$6.5 Million Settlement for Trucking Accident Victims

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1 Fall 2010 $6.5 Million Settlement for Trucking Accident Victims Record Kane County Wrongful Death Settlement Levin & Perconti: Attorneys seeking justice for victims of injury and wrongful death since 1992 PARTNERS Steven M. Levin Co-founder in 1992, lawyer since 1976 John J. Perconti Co-founder in 1992, lawyer since 1982 Susan L. Novosad Lawyer since 1986 Jeffrey E. Martin Lawyer since 1982 ASSOCIATES Michael F. Bonamarte IV Patricia L. Gifford Jordan S. Powell Margaret P. Battersby Scott J. Richard Jason E. Hammond Tina H. Dave EDITOR Jenna Bosco Stock photography by Jill Carlson Representing clients who have suffered serious or catastrophic injuries John Perconti reached a $6.5 million settlement in the Circuit Court of Kane County, IL in a wrongful death lawsuit on behalf of the family of Tabitha Carroll, 32, formerly of East Dubuque, IL. Tabitha died on Oct. 31, 2008, when a tractor-trailer owned by Geils Farms and driven by Jeffrey Repec rearended the pick-up truck in which she, her husband, Randolph Randy Carroll, and 3-year-old son Gabriel were riding. Randy, Tabitha and Gabriel, September 2008 The accident occurred on Halloween day on Route 47 near I-90 in Huntley, IL. Repec was transporting corn products for Geils Farms. The Carroll family was on their way to visit Goebbert s Pumpkin Patch when the collision occurred. Repec failed to see the Carrolls vehicle stop in front of him and collided with their truck from behind at a high rate of speed, pushing and crushing their vehicle into a stopped Illinois Department of Transportation truck. 325 North LaSalle Street, Suite 450 Chicago, Illinois (312) FAX (312) Toll free (877) Tabitha died at the scene of the accident and Randy and Gabriel were airlifted by helicopter to separate hospitals. Randy suffered multiple injuries, including spinal and facial fractures, and respiratory failure. He was hospitalized for a month and was unable to attend Tabitha s funeral because of his injuries. Gabriel suffered head injuries and a laceration across his forehead, resulting in permanent scarring. He also broke both of his legs and wore casts for a month following the accident. The lawsuit was filed in January Our attorneys alleged that Repec operated the semi-truck under the influence of drugs, drove over the speed limit and failed to keep a proper lookout for traffic. Police at the scene found drug paraphernalia and marijuana in Repec s possession, and he later tested positive for marijuana. Repec pled guilty to aggravated driving under the influence of drugs and is serving a 45-month sentence in Illinois Jacksonville Correctional Center. During their investigation, our attorneys found that the farm owners did not randomly drug screen their drivers, violating Federal Motor Carrier Safety Administration regulations. The farm owners also failed to perform background checks on their drivers or obtain copies of each operator s driving records. Additionally, the investigation revealed that the farm violated federal regulations by operating an overloaded semi, weighing more than 80,000 pounds. Continued on page 2 In August 2010, DePuy Orthopaedics recalled thousands of hip replacement systems. Questions about a DePuy hip replacement? Call us. (312) (877) (toll-free)

2 Geils Farms also allowed Repec to operate an unsafe semi-truck. The truck s left rear turn signal was inoperable, five of the 10 brakes were out of adjustment and some of the truck s brake pads were contaminated by oil or grease, making the vehicle unsafe for braking and stopping. The settlement was reached during mediation with all parties present, including attorneys for Repec and Geils Farms. The family received $4.7 million for Tabitha s wrongful death, $1.5 million for Randy s personal injuries and $300,000 for Gabriel s injuries. The editor of the Illinois Jury Verdict Reporter confirmed that this is the largest wrongful death settlement ever recorded in Kane County. Randy and Gabriel now live in Woodstock, IL, and are adapting to life without Tabitha. She was my light, said Randy. She loved being a mom, she loved being a wife. We had all kinds of plans before dreams and hopes and they all just seemed to go away that day. Due to his injuries, Randy can no longer work as a mechanic and is a fulltime dad to Gabe, now age 5. I try to have a nice environment for Gabe, but it s just not the same without Tabi, he said. Randy and Gabriel needlessly lost their wife and mother, and also endured significant personal injuries at the hands of Repec, who should have never been allowed to operate a semi-truck, said John Perconti. This accident would never have happened if Geils Farms had followed federal regulations and properly tested their drivers for drugs and alcohol, John added. Any motor vehicle accident can have tragic outcomes, but the risk for serious injury and death increases significantly when a collision involves a tractor-trailer. That is why it is crucial that truck owners screen their employees and drivers, and operate their trucks responsibly. When they fail to do so, the results are often devastating and catastrophic. The settlements will never make up for the loss of Tabitha and for the injuries suffered by Randy and Gabe, said John. However, the family now has closure knowing that the wrongdoers were civilly and criminally prosecuted and held responsible for their reckless conduct. Excerpts from the article Key to One s Success, featuring Susan Novosad This piece first appeared in the Women in Law supplement of the July 2010 issue of Chicago Lawyer magazine What have been key components in creating a successful personal injury practice? What advice would you have for a young attorney trying to get herself started in personal injury law? The main components I have utilized in creating a successful personal injury practice revolve around two tenets by which I live my life as an attorney: dedication and professionalism. The dedication I have to my clients motivates me to do everything I can to ensure that they receive adequate compensation for injuries they sustained due to the careless acts of others. It is important to have a good mentor who can teach you how to approach various types of personal injury cases. A new attorney must also have a willingness to learn it is most important to listen and absorb what your mentors and peers share with you, along with what your clients tell you. It is [also] important to always convey a professional attitude when working with adversaries and fellow attorneys in everyday business as well as within the confines of the courthouse. I have had the great fortune to grow up as an attorney in a firm that handles a broad range of cases, giving me the opportunity to represent a diverse clientele including children injured at birth, nursing home residents and those seriously injured in automobile accidents. My clients deserve my unending commitment to reconcile the wrongs that have altered their day-to-day existence What advantages are there to being a female personal injury attorney? As a woman a daughter, sister, wife and mother I bond well with my female clients. My personal experiences help me relate to the mother whose child is seriously injured in an accident, yet I also understand the feelings of a daughter whose parent has died due to a physician s mistakes. Attorney Susan Novosad 2

3 Choking in Nursing Homes: Two Different Nursing Homes and Two Deaths Many nursing home residents take medications or have medical conditions that make chewing and swallowing difficult. When a resident has trouble chewing or swallowing, he or she runs an increased risk for choking and may require a special diet or assistance eating. A resident s special dietary needs are determined by his or her physician, and nursing home staff members are obligated to execute these orders. Nursing homes must prepare and serve food to accommodate a resident s special needs. For instance, some residents require soft foods or their food cut into very small pieces. Significant injury or death can occur when nursing homes fail to follow specific dietary plans or supervise residents during mealtime. Often, these accidents happen when nursing homes operate with minimal staff that cannot properly supervise each resident under their care. John Perconti and Patricia Gifford recently settled two choking cases for clients who died because they were given the wrong food and were not supervised during mealtime. In both cases, the defendant facilities operated with minimal insurance coverage. Our attorneys successfully recovered the full amount of available insurance coverage of $500,000 for each of the families. One case was settled against Glenshire Nursing Home in Richton Park, IL. Our attorneys represented the family of Demario Jones, 47, who died on Sept. 8, Demario was in the nursing home for rehabilitation after suffering a stroke. He was learning to walk again using a walker and his sister Mary Milton, was confident that he would be discharged once his rehabilitation was complete. My sister and I visited him several times a week and he seemed like he was really coming along, recalls Mary. We thought he would come home by mid-september. In August 2004, Demario had several teeth extracted and his doctor ordered a soft foods diet for him. Because of his special dietary needs, the staff was required to supervise him during meals. However, on September 8, Glenshire staff served Demario a hot dog in his room and left him alone. Demario choked on his hot dog because he had difficulty chewing solid foods. When the nursing home staff found Demario in his room in clear distress, they did not sweep his mouth or check his airway to determine if he was choking. Instead, they laid him flat on the ground and claimed he was having a seizure. When paramedics arrived, they dislodged a large piece of hot dog from Demario s airway, but sadly their efforts came too late to revive him. My brother s life was cut short because Glenshire staff did not follow basic dietary orders, said Mary. Now he will never see his four children grow up, and he will never know his grandkids. I hope that by telling my brother s story, I can help to make sure someone else does not have to suffer like he did. Demario Jones 3 The other case was brought on behalf of the family of Otha Woods, 76, against Hickory Nursing Pavilion in Hickory Hills, IL. In 1974, Otha was involved in a car accident and suffered a brain injury. From that point, he lived in various rehabilitation and nursing home settings. Nevertheless, his condition remained stable and he maintained a strong relationship with his wife, Helen, for over 50 years. They had grown accustomed to their situation and learned to communicate with each other despite his disabilities. Even though he couldn t speak, I knew what he was trying to communicate, and he understood me better than anyone else, recalled Helen. He fought hard for many years, and had been through so much, but we were hanging in there. Otha had a documented habit of eating fast and was ordered to receive a pureed diet to prevent choking or aspiration. On Aug. 23, 2008, he was eating dinner in the nursing home dining room when he began choking on his meal. Nursing home staff called paramedics, and when they arrived they extracted large pieces of food from his windpipe, but Otha died soon after their arrival. Their discovery of solid foods Otha Woods in his windpipe revealed that nursing home staff had not followed Otha s physician s orders to provide him with a pureed diet. They also did not supervise him while he was eating. I was not prepared to lose my husband so unexpectedly because his health had been stable for so long, said Helen. It has been especially hard for me to find closure because I know his death could have been prevented. Both Demario s and Otha s lives ended tragically because the nursing homes failed to provide them with proper food or supervision during mealtimes, said John Perconti. In many cases, choking deaths occur because nursing homes are understaffed. When nursing home owners try to increase personal profits by understaffing their facilities, staff members are stretched and consequently cannot pay proper attention to residents during mealtimes. Mistakes happen, even when family members are involved in their loved ones care like our clients were, added Patricia. Therefore, it is important to remain vigilant and constantly remind staff of your loved one s special needs.you should visit at mealtimes to ensure your loved is receiving the right food prepared according to his or her doctor s orders. You should also pay attention to the number of food service workers helping residents, and alert nursing home administrators if you believe that residents are not being properly supervised or assisted. John added, Although we recovered the policy limits for each of our clients, we feel strongly that both cases were worth significantly more. Unfortunately, both facilities purchased minimal insurance coverage, thus limiting the amount that our clients could recover for their loved ones untimely deaths. Attorney John Perconti

4 $700,000 Pressure Sore Settlement with Nursing Home, Physician and Hospital Susan Novosad and Jordan Powell settled a pressure sore case for $700,000 on behalf of the family of Helen Edwards, 74, formerly of Chicago. What made this case unique, and especially saddening, was the fact that Helen s death was the result of the combined negligence on the part of the hospital that treated her after surgery, the nursing home where she went for rehabilitation, and the physician who treated her at the nursing home. Helen died at home on Jan. 9, When she died, she still had the sacral and ankle pressure sores. The sacral sore was infected, and Helen died as a result of this infection spreading through her blood. Helen was admitted to Rush Hospital in Chicago on Sept. 21, 2005, after falling and suffering a head injury, and orbital and left hip fractures. Prior to her fall, she lived with her daughter, Marion Johnson, and enjoyed spending time with her children, 10 grandchildren and seven great-grandchildren. Because she could not walk after her hip fracture, Helen was at risk for pressure sores, but Rush staff did not properly assess her risk or create a care plan to manage the risk. Later, on October 2, hospital staff discovered that she had developed a stage II sacral pressure sore, but they did not treat the wound. The following day, doctors surgically repaired her hip fracture, and two days after that, Helen was transferred to ManorCare Health Services Oak Lawn East for rehabilitation. It was very disturbing to realize that the nursing home allowed my mother s pressure sores to get so bad, recalled Marion. My brothers and I trusted that she was receiving the care she needed. We hated to question what the nurses were doing, but now looking back, I wish we would Helen Edwards not have trusted them so much. The best advice I can give to others is to ask questions and demand answers. Upon admission to ManorCare, nursing home staff documented pressure sores on Helen s left and right buttocks, but not on her sacrum. They developed a care plan that required staff to turn and reposition her frequently. The staff was also supposed to assess Helen s wounds regularly and provide her with a therapeutic mattress. These interventions were not carried out, which caused Helen s pressure sores to worsen. Because staff did not assess her wounds, they never noticed that they worsened and therefore never alerted Helen s doctor to the changes in her condition. Additionally, Helen s physician never examined her pressure sores, nor did he do anything to address her malnutrition and weight loss. Because of this negligence, Helen s condition declined and her sacral pressure sore progressed to a stage IV pressure sore. The severity of the sore was not discovered until Helen was readmitted to Rush on November 26. Helen s family came to us seeking justice for the untimely death of their mother, said Susan. Through the litigation process, we discovered that the hospital, nursing home and nursing home physician were all at fault for allowing Helen s pressure sores to develop and deteriorate, and this negligence contributed to her death. My brothers and I are very grateful for the work that Susan and Jordan did for us, added Marion. We cannot change what happened to our mother, but it is a relief to know that someone was held accountable for her death. Hospital staff also diagnosed two stage II pressure sores on each of her ankles, neither of which were identified by the ManorCare staff. Along with her pressure sores, Helen had lost over 20 pounds in less than two months at the facility and was suffering from dehydration and malnour ishment. On December 1, Helen was discharged from Rush to home health care, but she could not recover from her injuries. Levin & Perconti Welcomes New Associates Levin & Perconti is pleased to announce the addition of three new associate attorneys to our litigation team. Jason Hammond is no stranger to Levin & Perconti as he worked at the firm for two years as a law clerk before being named as an associate in July Jason earned his law degree from the Temple University Beasley School of Law in July During law school, Jason was named to the dean s list and participated in the school s Integrated Trial Advocacy Program. During his third year of law school, he attended Chicago-Kent College of Law as a visiting student, making the dean s honor list. Jason was sworn into the Illinois State Bar on Nov. 5, He is a member of the American Bar Association, the Illinois State Bar Association and the Chicago Bar Association. Previous to law school, Jason graduated from the University of Nevada, Reno in 2005 with a B.A. in Economics. Scott Richard graduated from the Chicago-Kent College of Law in May 2008, where he earned the Dean s Certificate for Community Service. During law school, Scott was a member of the Chicago-Kent Law Review and an editor of the Seventh Circuit Review. 4 He was admitted to the Illinois State Bar Association in November Before joining Levin & Perconti, Scott was an associate at a small commercial litigation firm and also worked as assistant campaign manager and legal counsel for a congressional campaign. Scott serves on the board of directors of the Chicago Lawyer Chapter of the American Constitutional Society. He is also a member of the Illinois State Bar Association, the American Bar Association and the Chicago Bar Association. Scott graduated cum laude from Hamilton College in 1999 where he double majored in Philosophy and History. In 2001, Scott received a master of arts degree in Divinity from the University of Chicago. Tina Dave worked at Levin & Perconti as a law clerk before being hired as an associate. She received her Juris Doctor degree from The John Marshall Law School in June 2010, and was admitted into the Illinois State Bar in November Tina is an Indian American attorney who speaks Gujarati and Hindi. She is a member of the Indian American Bar Association, along with the American Bar Association, the Illinois State Bar Association and the Illinois Trial Lawyers Association. Tina grew up in Itasca, IL and graduated from the University of Illinois at Chicago in 2006, receiving a dual bachelor s degree in Psychology and Criminal Justice.

5 Recent Settlements O.P. for L.W. v. University of Chicago Hospital et al. $900,000 medical malpractice settlement for the wrongful death of our 37-year-old client who died following a hysterectomy. She lost her airway when the anesthesiologists attempted to extubate her at the conclusion of her hysterectomy surgery and required a tracheotomy to breathe. Several weeks later she developed an infection and died. Plaintiff v. Undisclosed Nursing Home $750,000 nursing home fall settlement for our 83-year-old client who fell out of her wheelchair and suffered fatal injuries, including spinal fractures, fractures through the left orbital roof, a fracture through the roof of the left sphenoid sinus, intracranial bleeding and facial contusions, and a 33-hour delay in obtaining appropriate medical treatment. S.Z. for E.G. v. Undisclosed Nursing Home $325,000 nursing home neglect settlement on behalf of the family of a 78-year-old man who sustained a fatal brain hemorrhage due to the staff s failure to prevent him from falling during physical therapy. M.B. v. A.S. et al. $275,000 motor-vehicle settlement for our 31-year-old client whose car was rear-ended by the defendant s vehicle near 95th Street and Archer Avenue in Palos Hills, IL. As a result, our client suffered injuries to her temporomandibular joint (TMJ) and lost wages. Recent Filings A.L. for C.L. v. Evergreen Healthcare (Nursing Home Medication Error) Our client s 83-year-old mother died from Coumadin toxicity six days after entering the Evergreen Park, IL, nursing home. The nursing home failed to properly administer the blood-thinning medication, failed to properly chart her medication administration and failed to communicate with our client s doctor when the results of her blood test indicated danger. K.S. v. St. Mary of Nazareth Hospital (Birth Injury/Medical Malpractice) Staff at the Chicago hospital failed to test for or treat a mother s group B Streptococcus, causing her to pass the infection to her newborn daughter. This transmission caused the infant to suffer sepsis, meningitis, brain injury and seizures. N.M. and B.M. v. R.W., M.D. et al. (Medical Malpractice) The defendant physician failed to examine our client or respond to her complaints of pain, fever, nausea and vomiting after she received a cortisone injection in her shoulder. The physician also prescribed an oral steroid without examining her and this medication worsened the ensuing infection. Due to the physician failing to diagnose and appropriately treat our client s septic arthritis, the infection progressed into her heart. She suffered significant complications requiring extended hospitalization, several major surgeries and permanent injuries. John Perconti and Steven Levin Premises Liability Case Settles for Over $1Million Susan Novosad recently settled a premises liability lawsuit in Lake County, IL for $1.2 million on behalf of the firm s client Michael*, who suffered severe injuries while working on a Lake Forest property. The settlement was reached with the landowner during an extensive pre-trial conference. On Aug. 12, 2002, Michael, then age 44, was working near a greenhouse on the property when a large section of the greenhouse wall collapsed and fell on top of him. A co-worker discovered Michael buried beneath the debris and called for paramedics. Michael was airlifted to Lutheran General Hospital where he was treated for more than two weeks. When the wall fell, he suffered a concussion and injuries that affected his lower back, causing pain, sensory numbness and weakness. Following years of rehabilitation, Michael underwent back surgery in When investigating this case, it was discovered that prior to Michael s accident, the property owner had hired an engineer and contractor to inspect the greenhouse. The inspectors determined that the structure was unsound and unsafe, and gave the property owner an estimate for repairs. Though the structure was deemed unsafe, the property owner chose not to make the costly repairs. She also failed to warn workers on her property about the dangerous conditions revealed by the inspection. Michael filed a lawsuit against the landowner in Property owners have a duty to maintain their property and remedy any unsafe conditions on their land, said Susan. They have a responsibility to warn anyone who is on their property legally about hazardous conditions and should prevent them from entering dangerous areas. In this case, the defendant did neither and our client suffered lifelong injuries because of her negligence. Susan added, Although Michael will never regain the strength and stamina he once had, the settlement will allow him to continue receiving medical and psychological treatment to improve his quality of life. *Our client s name has been changed to protect his privacy 5

6 325 North LaSalle Street, Suite 450 Chicago, Illinois Phone: (312) Seeking justice for victims of injury and wrongful death Levin & Perconti Attorney News On March 26, 2010, Jordan Powell served as a guest judge for the John Marshall Law School s 1L Mock Trial Competition. Margaret Battersby participated in the John Marshall Law School s Career Panel and Resume Workshop on April 8. The following day, she served as a judge for the Chicago-Kent College of Law s 1L Charles Evans Hughes Oral Argument exercise. Steven Levin spoke at the Community Renewal Society s Senior Action Network Luncheon on April 15 about advocating on behalf of loved ones in nursing homes. The SAN luncheon was held at the Greater Walters AME Church in Chicago. Steven Levin spoke at the New Jersey Association for Justice s 2010 Boardwalk Seminar on April 22 in Atlantic City, NJ, on CoOpting the Defense Through Depositions as part of the Advanced Nursing Home Litigation series. Susan Novosad spoke to a group of seniors at the Flossmoor Jewish Community Center on May 11 about Advocating for Yourself and Your Loved Ones in Long-Term Care Facilities. On June 1, Margaret Battersby judged the 1L Moot Court Competition at The John Marshall Law School. Michael F. Bonamarte discussed Personal Injury and Wrongful Death Actions on Behalf of the Elderly Population in a telephonic program presented by the National Academy of Elder Lawyers on July 7. On Aug. 13, Michael Bonamarte hosted the 2010 Michael F. Bonamarte III Foundation Charitable Golf Outing and Dinner at the Highland Park Country Club. The annual event is held in memory of Mike s dad, Mike III, who passed away in 2006 after suffering a stroke. Proceeds from the event are donated to the Northwestern Memorial Primary Stroke Center. John Perconti and Steven Levin attended the Cook County Judicial & Legislative Dinner at the Mid-America Club in Chicago on Sept. 27. The event was hosted by the Illinois Trial Lawyers Association. Michael Bonamarte was named as one of the Law Bulletin Publishing Company s 40 Illinois Attorneys Under Forty to Watch. John Perconti, Susan Novosad and Patricia Gifford judged The John Marshal Law School s Moot Court Competition on Oct. 13 at the Dirksen Federal Court Building. ADVERTISING MATERIAL DISCLAIMER: This newsletter and any information contained herein are intended for advertising and informational purposes only and should not be construed as legal advice.