$6
Million Settlement reached in medical negligence lawsuit
(As
reported in the Chicago Daily Law Bulliten,
12/3/02)
A
hospital and members of a medical group agreed to pay $6
million to settle a medical negligence lawsuit filed by
a woman who claims the parties failed to treat her during
the last days of her pregnancy. The woman's child was born
severely mentally and physically disabled.
Cook
County Circuit Judge Richard J. Elrod approved the settlement
Monday.
Destiny
Wright was a patient a the Demir-Olson Medical Group's Bloomingdale
office. The group had split to form separate groups, but
was still responsible for treeating patients at that location.
Wright's attorney, Kurt D. Lloyd of Lloyd & Cavanagh,
argues the group neglected patients there.
"Each
physician who is supposed to be covering the office keeps
passing off the patients--like a hot potato," Lloyd
said. "Nobody ever took responsibility for this patient.
Nobody stepped up to the plate and was her doctor."
According
to the lawsuit, 32-year-old Wright was due to deliver her
baby on Jan. 29, 1998. On the evening of Feb. 1, she was
admitted to Glen Oaks Medical Center in Glendale Heights
because she complained of decreased fetal movement.
Doctors of the Demir-Olson Medical Group have practicing
rights at the hospital.
Tests
were conducted but Lloyd claimed that Dr. Linda A. Anderson
and Dr. christoper G. Olson, working the night and morning
shifts at the hospital respectively, failed to recognize
a fetal heart rate deceleration.
The
lawsuit further alleged that on other occasions, Dr. John
Josupait, Dora Pineda, a technician, and Alyce Grant, a
certified nurse/midwife, failed to study the test results
or recognize a low level of amniotic fluid.
Wright
delivered her daughter, Dania Atkins, on Feb. 5, 1998. The
child, now almost 5, cannot walk or talk. She is also partially
blind, Lloyd said.
He
said the girl is cared for by her mother, and receives physical
and occupational therapy four days a week.
Anderson,
represented by Michael A. Code of Lowis & Gellen, will
pay $1 million. Olson and C.G. Olson Ltd., represented by
John L. Schroeder of Schroeder, Adams & Swatek, will
pay $1,975,000.
Josupait,
represented by James Stamos and Jenni L. Young of Stamos
& Trucco, will pay $275,000.
Pineda
and the Tri-Village Obstetrics & Gynecology S.C. d/b/a
Demir-Olson Medical Group, represented by Daniel K. Cray
of Iwan, Cray, Huber, Horstman & VanAusdal, will pay
$1 million. Grant, represented by Gregory E. Schiller of
Johnson & Bell, will pay $850,000.
The
Glen Oaks Medical Center, represented by Sheryl M. Arrigo
of Donohue, Brown, Mathewson & Smyth, will pay $900,000.
The
case is Wright, etc. v. Anderson, et al., No. 98 L 14200.