Articles Posted in Wrongful Death

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An Illinois medical malpractice lawsuit was decided by Chicago Federal District Court Judge Robert M. Dow, Jr., who awarded $3.75 million to the child’s surviving family. The case had been brought in federal court versus an Illinois state court because the defendant physician was employed by a government operated facility, which brought the case under federal jurisdiction.

The case involved a 13 year-old girl who had presented to her physician with sinusitis, which the physician failed to diagnose. Following the bench trial, Judge Dow concluded that had the sinusitis been diagnosed that it probably would not have developed into bacterial meningitis, which would have increased her chance of survival.

Prior to seeing her physician, the girl had been seen at a hospital emergency room. However, the defendant physician failed to review these records when treating the girl, which the judge found to be a breach of the required standard of care. Furthermore, the physician failed to question the decedent as to the degree of her headaches, which would have been a key piece of information in diagnosing the severity of her symptoms. No antibiotics were prescribed to the girl to aid her in fighting off her infections.

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A $2 million settlement was awarded to the family of a 58 year-old man who died when his lung cancer went undiagnosed. The Illinois wrongful death lawsuit was filed against the decedent’s family practice physician and an emergency medicine physician who provided treatment at Alexian Brothers Medical Center. The Cook County settlement was reached before this failure to diagnose cancer case went to trial.

The decedent’s estate claimed that the Alexian Brothers emergency room physician had misread a chest x-ray taken of the decedent. However, the same film was correctly interpreted by a radiologist the following day as showing a lesion on his lung. The hospital failed to notify the decedent regarding the discrepancy in the interpretation. The decedent’s family physician became involved in the malpractice after receiving a faxed copy of the correctly interpreted radiology report, but still failed to notify the patient of the relevant findings.

As a result of the incorrect reading the man’s lung cancer went undiagnosed for 13 months. Because of the lengthy delay when his lung cancer was eventually diagnosed it was in Stage IV, giving him an extremely poor prognosis. The decedent died about three years after the initial emergency room visit.

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New modifications to the Illinois Wrongful Death Act now allow victims of a wrongful death to recover damages related to grief, sorrow, and mental suffering. This new addition applies to any Illinois wrongful death case that occurred after June 1, 2007.

Prior to the passing of the recent amendment, wrongful death victims were only allowed to recover for pecuniary losses such as the loss of decedent’s society. Under the loss of society claim the plaintiff may claim damages for the loss of the benefits from the decedent’s love, affection, care, attention, companionship, comfort, guidance and protection.

And while the new amendment allows plaintiffs to claim additional losses associated with their loved one’s wrongful death, there is now the requirment of proving and assessing the value of one’s grief, sorrow, and mental suffering following the death of a loved one.

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Last year our law firm reviewed a tragic Chicago medical malpractice case involving the death of a 28-year-old mother of three. While the facts seemed to point towards medical negligence as a contributing factor of the young woman’s death the medical records did not reveal a clear cut cause of death.

I remember the first conversation I had with the decedent’s husband, which took place shortly after her sudden death. During that conversation we discussed whether or not an autopsy should have been ordered. In my opinion whenever the cause of death seems unclear or suspicious it is wise to have an autopsy performed. However, in this case the woman’s surviving family members opted not to get an autopsy done.

Sadly, in this young woman’s case the real cause of death was never determined. While the medical records were reviewed by both a pathology expert and an infectious disease physician, neither were able to point to a definitive cause of death without an autopsy report. However, both physicians ruled out the causes of death listed on her death certificate, making the case even more of a mystery. Yet without any clear evidence there was nothing that could be done from a medical malpractice standpoint.

Would an autopsy have revealed the true cause of her death? Would it have shown something the doctors overlooked? Could the doctors have done something to prevent her untimely death?

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When 16 year-old Illinois resident Hancock began making a left-hand turn at an intersection she did not see a tractor-trailer coming towards her. When the truck struck her car it was going approximately 10 m.p.h. over the speed limit. Hancock and her 16 year-old passenger were fatally injured in this Illinois trucking accident.

Any time a car is involved in a truck accident the results can be disastrous, as they were here. No matter how safe and reliable your car is, when it’s up against a tractor-trailer the odds are against you.

The teenagers’ parents brought a claim against both the truck driver and his employer, alleging that he failed to obey the proper speed limit and had gone over his allotted hours of service that week according to federal law.

The defendants responded by filing an Illinois wrongful death claim with allegations that Hancock had not stopped at her stop sign, had not yielded to the right-of-way when making her turn, and did not have her headlights turned on. The defendants also denied that the truck driver was their agent.

Both sides had accident reconstruction experts to support their liability claims and demonstrate to the jury how the accident may have taken place. The purpose of these experts is to give the jury an understanding of who was at fault for the accident. After deliberation the jury decided that the defendant truck driver was 60% liable and that Hancock was 40% liable for the accident.

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Chicago U.S. District Court Judge granted summary judgment in favor of the City of Chicago, dismissing the case brought against two Chicago police officers who ran over two young Chicago children. When it hit the children the officers’ unmarked car was driving at high speed with no lights or flashers.

The suit claimed that the City of Chicago and its two officers violated the children’s right to substantive due process under the 14th Amendment to the U.S. Constitution. The issue before the court was whether an Illinois auto accident caused by reckless driving forms the basis for constitutional liability under the substantive due process clause.

According to Judge Hibbler, the U.S. Supreme Court has held that recklessness in such a situation is not enough. The rule of thumb for establishing the threshold in a substantive due process challenge comes for the ruling in County of Sacramento v. Lewis, 523 U.S. 833 (1998): whether the behavior “is so egregious, so outrageous that it may fairly be said to shock the conscience.”
Under Hill v. Shobe, 93 F.3d 418 (7th Cir. 1996), it was held that reckless driving alone was not enough cause to impose liability under the due process clause. Furthermore, Lewis ruled that a high speed chase without the intention of causing harm does not meet the level of shocking one’s conscience.

Judge Hiller further reviewed the facts of the current case to determine whether the two police officers had intended to harm the two children. Evidence supported that the officer driving was indeed reckless when he struck the children. At the time the officers were speeding down the wrong side of the street with neither their lights or sirens on in an area near a school zone. According to the officers they were chasing a man with a gun. Yet Hiller felt that there was evidence to support the victims’ family’s claim that the officers were in fact avoiding traffic and there was no man with a gun. One of the boys struck by the police officers died, the other survived.

But while there was ample evidence to support the officers’ reckless behavior, there was no evidence that they had intended to harm the two children. Therefore Hiller reluctantly ruled in favor of the City of Chicago’s summary judgment and dismissed the case. However, Hiller did recommend to the family that they appeal to the 7th Circuit Court of Appeals in Chicago for further review of the due process claim. That perhaps the Appeals Court would review whether the recklessness shown in the present case would be enough to shock the conscious and thereby violate the substantive due process clause.

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The parents of 8-month-old Joshua Flax filed suit against DaimlerChrysler after their son was killed in a car accident involving their 1998 Dodge Caravan. The wrongful death case centered on the allegedly defective design of the minivan’s front seat backs. Jeremy Flax, et al. v. DaimlerChrysler Corp., et al.

Joshua Flax was in the back seat of the minivan when it was rear-ended. The impact caused the front seat to collapse and its passenger to strike Joshua in the head, fracturing his skull. No other passengers were seriously injured and all parties agreed that Joshua was only fatally injured because of the product liability of the collapsed seat.

In late 2004, a jury found DaimlerChrysler’s seats to be defective and unreasonably dangerous, awarding a total of $105,500,000 to Joshua’s parents. This amount was later reduced, but the verdict was upheld all the way through the Supreme Court.

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The Illinois Supreme Court handed down a controversial decision interpreting the Illinois Wrongful Death Act. The Illinois wrongful death case, Williams v. Manchester, 2008 WL 879036 (Ill Sup Ct), involved a pregnant woman, the plaintiff, Michelle Williams, who was 10.5 weeks pregnant when she was seriously injured in a car crash in Chicago.

Because of her injuries, doctors advised that her own health was at risk if the uninjured unborn child was not aborted. The legal issue was whether or not Ms. Williams could bring an Illinois wrongful death suit against the wrongdoer for the death of her child. The court held that she may not because the crash did not injure the child. The reasoning went on to state that if the unborn child had survived, there would be no case to bring for lack of injuries (damages).

The Illinois wrongful death case filed in the circuit court ended on summary judgment in favor the defendant. A divided panel of the Illinois Appellate Court reversed the lower court decision giving rise to the appeal accepted by the Illinois Supreme Court.

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Loyola University Medical Center was held liable by a Cook County jury in 2006 for “institutional negligence” involving the unsuccessful heart transplantation attempt of Carl Longnecker, the plaintiff decedent. The hospital was held liable for not ensuring that a doctor understood his role on the heart transplant team. At the same time the jury found that the same doctor, also named as a defendant, was not guilty of Illinois medical negligence.

Longnecker had been waiting for a transplant for 14 months when he was notified that a heart had been found for him. Dr. Parvathaneni was responsible for obtaining that heart and getting it to Loyola, where the transplant would be performed. According to surgeons at Loyola, Parvathaneni played a crucial role in the process in that they relied on his inspection and evaluation when they accepted and used the heart. Dr. Parvathenani testified that he was unaware that he needed to perform a detailed assessment of the heart, but just was responsible for getting it to Loyola quickly. So when it became evident that the heart had significant disease and allegedly never functioned after its removal the question was who was responsible.

The transplant surgeons decided to go ahead with the surgery, stating that they needed to go ahead with the transplant of the diseased heart because Longnecker’s own heart had already been removed. However, it should also be noted that the doctors could have used an artificial heart in this case. Longnecker never regained consciousness after the surgery and died several days later.

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The $2.5 million Illinois wrongful death verdict handed down by a Cook County jury last week was not only the largest in Cook County for a person 90 years or older, but now stands as the largest in Illinois for anyone of that age group that has been injured or killed.

Ms. Grochis was struck by a car crossing the street at Grand Avenue and 73rd Street in Elmwood Park, IL. Because she survived after being dragged 25 feet by the defendant’s car, she was awarded $1 million for pain and suffering. The jury also awarded an additional $1.5 million for the wrongful death of Ms. Grochis, who lived independently, still handling her own shopping and errands, and used public transportation to get around. She was survived by two children ages 56 and 52, along with several grandchildren and great-grandchildren.

This Cook County wrongful death verdict is reflective of a change in jury attitudes. There had been a tendency among jurors to perhaps discount or hold down the verdict to much lower levels because of the advanced years of the plaintiff. Typically when there has been either advanced years or a perceived life expectancy reduction the verdicts are on a significantly lower scale then the Grochis verdict.

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