreement, the department will replace a notice it issued last year regarding the use of aftermarket crash parts. The Alliance said last year’s notice “mischaracterized the law in Florida and had a chilling effect on the use of generic aftermarket crash parts by Florida’s motor vehicle repair shops,” creating a “phantom standard for generic parts that was impossible for motor vehicle repair shops to comply with.” The department agreed to issue a new notice stressing use of aftermarket crash parts is legal when their identity is clearly disclosed in repair estimates. (Liability & Insurance Week – October 1, 2001)

$17,000 workers’ compensation settlement

A delivery man, who fractured his wrist while trying to report to work, picked up a check for $17,767.54 to settle a workers’ compensation claim. On his way to work, the delivery man found two Canada geese blocking the entrance. He went to second entrance and found a third goose. The goose flew at his face causing him to trip and fall and break his wrist. (Chicago Sun-Times – October 3, 2001)

Law firms file suit against drug companies over vaccines

A coalition of law firms went to court across the nation trying to force the pharmaceutical industry to study whether vaccines containing a trace of mercury cause autism and other brain damage in young children. The lawsuits were filed as class-actions and led by an Oregon woman who says her 2-year old son became autistic after getting vaccinations containing the mercury-containing preservative, thimerosal. Drug companies did not tell doctors how much mercury was contained in the vaccines until Congress ordered the FDA to find out in 1997. Thimerosal is used as a way to reduce the cost of the vaccine, to preserve large bottles that would be used repeatedly. (Chicago Daily Law Bulletin – October 2, 2001)

Mercury spill cases settled

A $2.25 million settlement between Nicor Gas and the Illinois Attorney General’s office stemming from mercury spills in thousands of area homes won approval from a Cook County Circuit judge. Nicor will reimburse the state’s Environmental Protection Agency $400,000 for its monitoring costs. The remainder of the settlement will be paid out over five years to the state. In a separate action, lawyers who had filed a class-action lawsuit on behalf of homeowners against the utility also announced a tentative $1.4 million deal at the hearing. Nicor will pay $400 to each of the 1,059 owners of homes where contamination was found and will reimburse people 85 percent of their lodging and moving costs for when their houses were cleaned up. (Chicago Sun-Times – October 11, 2001)