$5.35 Million Settlement Reached for Death of New Mother

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1 Summer 2009 $5.35 Million Settlement Reached for Death of New Mother John Perconti and Patricia Gifford recently announced a $5.35 million settlement for the wrongful death of 18-year-old Octavia Shealey of Chicago. Octavia died while a patient at Advocate Bethany Hospital in Chicago. The settlement was reached on behalf of Octavia s daughter Tanyia, who was only 3 weeks old when her mother died. Levin & Perconti: Attorneys seeking justice for victims of injury and wrongful death since 1992 PARTNERS Steven Levin Co-founder in 1992, lawyer since 1975 John Perconti Co-founder in 1992, lawyer since 1982 Susan Novosad Lawyer since 1986 Jeffrey Martin Lawyer since 1982 Bryan Waldman Lawyer since 1992 ASSOCIATES Michael Bonamarte IV Patricia Gifford Jordan Powell Margaret Battersby Lindsay Mack EDITOR Jenna Bosco PHOTOGRAPHER Jill Carlson Representing clients who have suffered serious or catastrophic injuries On August 8, 2004, Octavia gave birth to Tanyia without complication. Octavia seemed perfectly healthy after the birth and returned home to her mother s house with the baby. According to Octavia s mother, Rochelle, motherhood seemed natural to Octavia and she easily adjusted to taking care of her daughter. Rochelle noticed that Octavia was often tired, but attributed it to being a new mother. On September 2, 2004, three weeks after Tanyia s birth, Octavia experienced shortness of breath and chest pains, so her aunt took her to the emergency room at Bethany. She called me at work and told me she was having bad chest pains and could hardly breathe so I agreed to meet her at the hospital, recalled Rochelle. After a short wait in the emergency room, a physician s assistant diagnosed Octavia with pneumonia, and the attending emergency room physician signed off on the diagnosis. Rochelle stayed with Octavia until late that evening. She decided to leave because the doctors and nurses reassured her that Octavia would be fine. When I left the hospital that night, I thought she was just run down from caring for the baby, said Rochelle. I had no idea how serious her condition was or that I would never see my daughter alive again. After her initial diagnosis, Octavia received a chest x-ray and certain blood tests. The x-ray results did not support a diagnosis of pneumonia, but instead demonstrated signs of congestive heart failure. The doctors and hospital staff missed these signs and continued to administer medications and treatments for pneumonia, which actually worsened Octavia s heart condition. 325 North LaSalle Street, Suite 450 Chicago, Illinois (312) FAX (312) Toll free (877) Octavia s daughter Tanyia, now 5 years old Throughout the night, Octavia was boarded in the emergency room because there were no beds available in the hospital s intensive care unit. During the next three nursing shifts, her pulse and breathing rate were twice that of normal. Early the next morning, Octavia was assigned to a new doctor for insurance reasons. This physician immediately recognized that she was most likely suffering from heart failure, not pneumonia. He ordered that Octavia be intubated to help with her breathing. An echocardiogram confirmed the diagnosis of postpartum cardiomyopathy and treatment was instituted. Postpartum cardiomyopathy is a serious and life-threatening condition that women can suffer following pregnancy. The condition causes ventricular heart damage, which affects the heart s ability to pump blood throughout the body. If caught early, it can be treated with medications and respiratory support. In some severe cases, patients may even require a heart transplant. Continued on Page 2 1

2 Octavia had tired significantly from struggling to breathe for over 15 hours. At 9:00 a.m. on September 3, an ICU bed finally became available and she was transferred to the ICU. During the transfer, a nurse had difficulty administering oxygen to Octavia and pulled out her breathing tube. Without any oxygen, Octavia went into respiratory and cardiac arrest. The hospital staff tried to resuscitate her but their attempts were unsuccessful and Octavia died soon after. This process has helped me learn the true facts of what happened to my daughter and has brought closure for me and my family. My attorneys did an outstanding job in discovering the truth and resolving this case, said Rochelle. It was so hard to lose my daughter like this. But through it all, I still have a piece of Octavia in Tanyia. As she grows, I see Octavia in her and this really helps me to cope with things. The lawsuit was filed against Advocate Bethany Hospital, Dr. Sang In Han, Dr. David Bogolub, Dr. Andrew Labrador, Diane Samson, P.A., Dr. Victor Thomas, Dr. Velliampallil John, and Emergency Medical Specialists, a medical group. Octavia s death was tragic because it was preventable with timely medical treatment, said John Perconti. She was boarded in the emergency room without any physician responding to her serious medical symptoms and complaints for over 15 hours. The nurses ignored her grossly abnormal vital signs. They just let her lie there on a gurney until her heart finally gave out. Added John, While I am happy we were able to reach a settlement in this case, it will never compensate Tanyia for the tragic loss of her mother at such a young age. Prior to her death, Octavia Shealey was an active 18-year-old who had recently received her GED and was attending the International Academy of Design & Technology in Chicago. She loved clothes and was taking classes in fashion design with hopes to pursue a career in the fashion industry. On weekends, Octavia loved listening to music and dancing with her friends. She had a special bond with her mother, and she and Rochelle often took trips to downtown Chicago where they would explore the city together. Octavia holding newborn Tanyia Bike Safety Rules To Live By In the warmer months, more cyclists take to the roads and bike paths of Illinois. Whether you are an avid cyclist or a leisure rider, it is important to fully understand bike laws before you get on your bike. Attorney Bryan Waldman has summarized the Illinois Vehicle Code to raise awareness surrounding bicycle safety laws. Rules of the Road for Illinois Cyclists 1. Cyclists have the same rights and duties as motorists. 2. A cyclist must ride as close as possible to the right curb or edge of the road, except when passing another bike, making a left or right turn, or avoiding unsafe conditions (e.g., pedestrians, animals, debris, potholes). 3. On a one-way street, a cyclist may ride as close as possible to the left curb or edge of the road. 4. Cyclists may not ride more than two abreast, except on bike paths. If riding two abreast, cyclists should not disturb normal traffic flow and must ride within a single lane. 5. Cyclists may not carry anything that prevents the use of both hands to control the bike. 6. Cyclists must always keep at least one hand on the handlebars. 7. At night, a bike must have a lamp on the front and a red reflector or lamp on the back. 8. All bikes must have a brake. 9. A police officer may stop a cyclist and inspect their bike if he/she believes that a bike is not safe or does not have the equipment required by law. 10. A bicycle can only be ridden by the number of people the bike is designed to accommodate (one person per seat), except for adults carrying a child in a pack. 11. Cyclists may not cling or grab onto vehicles. 2 Additionally, cities and townships may have ordinances that specifically apply to cyclists. The City of Chicago ordinances provide: 1. Cyclists 12 or older may not ride on the sidewalk unless it is a designated bicycle route and no cyclist may ride on the sidewalk in a business district. 2. Cyclists may not ride in the road which has an adjacent bike path. 3. Cyclists must ride single file except on paths or roads used exclusively for bicycling. Source: Article XV, Chapter 11 of the Illinois Vehicle Code and the Chicago Municipal Code

3 Susan Novosad Settles Medication Error Case Attorney Susan Novosad Recently, Susan Novosad settled a case against a Chicago-area physician, his medical group and a pharmacy for $650,000. This medical malpractice and negligence case was brought by the son of an 86-year-old man who died as a result of poor direction and instructions with regard to writing, filling and refilling his medication prescription. Our client s father had been taking Coumadin, a blood thinner, for approximately seven months after he suffered a stroke in June When the doctor first prescribed the medication, the prescription directed the patient to take five 1 mg tablets of Coumadin each day. On February 16, 2004, during a routine appointment, the doctor changed the way the Coumadin was to be taken. The doctor wrote a new prescription for a month s supply of 5 mg tablets of Coumadin with directions to take the medication as directed ; however, he did not mention the dosing change from 1 mg tablets to 5 mg tablets to the patient or his caretaker. When the patient filled the prescription at his pharmacy on March 4, the pharmacist also failed to provide new dosing instructions that explained this change from 1 mg to 5 mg tablets. the hospital with Coumadin toxicity, which resulted in internal bleeding, vomiting, aspiration pneumonia and sepsis, causing his death on March 29, 2004 at the age of 86. Susan stated, The events that led up to the victim s death were inexcusable but I believe that justice was served. We were able to receive fair compensation for the mistakes of the doctor and pharmacist, said Susan. Both the physician and the pharmacy had a duty to deliver clear dosing instructions and alert our client s father to the change in his prescription. Unfortunately, they failed to do so, and our client lost his father as a result of their mistakes. Susan hopes to warn others against the dangers of dosing errors in medication administration. In the case of our client s father, the changes in his prescription were not communicated to him, and as a result he continued to take his medication as he had in the past, said Susan. It is important for patients, their caretakers and family members to pay close attention to the dosing information, as well as the look and feel of the actual medication. Often, medications look very similar and it can be hard to identify the differences between doses. Our client s father began taking five 5 mg of Coumadin daily. On March 9, he had the prescription refilled after he exhausted the 30-day supply given only five days earlier. On March 17, our client s father was emergently admitted to $600,000 Settlement for Construction Accident Recently, John Perconti and Bryan Waldman successfully settled a construction accident lawsuit for $600,000. The lawsuit was filed on behalf of a 47-year-old pipe fitter from Park Ridge, IL, who suffered a serious back injury while working at the Baymont Inn & Suites construction site in downtown Chicago. The lawsuit was brought against the general contractor and sub-contractors for their failure to maintain a safe walkway for workers on the jobsite. On February 19, 2004, our client was working at the construction site. He exited from a construction elevator on the first floor of the site and encountered a material lift obstructing the walkway. While moving the material lift out of the passageway, he tripped over a piece of structural steel that was blocking the passageway and fell backwards, landing on the beam. Immediately, he felt severe pain in his back and legs and could not get up. With the help of his coworkers, he was taken to a nearby emergency room. There, he was given pain medication and later released, but he continued to suffer severe lower back pain and pain in both legs. According to John Perconti, this accident would have been prevented had the worksite been properly maintained. It was the responsibility of the construction company to make sure the construction site was safe for all of its workers and contractors, said John. The jobsite was deplorable, and complaints from sub-contractors were noted regularly in the daily log sheets. Construction companies need to keep their passageways clear and free of tripping hazards to prevent accidents like this one. Our client was diagnosed with spondylolisthesis, a condition where the vertebrae in the lower back are pushed out of place, putting pressure on the spinal cord and the surrounding nerves. In November 2004, surgeons performed a laminectomy and fusion to stabilize the spine and alleviate pressure on the nerves. Following surgery, our client spent months recovering and was unable to work for several years. He was forced to quit many of the pastimes he enjoyed, such as playing tennis, golf and softball. Attorneys Steve Levin & John Perconti 3

4 Medical Negligence/Wrongful Death Lawsuit Against U of C John Perconti filed a lawsuit in the Circuit Court of Cook County against the University of Chicago Medical Center, David Frim, M.D., and Sherise Ferguson, M.D. on behalf of a family who lost their 22-year-old daughter and granddaughter on November 25, Dominique Salter died a year after suffering severe brain damage while under the hospital s care. past and had gone through this surgery before. Each time, she was back to normal and getting around soon after the surgery. She would still be with us if they had replaced her shunt right away. The lawsuit alleges that the University of Chicago Hospital physicians and staff had over two days to address Dominique s condition, yet her signs and symptoms of increasing intracranial pressure were repeatedly ignored. Her family tried to convince the doctors to operate sooner, but their pleas were dismissed. Dominique Salter, then 21, went to the emergency room at the University of Chicago Medical Center on November 11, 2007, complaining of a severe headache. She was given pain medication and sent home with instructions to return if the headache came Attorney John Perconti back. Dominique, with her mother and grandmother, returned to the U of C emergency room later that day, still complaining of a severe headache. Dominique met with a neurosurgical resident who diagnosed her with a malfunctioning brain shunt. Dominique was born with a condition called hydrocephalus, an abnormal accumulation of fluid in the brain. At birth, doctors implanted a shunt in her head to help drain cerebral spinal fluid. Dominique s shunt had malfunctioned several times in the past as her body grew into adulthood, and each time it required replacement. Prior to each replacement, Dominique experienced headaches similar to the one she had on November 11, 2007, and all symptoms resolved with the shunt replacement. There were no beds available on the hospital s neurosurgical intensive care unit when Dominique was admitted so she was boarded in the emergency room. For the next 52 hours, Dominique remained in the emergency room and was treated with pain medication for her continuous headache. While she was in the emergency room, they did little to treat her symptoms, said Benita Salter, Dominique s mother. They just kept giving her pain medications, but they weren t helping her headaches. They only made her feel worse. Dominique s neurosurgeons were aware of her condition and performed various studies documenting her failed shunt; however, they chose to schedule surgery for four days later on November 16, It is shocking that Dominique s doctors failed to address her symptoms immediately, said John Perconti. The doctors knew she had dangerously high intracranial pressures and for whatever reason, elected not perform a simple procedure to relieve the pressure and prevent the brain from herniating. She had been through this process several times before and clearly indicated to her doctors that she was experiencing the same headaches she had before previous shunt replacements. If they had performed surgery soon after she was admitted, Dominique would be living a normal life. Unfortunately, their negligence caused Dominique s untimely death and changed the lives of those close to her forever. Before her hospitalization, Dominique was a college student studying criminal justice at Westwood College. She had graduated from Calumet High School and hoped to someday become a lawyer. Along with her studies, she wrote poetry and loved being around her family and friends. She also spent a great deal of time with her younger siblings who admired and looked up to her. Today, Dominique s family still struggles to cope with the loss of their daughter, granddaughter and big sister. They hope that their lawsuit will prevent future mistreatment from happening to another family. Her grandfather Joseph chooses to remember Dominique for the caring person that she was. She had something special, a way of touching everyone she met, recalled Joseph. She was loved by everyone. As a grandfather, it makes me proud to have raised a granddaughter like Dominique. She will be missed, but will always live on through our memories of her. Unfortunately, Dominique did not make it to the scheduled surgery on November 16. In the early morning hours of November 15, Dominique suffered a brainstem herniation that led to severe and irreversible brain damage. She was finally taken for emergency surgery at that time, but it was too late. The pressure within Dominique s cranial cavity was so great that it forced her brain into the hole at the base of her skull. After the emergency surgery, Dominique remained in a coma in the hospital for over three months and showed little signs of progress. Upon leaving the hospital in February 2007, she was in and out of a number of Chicago nursing homes and hospitals but her condition never improved. During this difficult time, her mother, grandparents and extended family showed their support by spending hours by her bedside every day. Despite their prayers and efforts, Dominique passed away on November 25, 2008, at Regal Health and Rehabilitation nursing home in Chicago. If they would have done the surgery earlier, she would be at home now, said Gelene Salter, Dominique s grandmother. She had malfunctioning shunts in the Dominique, left, at graduation 4

5 Recently Filed Cases Medical Malpractice H.K. vs. L.J., M.D., Fertility Centers of Illinois, S.C. (Failure to Diagnose Cancer) This case was filed against the defendant physician for failing to diagnose adrenal cancer in a 21-year-old patient. Instead, he diagnosed her as having polycystic ovary syndrome. The 1½-year delayed diagnosis postponed critical treatment, causing her cancer to advance and spread to her lungs, thereby significantly reducing her prognosis. E.S. for A.K. vs. Hinsdale Hospital (Improper Discharge) The hospital failed to diagnose and effectively treat the 68-year-old victim s depression and psychosis, and improperly discharged her despite knowing she was a danger to herself. Shortly after returning home from the hospital, the victim attempted suicide by jumping from her third-floor balcony. She suffered extensive injuries from the fall, resulting in permanent immobility. N.R. vs. R.E., M.D. (Failure to Diagnose Cardiac Condition) The plaintiff went to his physician complaining of cardiac-related symptoms and the physician failed to appropriately assess and diagnose the plaintiff s cardiac condition. As a result, he suffered a myocardial infarction that resulted in severe brain injury and overall physical debilitation. Motor Vehicle/Trucking/Boating Accidents M.R. vs. J.B. (Boating Accident) The plaintiff filed this personal injury complaint against the captain of a boat for failure to safely operate his watercraft. The captain s negligence caused the boat to crash and caused the plaintiff to suffer significant personal injuries. R.C. for T.C. and G.C. vs. Geils Farms, LLC et al. (Trucking Accident) The plaintiff filed this complaint against a truck driver and the farm that owned his truck. The defendant driver s truck collided with a pick-up truck driven by the plaintiff. The plaintiff s wife was killed in the accident and he and his 3-year-old son both suffered serious personal injuries. The defendant truck driver was under the influence of marijuana at the time of the crash. Slip & Fall M.G. vs. Central City Management (Slip & Fall) This lawsuit was filed on behalf of an apartment resident who fell on icy indoor steps leading to her building s laundry room. The defendant landlord was negligent in preventing ice from accumulating inside the stairwell and the plaintiff broke her right tibia and fibula as a result of this negligence. Nursing Home L.P. for J.P. vs. Aspen Ridge Care Center (Pressure Ulcers) In its negligence, the nursing home staff failed to prevent pressure ulcers from forming on an 80-year-old resident. The nursing home resident suffered multiple serious pressure ulcers, leading to a decline in her condition, which contributed to her death approximately five months later. D.W. for P.S. vs. All Faith Pavilion and Platinum Health Care (Malnourishment, Pressure Ulcers) The complaint was filed against the nursing home for failure to prevent this 80-year-old decedent from becoming malnourished and developing pressure ulcers. She suffered severe infection and sepsis, and died from these injuries. M.I. for C.Z. vs. Hampton Plaza Nursing Center (Failure to Supervise) This lawsuit was filed on behalf of the family of a 66-year-old woman who died from burns she sustained at the nursing home. This resident suffered severe injuries after she burned herself while smoking. The nursing home staff was negligent for failing to remove smoking materials from her room and failing to provide her with adequate supervision to prevent her from harming herself. M.W. for W.L. vs. The Renaissance at Hillside (Pressure Ulcers) Upon admission to the nursing home, this 77-year-old resident was assessed as being at risk for developing pressure ulcers. The nursing home failed to develop an appropriate plan of care and failed to implement nursing interventions to prevent pressure ulcers, resulting in the development of multiple infected pressure ulcers, which caused and contributed to her death. O.C. for J.D. vs. Greenwood Care Nursing Home (Failure to Monitor) This 41-year-old nursing home resident was admitted with schizophrenia, a condition that requires ongoing supervision and monitoring, and was at known risk for suicide. The nursing home staff failed to closely monitor the resident and he fell from his 4th floor window. He suffered significant personal injuries and died shortly after the fall. T.S. for I.S. vs. Glenview Terrace Nursing Center (Failure to Monitor) The nursing home failed to properly monitor this resident and answer his calls for assistance, resulting in him sustaining a fall. The injuries from his fall included head trauma and bleeding in the brain that required surgery. These injuries led to a deterioration of his overall condition and he died several months later. Recent Settlements Nursing Home N.G. for J.H. vs. Crestwood Care Center ($325,000) The nursing home failed to provide the necessary treatment and services to avoid the development and worsening of pressure sores in this 70-year-old resident with lupus. During her residency, she developed multiple serious pressure sores and suffered from septicemia. G.P. for M.S. vs. ManorCare at Peoria ($125,000) The 97-year-old decedent was admitted to the defendant nursing home after hospitalization for a fractured ankle. Upon admission, the decedent was assessed as a high fall risk. She was improperly transferred from her wheelchair to the toilet, causing her to sustain fractures to her left distal tibia and fibula. D.W. vs. Exceptional Care ($100,000) The nursing home failed to prevent this nursing home resident from falling several times, despite her risk for falls. She suffered a broken tibia and fibula after one such fall. 5 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.

6 PERMIT NO. 65 Permit No North LaSalle Street, Suite 450 Chicago, Illinois Phone: (312) PRESORTED MAILED FROM ZIP CODE PERMIT NO. 65 MAILED FROM ZIP CODE PERMIT NO. 65 PRESORTED Algonquin, IL Permit No. 65 Algonquin, IL Permit No. 65 Seeking justice for victims of injury and wrongful death since Steve Levin contributed to the article Combating Juror Bias in Nursing Home Cases, which appeared in the first edition of the AAJ Nursing Home Litigation Group Newsletter. Levin & Perconti Attorney News Bryan Waldman spoke to medical students and residents on April 17 at the Michigan State University College of Osteopathic Medicine on Depositions and Disability Evaluations. Susan Novosad, Patricia Gifford and John Perconti served as judges for the John Marshall Law School (JMLS) Moot Court Competition held March 2-5. They are all graduates of JMLS. Steve Levin presented to the NAELA (National Academy of Elder Law Attorneys) IL Chapter on Protecting the Rights of Elderly Clients in Personal Injury Matters on March 13. Mike Bonamarte was a judge for the International Law School Mediation Tournament held at JMLS on March Susan Novosad was a guest commentator on WCPT 820 AM s Un-Common Law Radio Show with Kurt Moller on March 22. Jordan Powell served as a judge for the 1L Trial Advocacy Competition at JMLS on March 27 and for the Charles Evans Hughes Moot Court Competition at Chicago-Kent College of Law on April 3. Steve Levin spoke to the Elder Law Class at DePaul University in Chicago about Nursing Home Abuse and Neglect Litigation on March 31. In April, Steve Levin was named to the American Constitution Society (ACS) Chicago Chapter s Board of Advisors. John Perconti presented How to Successfully Sue Nursing Homes to the Illinois Trial Lawyers Association through a live Web seminar on April 23. Steve Levin spoke on April 23 at the New Jersey Association for Justice Boardwalk Seminar about Using Midwestern Sensibilities to Deal with the Conservative Juror. Jordan Powell was reappointed as a board member of the Young Lawyers Division of the Illinois State Bar Association. Margaret Battersby volunteered at the Glass Slipper Project on May 2. Bryan Waldman spoke on Developing Damages at the Michigan Association for Justice Annual Meeting in Dearborn, MI, on May 8. Jeff Martin was a panel member at the ACS Chicago discussion titled Doing Well While Doing Good: Creating a Career that Fits Your Progressive Ideals on June 4. Bryan Waldman ran the Dexter/Ann Arbor Half Marathon in Michigan on May 31 and participated in the Ann Arbor Triathlon on June 7. 6