$3.5 Million Settlement in Birth Malpractice Case

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1 August 2013 Levin & Perconti: Attorneys seeking justice for victims of injury and wrongful death since 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 ASSOCIATES Michael F. Bonamarte IV Patricia L. Gifford Jordan S. Powell Margaret P. Battersby Black Marvet M. Sweis Cari F. Silverman Jaime A. Koziol Greta M. Hafeman Matthew P. D Avanzo Ashley H. Herschberger Colleen M. Mixan Katherine M. Moorhouse Melissa Y. Gandhi CLIENT TELL EDITOR Jenna Hall CLIENT TELL COPY EDITOR Marci Kayne Representing clients who have suffered serious or catastrophic injuries. $3.5 Million Settlement in Birth Malpractice Case Susan Novosad and Cari Silverman recently settled a medical malpractice lawsuit against Northwestern Memorial Hospital in Chicago for $3.5 million. They represented the parents and twin brother of Connor Olsen, an infant who died six days after birth as a result of substandard care during delivery. David and Denise Olsen dreamed of starting a family soon after getting married in They struggled with infertility, but in 2009, Denise underwent in vitro fertilization and became pregnant with twins boys who they named Ryan and Connor. Like any parents-to-be, we felt joy and elation, remembers Denise. For us though, we had a greater sense of those feelings knowing the long road we had traveled to get to that point. To this day, David has saved the I sent him when I got news we were having twins, our ultimate dream. Denise s pregnancy went smoothly and according to David, Denise did everything possible to ensure healthy babies. On June 19, 2010, she was admitted to Northwestern Memorial Hospital for delivery. Ryan was born first and without difficulty. Minutes later, Connor was positioned for delivery, but his heart rate was low, so the obstetrician attempted to use vacuum extraction to assist in his delivery. This method failed and another obstetrician tried using forceps. When this method failed, the physicians should have performed a Caesarean section. However, records showed that the doctors attempted vacuum extraction and forceps again before employing manual maneuvers to reposition Connor. Shortly after Ryan was delivered, we felt a growing sense of urgency from the physicians trying to deliver Connor, recalled David. It became apparent through various techniques performed that something was wrong even though the physicians communicated little to us. It wasn t totally clear until Connor was delivered. 325 North LaSalle Street, Suite 450 Chicago, Illinois Attorney Susan Novosad Thirty-four minutes after Ryan was born, Connor was delivered, but he suffered severe brain damage due to a lack of oxygen to the brain. He was limp and not breathing at the time of his birth. Connor was taken to the neonatal intensive care unit and placed on a ventilator. The physician, due to his own emotional state, had a very difficult time giving us an explanation in layman s terms, said David. We also had a difficult time comprehending any sort of explanations as we were in the midst of trying to deal with what had just happened. David and Denise remained at Connor s bedside, but after six days, he died in Denise s arms. The family came to Levin & Perconti to find answers. We had healthy babies, said David. We just knew something went terribly wrong in the delivery room. Part of our desire to pursue legal action was simply to find out what really happened. We felt we never got the explanation we deserved. The overwhelming factor, however, was to do what we felt was right for Connor. He never had the life he deserved, and we did it for him. In June 2011, Susan filed a lawsuit on behalf of the Olsens. If the physicians had followed the standard of care and performed a Caesarean section, Connor would not have suffered prolonged oxygen deprivation and brain injuries, which led to his death, noted Susan. When Connor exhibited signs of distress and the initial delivery attempts failed, they should have, and could have, performed a Caesarean section because Denise was already in the operating room and the appropriate medical personnel were present Fax Toll-free Continued on page 2

2 As a result of this negligence, Connor s parents and brother have suffered. We are doing our best to move on, said Denise. Still, there will always be a feeling that our family is incomplete. While we are healing and remain strong for our son Ryan, what hurts most is that Ryan will never have the brother he should have had. That has been, and will remain, the most difficult thing for us to overcome. When we decided to pursue legal action, we of course had many options as far as law firms to hire to represent us, recalled David. In some respects we had to take a leap of faith and move forward with a firm. From the onset, Susan and the Levin & Perconti team made us feel that we made the right choice. While we were more than pleased with the professionalism of Susan and the team, what we needed most was compassion and friendship. We found that in Susan. She was more than our attorney, she was our friend who laughed and cried with us every step of the way. We will forever be grateful to Susan and the entire Levin & Perconti team. As a lawyer and mother of three, it was important for me to help Denise and David find justice for the death of their son Connor, said Susan. We cannot change the past but hope that this settlement sends a message to providers that substandard care during birth will not be tolerated. Now that the lawsuit has been resolved, the family continues to cope with the loss of Connor. It s bittersweet, said Denise. Unfortunately, the outcome can never bring Connor back so there is always that loss, but we feel good that we did the right thing for Connor and now have a better understanding of the events that transpired that day. Had we not pursued legal action, there would always be regret. Having gone through the experience has in some respects aided in our ability to heal and move on. Over $2 Million in Recent Verdicts for Elderly Clients At Levin & Perconti, we take great pride in the work we do to defend the rights of older people who have been injured or killed as a result of negligence. Since last fall, we have taken three lawsuits to trial for aging clients and in each case, we obtained noteworthy verdicts. These verdicts totaled over $2 million in compensation recovered. The first verdict came on November 1 when Margaret Battersby Black and Cari Silverman received a $584,300 award in a medical malpractice case against Northwest Community Hospital in Arlington Heights. Margaret and Cari represented the family of 87-yearold Anna Blokh, who suffered injuries after falling off a table in the hospital s radiology department. Anna died nine months later. At trial, the defense admitted liability but denied damages. Attorney Margaret Battersby Black The jury found that Anna s death was caused by the impact of her fall injuries. One day after this verdict, John Perconti and Patricia Gifford received a second verdict for the family of 81-year-old Emilio Opio in a lawsuit against Imperial Grove Pavilion, a nursing home in Lincoln Park. Emilio suffered serious brain injuries in a fall at the facility. He required close supervision and needed assistive devices to prevent him from falling out of his wheelchair. However, because he was not closely monitored, Emilio fell out of his wheelchair in the Attorney John Perconti facility s dining room and hit his head, suffering a brain injury that left a collection of blood on the surface of his brain. Emilio died nine months later as a result of complications linked to these injuries. The lawsuit was filed in October 2007 and the jury returned a $645,000 verdict in the family s favor. Recently, the case settled for an undisclosed amount in excess of the verdict (and the facility s insurance policy limits) prior to a hearing on our petition for attorney s fees as allowed under the Illinois Nursing Home Care Act. Finally, Jordan Powell and Patricia Gifford secured a third verdict in March on behalf of the family of 87-year-old Ida Mae Brown who suffered a broken hip in a fall at Kenwood Healthcare Center in the Woodlawn neighborhood of Chicago. The nursing home was required to provide her with adequate supervision and assistance to prevent a fall. After Ida s fall, she had surgery to repair her broken hip and never fully recovered from her injuries. Attorney Jordan Powell Our attorneys filed a lawsuit on behalf of Ida in November Her suit came to a close when the Cook County jury awarded her $842,801 for her injuries. Her medical bills totaled approximately $53,000, making this a large award for noneconomic damages. Through our extensive experience handling serious medical malpractice and nursing home lawsuits, we have had the privilege of representing hundreds of older individuals and their families, noted John Perconti. We don t see many nursing home cases go to trial because the Illinois Nursing Home Care Act requires the defendants to pay the plaintiff s attorneys fees if the plaintiff receives a favorable verdict. Historically, attorneys have shied away from representing older people, arguing that it is difficult to prove damages when a plaintiff no longer earns wages, is near the end of his or her life, or has preexisting medical issues, added John. Our attorneys firmly disagree with these dated perspectives. For over 20 years we have proudly represented older people in cases against nursing homes, hospitals, physicians, manufacturers and individuals. We are committed to ensuring that the elderly have access to our justice system and receive fair compensation for the harms caused to them. 2

3 $698,000 Settlement with Hospital and Ambulance Company John Perconti and Patricia Gifford settled a medical malpractice lawsuit with Edward Hospital and Superior Air-Ground Ambulance Service for $698,000. John and Patricia represented the family of an 81-year-old woman who died as a result of combined medical negligence by both defendants. Our client s wife received care at Edward Hospital in July 2009 for a gastrointestinal bleed. On the day she was to be discharged, she suffered a stroke in her hospital bathroom. Edward Hospital did not have a stroke center, so the medical plan was to quickly transfer her to a nearby hospital that had the ability to treat stroke patients emergently. Though our client displayed symptoms of a stroke, the hospital nursing staff did not follow her physician s orders to coordinate her emergency transfer or contact the ambulance company in a timely manner. The ambulance company was not called for almost 2 hours and once contacted, it took over 30 minutes for Superior to arrive at Edward for transport. Once the ambulance did pick up our client, paramedics did not use ambulance lights and sirens, and then stopped at all traffic signals during transport. The ambulance employees showed no urgency in transporting our client to the stroke center, noted Patricia. They failed to follow Superior s policies and procedures surrounding the transfer of a stroke victim. By the time our client arrived at the stroke center, she had already suffered severe and irreversible brain damage from which she never recovered. She required full-time care and lost the ability to communicate with her loved ones. She died in November 2011 as a result of these injuries. Attorneys John Perconti and Patricia Gifford Medical and surgical advances have made it possible for physicians to treat stroke victims, said John. However, it is very important that people who are having stroke symptoms receive timely medical treatment. In our client s case, the delays in transport led to a delay in crucial surgical treatment and closed the window of opportunity to reverse the effects of the stroke and prevent permanent brain damage. $500,000 Nursing Home Fall Settlement Against LaSalle County Nursing Home Recently, Susan Novosad settled a negligence suit against Pleasant View Luther Home, a nursing home in Ottawa, Ill., for $500,000. The case was filed on behalf of the surviving family of an 86-year-old man who died as a result of fall-related injuries. Our client s father was admitted to the nursing home in February Staff determined he was at a high risk for falls. He had suffered several falls prior to his admission due to impaired vision and Attorney Susan Novosad unsteady balance while standing and walking. He also suffered from intermittent confusion. Knowing this history, staff developed a plan for our client s father with interventions to prevent him from falling. Ten days after our client s father was admitted, he was discharged, but only remained at home for one day. He was then taken back to the hospital for a few hours and then readmitted to Pleasant View. Despite the fact that his condition had not changed and he was still at high risk for falls, no formal fall risk care plan was put into place, and no additional fall risk interventions were established to prevent him from falling. A week after his second admission, our client s father began suffering from hallucinations, but staff did not notify his family or physician. At 3:15 one morning soon after this change in his condition, a nurse heard a loud noise and found our client s father on the floor with blood under his head. The nurse notified his physician but failed to inform him that our client was bleeding. Based on the information provided to him, our client s father s physician concluded that it was not necessary to hospitalize him and instead ordered close monitoring. He was evaluated a few more times that morning, and although his hallucinations continued and his blood pressure was low, staff did not inform his physician and left him alone in his room until 8:00 a.m. At breakfast, he was unable to respond to their questions, so staff notified his physician who gave orders to transfer him to a local hospital. There, a CT scan revealed a subdural hematoma, or bleeding in the outermost layer of his brain. Our client s father was transferred to another hospital but passed away later that day as a result of trauma-related shock and intracranial bleeding. The Pleasant View staff violated the standard of care on numerous occasions, including when they failed to have the appropriate care plan and interventions in place, said Susan. Had they taken the proper precautions and notified our client s father s physician when his condition changed, he would not have suffered the fall injuries that caused his death. Although our client s father was admitted to the facility due to a decline in his overall condition, his family never expected to lose him so suddenly and in such a traumatic way. He suffered needlessly in the last hours of his life as a result of negligence on the part of the Pleasant View staff. 3

4 Recently Filed Cases Recent Settlements J.R. for C.R. vs. Passavant Area Hospital (Diagnostic error) The suit alleges that hospital staff failed to diagnose our 39-year-old client s cardiac condition, resulting in her death. The suit was filed in the Circuit Court of Morgan County. Anonymous vs. Confidential Nursing Home $960,000 (Nursing home medication error) Our client was administered incorrect doses of the blood-thinning medication Coumadin over several days, and nursing staff failed to monitor her blood coagulation levels. We alleged that our client died as a result of internal bleeding caused by Coumadin toxicity. J.M. for A.M. vs. Mt. Sinai Hospital (Medical malpractice) This medical malpractice lawsuit was filed on behalf of the family of a 26-year-old Cicero man who was admitted to the defendant facility and diagnosed with rhabdomyolysis. The hospital failed to timely and appropriately treat the rhabdomyolysis. The hospital also failed to timely diagnose and treat compartment syndrome, and provide an appropriate preoperative workup, and as a result our clients loved one suffered cardiac arrest during surgery. M.M. vs. Mercy Hospital (Hospital fall) This suit alleges that the defendant hospital failed to take proper precautions to prevent our client from falling, despite her known risk for falls. She fell twice and suffered a hip fracture, which led to a significant deterioration in her overall condition. A.K. for J.R. vs. Hillcrest Nursing and Rehabilitation Center (Pressure sores) Our attorneys filed suit against this facility for the family of a 49-year-old man who suffered pressure sores, and ultimately an abovethe-knee amputation as a result of nursing home negligence at the Joliet nursing home. D.T. for E.R. vs. Applewood Rehabilitation Center (Nursing home negligence) The family of a deceased nursing home resident filed this lawsuit, alleging that their mother suffered dehydration and infected bedsores as a result of nursing home negligence, and that her injuries contributed to her death. L.J. vs. Preservation Management Company (Premises liability) Our client was hired by the defendant Kankakee management company to clean an apartment building. However, company employees failed to warn our client about the potential presence of dangerous mold or provide him with the necessary equipment to prevent mold exposure. As a result, our client was exposed to hazardous mold and subsequently developed fungal pneumonia. Anonymous vs. Confidential Nursing Home $750,000 (Nursing home fall) Our client s mother was at risk for falls and required staff assistance to walk. A CNA left our client s mother standing alone and she fell, suffering a left femur fracture. This injury required surgery and she died as a result of post-operative complications, including pneumonia and sepsis. Anonymous vs. Confidential Nursing Home $700,000 (Nursing home fall) The facility failed to address our client s fall risk and failed to ensure our client received appropriate supervision and assistive devices to prevent falls. Our client suffered a fall resulting in a subdural hematoma, which eventually contributed to the cause of his death several months later. V.B. vs. Evergreen Healthcare Center $575,000 (Nursing home bedsores) Our client suffered a stroke and was transferred to Evergreen for rehabilitation. During her stay, our client developed bedsores on her heels and sacrum. This suit alleged that the facility failed to properly prevent, monitor and treat our client s bedsores, and these injuries contributed to her death. J.F. for J.F. vs. Berkshire Nursing and Rehab $500,000 (Nursing home bedsores) Our client was at high risk for the development of pressure ulcers upon admission. Staff failed to prevent him from developing pressure sores or appropriately treat his pressure ulcers once they developed. As a result, the sores became infected and this infection contributed to causing his death. Founding Partners John Perconti and Steve Levin 4

5 $3 Million Settlement in Drowning Death Case Attorney Steve Levin Steve Levin and Jordan Powell recently represented a family in a lawsuit surrounding the drowning deaths of two family members in a hotel pool. While on a family vacation, one family member entered a swimming pool at the hotel. The family member moved from the shallow end of the pool to the deep end of the pool and became submerged. Seeing this family member s struggle, a second member of the family entered the pool to help. After several minutes of struggle, both were discovered unconscious by another hotel guest. Both victims knew how to swim, and the incident was captured on surveillance video. Hotels are required to follow pool codes to ensure the safety of their guests, noted Steve. Through our investigation, we discovered that the defendant s pool was not in compliance with state or federal regulations. The defendant hotel failed to provide safe conditions to its guests, added Jordan. The pool water was murky and there were no ropes or demarcations to separate the shallow end from the deep end. There was also no lifesaving equipment readily accessible. Our attorneys frequently co-counsel with other firms throughout the country in order to best serve our clients and maximize compensation for the harms caused to them. In this case, we are proud to have worked with attorney Jesse Guerra from the J. Guerra Firm to bring justice to this family that was completely devastated by the loss of two of its members. Levin & Perconti and my firm have partnered on cases in the past and continue to partner with outstanding results, said Jesse. Our teams complement one another as we work to Levin the case. What is Levin-ing the case? Levin-ing verb:, Gaining admissions of rules violations from the defendants and their employees by anticipating, embracing, and undermining the defenses. Attorney David Cohen, Stark & Stark $1 Million Settlement in Nursing Home Bedsore Suit Attorney Michael Bonamarte Steve Levin and Michael Bonamarte recently recovered a $1 million settlement for a client in a nursing home negligence case. Our client s father was admitted to the defendant facility with a bedsore on his sacrum. Less than three months later, he was hospitalized and staff discovered that his wound had grown to 10 centimeters long and wide, and 2 centimeters deep. At the facility, he also developed a large bedsore on his left hip and sores on his buttocks and legs. Several of his wounds became infected. People are admitted to nursing homes with existing pressure sores every day, said Steve. When a resident comes in with a bedsore, it does not mean that the nursing home is off the hook. Nursing homes cannot make excuses, or say it s not our fault when someone is admitted with bedsores. Federal law obligates facilities to take all necessary measures to prevent pre-existing bedsores from getting worse or becoming infected. They are also responsible for preventing new sores from forming. In our client s case, the nursing home failed to take the appropriate measures to prevent his sores from worsening. This caused him to develop a number of large, infected bedsores and he had to remain in the hospital for many months. He eventually returned home but still required extensive wound care by his children and a home health care agency. At home, the condition of his wounds improved thanks to extraordinary efforts by his adult children in conjunction with the home health services. However, his wounds never fully healed and he continued to suffer the pain and discomfort associated with them until the time of his death. During depositions, staff testified to hundreds of violations of the standard of care and facility policies and procedures, said Mike. When I asked the director of nursing of the defendant facility to grade the care provided to our client, she gave her own staff an F. The defense argued unavoidability because our client came in with a developed bedsore, added Mike. However, the fact that our client s family none of whom were medically trained were able to improve his wounds after he left the facility undermined their arguments. 5

6 325 North LaSalle Street, Suite 450 Chicago, Illinois Phone: Seeking justice for victims of injury and wrongful death since 1992 Levin & Perconti Attorney News Levin & Perconti was a proud sponsor of the Decalogue Reception Honoring the Judiciary in November. Margaret Battersby Black presented on Nursing Home Litigation at the Disability Rights Consortium s March meeting at Equip for Equality. Jordan Powell spoke at the 2012 Governor s Conference on Aging on the topic of Actions Against Nursing Homes in Chicago last December. Susan Novosad participated in a panel discussion on Interviewing: Advice and Tips from the Pros. The event was hosted by women s groups at DePaul, Kent, John Marshall and Loyola law schools. Steve Levin participated in a panel discussion on Voir Dire: Legal & Strategic Issues as part of the Circuit Court of Cook County's Free Lunchtime CLE series. Steve Levin, John Perconti, Susan Novosad, Patricia Gifford, Marvet Sweis, Cari Silverman, Jaime Koziol, Matthew D Avanzo and Greta Hafeman attended a recent Society of Trial Lawyers dinner in Chicago. Steve Levin moderated and presented at the Illinois Institute for Continuing Legal Education's Advanced Evidentiary Issues at Trial seminar in Chicago. John Perconti, Susan Novosad and Patricia Gifford served as judges for the John Marshall Law School s Dean Fred F. Herzog Moot Court Competition at the Dirksen Federal Building. Steve Levin spoke at the American Association for Justice s Litigating Nursing Home Cases Seminar: From Case Selection to Trial on the topic of Key Depositions in a Nursing Home Case. Mike Bonamarte presented on Taking Depositions to Win the Case at the Kentucky Justice Association s Nursing Home Litigation seminar in Lexington. Marvet Sweis was named vice president of the newly formed Job Placement Advisory Board for John Marshall Law School. Jaime Koziol represented Levin & Perconti at DePaul Law School s Meet the Employers event. Margaret Battersby Black spoke about brain-injury lawsuits at the American Association of Legal Nurse Consultant s Educational and Networking Forum in Chicago. Margaret Battersby Black spoke about Using Litigation to Protect Elderly Clients in Nursing Homes at the Chicago Bar Association Elder Law Committee s May meeting. Patricia Gifford and Cari Silverman spoke at the Illinois Trial Lawyers Association s Technology Seminar on ipad Apps for Trial Lawyers. Levin & Perconti sponsored the Jewish United Fund s Lawyers Division Dinner, held in Chicago. 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.