The Illinois Appellate Court, First District has decided that when a plaintiff dies during medical malpractice litigation, even after the statute of limitations has run, the estate can add a wrongful death claim. Previously, plaintiffs were faced with inconsistent statutes which made this scenario unclear. In Lawler v The University…
Articles Posted in Birth Injury
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…
Tort Reform And The Imagined Health Care Crisis
This blog entry comes courtesy of the President of the Illinois Trial Lawyers Association and was published in the February 24, 2011 edition of the Belleville News Democrat: It is once again time to set the record straight with your editorial board. There was never a health care crisis in…
Low Apgar Score at Birth Associated with a Later Diagnosis of Cerebral Palsy
A low vitality score, better known as an Apgar score, at birth is a strong predictor of a later diagnosis of Cerebral Palsy according to a new study published on bmj.com. The authors learned that children with an Apgar score of less than 3 at birth had a 100 times…
Goldberg & Goldberg, LLC Secures A $1,625,000.00 Settlement In Wrongful Death Case
Goldberg & Goldberg, LLC 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…
Goldberg & Goldberg, LLC Secures A $5 Million Dollar Settlement For A Brain Injured Child
Lawyers at Goldberg & Goldberg, LLC 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…
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…
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…
Don’t Get Sick On Christamas: Medical Malpractice Over The Holidays
Conventional wisdom says don’t get sick over the holidays. Hospitals are understaffed, doctors are distracted and the overall quality of medical care is diminished at even the finest of institutions. Over and over again we see cases at otherwise fine Chicago area hospitals that have one thing in common. The…
Medical Malpractice And Tort Reform: Enough Already
Joanne Doroshow wrote an excellent article in the Monday, November 9, 2009 edition of The Huffington Post called Medical Malpractice Tort Reform – We Are Already Suffering And Don’t Need More. She points out that unless you are currently living under a rock you have heard the term “tort reform”…