The verdict, which is just shy of the record medical malpractice damage award in that region and the highest for any birth injury case, followed a month-long trial in which the boy’s guardian sued the University of Chicago Medical Center and several doctors, asserting the mother’s physicians didn’t timely recognize or act on the signs of distress that should have prompted an emergency cesarean section during her labor and delivery.

According to news reports and court records of the case, plaintiff was full term, at 40 weeks into her pregnancy, when she came to the hospital around 2 a.m. She reported the baby’s movement had slowed significantly, which is a sign of fetal distress. Unfortunately, as her lawyers would later outline at trial, the hospital at that hour is run by student residents. Evidence was presented that showed the students were either occupied, asleep or unable to handle this level of an emergency. Tests conducted as soon as she was admitted immediately showed the unborn child was in fetal distress. Yet for 12 hours, she essentially went unattended by doctors when what was needed was an emergency C-section. 

Lawyers presented evidence showing the child basically was suffocating inside the womb during that time. When he was finally delivered, the boy was not breathing. He was rushed to the neonatal intensive care unit (NICU). He was ultimately revived, but he was on life support. It was touch-and-go for weeks, as he remained in critical condition.

The lack of oxygen to his brain during that time resulted in a condition known as cerebral palsy. He requires around-the-clock care. He is unable to to perform basic tasks, such as bathing, eating and dressing.

Doctors at the hospital reportedly told the mother his condition was due to hypoxia, which is a lack of oxygen. However, they did not reveal who might have been responsible for this. Later, they told her his brain injury was from a totally different condition.

The hospital contended the mother was treated for an infection, which could also be a potential cause of cerebral palsy, and insisted the boy had normal blood-oxygen levels when he was born.

Plaintiff’s attorneys dismissed that notion outright, saying every doctor who has treated him over the course of his life has diagnosed him with the same thing: Asphyxia, birth injury, birth asphyxia. Meanwhile, he said the hospital presented three doctors who testified that “suddenly there was a secret infection” that the mother was never told about.

The amount awarded to the family might have been less had the hospital agreed to negotiate. However, defendant hospital reportedly refused to engage in settlement talks. A hospital spokeswoman disputed that claim, saying they did engage in negotiations both before and during the trial.

Although the amount of $53 million may sound like a lot, it’s by no means a windfall when you consider the amount of care this boy is going to need for the rest of his life. The majority of the money was awarded for past and future medical expenses, based on what it has already cost and will cost to care for him 24 hours a day for the next 65 years.

If your child has been the victim of a birth injury in Miami, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

$53M verdict for birth injury, June 30, 2016, By Lauraann Wood, Chicago Daily Law Bulletin

More Blog Entries:

Maree v. Neuwirth – Nursing Home Neglect Lawsuit to Proceed With Additional Defendants, June 20, 2016, Miami Birth Injury Lawyer Blog

It is alleged that a small but disastrous error on the pill bottle caused Smith’s death. This case marks the fourth trial regarding a pharmacy error that resulted in a fatality since September 2006 for Walgreens, the country’s largest drug store chain in terms of sales and profits. In the three prior trials, which occurred in Illinois, Arizona and Florida, jurors reached verdicts in excess of $61 million against Walgreens, which is based in Illinois.

Walgreens has disputed the three verdicts and has made a motion to dismiss the court complaint filed by lawyers for Smith’s family. Nevertheless, the cases could adversely affect the image for Walgreens, which describes itself as “The Pharmacy America Trusts.” According to the complaint, Walgreens neglected to create a system that was likely to serve as a preventive measure against prescription errors.

In the September 2006 case in Cook County, Illinois, the jury rendered a judgment of $31 million against Walgreens for the death of 79-year-old Leonard Kulisek. A Walgreens pharmacist gave Kulisek the wrong drug instead of his gout medication. The pharmacist gave him Glipizide, a drug used to treat diabetes, which caused his kidneys to deteriorate and compelled him to have regular dialysis, causing his health to undergo a fatal decline. The pharmacist subsequently admitted that he had been abusing prescription painkillers.

Although it has been reported that pharmacy errors do not occur very frequently, the fact that they occur at all and can result in death, is very alarming. Such errors may prompt some people to check their prescriptions after picking them up to ensure that they are receiving the correct medication.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

It is alleged that a small but disastrous error on the pill bottle caused Smith’s death. This case marks the fourth trial regarding a pharmacy error that resulted in a fatality since September 2006 for Walgreens, the country’s largest drug store chain in terms of sales and profits. In the three prior trials, which occurred in Illinois, Arizona and Florida, jurors reached verdicts in excess of $61 million against Walgreens, which is based in Illinois.

Walgreens has disputed the three verdicts and has made a motion to dismiss the court complaint filed by lawyers for Smith’s family. Nevertheless, the cases could adversely affect the image for Walgreens, which describes itself as “The Pharmacy America Trusts.” According to the complaint, Walgreens neglected to create a system that was likely to serve as a preventive measure against prescription errors.

In the September 2006 case in Cook County, Illinois, the jury rendered a judgment of $31 million against Walgreens for the death of 79-year-old Leonard Kulisek. A Walgreens pharmacist gave Kulisek the wrong drug instead of his gout medication. The pharmacist gave him Glipizide, a drug used to treat diabetes, which caused his kidneys to deteriorate and compelled him to have regular dialysis, causing his health to undergo a fatal decline. The pharmacist subsequently admitted that he had been abusing prescription painkillers.

Although it has been reported that pharmacy errors do not occur very frequently, the fact that they occur at all and can result in death, is very alarming. Such errors may prompt some people to check their prescriptions after picking them up to ensure that they are receiving the correct medication.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The plaintiffs, Alizabeth and Elvin Hana, received an award of $1.35 million in compensatory damages because their daughter was born with a brain injury, the cause of which was oxygen deprivation. She died three years later.

For the last 10 years, ISMIE has been embroiled in 25 cases concerning bad faith. The Hanas filed a lawsuit naming their obstetricians, emergency room physicians and Rush North Shore Hospital as defendants. They reached a settlement in the amount of $1.5 million with the hospital and ER doctors.

In 2009, the jury rendered an award of $6.17 million against the obstetricians, Albert and Joyce Chams. However, the judgment was limited by their malpractice policy with ISMIE, which was capped at $3 million for the death, and $2 million for the mother’s claim of injury.

According to the plaintiffs’ attorney, the plaintiffs had the option of pursuing the personal assets of the obstetricians, but instead, chose to file the bad-faith claim against ISMIE. The lawsuit alleges that in an attempt to safeguard its legal and financial interests, ISMIE deceived the Chamses regarding the amount of insurance coverage that was available to cover the wrongful death claim, and hid from them a settlement offer from the parents that would have diminished the Chamses’ financial risk. The plaintiffs’ attorney stated that ISMIE had a duty to the physicians to negotiate in good faith on their account.

If you or someone close to you was injured due to the medical malpractice of a doctor or other health care professional, you should consult a medical malpractice attorney.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The lawsuit states that Culbreath lived at the facility from July 12, 2012, until her demise on Jan. 21, 2015, with sporadic hospital stays. The suit alleges that she fell and sustained closed head wounds on Oct. 8, 2013, and suffered a seizure disorder due to her injuries. The lawsuit also accuses the nursing home staff of carelessness with regard to Culbreath’s fall, which resulted in severe and permanent injuries, disfigurement, disability and pain and suffering. Williams seeks damages in excess of $50,000.

Wrongful death lawsuits are frequently filed in cases arising out of abuse or neglect by nursing home staff and other situations involving elder care. Such abuse committed by nursing home workers can be willful or a result of negligence.

Those who are permitted to file wrongful death lawsuits are referred to as “real parties in interest,” and can include spouses, children of the deceased and parents of an unmarried child. Depending on the state in which you live, they can also include those who were previously economically dependent on the deceased, such as “putative spouses,” or people who thought that they were legally married to the deceased, and life partners. In addition, more distant members of the family, such as siblings or grandparents, may be allowed to file a wrongful death lawsuit. Some states even allow anyone who has suffered a financial loss to bring a wrongful death claim.

If you know someone who has suffered an avoidable death due to the willful misconduct or negligence of a person or entity, you should consult a wrongful death attorney.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

In 2014, there were fewer fatalities from car accidents in Illinois than in nearly a century. The total of 910 traffic deaths was the lowest recorded since 1921. However, preliminary data from the Illinois Department of Transportation (IDOT) indicate that fatalities are likely to increase in 2015. As of Nov. 5, the department reported 835 traffic deaths, an increase from 791 as of the same date in 2014.

The change from year to year in the death toll from car accidents is affected by many factors. Although snow and ice on roads makes driving more dangerous, traffic accidents are actually often reduced during a harsh winter, because fewer people are on the roads. This may have accounted for the record low number of fatalities for 2014. Another factor, the recent decrease in the price of gasoline, has led to more people driving, a possible factor in the projected increase in fatalities in 2015.

Even if 2015 ends with a greater number of roadway deaths than last year, the long-term trend of reduced traffic accidents is expected to continue. Illinois has seen fewer than 1,000 traffic deaths each year since 2009, while just ten years ago, the number of fatalities topped 1,300, and in 1995 there were over 1,500 traffic deaths. Experts say that trend is attributable to safer vehicles being made, and highway deaths will likely stay low and even drop further as safety innovations continue.

State safety officials said that changes such as rumble strips on roads, barrier systems and more guardrails had also made a positive impact. In addition, the 2013 ban on using handheld electronic devices while driving has likely resulted in fewer accidents, officials said.

In 2013, the most recent year for which complete information is available, there were 285,477 total car accidents in Illinois, an increase from 274,111 in 2012, according to IDOT. Nearly half of the accidents took place in Cook County, including 250 fatalities. That’s about the same number of fatalities as the year before, but 5,869 more crashes. In Illinois overall, about one-third of the 895 fatal crashes in 2013 involved alcohol, and excessive speed was a contributing factor in one third of the fatal crashes as well.

Paul Greenberg is a Chicago wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Marciela Ruiz has filed the suit on behalf of her three late family members, Elizabeth Peralta-Luna and her children (a girl, age 9, and a boy, 4). Ruiz is accusing Monson and Sons Inc., a trucking company, and Zachary Barngrover, the driver of the truck with neglience. The lawsuit was filed in Cook County.

The accident took place March 6, 2015. According to the complaint, the woman and her children were walking to a bus stop in the Back of the Yards neighborhood when they were hit by a semitrailer driven by Barngrover. The plaintiff’s attorneys say that the three had just left a mobile technology store, where Peralta-Luna purchased a cellphone for her daughter. Also according to the plaintiff’s attorneys, the lawsuit was filed (somewhat unusually) quickly in order to gain access to evidence and enable subpoenas to be issued. The lawsuit seeks damages in excess of $50,000.

According to authorities, Bargrover hit the victims while making a left turn onto Ashland Avenue from 43rd Street. Upon arrest, he was cited for making an improper left turn and failing to exercise caution with a pedestrian in the roadway. He was released with a promise to appear in court. A police investigation is ongoing.

Paul Greenberg is a Chicago work accidents and wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The family of Ryan Flannigan, 26, filed the lawsuit against Michael Platt, 35. Authorities said that Platt punched Flannigan on the night of July 18, outside of Pop’s Bar and Grill in Palatine. According to witnesses, Flannigan was attempting to defuse an altercation. Police said Platt’s attack was unprovoked. Flannigan died 10 days later. Platt was charged with first degree murder and is free on bond.

Trazom Inc., the corporation that owns Pop’s Bar and Grill, was also named as a defendant, under the Illinois Dram Shop Act, which provides for the liability of a business that continues to serve a patron who is intoxicated. According to the lawsuit, the bar also failed to protect Flannigan. The family seeks in excess of $50,000 in damages.

The Flannigan family’s attorney said that discovery in the case would proceed during the pendency of the criminal case, but the wrongful death lawsuit will likely not be resolved until the conclusion of the criminal case. If convicted, Platt faces up to 60 years in prison.

Bob Briskman is a wrongful death lawyer in Chicago, IL with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

In one such case, it appears as though the plaintiff may have been represented, as there was very specific language regarding the nature of the limited liability waiver which she signed.

In the case, Watford v. Cowart, Dist. Court, MD Ga. (2013), the parties were involved in a car accident in Cook County, Georgia. Following the accident, the plaintiff filed suit, seeking damages for the injuries she alleges were caused as a result of the defendant negligently and recklessly operating her vehicle. Plaintiff’s initial complaint sought general damages, special damages, punitive damages, and attorney’s fees and costs pursuant to Georgia State Law.

In responding to the plaintiff’s suit, the defendant admitted liability, stating that she did negligently operate her vehicle, and essentially acquiesced to the plaintiff’s allegations. Defendant had an automobile liability insurance policy at the time of the accident, with a coverage limit of $300,000. The plaintiff was also insured under a separate policy, which provides uninsured motorist coverage.

Sometime later during the course of the suit, in exchange for a payment of the liability policy limit of $300,000, the plaintiff executed a limited liability release pursuant to relevant Georgia law, which stated in relevant part that she settled her claims against the insurer and granted a limited release for “ PERSONAL INJURY AND BODILY INJURY ONLY. NOTHING CONTAINED IN THIS RELEASE WILL BAR OR PREVENT THE UNDERSIGNED FROM PROSECUTING A CAUSE OF ACTION FOR PROPERTY DAMAGE AGAINST THE INSURER AND LIMITED RELEASEES.”

The main purpose of phrasing the limited release in that way was so that the plaintiff could proceed with a claim under her uninisured motorist policy. However, it also had the effect of precluding everything else she was seeking in the case.

The defendant filed a motion for summary judgment in regards to the plaintiff’s claims for punitive damages and attorney’s fees, and sought a setoff of $300,000, should a jury verdict grant plaintiff an award in excess of that amount. Defendant also sought to clarify that plaintiff could not reach her personal assets.

The court granted the defendant’s motion, finding that, because the release did not specifically retain the ability to pursue punitive damages or attorneys fees, but did retain the potential for property damage, the release acted to relieve any of the claims that were not specifically carved out.

Additionally, the court found that the language of the release relieved the defendant from any personal liability, and thus the plaintiff could not pursue the defendant’s personal assets in securing damages. Essentially, the court found, the only judgment that the plaintiff could enforce would be against her own uninsured motorist policy.

If you have been involved in a car accident in Atlanta that caused you personal injuries, and you believe that the other driver was responsible for driving negligently, contact the Atlanta Personal Injury Lawyer, Stephen M. Ozcomert. As one of the most sought-after personal injury attorneys in the state, Mr. Ozcomert combines over 20 years of litigation experience and caring dedication to provide you with the best possible legal representation. Do not rely on insurance adjusters to protect your best interests; their only goal is to settle as quickly and for as little as possible Contact us today by calling (404)-370-1000 in order to schedule your free initial consultation, or you can reach us through our website.

More Blog Posts:

Georgia Court of Appeals Case Demonstrates Importance of Acting Quickly Following Trucking Accident, Atlanta Personal Injury Lawyer Blog, published December 11, 2013

Default Judgment in Georgia Car Accident Cases, Atlanta Personal Injury Lawyer Blog, published December 4, 2013

Fanny Roy Veilleux’s father Jean-Guy Veilleux, a resident of Lac-Megantic, allegedly died in the train crash. The minor girl’s guardian, Annick Roy, filed the lawsuit in Cook County against Montreal Maine, the railroad operator. World Fuel Services Corp. is also named as a defendant.

The lawsuit accuses the defendants of negligence in failing to keep the oil tankers compliant with reasonable safety standards. According to the complaint, problems with the tankers, known as DOT-111s, have been well-documented. The lawsuit alleges that the railroad and petroleum industries were aware of design flaws in the tanker cars and failed to take action to address the danger of the cars rupturing.

According to the lawsuit, the tanker cars were of the same type that ruptured in Cherry Valley, Illinois in 2009, spilling 324,000 gallons of ethanol. The complaint alleges that the DOT-111s in the current lawsuit did not have safety improvements that were recommended by the National Transportation Safety Board.

A class-action lawsuit was filed earlier in Quebec Superior Court on behalf of residents of Lac-Megantic.

Paul Greenberg is a Chicago wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.