May 2009 Archives

May 21, 2009

Medical Malpractice In The Military Revisited

On March 26, 2009 we reported on the efforts of one family to have the Feres doctrine legislatively overturned.  If you recall the Feres doctrine prohibits an active member of the United States military from suing the an Army hospital for medical malpractice.  This prohibition on medical malpractice suits brought by members of the armed services has long been an unfair bar to the legitimate claims of our nation's heroes.

We are glad to announce that a House Judiciary subcommittee recently approved legislation to correct the injustice that is the Feres doctrine.  This new bill would allow servicemen and their families to hold the military accountable for medical malpractice.  The Carmelo Rodriguez Military Medical Accountability Act of 2009 is sponsored by Rep. Maurice hinchey (D-NY) and is named after serviceman Carmelo Rodriguez who died in 2007 after his cancer was misdiagnosed by military doctors.  Below is a CBS news report about the late Sgt. Rodriguez.



The full House Judiciary Committee will take the matter up in July and decide whether to present the same to congress before it can become the law.  While early on in the process, we are pleased to see the injustice of the Feres doctrine, which has been the law of the land since 1950, finally on the verge of being corrected.

May 11, 2009

Jury Awards $2.1 Million To Chicago Man

A Wisconsin jury awarded $2.1 million to a Chicago, Illinois man who was the victim of medical malpractice in southern Wisconsin.  49 year old Daniel Nelson was injured in a motorcycle accident near Lake Geneva, Wisconsin almost nine years ago.

While rehabbing in a Burlington, Wisconsin hospital after the accident, Nelson's tracheotomy tube became obstructed.  Doctors waited too long before calling for an emergency team skilled in airway management to clear the tube.  As a result, he nearly died and was in a coma for weeks.  Nelson has since partially recovered, and now suffers from significant speech and memory problems. 

Wisconsin.jpgThe jury awarded Nelson $994,716 in medical expenses, $1 million for pain, suffering and disability, $50,000 to Nelson's wife for loss of consortium and $65,000 to Nelson's son,  Nelson has had multiple surgeries since the medical malpractice occured and is now confined to a wheelchair.


May 6, 2009

Chicago Area Girl in Critical Condition After ATV Accident

The Chicago Tribune is reporting that a 14 year old suburban Chicago girl is in critical condition after the atv she was operating collided with another driven by her eleven year old brother.  While the children were wearing helmets, the girl was injured when the two vehicles collided in suburban Wadsworth.

The child has been hospitalized with a head injury.  Her brother escaped major injury with cuts and bruises.  All terrain vehicles have been the subject matter of extensive litigation surrounding their safety.

May 1, 2009

Chicago Swine Flu Update

The number of swine flu cases reported in Illinois has risen to 41 as of Thursday, April 30, 2009 according to the Chicago Sun-Times.  11 of those cases are being reported in the Chicago Area.  109 cases of swine flu have been confirmed nationwide.

Chicago area schools are closing in the face of what may be a pandemic outbreak of the virus.  State and local officials anticipate the number of confirmed cases in Chicago, Illinois to rise in the days and weeks ahead.

If you or a loved one has symptoms which may be swine flu please call your local doctor or hospital before you go to the office or emergency room.

May 1, 2009

Jury Awards Medical Malpractice Victim $12 Million

A Tennessee jury awarded a 33 year old woman $12 million dollars yesterday in what is being reported as one of the states largest ever jury awards.  The jury returned the verdict against a local gastroenterologist who left the girl brain damaged after a procedure that was meant to diagnose bowel problems.

The injury occured when the plaintiff suffered a tear in her small intestine during an edoscopic exam.  The doctor defended himself by trying to blame the victim for not going to the emergency room quickly enough once she began to experience symptoms of the tear.

Goldberg & Goldberg is a Chicago, Illinois law firm representing the victims of medical malpractice and other serious personal injury matters for over forty years.