Nursing Error Results in $17.7 Million Settlement

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1 Fall 2011 Nursing Error Results in $17.7 Million Settlement Steven Levin and Margaret Battersby Black recently obtained a $17.7 million settlement for a former police officer who suffered a brain injury at the University of Illinois at Chicago Medical Center. Our client s irreversible condition resulted from the inappropriate assignment of an inexperienced nurse to his care, coupled with a systemic breakdown on the part of the entire nursing staff. 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 Black Scott J. Richard Tina H. Dave Marvet M. Sweis Ryan L. Nolte Anthony M. Sam Cari F. Silverman Our client was hospitalized in the neurosurgical intensive care unit (NSICU). In this part of the hospital, nurses care for only one or two patients at a time. The night of our client s injury, a temporaryagency nurse with no prior NSICU experience was assigned to care for him under the supervision of another NSICU nurse. None of the NSICU nursing staff responded to alarms signaling a serious deterioration in his condition. They also failed to communicate his deterioration to his physician. The nurses charged with caring for our client did Attorneys Steven Levin & Margaret Battersby Black not monitor the pressure in his brain and he suffered a catastrophic brain injury, forever changing his life Our client was under the care of some of the and the lives of his family members. Our client, most skilled physicians in Chicago, but the nurses now 48, suffers from quadriplegia and a condition caring for him destroyed his chances of recovery called locked-in syndrome. This means he cannot by failing to do their jobs correctly, said Steven move on his own or speak, but is fully aware of his Levin. Tragically, as a result of these preventable surroundings and his condition. He is completely mistakes, he will remain in a locked-in state for the dependent on his caregivers and must rely on rest of his life, unable to do anything on his own. facial grimaces, blinking and advanced assistive technology to communicate. Our client s father and brother wanted answers, so they sought legal guidance. They told us they visited This case illustrates the importance of hospitals our client earlier in the day of the injury, and he was having systems in place to ensure basic nursing alert and talking. His family believed he would practices are followed. The nurses in this instance recover, and never expected his condition to worsen ignored alarms. Further, the supervising nurse while under the care of licensed professionals. Our hired an unqualified temporary nurse and failed to attorneys filed a lawsuit for the family to hold the monitor her actions or provide support. hospital responsible for the breakdown in care that led to our client s devastating brain injury. EDITOR Jenna Bosco COPY EDITOR Marci Kayne Representing clients who have suffered serious or catastrophic injuries. 325 North LaSalle Street, Suite 450 Chicago, Illinois (312) Fax (312) Toll-free (877) We see a number of cases where people are injured or killed when nurses deviate from the standard of care, noted Steve. No matter how reputable the hospital is, if the facility does not have appropriate systems in place to ensure that nurses provide appropriate care, there will be problems, and patients will suffer. In this case, we hold the hospital accountable for the nurses mistakes, but there is an urgent need to combat substandard care whenever it occurs in our hospitals, doctors' offices and clinics. Continued on page 2

2 Our client was a victim of a preventable medical error, added Margaret Battersby Black. His case highlights the overwhelming effects these mistakes have on individuals and families. According to the Institute of Medicine, over 98,000 patients are killed every year by preventable medical errors. Further, the Congressional Budget Office reported that in 2003, over 181,000 people suffered serious injuries due to medical mistakes. Our client s settlement came on the eve of the trial. The hospital and the agency that supplied the inexperienced nurse paid our client $17.7 million. Because of nursing staff negligence, our client will need extensive care and support for the rest of his life, added Steve. His settlement will help pay for his past and future medical bills. The settlement will also allow his family to purchase advanced assistive technology, which will empower him and improve his ability to communicate with family and friends. Unfortunately, no amount of money will ever alter the consequences of these medical mistakes. W $1 Million Policy Limit Settlement in Nursing Home Fall Case John Perconti and Patricia Gifford recently settled a nursing home fall case for $1 million against All Faith Pavilion. Our attorneys represented the family of Edward Norman of Chicago, who died in 2009 as a result of injuries he sustained in a fall at the nursing home. Edward, 82, lived at home with his daughter Valeria before he was admitted to All Faith for a short stay. Valeria needed to have surgery and would not be able to care for Edward Norman her dad while recovering from surgery. Prior to his admission, Edward relied on Valeria for assistance with day-to-day tasks. Due to a seizure disorder, glaucoma and an unsteady gait, Edward often used a wheelchair to move around. Edward was expected to be at All Faith for just a few weeks, but due to the nursing home s negligence, he never returned home. Edward had a history of falling, and nursing home staff should have followed a care plan to address his risk of falling when he was admitted. Five days after moving into the nursing home, Edward fell in the dining room and hit his head. He was taken to the hospital where he was diagnosed with a serious brain injury and bleeding in the brain. Edward never recovered from this injury, which ultimately led to his death eight months later. I placed my dad in their care and was promised that nothing would happen to him, recalled Valeria. The nursing home let me down when they allowed him to fall and suffer that terrible brain injury, and because of their mistakes, I lost my father. Attorney John Perconti 2 The nursing home was clearly liable for Edward s fall and fatal injuries, said John Perconti. All Faith staff failed to appropriately follow Edward s care plan to address his risk for falls and left him alone in the dining room. If staff was present in the dining room, the fall would not have occurred and Edward would have returned home to live with Valeria. Instead, Edward spent the last eight months of his life with severe neurological problems that ultimately took his life. Our attorneys filed a lawsuit on behalf of Valeria in 2009, and the case settled in August 2011 for the facility s insurance policy limit. The settlement will never bring my dad back, but I thank God that justice was served, said Valeria. I also deeply thank John, Patricia and the entire staff of Levin & Perconti for helping me through this process. They did an excellent job of keeping me informed and in executing this settlement. NURSING HOME FALLS Falls at nursing homes are common because older residents suffer from weakness, gait problems, poor vision, or take medications that make it difficult to move on their own. However, these accidents are usually preventable when facilities take proper steps to protect residents. It is estimated that over 1,800 nursing home residents die each year from fall-related injuries. Those who survive a fall can suffer debilitating injuries such as hip fractures or brain injuries, which can lead to immobility or a decline in the resident s overall condition. When a patient is admitted into a nursing home, it is important for staff to assess his or her condition thoroughly in order to identify all risk factors. It is also important for staff to create intervention protocols to address the individual s risk for falls. When your loved one enters a nursing home, make sure that the staff performs a thorough evaluation to determine his or her risk for falls, advises Patricia. Throughout their admission, ask staff to reassess your loved one and inquire about what interventions are in place to prevent your loved one from falling. Attorney Patricia Gifford

3 Building Code Violations Result in $975,000 Settlement for Young Man s Death On July 1, 2007, Sean Heflin, 24, was relaxing on the porch of his girlfriend s apartment in Chicago s Lincoln Park neighborhood. Sean fell backwards off the porch and landed on the ground two stories below. He sustained a severe brain injury in the fall, and died from his injuries on January 14, Steven Levin and Michael Bonamarte filed a lawsuit for Jane Heflin, Sean s mother, against the apartment building s management company, alleging that Sean s death was a result of a building code violation. Our investigation found the apartment s porch railings were 10 inches lower than the Chicago Building Code s requirement of 42 inches. The Chicago Building Code provides minimum standards that landlords must abide by to protect tenants, guests and visitors, and tenants trust their landlords will follow this code. Stammich Management breached this trust when the company failed to properly maintain its building according to code, and as a result, a 24-year-old man s life was cut short. Sean Heflin Jane decided to take legal action to draw attention to the issue of building code violations and porch accidents. In the past 10 years, a number of young people have died in Chicago porch accidents, many the result of building code violations. Jane s goal was to capture building owners attention and educate tenants on their rights. As she told CBS 2 reporter Pam Zekman in a recent interview, The hope is that the city will be much more diligent in doing checks of porches in the city and that landlords are aware that, if they have a porch that is not up to code, that they could have a suit against them. Sean s lawsuit settled in September for $975,000. In light of the catastrophic events that have occurred in Chicago where young people have died because of unsafe porches, it is tragic that accidents like this continue to happen, added Steve. We hope that Sean s case will motivate building owners to make the necessary changes to prevent future accidents. To read more about Sean s case or view CBS 2 video coverage of the settlement, visit the Levin & Perconti in the News section of our website. If You Suspect Your Building is Not Up to Code Contact your landlord immediately when you find a safety issue that you suspect needs to be repaired. If your landlord does not address the issue in a timely manner, you can contact the agency that enforces local building codes. Most municipalities have laws that protect tenants from eviction or other forms of retaliation if they complain about maintenance or code violations. City of Chicago residents can call 311 to file a complaint. Serious injuries can occur when property owners fail to address safety issues involving: stairs (indoor and outdoor) sidewalks, parking lots and driveways rails and handrails porches, decks and balconies light bulbs smoke or carbon monoxide detectors Attorney Michael Bonamarte We are proud to welcome four new associate attorneys to our team! L&P Welcomes Four New Associates Ryan L. Nolte graduated from the Chicago-Kent College of Law in May 2011 where he was named to the Dean s Honor List and was an accomplished member of the school s Trial Team. Ryan graduated from the University of Illinois at Chicago in 2008 and is originally from Plainfield, Ill. Anthony M. Sam received his JD from The John Marshall Law School in May In law school, he served as presiding barrister of the Trial Advocacy and Dispute Resolution Honors Board, and was a member of the Animal Law Society and the Black Law Students Association. Anthony grew up in Harvey, Ill. and received his undergraduate degree and MBA from Lewis University. Cari F. Silverman is a graduate of the University of Illinois at Urbana-Champaign and most recently earned her JD from its law school. There, she served as a staff writer for the Illinois Business Law Journal and president of the Jewish Law Society. Cari was raised in Highland Park, Ill. Marvet M. Sweis joined Levin & Perconti after being admitted to the Illinois State Bar in May She attended The John Marshall Law School and served as president of the Middle Eastern Law Students Association. She was also honored as the Arab-American Bar Association of Illinois 2010 Merit Award winner. Marvet grew up in Oak Lawn, Ill. and graduated from DePaul University in Chicago. To read their extended biographies, visit 3

4 $650,000 Nursing Home Bedsore Settlement John Perconti and Jordan Powell recently represented the family of Pauline Sullivan, who was a resident of All Faith Pavilion, a Chicago nursing home. Their efforts led to a Cook County judge approving a settlement against the nursing home and a Chicago-area physician for her wrongful death. Pauline was at high risk for pressure sores because she was immobile and required assistance with turning and repositioning in bed. The All Faith staff failed to appropriately develop and implement a care plan to address Pauline s risk for pressure sores. The staff also failed to timely report the development of her pressure sores to her attending physician. Then, once the physician was made aware of the pressure sores and ordered treatment, he failed to visit Pauline and assess her sores, and the nursing staff failed to follow the doctor s treatment orders. These failures caused Pauline s pressure sores to deteriorate and become infected, and these infections contributed to her death in February Pauline Sullivan There was a serious breakdown in communication between Pauline s physician and the nursing staff, explained John. The failures by the nursing home and Pauline s physician caused her to needlessly suffer and caused her premature death. Pauline s daughter was shocked to learn about her mother s condition since her injuries were not outwardly visible. When I moved my mother into the nursing home, I expected them to take good care of her, she recalled. Although my family and I visited frequently, they never told us she had bedsores, or how bad they were. I was equally frustrated by her physician s lack of involvement, added Pauline s daughter. I never heard from him until the day she passed away. Pauline s case settled in September for $650,000. I think John and Jordan did an excellent job, and I appreciate everything they did for my family, said Pauline s daughter. I am happy that All Faith and my mother s physician were both held accountable for my mother s death. I also hope that our lawsuit will raise people s awareness surrounding poor care and neglect in nursing homes, and will motivate Chicago facilities to treat vulnerable older residents with the care and dignity they deserve. PRESSURE SORE PREVENTION Prevention is the best strategy for dealing with bedsores, but this requires meticulous attention from caregivers. If a patient or resident is at risk for bedsores, the hospital or nursing home is obligated to take the necessary steps to prevent skin breakdown. When staff fails take these steps and a patient or resident is seriously injured, families should take action, said Jordan. If someone is bedridden or immobile, here are some steps caregivers can take to prevent bedsores from developing: Inspect the patient s skin every day Look for signs of redness or a change in the patient s skin color Turn and reposition bedridden or wheelchair-bound patients every one to two hours Keep the patient s skin clean and dry Change the patient s clothes, undergarments and sheets frequently Use foam protectors on a patient s bony prominences like the elbows, tailbone and heels Provide the patient with pressure-relieving seat cushions and mattresses If your loved one has suffered bedsores in a nursing home or hospital due to someone else s negligent care or treatment, please contact us to see how we can help. Attorney Jordan Powell Would your organization s members like to learn more about nursing home abuse and neglect? Our lawyers frequently talk to church groups, senior groups, and other organizations about how to identify abuse and neglect, what you should do if you suspect it, and how to choose a nursing home lawyer. If you would like one of our attorneys to speak at an upcoming meeting, contact us anytime at

5 Recent Filings S.D. and S.P. v. City of Chicago and D.W. (DUI/Pedestrian Accident) Our 27-year-old client suffered serious injuries when he and eight other people who were standing on a Chicago sidewalk were run down by a Streets and Sanitation truck. The city worker driving the truck tested over the legal blood alcohol limit and had an open container of alcohol in the vehicle at the time of accident. J.G. et al. v. J.A. et al. (Apartment Fire) Six people, including three children, were killed in an Aurora, Ill. apartment fire. The suit alleges that the apartments were not equipped with the appropriate number of smoke detectors or self-closing doors, as required by the National Fire Protection 101 Life Safety Code. J.G. for J.A. v. United Motels, Inc. (Hotel Pool Drowning) A 24-year-old man drowned in a Lansing, Ill. hotel pool. The lawsuit alleges that the hotel did not warn guests of the dangers of murky water and failed to provide safe swimming water or safety equipment. The suit also alleges that the hotel failed to conduct adequate safety inspections or maintain the pool in a safe condition. T.W. for C.H. v. Addus Healthcare (Adult Day Care Accident/ Premises Liability) Staff of the defendant adult day care facility failed to properly assist our client s father as he attempted to board the facility s transportation van. He was put off balance by an improperly designed sidewalk ramp and fell, sustaining severe brain damage. He died from his injuries five days later. A.C. v. Paige Bus Enterprises et al. (Motor Vehicle Accident) Our 18-year-old client suffered significant injuries when a bus driver collided head-on with the vehicle in which she was passenger. Steven Levin, John Perconti, and some of our associate attorneys Recent Settlements H.K. v. L.J., Fertility Centers of Illinois et al. $4.5 million failure to diagnose cancer settlement with a reproductive endocrinologist and fertility treatment center for their failure to diagnose adrenocortical cancer in our 19-year-old client. Instead, the physician diagnosed and treated her as having polycystic ovary syndrome. As a result of this misdiagnosis, her cancer went untreated for over 14 months. E.N. for A.N v. Undisclosed Hospital $970,000 medical malpractice settlement for an ER physician s failure to treat our client s 14-month-old daughter s bacteremia. Due to this failure, she developed an overwhelming pneumococcal infection with meningitis, which caused her death. Like us on Facebook and follow us on Twitter! Facebook.com/levinperconti Twitter.com/Illinoisinjury J.M. for L.M. v. Loretto Hospital $600,000 hospital bedsore settlement with a Chicago-area hospital for the family of an 85-year-old woman who died as a result of developing an infected bedsore on her sacrum. L.F. for T.W. v. Glenwood Healthcare and Rehab, Inc. $500,000 policy limit bedsore settlement with a Chicago nursing home for the surviving daughter of a 68-year-old man who developed multiple bedsores, which caused or contributed to cause his death. R.C. for N.C. v. ManorCare at Palos Heights $500,000 bedsore settlement for the family of a nursing home resident who developed a stage IV bedsore as a result of nursing home negligence and required continued wound care for the remainder of her life. 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 Levin & Perconti sponsored The John Marshall Law School s 2011 Freedom Award & Distinguished Service Awards Luncheon, held May 13, Prior to the luncheon, JMLS alums John Perconti, Susan Novosad, Patricia Gifford and Michael Bonamarte attended a private reception with the award recipients. In June, Steven Levin was named to the Decalogue Society s Board of Managers and the Illinois Trial Lawyers Association s Board of Managers. On June 28, Levin & Perconti sponsored the American Constitution Society s Annual Chicago Legal Legends Luncheon at the Union League Club in Chicago. Steven Levin serves on the organization s advisory board and Scott Richard serves on its board of directors. Patricia Gifford was named co-chair of the Illinois Trial Lawyers Association s Legislative Committee. Steven Levin, Tina Dave, Marvet Sweis, Ryan Nolte and Anthony Sam attended the John Marshall Law School Professionalism and Engagement Appreciation Luncheon on September 21. Margaret Battersby Black was honored as one of the Law Bulletin Publishing Company s 40 Attorneys in Illinois Under Forty to Watch. Steven Levin spoke at the American Association for Justice s Litigating Nursing Home Cases Seminar on Exposing and Understanding Juror Attitudes in Las Vegas on October 15. Michael Bonamarte and Margaret Battersby spoke on July 7 at the 2011 Illinois Elder Rights Conference covering The Role of the Private Attorney in Enforcing Elder Rights through Litigation. On November 6, Jeff Martin climbed the Willis Tower to raise money for the Rehabilitation Institute of Chicago. As part of a team from Northwest Community Hospital s Wellness Center, Jeff climbed 103 flights of stairs (2,109 steps) and raised $3,750. Jordan Powell and Scott Richard played on the Illinois State Bar Association Young Lawyers Section s kickball team, which won the Wednesday night kickball league championship in late July. Steven Levin and Marvet Sweis attended a reception on November 15 to honor Dr. Alia Bouran s visit to Chicago. Dr. Bouran is the Ambassador of Jordan to the United States. 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.