permit no. 65 mailed from zip code 60102 algonquin, il … · 2020. 9. 3. · misdiagnosis and a...

325 North LaSalle Street, Suite 450Chicago, Illinois 60610(312) 332-2872 • FAX (312) 332-3112

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325 North LaSalle Street, Suite 450Chicago, Illinois 60610

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PERMIT NO. 65

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MAILED FROM ZIP CODE 60102PERMIT NO. 65

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PERMIT NO. 65

PAIDAlgonquin, IL 60102

Permit No. 65

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Algonquin, IL 60102Permit No. 65

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U.S. POSTAGEPAID

Permit No. 65

winter 2007

Levin & Perconti: Attorneys seeking justice for victims of injury and wrongful death since 1992.

Partnerssteven M. Levin Co-Founder in 1992, Lawyer since 1976

John J. Perconti Co-Founder, Lawyer since 1982

susan L. novosad Lawyer since 1986

Jeffrey e. Martin Lawyer since 1982

Lawrence B. Finn Lawyer since 1986

scott r. Clewis Lawyer since 1998

assoCiates

stephen J. Coukos Lawyer since 1995

Michael F. Bonamarte, iV Lawyer since 2005

Patricia L. M. Gifford Lawyer since 2006

John M. rushing Lawyer since 2001

editorMarikay Martin

PhotoGraPher Jill Carlson

…the Newsletter for and About the People We Serve.™Client Tell

Welcome to the second edition of Client Tell. We hope that the New Year is filled with health and happiness for you and your loved ones.

Medical Malpractice

$7.6 million verdict in failure to diagnose and treat abnormal bleeding after childbirth: D.G. v. Rush Prudential H.M.O. and obstetrician Dr. Yu.A Wauconda husband and his 5-year-old daughter received $7 million under a high-low settlement agreement reached in a Cook County medical malpractice case before a jury awarded them a $7.6 million verdict, believed to be a record amount in Illinois in a case against a defendant HMO. The award stemmed from the death of the wife and mother caused by defendants’ failure to adequately diagnose and treat abnormal bleeding 5 weeks after childbirth. Represented by: Steven M. Levin

$2.3 million settlement for failure to accurately interpret lab results: Estate of Jane Doe v. local laboratory A failure on the part of a local laboratory to correctly interpret two separate Pap smears performed two years apart resulted in a misdiagnosis and a delay in diagnosis of cervical cancer. The cancer caused significant pain and the untimely death of a 35-year-old wife and mother of three children. Represented by: John J. Perconti

$4.5 million settlement for birth injury due to failure to timely perform caesarean section: D.J.B., a minor by his guardian E.J., v. David Freedman, M.D., et al.:A family practice physician’s failure to perform a timely Caesarean delivery in the face of fetal distress caused brain damage and cerebral palsy to the newborn. The doctor failed to respond to nonreassuring fetal heart rate tracings by instituting intrauterine resuscitative measures or by calling for an immediate ob-gyn consultation to perform an emergency caesarean delivery. The child, now age 7, has permanent speech, cognitive, and behavioral impairments. Represented by: Steven M. Levin

$556,000.00 judgment for failure to diagnose pelvic mass resulting in loss of intestine: D. R. v. Raman Khanna, M.D. and Quincy Physicians & Surgeons Clinic, S.C. A judgment was obtained in a bench trial in Adams County (Quincy, IL) against a doctor for failure to diagnose a pelvic mass on an abdominal x-ray. The doctor misread the x-ray as a “tremendous amount of stool,” missing an 11 cm diameter mesenteric cyst that pulled itself down into D.R.’s pelvis and twisted the small intestines causing a small bowel infarction requiring emergency surgery. D.R. lost 75-80% of her small intestine and developed small bowel syndrome necessitating total parenteral nutrition until the remaining bowel adapted. She also developed peritonitis and a bowel obstruction requiring two additional surgeries. Represented by: Jeffrey E. Martin

Motor Vehicle

$10 million settlement for a 5-year old boy struck by a City of Chicago Fire Department truck: K.M. v. City of ChicagoA 5-year-old boy was struck by a City of Chicago Fire Department truck while playing in an open fire hydrant on the Fourth of July, resulting in the loss of his right leg and half of his pelvis.Responding to an emergency call, the fire truck passed by K.M. and other

children playing in the 3800 block of South Ellis Avenue. The fire truck returned soon after at a near idle speed, without its lights or sirens activated. A spokeswoman for the City Law Department acknowledged that the truck’s crew had seen the children when it first passed and should have taken more care when it returned to the area. The settlement, which is among the largest by the city, was approved before the full City Council and was supported by Mayor Richard Daley. Represented by: John J. Perconti

$1.25 million settlement for woman struck by bus in crosswalk: D.T. v. Alltown Bus Service, Inc.A 50-year-old woman was struck by a bus while walking in a crosswalk located at Argyle and Kenmore in Chicago. As the woman began crossing the street in the crosswalk while pushing a shopping cart, the bus not only struck her but rolled over her body causing multiple pelvic, rib, and spinal fractures. The bus driver pled guilty in traffic court to failure to exercise due care and striking a pedestrian. There was no plausible explanation by the driver as to why she did not see the pedestrian. Represented by: John J. Perconti

NursiNg hoMe

$1.5 million settlement for an 87-year old nursing home resident who suffered second and third degree burns: M.P. as administrator of the estate of E.J. v. Brentwood North Nursing and Rehabilitation Center, et al.A record $1.5 million settlement was approved by a Cook County judge for the family of an 87-year-old nursing home resident who suffered second and third degree burns when she was put into a steaming-hot sitz bath. While at Brentwood, E.J. developed a cyst on her labia, and her doctor ordered a sitz bath. Rather than placing her in lukewarm water, a nurse used water for the bath from an industrial coffee machine in the facility’s kitchen that had reached the temperature of 185 degrees. E.J. died from congestive heart failure seven months after the incident. The facility was also fined $10,000 by the State of Illinois. Represented by: Steven M. Levin and Susan L. Novosad

$1.4 million verdict for failure to ensure resident safety: J.L. v. Wedgwood Pavilion Nursing Home:A nursing home failed to manage a resident’s behavior which resulted in a shoving match that caused a 79-year-old fellow nursing home resident to suffer a serious fall, hip fracture, and death. After 20 minutes of deliberating, the jury delivered a note to the Court asking the Court if they could award more money damages than Mr. Perconti asked for in closing argument. Represented by: John J. Perconti

$1 million settlement for failure to provide adequate care: C.A. as administrator of the estate of W.R. v. Mercy Health Care Rehabilitation Institute:A nursing home’s failure to provide adequate care for a 75-year-old resident caused the resident to suffer malnutrition, dehydration, and Stage IV pressure sores, resulting in death. Represented by: Levin & Perconti

From the Law oFFices oF

CeLeBratinG FiFteen years oF serVinG our CLients Levin & Perconti prepares to celebrate our fifteen year anniversary this spring. As part of the celebration, the firm has committed to contributing $1,000 to fifteen worthy charities in our continued effort to make our community a better place to live. We are in the process of selecting the charities and will keep you posted.

Levin & Perconti recently filed suit in Cook County for a tragic fire that claimed the lives of six innocent children and severely injured two others.

John Perconti explained the nature of the tragedy: “Augusta and Amado Ramirez lived with their ten children in an apartment located at 7706 North Marshfield in Chicago for a number of years. Their friend, Maria Ramos, and her daughter, Scarlett, had been guests in their home. Tragically, on September 3, 2006, fire swept through their third floor apartment claiming the lives of five of their ten children, Vanessa, Erick, Idaly, Sucette, and Kevin. Mrs. Ramos’ daughter, Scarlett, also perished in the fire. Two of the remaining Ramirez children, Natali and William, 16 and 8 years of age, respectively, were severely injured in the fire.”

One of the defendants in the case, Marshway Limited Partnership and/or Marshway, L.L.C., owned the building where the fire took place. The building was under the management of CIG Management, L.L.C., and Jay Johnson, also named as defendants in the case.

Steven Levin spoke about the responsibilities of the owner and management companies in such a case: “Under the law, the owners and management company were obligated to provide a safe environment for their tenants and others present and to maintain the building in a reasonably safe condition.”

Perconti concluded: “As Steve, Patricia Gifford, and I were developing evidence in this case, we discovered

that the owners and operators of the building failed to protect their tenants by creating or allowing a number of fire hazards to exist in the building. The defendants also failed to have working smoke detectors in violation of the Illinois Smoke Detector Act and the Chicago Municipal Code.”

Both Steve and John agreed that this tragedy could have been prevented had proper safety precautions been implemented to protect the tenants who lived in the building, especially the children who were unable to protect themselves.

LeVin & PerConti Bids FareweLL to our Friend: MiChaeL F. BonaMarte, iiisePteMBer 19, 1956 –noVeMBer 5, 2006

“My dad was an example of how to make a difference in the community. He enjoyed helping people, never turning a client away, even if they couldn’t pay his fee.”

Our firm is deeply saddened to announce the passing of our friend

Michael F. Bonamarte, III. We express our deepest sympathy to his

wife, Laura, and his children: Michael, Colleen, Jackie, and Brian.

We had a special and unique friendship with Mike as an attorney

who referred his valued clients to our firm, as the father of our

esteemed colleague and associate, Michael F. Bonamarte, IV, and as

a friend who will be missed by us all.

Mike attended Knox College in Galesburg, Illinois and DePaul

University School of Law. Although he had offers to pursue a

professional baseball career, he chose a career in law and was

highly successful. Mike founded his own law firm specializing

in commercial and residential real estate, wills, trusts, and estate

planning. Realizing that his son was passionate about trial work, he

introduced Mike to Steve Levin and the rest, as they say, is history.

In the words of his son, Michael F. Bonamarte, IV: “My dad was

an example of how to make a difference in the community. He

enjoyed helping people, never turning a client away, even if they

couldn’t pay his fee. My dad was also a strong advocate for the rights

of senior citizens in the community. My dad always made me feel

safe and always assured me that everything would work out for the

best. I will miss him very much.”

traGiC Fire CLaiMs the LiVes oF six ChiLdren, seVereLy inJures two ChiLdren

Representing clients who have suffered serious or

catastrophic injuries.

Case BrieFs

Seeking Justice for victims of injury and wrongful death since 1992.

“ At the end of the day we’d like to think that we make a difference in the lives of the families we serve.”

$3 MiLLion reCord hiGh reCoVery aGainst a nursinG hoMe For Pressure sores.Arlene Williams raised six children alone so she was no stranger to taking on challenges. Her daughter, Sylvia, recalled, “Mom never let us down. She was always there for us.”

At 65-years-old, Arlene would face another challenge. She would undergo surgery to repair a brain hemorrhage. Post surgery, the doctors were pleased with her progress and recommended physical rehabilitation to help her recover and regain strength.

Arlene’s daughter, Sylvia, added, “I admitted mom to Renaissance Nursing Home so that she would get the best possible care. It was located just minutes from my home and office and I could visit mom every day at lunch to brighten her spirits. Mom needed assistance getting in and out of bed and changing positions but she was able to feed herself and verbally communicate her needs. She was ready to face the challenge of rehabilitation to regain her independence.”

Tragically, in the 22 days Arlene spent at the Renaissance, she was neglected and developed deeply infected, stage IV (exposure to the bone) bed sores on her sacrum (the base of the spine), foot, heel, and ankle that took four years to heal.

From the time Arlene was admitted, Sylvia questioned the lack of care her mother was receiving. More often than not, Sylvia would find her mother in the same position as the evening before, unchanged, and lying in urine. Her requests for help were frequently ignored and the staff complained that they had too many residents to care for. Arlene was not even receiving the physical therapy she required.

The turning point came when Sylvia visited her Mom during lunch and, once again, discovered that that she had not been turned or changed since the prior evening.

“She was very lethargic and her spirits were low,” said Sylvia. “I was so concerned that I examined my mother from head to toe. What I found was shocking.”

“There was a huge bruise on Mom’s sacrum. Her f lesh was actually falling off in an area larger than an orange,” observed Sylvia. “I asked that a doctor see her but was told that he was only there once or twice a week. I knew that if I didn’t get Mom out of there, she would die.”

The long road to Arlene’s recovery was filled with hospital stays, pain, dehydration, infections, and antibiotics. There were days that she lay unresponsive. Healing seemed like a distant and unlikely possibility.

Sylvia recalled, “Several lawyers refused to help me. They said that although this should not have happened, it would be too difficult to prove. I had lost all hope until I was referred to John Perconti.”

“John listened patiently to my story. He was like an answer to my prayers. From the beginning, I sensed that he was experienced and knowledgeable and had my mother’s best interests in mind,” said Sylvia.

John Perconti explained Arlene’s condition: “Pressure sores are caused when the blood supply to the skin is cut off by pressure and lack of movement. One sore on the base of Arlene’s spine was so large, deep, and badly infected that it took four years to heal. That sore measured five by four inches in size.”

In depositions, nursing home employees admitted that they were understaffed and failed to turn and reposition Arlene to prevent bed sores. They also admitted to giving her medication without a doctor’s order. She had developed stage IV pressure ulcers on one foot, heel, ankle, and sacrum.

“It’s tragic that Mrs. Williams had to suffer so badly, Perconti said. It is only one example of the rampant, nationwide abuse of residents in nursing homes and assisted living homes.”

“This settlement has provided Arlene with the necessary resources to live more independently at home with her daughter. After four years of hospitals and nursing homes, Arlene is finally at home where she belongs with her family,” Perconti said.

“Today Mom can’t sit in her wheelchair for more than two hours at a time and she requires a special mattress. Unfortunately, the sore at the base of her spine continues to open up. Still, I’m so grateful to have my mom home with me,” said Sylvia.

Renaissance at Hillside settled Arlene Williams’ case for a record $3 million in compensation for their failure to assess, prevent, and treat her condition.

Two doctors also paid Arlene compensation for their contribution to her injuries. The Cook County Jury Verdict Reporter noted this was a record settlement for a nursing home pressure ulcer case.

Case settLed in the death oF a 88-year oLd woMan dePriVed oF oxyGen

Bernadine Whiting was 88 years old when she died. Her adult children, Jon Randolph and Linnea Levy, shared the story of a woman who was a gifted journalist and who enjoyed antiques and gardening. Although Bernadine suffered from health issues not uncommon for a woman of her age, she participated fully in her life. Days before her death, she talked with her son and daughter about their lives, her hospitalization, and the family’s plans for Christmas. In a Christmas card written shortly before her hospitalization she wrote:

“I’ll be with Linnea and Johnny for Christmas as usual, good eating, good conversation, and the best of Christmas cheer. We will give thanks for health that permits us to be there to participate in the round table conversation and to eat with the best of them and cherish another year among our family. The best of years to come!”

Scott R. Clewis, the attorney representing Bernadine’s estate, described the tragedy that caused her death: “Bernadine was oxygen dependent. She was admitted to the hospital to have a Doppler study to determine the cause of a fainting spell which occurred at home when she was momentarily off her oxygen. The hospital and its staff knew and understood that Bernadine was at significant risk for a hypoxic event if she was not provided adequate oxygenation.

Sadly, on December 23, 2004, when Bernadine was brought back to the room after the Doppler study, the technician failed to reconnect her oxygen line to the flow meter on the wall and failed to notify the attending nurse of the patient’s return. Bernadine panicked as she struggled to breathe and died an untimely and horrible death, alone, because she was deprived of oxygen.

Although Bernadine had underlying medical conditions, including COPD, dementia, esophagitis, and gastritis, there is absolutely no evidence that her condition was critical and no question she may have lived for many years if adequate oxygenation and care was provided.”

“My family and I did not even have the chance to say “goodbye” to our mother. We do appreciate the high level of skill and attention that went into our case and were grateful that Mr. Clewis moved swiftly and decisively to capture the hospital’s attention and achieve an outstanding settlement,” Jon Randolph said.

After Bernadine’s death, the hospital’s policies were changed to require a nurse to be present upon a patient’s return from a test, particularly when such patient was oxygen dependent.

Clewis reflected: “It is my belief that life is valuable at any age. Each day was important to Bernadine, who loved and valued her life.”

Two months from the day Scott was first retained as the family’s lawyer, Bernadine’s case settled for $475,000.

LeVin & PerConti Lend a hand to woMen and ChiLdren Levin & Perconti proudly sponsors: The Society for the Preservation of Human Dignity [“PHD”], located in Palatine, Illinois and serving more than 3,600 women and their families in Chicago’s north and northwest suburbs. PHD provides counseling, education, and support services to women who are pregnant or parenting a child under the age of three. Counseling is delivered by masters-educated, Illinois state licensed professionals, in English and Spanish, and a referral network connects women to daycare, health care, employment, and housing. Educational programs empower families to create healthier relationships. PHD also provides diapers, baby food, children’s and maternity clothing to their clients. Visit PHD at www.sphd.org

“We share PHD’s philosophy that every person should be treated with respect and dignity each day of their lives. Our goal is to make a positive impact on the community by supporting PHD,” said John Perconti.

“In the city and suburbs, tragic things are happening to our parents, grandparents, and the elderly,” Perconti said. “Elderly residents depend upon these facilities for food and proper hydration and to turn them in their beds to prevent life-threatening sores.”

nine-year-oLd GirL MoLested By trusted teaCher

“Mandy” enjoyed activities typical of a third grader. She had many friends in her northwest suburban elementary school.

When “Mandy’s” mom returned to the work force, she investigated before and after school care options for her daughter and discovered what she considered the perfect solution. A program had been created within “Mandy’s” elementary school which advertised supervised activities, homework assistance, and the opportunity for Mandy to be surrounded by friends. Not only that, one of “Mandy’s” favorite teachers was the program administrator and site director. The program would meet in the classrooms in the morning and in an all-purpose room in the afternoon. It seemed like the perfect solution.

The innocence of a nine-year-old and a mother’s trust were shattered in one fateful afternoon. “Mandy’s” mom arrived after work to pick up her daughter at the usual time only to find her daughter upset and withdrawn.

“The moment my daughter got into the car, she burst into tears and would not meet my eyes. Between choked sobs I heard the words no parent should ever hear.”

“My teacher hurt me. He touched me and hurt me,” cried the distraught child.

“Mandy’s” mom drove to the police station where they interviewed the child. A trip to the hospital followed where doctors confirmed that “Mandy” had been sexually assaulted. Play therapy was used to help the little girl demonstrate what happened. “Mandy’s” male teacher, the site director of the before and after school program, had been named as her attacker. He was arrested, criminally charged, convicted, and

sentenced to 40 years incarceration.

“Parents should feel that their children are safe while in school,” said Larry Finn, who represented “Mandy” in the civil case against the school. “When investigating this case, we learned that this male teacher lured ‘Mandy’ into a satellite classroom by requesting her help with gathering school supplies for a group project, offered her candy as a reward for her help, then sexually assaulted her.”

Finn added, “What was also shocking was that both the children and teachers respected this teacher and that he was being groomed by the district to become a school principal. The school promised a safe and secure environment, but failed to protect ‘Mandy’ and the other children from this shameful abuse.”

Civil cases against public schools and their employees are difficult to prosecute because public schools operate under a different set of standards: they are immunized from negligence. Finn had to prove that the abuse had been committed through “willful and wanton conduct,” that is, either an intentional or conscious disregard for the child’s safety.

As Finn was developing evidence in this case, he uncovered information that another parent had, a year earlier, alleged that this teacher had engaged in inappropriate behavior toward her child. Unfortunately, this well respected teacher only received a verbal warning and no precautions were taken to protect the children.

“This was a tragic case of reckless disregard for the safety of a child,” said Finn, “and a monumental tragedy for an innocent nine-year-old girl.”

The school finally settled the case out of court but only after Finn deposed more than 30 witnesses and a trial date was imminent.

“Mandy” is older now but still struggles to cope with what happened to her. It is very difficult for her to trust men,” said her mother. “I am grateful that this child predator is in jail and can’t hurt another child the way he hurt mine.”

“What impressed me about PHD was their respectful, non-judgmental approach to helping women and their families. PHD offers hope to women, children, and teens; and connects members of the Hispanic community to services and education that will improve their lives,” said Steve Levin.

PERMIT NO. 65

PRESORTEDSTANDARD

U.S. POSTAGEPAID

PERMIT NO. 65

Permit No. 65

U.S. POSTAGEPAID

PRESORTEDSTANDARD

U.S. POSTAGEPAID

Permit No. 65

winter 2007

assoCiates

Medical Malpractice

Motor Vehicle

NursiNg hoMe

CeLeBratinG FiFteen years oF serVinG our CLients Levin & Perconti prepares to celebrate our fifteen year anniversary this spring. As part of the celebration, the firm has committed to contributing to $1,000 to fifteen worthy charities in our continued effort to make our community a better place to live. We are in the process of selecting the charities and will keep you posted.

Case BrieFs

PERMIT NO. 65

PRESORTEDSTANDARD

U.S. POSTAGEPAID

PERMIT NO. 65

Permit No. 65

U.S. POSTAGEPAID

PRESORTEDSTANDARD

U.S. POSTAGEPAID

Permit No. 65

winter 2007

assoCiates

Medical Malpractice

Motor Vehicle

NursiNg hoMe

CeLeBratinG FiFteen years oF serVinG our CLients Levin & Perconti prepares to celebrate our fifteen year anniversary this spring. As part of the celebration, the firm has committed to contributing to $1,000 to fifteen worthy charities in our continued effort to make our community a better place to live. We are in the process of selecting the charities and will keep you posted.

Case BrieFs

permit no. 65 mailed from zip code 60102 algonquin, il … · 2020. 9. 3. · misdiagnosis and a...

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