Vested Interest - Tort Briefs - October 2002 Issue

$19.4 million Settlement for Brain Hemorrhage

A $19.4 million settlement has been reached between a hospital and some of its doctors, and a patient who suffered a brain hemorrhage after undergoing a procedure to relieve bleeding that caused pressure on his brain. The patient, a man who was a former investment broker, can no longer work, suffers speech impairment and mild hemiparesis as a result of the hemorrhage. (Chicago Daily Law Bulletin – August 19, 2002)

Federal Vaccine Act Kills Suit

An 8-year-old girl, harmed by a vaccine she received as a newborn, can’t sue the vaccine’s manufacturer in state court, because her mother failed to comply with the requirements of a federal no-fault liability law. Under 1992’s National Childhood Vaccine Injury Act, a child must file suit in the U.S. Court of Claims within three years of the first appearance of symptoms to recover damages. (ATLA L@w News Digest, August 22, 2002)

Rhode Island to try First State Suit over Lead Paint

The first state action seeking to hold the paint industry accountable for health hazards caused by lead paint used decades ago is about to go to trial. Instead of seeking compensation for injuries suffered by individuals exposed to lead, the state of Rhode Island is pursuing the novel claim that lead paint manufacturers and distributors created a public nuisance. (ATLA L@w News Digest - August 22, 2002)

Jefferson County jury awards $11 million

A Jefferson County, Illinois, jury awarded $11 million in the case of a 4-year-old boy who suffered injuries during birth at Good Samaritan Health Center in Mount Vernon. The verdict is the highest ever reported in Jefferson County. The boy has permanent brain damage and cerebral palsy. Plaintiffs alleged that several errors occurred during delivery, although they there not disclosed because the hospital admitted liability before the trial began. (Chicago Daily Law Bulletin – August 30, 2002)

$13 million Malpractice Award to Child

A child who suffered severe brain damage when given an improperly mixed intravenous solution as an infant has been awarded $13 million in a settlement with Evanston Hospital. The child was born prematurely but was progressing when hospital personnel gave him a solution of sodium chloride when he was 3 weeks old. The child now suffers from cerebral palsy, weakness in all four limbs and spastic muscles. The child has the cognitive ability of a 1-year-old although he is now 4. He requires round-the-clock care. (Chicago Sun-Times – September 5, 2002)

Baxter Settles in Kidney Deaths

Baxter International Inc. said it has settled with most of the families of kidney dialysis patients who died last year after using the company’s dialysis filters. The settlements include payments to families of four U.S. patients, and settlements have been reached with most of the families of 21 kidney patients in Croatia. Baxter received high marks for its fast response after the deaths of more than 50 patients in seven countries were linked to its products. Baxter admitted that its products may have caused the deaths and held the company’s top executives accountable by cutting their pay. (Chicago Tribune – August 24, 2002)

Allergy Drug Maker hit with Default Judgment

In the first verdict of its kind, a drug company has been ordered to pay $20.5 million in damages to a woman who suffered a stroke after taking non-prescription allergy medicine containing "phenylpropanolamine," or PPA. There was no defense at trial. PPA is a decongestant formerly used in a number of common cold, allergy and diet medications, including Acutrim, Allerest, Alka-Seltzer Plus, DayQuil Allergy Relief, Dexatrim, Dimetapp and Tavist D. (ATLA L@w News Digest – August 29, 2002)

$1.8 million Settlement in Wrongful-Death

A Cook County judge approved a $1.8 million wrongful-death settlement in a lawsuit alleging that nurses failed to monitor a 69-year-old man after total knee replacement. Plaintiffs alleged that nurses gave the man a large dose of a narcotic pain medication, then failed to monitor him. He went into respiratory arrest, and suffered brain damage. He died less than two months later. (Chicago Daily Law Bulletin – August 30, 2002)

$2.3 million Wrongful Death Settlement

A Cook County judge approved a $2.3 million wrongful-death settlement in the case of a 20-year-old woman who died after three doctors allegedly failed to diagnose an acute sickle cell attack that sent her to a hospital four times. A few weeks before suffering the sickle cell pain crisis, the woman was diagnosed with sickle cell anemia. (Chicago Daily Law Bulletin – August 23, 2002)

$5 million Wrongful-Death Settlement

Loyola University Medical Center, on behalf of one of its former doctors, will pay $5 million to settle a lawsuit arising from the death of a 41-year-old man following a gastric banding procedure, which tightens the stomach muscles to deter over-eating. Following the procedure, the man lost weight but experienced pain. When the band was removed, the man developed a blood clot and sepsis. (Chicago Daily Law Bulletin – September 4, 2002)

$5.5 million Settlement for Paralysis

A 67-year-old woman who was paralyzed after undergoing kidney surgery received $5.5 million from Loyola University Medical Center. She suffered a spinal cord injury and was paralyzed from the waist down after the operation. She is in a wheelchair and requires round-the-clock care. (Chicago Sun-Times – September 5, 2002)

$1.6 million in Wrongful-Death Settlement

A Winnebago County Circuit judge approved a $1.6 million settlement in a lawsuit brought by the estate of a woman who died after doctors working at a Rockford hospital allegedly failed to diagnose cervical cancer in its early stages. Plaintiff’s attorney claimed that doctors failed to correctly interpret three consecutive abnormal pap smears, leading to the death of the 38-year-old wife and mother. (Chicago Daily Law Bulletin – September 5, 2002)

Judge Grants Class Action in Wal-Mart Contraceptive Suit

A federal judge in Atlanta has granted class action status to a lawsuit that claims Wal-Mart discriminates against women by denying insurance coverage for birth control. The U.S. District judge ruled that all women working for the nation’s largest retailer after March 2001 who were using prescription contraceptives can pursue claims against the company. (ATLA L@w News Digest – September 5, 2002)

$400,000 verdict Against Gun Owner

A Jefferson County, Missouri, jury has awarded $400,000 in a suit against a gun owner who failed to safeguard a gun that was used by one of his adult sons to shoot and kill his own brother. (ATLA L@w News Digest – September 5, 2002)

Cancer Victim awarded $20 million

A manufacturer of asbestos-containing flooring must pay $20 million to a woman who developed mesothelioma as a result of being exposed as a child to asbestos fibers brought home on the clothing of her father, who worked for the defendant. The award included $3 million to the woman’s husband for loss of consortium. Before the final phase of the trial, the defense agreed to settle for $19,500,000 in exchange for a waiver of punitive damages. (ATLA L@w News Digest – September 12, 2002)

Microsoft Suit a Class Action

A lawsuit alleging that Microsoft established a monopoly, stifled competition, and overcharged Florida consumers has been granted class action status by a Miami-Dade circuit judge. In the suit, several Florida consumers allege that Microsoft violated the Florida Deceptive and Unfair Trade Practices Act by using its monopoly in the operating system and software markets to choke off competition and charge buyers inflated prices. (ATLA L@w News Digest – September 12, 2002)

Ruling Lets People Sue State Agencies

The Ohio Supreme Court stripped a protection from state law that has long shielded government from liability lawsuits. In a 4-3 ruling, justices said that the families of victims in the deadly 1996 fire at a southern Ohio fireworks store can sue the state fire marshal for negligence. Until recently, the "public-duty rule" prevented an individual from suing government for breach of duty unless the plaintiff could prove that an agency was legally required to protect the individual from harm. However, the court majority said the doctrine is incompatible with a requirement that government liability be based on the same rules that guide lawsuits between private individuals. (ATLA L@w News Digest – September 12, 2002)

Jury Tells CTA: Pay Injured Bike Rider $2.6 million

A Cook County jury returned a verdict mostly in favor of a man whose bicycle collided with a CTA bus in 1998. The bike rider was held 25 percent responsible for the accident, and a $3.5 million award was reduced accordingly, to $2,625,000 for the plaintiff. The plaintiff suffered a head injury and brachial plexus nerve damage to his left arm. He was awarded damages for loss of a normal life, medical treatment, and pain and suffering, but the jury awarded him nothing for disfigurement and future harm. (Chicago Daily Law Bulletin – September 12, 2002)