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April 15, 2014

Neonatal Encephalopathy and Neurologic Outcomes - Revised Criterea from ACOG



In 2003 the American College of Obstetricians and Gynecologists(ACOG), along with the American Academy of Pediatrics, published Neonatal Encephalopathy and Cerebral Palsy: Defining the Pathogenesis and Pathophysiology ("NEACP"). This monograph became more commonly known as "the Green Book" and it has been roundly criticized as an attempt by its authors to use "junk science" to create hard an fast "essential" criteria to diffuse obstetrical malpractice claims against Ob/Gyns. In the more than 10 years since its publications its authors have backed off the allegedly essential nature of its core criteria and physicians have been forced to admit that factors like cord blood ph levels above 7.0 can still occur in births where the fetus experiences perinatal asphyxia that is the result of negligence.

Continue reading "Neonatal Encephalopathy and Neurologic Outcomes - Revised Criterea from ACOG" »

February 6, 2013

Goldberg & Goldberg Files Wrongful Death Case On Behalf Of 91 Year Old With Alzheimer's Disease Who Froze To Death Outside Retirement Home



On February 6, 2013, the Chicago law firm of Goldberg & Goldberg filed a wrongful death case on behalf of the Estate of Genevieve Klimczak who died on February 12, 2012. Ms. Klimczak was a resident of McHenry Villa, a self described "retirement community" offering 24 hour a day security..."so residents can leave the worries of living alone behind them." McHenry Villa and Home Instead, Inc. have been named as defendants in the lawsuit. McHenry Villa is located at 3516 W. Waukegan Road in McHenry, Illinois.

On February 12, 2012, Genevieve Klimczak a 91 year old resident of McHenry Villa with Alzheimer's disease was allowed to elope from her room at McHenry Villa and walk out of the building through a self-locking door that could not be opened from the outside. Ms. Klimczak's body was found the next morning by employees of McHenry Villa. The temperature overnight was as low as 7 degrees Fahrenheit. At the time, Ms Klimczak was being attended by caregivers from Home Instead, Inc. Ms. Klimczak is survived by her nephews, Donald Lorenz and John Lorenz, and her niece, Evelyn Marthalar.. Mrs. Klimczak was a lifelong resident of Chicago.

May 1, 2012

Neurological Injuries Related To Humira Use



Abbott Laboratories best selling drug, Humira, has been linked to a host of serious side effects, including severe neurological injuries. Abbott's is on track to sell $15 billion worth of the drug per year by 2015. Abbott already expects to sell close to $10 billion worth of Humira in 2012. Humira is used to treat a variety of rheumatological conditions, including, Rheumatoid Arthritis and Ankylosing Spondylitis as well as Crohn's disease.

In 2009, Abbott included the following warning in the package insert for Humira under section 5.5 titled, Neurologic Reactions:

"Use of TNF blocking agents, including HUMIRA, has been associated with rare cases of new onset or exacerbation of clinical symptoms and/or radiographic evidence of demyelinating disease. Prescribers should exercise caution in considering the use of HUMIRA in patients with preexisting or recent-onset central nervous system demyelinating disorders."

If you, or a loved one has been injured by Humira, please do not hesitate to call us at 800-368-0255.

July 12, 2010

Goldberg & Goldberg Secures A $1,625,000.00 Settlement In Wrongful Death Case



Goldberg & Goldberg is pleased to announce that they have settled a wrongful death case involving the death of a newborn child for $1,625,000.00. The case, Vega v. St. James Hospital, et al, involved the negligent diagnosis and management of fetal distress of mother and child during labor and delivery at St. James Hospital in Chicago Heights, Illinois in 2002. The baby survived a little over one hour before he ultimately died due to complications surrounding his resuccitation.

The defendants claimed that the child suffered from a microscopic pathologic defect which prevented him from being able to adequately perfuse oxygen in utero. The child is survived by his parents and three brothers and sisters.

June 3, 2010

Goldberg & Goldberg Secures A $1,000,000 Settlement In Rockford Medical Malpractice Case



Goldberg & Goldberg partner, Ian R. Alexander, secured a $1,000,000.00 settlement in the case of Newburg v. Swedish American Hospital, et al 02 L 263 which is pending in Winnebago County, Rockford, Illinois. In 2001, the day before Thanksgiving, Margaret Hoffman went to Swedish American Hospital complaining of chest and back pain. Doctors in the Emergency Room were able to determine that she was not having a heart attack. Her cardiologist ordered the hospital to perform a CT Scan of Ms. Hoffman's chest in order to rule out an aortic aneurysm as the cause of her pain. The hospital did not carry out the order for a CT scan until 48 hours later when Ms. Hoffman experienced a drop in her hemoglobin which indicated that the aneurysm had ruptured. Unfortuntely this intervention came to late and Ms. Hoffman, a 61 year old clerk at Zion Development Corporation, passed away on the operating table.

Ms. Hofman was survived by her two adult children. Records indicate that this settlement was one of the largest recoveries in recent history in Winnebago County for a wrongful death case where the survivors were adult children, and one of the few cases to settle in Rockford for in excess of $1,000,000.

We are very proud of the hard work that we did for Ms. Hoffman's family. From the beginning all of the defendants claimed that Ms. Hoffman's death was a result of her own poor health and had nothing to do with the numerous mistakes that they made in caring for her while she was a patient at the hospital over the Thanksgiving holiday in 2001.

April 15, 2010

The Whole Truth About Medical Malpractice and Insurance



Fact: Did you know independent authoritative studies have shown that medical malpractice claims have little effect on overall health care costs?

• Malpractice claims boost overall health care costs no more than a tiny percentage
according to the Congressional Budget Office.

• The Congressional Budget Office has also concluded that the most anti-patient medical
malpractice "reforms" may lead to poorer health care and worse patient outcomes.
Source: Personal Health Care Expenditures taken from the Centers of Medicare and Medicaid Services.

• For more information regarding insurance reform, see "The Whole Truth About Medical Malpractice and nsurance" pages 31-33 available HERE.

*Thanks to the Illinois Trial Lawyer's Association for this information.

March 17, 2010

Goldberg & Goldberg Secures A $5 Million Dollar Settlement For A Brain Injured Child



Lawyers at Goldberg & Goldberg secured a $5 million dollar settlement on behalf of a 22 year old man who was brain injured at birth when his labor and delivery at Northwestern Memorial Hospital was negligently managed by resident physicians. The labor and delivery was managed by residents because the plaintiff was a low income patient and in 1988 Northwestern Memorial Hospital had a policy of allowing residents manage the delivery of patients who did not have private physicians.

The plaintiff was able to file his lawsuit against Northwestern thanks to a law in Illinois that preserves the rights of brain injured people against the statutes of limitations and repose which would have ordinarily run. Goldberg & Goldberg challenged the statute of limitations law in a prior lawsuit and helped create this protection for brain injured children in a prior piece of litigation.

The settlement money in this case will be used to buy our brain injured client a handicap accesible home, electric wheelchair and a special van with a lift, among other things. He and his mother have had to do without this assistance for the past 22 years.

February 5, 2010

Illinois Supreme Court Rules In Favor Of Patient On Medical Malpractice Reform



The Illinois Supreme Court in a 4-2 decision struck down limits on damages awards in medical malpractice cases with its decision in Lebron v. Gottlieb Memorial Hospital on thursday. The court held that the legislation was unconstitutional. The majority opinion, authored by Justice Fitzgeral held, in part: "[W]e necessarily consider...the legislature's goal in enacting the statue-responding to a health-care crisis. Our separation of powers analysis, however, does not stop there. The crux of our analysis is whether the statue unduly infringes upon the inherent power of the judiciary. Here, the legislature's attempt to limit...damages in medical malpractice actions runs afoul of the separation of powers clause."

This is a major victory for patients and consumers in Illinois. The legislature has tried, on three seperate occasions, to enact caps on damages in medical malpractice cases. For years lobbiests for the insurance industry have argued that medical malpractice awards have contributed to the high cost of health care in Illinois despite the fact that insurace payouts on these claims have remained level for the past two decades.

All citizens of Illinois should have a right to ask a jury of their peers for redress when they have been victimized by negligence, regardless of the profession of the guilty party. To see a copy of the Supreme Courts landmark opinion look here.

January 15, 2010

What Is Over Radiation In The Context Of Cancer Treatment As It Relates To Medical Malpractice?



Radiation therapy in cancer treatment uses high doses of radiation to kill cancer cells and helps prevwent them from spreading throughout the body. The use of radiation therapy is one of the primary means that physicians have to help treat patients who have been diagnosed with cancer and is prescribed in 60% of all cancer treatment scenarios. Radiation is typically prescribed and administered through the use of an external beam which is provided by a machine called a linear accelerator. The beam is localized and given in precise measures of energy, or doses, to specific areas on the human body for treatment.

Over radiation occurs when some element of error occurs during the treatment process and the patient gets more then the prescribed dose of radiation over a period of time. While the linear accelerator is a very precise provider of radiation, there is a human component involved in doing the math and physics required to set up the machine to provide accurate treatment dosage. The system sometimes fails when these human failsafes are ignored and the patient receives the wrong amount of radiation.

The results for over radiated patients are devastating. The extra radiation, even in seemingly small doses, weakens and kills healthy tissue causing skin and organ damage, and often death. At Goldberg & Goldberg we have handled over radiation cases which have resulted in record recoveries for our clients including a verdict of $16 million and a settlement of $7.5 million.

January 14, 2010

Chicago Medical Malpractice Suit Nets Records Recovery



The Chicago Sun-Times reported today about Goldberg & Goldberg's record recovery in a wrongful death case where the deceased had only adult children survivng her. Patricia Quirk, age 60, died in 2004 after her doctors at Little Company Of Mary Hospital negligently over radiated her while treating her for cancer.

The lawsuit accused The Hospital and Quirk's radiation oncologist of failing to make sure that Ms. Quirk received the proper amount of radiation while receiving treatment for stage 3 endometrial cancer. She ultimately received overradiation on seventeen different occasions of her treatment. Ironically, at the time of her death she was cancer free,

The lawsuit settled for $7.5 million. Mrs. Quirk is survived by her husband and two sons.

January 12, 2010

GOLDBERG & GOLDBERG SECURES $7.5 MILLION SETTLEMENT FOR WRONGFUL DEATH OF A 60 YEAR OLD WOMAN IN CHICAGO MEDICAL MALPRACTICE LAWSUIT



Barry D. Goldberg and Peter A. Nicholson of the Chicago law firm of Goldberg & Goldberg have settled a wrongful death case on behalf of the Estate of Patricia Quirk for $7.5 million. Quirk v. Little Company of Mary, et al., 05 L 00379. The case was assigned for trial to the Hon. Thomas Hogan in the Circuit Court of Cook County. Little Company of Mary is represented by Marilee Clausing and Susan Hannigan of Anderson, Rasor & Partners, Radiation Oncology, S.C. is represented by David Burkter of Cunningham, Meyer & Vedrine and the radiation oncologist is represented by Mary Cunningham of Kominiarek, Bresler, Harvick and Gundmundson, all of Chicago.

Beginning on March 26, 2003, Patricia Quirk received an overdose of radiation to her pelvis as she underwent radiation therapy for a stage 3 endometrial cancer. She received 50% more than the prescribed dose of radiation on 17 separate occasions during her radiation therapy. This radiation overdose ultimately perforated her bowel, causing her to become septic and leading to her death on May 8, 2004 at the age of 60. Mrs. Quirk is survived by her husband Thomas Quirk and two adult children. Mrs. Quirk was a life long resident of Chicago who resided in the West Lawn neighborhood. She was a social worker who was considered an expert in the field of community relations and the concurrent politics of mental health care. She was previously honored by four Chicago Mayors, the City Council and the Illinois General Assembly for her work with the mentally disabled citizens of Illinois.

Goldberg & Goldberg is a premier Chicago, Illinois law firm that concentrates its practice in the representation of plaintiffs in medical malpractice lawsuits. In addition to this settlement Goldberg & Goldberg has secured other significant results in over radiation cases, including a $16 million jury verdict in 2005. Barry D. Goldberg, one of the firms senior partners, also has the largest personal injury verdict in the history of the state, a record setting $127 million result. Goldberg said, "we are pleased to be able to deliver some measure of justice to the Quirks who have suffered such a terrible loss of this wonderful person."

This settlement is a record settlement in Cook County for the wrongful death of an adult leaving no minor children as survivors, the previous record was $7.3 million, and is a record settlement for an over-radiation wrongful death case in Cook County.

January 5, 2010

Gymnasts Settle Sex Abuse Lawsuit For $1.5 Million



Gymnastics coach Michael Cardamone, who was accused of fondling 13 of his former gynastics pupils, has settled a lawsuit with them for $1.5 million, the Sun-Times is reporting. The gymnasts brought their lawsuit in 2005 accusing Cardomone and the Aurora gym owned by his family.

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Cardamone was sentenced to twenty years in prison by a DuPage County jury in 2005 for fondling seven former students. His conviction was eventually overturned by an appeals court that ordered him to undergo a new trial.

The civil lawsuits was settled by the insurance company that insured the family gym, The American Institute Of Gymnastics, in Aurora, which is owned by Cardamone's mother, Linda Lynch. Lynch, in a statement said, that she still supports her son and that any settlement over "zero is too much," The thirteen girls will split up the proceeds of the settlement.

December 17, 2009

Illinois Supreme Court Delays Release Of Medical Malpractice Reform Decision



Earlier this week the Illinois Supreme Court announced that it would likely release its decision on medical malpractice reform in the case of Lebron, et al vs. Gottlieb Memorial Hospital, et al today.

Unfortunately, it appears that the court did not release the decision today as anticipated. This is not an uncommon occurence. The Lebron case was argued before the court over one year ago and the supreme's decision is much anticipated by the trial bar and general public.

The Medical Malpractice Reform Act of 2005 was determined to be unconstitutional by Judge Diane Larsen of the Circuit Court of Cook County. Her ruling determined that caps on damages in medical malpractice cases are not allowed by the state constitution, something that the Illinois Supreme Court has decided on two prior occasions.

December 14, 2009

Psychiatic Malpractice: Glaxo Said To Have Paid $1 Billion To Settle Paxil Lawsuits



Bloomberg News is reporting that GlaxoSmithKline has paid almost $1 Billion to settle lawsuits over the antidepressant drug Paxil since 1993. Almost $400 million of those dollars have been used to settle lawsuits over claims that Paxil users were more likely to commit or attempt to commit suicide after taking the drug. Another $200 million was used to settle claims regarding Paxil related birth defects.

To date almost 450 Paxil related suicide lawsuits have been settled by the drug manufacturer. There are an additional 600 claims outstanding claiming that Paxil caused birth defects. In October, a Philadelphia jury found the drug maker responsible for birth defects in a 3 year old boy and ordered a $2.5 million dollar award to the boy and his family.

At Goldberg & Goldberg we routinely handle drug product liability cases and have the largest drug product liability verdict in Illinois history, and award of more then $127,000,000. Please feel free to contact us for a free consultation.

December 11, 2009

Actor James Woods Settles Medical Malpractice Case And Gets An Apology



Hollywood actor James Woods setttled a medical malpractice case brought on behalf of his brother who died while he was a patient in the Emergency Room of Kent Hospital in Kent County, Rhode. The Providence Journal Online Edition is reporting that while the financial terms of the settlement are confidential, the hospital took the unusual step of apologizing to the Woods family for their mistake.

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Woods said the impetus for the settlement came with a phone call from hospital president Sandra Coletta. In that call, he said he heard something he'd never heard from Kent Hospital before, someone saying she was sorry for his family's loss.

It has been widely reported that apologizing for medical mistakes is the number one way a doctor or hospital can help curtail a medical malpractice claim. Often times patients and their families are looking for closure after the loss of a loved one. An apology is often the piece of the grief puzzle that helps wounds heal and allows people to move on after a tragedy.

For his part, Woods said the conclusion would give him, if not closure, some piece of mind about the meaning of his brother's death. "It makes it possible for me to go to my brother's grave and ask if I've done the right thing," he said.