September 2009 Archives

September 25, 2009

Actor Dennis Quaid Appeals Ruling Dismissing His Medical Malpractice Case In Chicago



The National Law Journal is reporting that the actor Dennis Quaid and his wife have filed a lawsuit in Cook County, Illinois against Deerfield based Baxter Healthcare Corp. concerning a drug overdose his children suffered at Cedars-Sinai Hospital in Los Angeles, California. The actor and his wife claim that the overdose occured, in part, due to confusing drug-labeling by the manufacturer of the drug Heparin.

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The lawsuit was filed in Chicago and dismissed by the trial court on jurisdictional grounds. The drugmaker claimed, and the trial and appellate courts have agreed, that the case would be more appropriately filed in California. The Quaids have petitioned the Illinois Supreme Court to hear the case.

The Quaid children were given 1000 times the recommended dosage of the drug Heparin while being treated at Los Angeles's Cedars-Sinai Hospital. While there have been no adverse effect from the overdoes as of yet, the Quaids are concerned about the effect of the overdose on the twins health and well-being in the future.

Goldberg & Goldberg has extensive experience prosecuting cases involving drug and prescription error, including medical malpractice and product liability cases involving the misuse of drugs. In 1991, Barry D. Goldberg obtained a $127,000,000 verdict in a drug product liability cases that is still the largest personal injury verdict in the history of the State of Illinois.

September 25, 2009

Cook County Lawsuit Accuses 4 Of Fake Facebook Profile



A lawsuit filed in Cook County Circuit Court in Chicago, Illinois accuses four defendants of creating a fake Facebook profile of a teenage boy which claimed the teenager was gay. The suit contends the defendants created a fake profle with malicious intent to disparage and damage his reputation.

The fake profile has since been removed, but at one point it had close to 600 facebook friends. The plaintiff is concerned that the false information contained in the profile will follow him around through life.

Sadly, the internet has a life of its own. Items posted to Facebook and other social networking sites exist in cyberspace with little or no verification of veracity.

September 18, 2009

Illinois Law Protects Brain Injured Children's Right To File Lawsuits



In Illinois there is a stautue of limitations on medical malpractice claims which generally prohibits filing of a lawsuit two years from the date of malpractice or two years after the malpractice is discoverd. The statute of repose sets an outside tail date for filing such claims after four years have elapsed from the time of the initial malpractice. There are certain exceptions to this general statute of limitiations. At Goldberg & Goldberg we are proud of our work to help protect the rights of brain injured children. As an example of such work we are proud to say that due to our tireless efforts to fight for and protect brain injured children, including those suffering from cerebral palsy, the Illinois Supreme Court extended the statute of limitations for minors suffering from a brain injury indefinitely.

In Bruso v. Alexian Brothers Hospital, 178 Ill. 2d 445, 453 (1997), the Illinois Supreme Court, in an opinion authored by Justice Michael Bilandic held, that a minor who is under another legal disability, such as a brain injury, shall have the statute of limitations tolled on his claim until said legal disability is lifted. As a result, brain injured persons are protected from the statute of limitations until such a time as their disability no longer exists. This is a significant victory for consumers in Chicago, and throughout Illinois.

September 18, 2009

$14 million Verdict Against Doctor for Treatment That Left A Man Disabled For Life



Medical Malpractice attorneys won a $14 million jury verdict on behalf of a father and optometrist left bed-ridden and paralyzed resulting from a botched, unnecessary procedure in 2002. According to the lawsuit, Francis Ziadie was suffering from dizziness and slurred speech when he arrived at the emergency room. The next morning, Ziadie complained of short-term slurred speech and numbness in his hand. A CAT scan and magnetic resonance angiography showed no evidence of a stroke. Doctors diagnosed transient ischemic attacks which, according to the standard of care, are treated with aspirin and Plavix. Usually these syptoms resolve themselves within 3-6 months.

Instead, doctors inserted a stent into the patients Carotid Artery. Because the patient was on blood thinning medications at the time, blood leaked from the puncture site and pooled around his brain causing massive pressure damage.

The jury returned their verdict in less then six hours, finding that the plaintiff, now age 53, will require around the clock attendant care for the rest of his life.

September 9, 2009

Jury Awards $7.3 Million In Malpractice Lawsuit



A Los Angeles jury has awarded a California family $7.3 million in a medical malpractice lawsuit concerning a hospital's failure to diagnose and treat a child suffering from meningitis. The jury unanimously awarded the five year old damages for her injury which has left her brain damaged, The defendant in the case was the neonatal intensive care unit at Cedar-Sinai Medical Center. The case is eerily reminscent of cases that Goldberg & Goldberg has litigated in the Chicago area, including The Circuit Court of Cook County.

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Meningitis is an inflamation, or infection, of the meninges which is a sheath-like protective covering over the brain and spinal cord. Meningitis is dangerous because of the close proximity of the meninges to the brain and spinal cord and the risk of devastating brain injury and paralysis. Children don't often present with classic signs of meningitis, like a stiff neck. Meningitis is diagnosed by sampling the cerebrospinal fluid which can yield proof of an infection of the meninges shortly after samples are obtained.

The typical treatment for meningitis is a prompt regiment of antibiotic and antiviral medication. Left untreated, meningitis can lead to deafness, hydrocephalus, epilipsy and cognitive brain damage.