$5.35 Million Settlement Reached for Death of New Mother

Summer 2009
$5.35 Million Settlement Reached for Death of New Mother
John Perconti and Patricia Gifford recently announced a
$5.35 million settlement for the wrongful death of
18-year-old Octavia Shealey of Chicago. Octavia died
while a patient at Advocate Bethany Hospital in Chicago.
The settlement was reached on behalf of Octavia’s daughter
Tanyia, who was only 3 weeks old when her mother died.
Levin & Perconti: Attorneys
seeking justice for victims of injury
and wrongful death since 1992
PARTNERS
Steven Levin
Co-founder in 1992, lawyer since 1975
John Perconti
Co-founder in 1992, lawyer since 1982
Susan Novosad
Lawyer since 1986
Jeffrey Martin
Lawyer since 1982
Bryan Waldman
Lawyer since 1992
ASSOCIATES
Michael Bonamarte IV
Patricia Gifford
Jordan Powell
Margaret Battersby
On August 8, 2004, Octavia gave birth to Tanyia without
complication. Octavia seemed perfectly healthy
after the birth and returned home to her mother’s house
with the baby. According to Octavia’s mother, Rochelle,
motherhood seemed natural to Octavia and she easily
adjusted to taking care of her daughter. Rochelle noticed
that Octavia was often tired, but attributed it to being a new
mother.
On September 2, 2004, three weeks after Tanyia’s birth,
Octavia experienced shortness of breath and chest pains, so
her aunt took her to the emergency room at Bethany. “She
called me at work and told me she was having bad chest
pains and could hardly breathe so I agreed to meet her at
the hospital,” recalled Rochelle. After a short wait in the
emergency room, a physician’s assistant diagnosed Octavia
with pneumonia, and the attending emergency room
physician signed off on the diagnosis.
Rochelle stayed with Octavia until late that evening. She
decided to leave because the doctors and nurses reassured
her that Octavia would be fine. “When I left the hospital
that night, I thought she was just run down from caring for
the baby,” said Rochelle. “I had no idea how serious her
condition was or that I would never see my daughter alive
again.”
After her initial diagnosis, Octavia received a chest x-ray
and certain blood tests. The x-ray results did not support
a diagnosis of pneumonia, but instead demonstrated signs
of congestive heart failure. The doctors and hospital staff
missed these signs and continued to administer medications
and treatments for pneumonia, which actually worsened
Octavia’s heart condition.
Lindsay Mack
EDITOR
Jenna Bosco
PHOTOGRAPHER
Jill Carlson
Representing clients who
have suffered serious or
catastrophic injuries
clienttellsum09 clg.indd 1
325 North LaSalle Street, Suite 450
Chicago, Illinois 60654
(312) 332-2872 • FAX (312) 332-3112
Toll free (877) 374-1417
www.levinperconti.com
Octavia’s daughter Tanyia,
now 5 years old
Throughout the night, Octavia was boarded in the
emergency room because there were no beds available in
the hospital’s intensive care unit. During the next three
nursing shifts, her pulse and breathing rate were twice
that of normal. Early the next morning, Octavia was
assigned to a new doctor for insurance reasons. This
physician immediately recognized that she was most
likely suffering from heart failure, not pneumonia.
He ordered that Octavia be intubated to help with her
breathing. An echocardiogram confirmed the
diagnosis of postpartum cardiomyopathy and treatment
was instituted.
Postpartum cardiomyopathy is a serious and
life-threatening condition that women can suffer
following pregnancy. The condition causes ventricular
heart damage, which affects the heart’s ability to pump
blood throughout the body. If caught early, it can be
treated with medications and respiratory support. In
some severe cases, patients may even require a heart
transplant.
Continued on Page 2
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8/6/09 12:30:42 PM
Octavia had tired significantly from struggling to breathe for over 15 hours. At
9:00 a.m. on September 3, an ICU bed finally became available and she was
transferred to the ICU. During the transfer, a nurse had difficulty administering
oxygen to Octavia and pulled out her breathing tube. Without any oxygen,
Octavia went into respiratory and cardiac arrest. The hospital staff tried to
resuscitate her but their attempts were unsuccessful and Octavia died soon after.
“This process has helped me learn the true facts of what happened to my
daughter and has brought closure for me and my family. My attorneys did an
outstanding job in discovering the truth and resolving this case,” said Rochelle.
“It was so hard to lose my daughter like this. But through it all, I still have a
piece of Octavia in Tanyia. As she grows, I see Octavia in her and this really
helps me to cope with things.”
The lawsuit was filed against Advocate Bethany Hospital, Dr. Sang In Han, Dr.
David Bogolub, Dr. Andrew Labrador, Diane Samson, P.A., Dr. Victor Thomas,
Dr. Velliampallil John, and Emergency Medical Specialists, a medical group.
“Octavia’s death was tragic because it was preventable with timely medical
treatment,” said John Perconti. “She was boarded in the emergency room
without any physician responding to her serious medical symptoms and
complaints for over 15 hours. The nurses ignored her grossly abnormal vital
signs. They just let her lie there on a gurney until her heart finally gave out.”
Added John, “While I am happy we were able to reach a settlement in this case,
it will never compensate Tanyia for the tragic loss of her mother at such a young
age.”
Prior to her death, Octavia Shealey was an active 18-year-old who had recently
received her GED and was attending the International Academy of Design &
Technology in Chicago. She loved clothes and was taking classes in fashion
design with hopes to pursue a career in the fashion industry. On weekends,
Octavia loved listening to music and dancing with her friends. She had a special
bond with her mother, and she and Rochelle often took trips to downtown
Chicago where they would explore the city together.
Octavia holding newborn Tanyia
Bike Safety Rules To Live By
In the warmer months, more cyclists take to the roads and bike paths of
Illinois. Whether you are an avid cyclist or a leisure rider, it is important to
fully understand bike laws before you get on your bike. Attorney Bryan
Waldman has summarized the Illinois Vehicle Code to raise awareness
surrounding bicycle safety laws.
Additionally, cities and townships may have ordinances that specifically apply
to cyclists. The City of Chicago ordinances provide:
Rules of the Road for Illinois Cyclists
2.
3.
1. Cyclists have the same rights and duties as motorists.
2. A cyclist must ride as close as possible to the right curb or edge of the
road, except when passing another bike, making a left or right turn, or
avoiding unsafe conditions (e.g., pedestrians, animals, debris, potholes).
3. On a one-way street, a cyclist may ride as close as possible to the left curb
or edge of the road.
4. Cyclists may not ride more than two abreast, except on bike paths. If
riding two abreast, cyclists should not disturb normal traffic flow and
must ride within a single lane.
5. Cyclists may not carry anything that prevents the use of both hands to
control the bike.
6. Cyclists must always keep at least one hand on the handlebars.
7. At night, a bike must have a lamp on the front and a red reflector or lamp
on the back.
8. All bikes must have a brake.
9. A police officer may stop a cyclist and inspect their bike if he/she believes
that a bike is not safe or does not have the equipment required by law.
10. A bicycle can only be ridden by the number of people the bike is
designed to accommodate (one person per seat), except for adults
carrying a child in a pack.
11. Cyclists may not cling or grab onto vehicles.
1.
Cyclists 12 or older may not ride on the sidewalk unless it is a designated
bicycle route and no cyclist may ride on the sidewalk in a business
district.
Cyclists may not ride in the road which has an adjacent bike path.
Cyclists must ride single file except on paths or roads used exclusively for
bicycling.
Source: Article XV, Chapter 11 of the Illinois Vehicle Code
and the Chicago Municipal Code
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8/6/09 12:30:45 PM
Susan Novosad Settles Medication Error Case
an
elle.
a
y
Recently, Susan Novosad settled a
case against a Chicago-area physician,
his medical group and a pharmacy for
$650,000. This medical malpractice and
negligence case was brought by the son of
an 86-year-old man who died as a result
of poor direction and instructions with
regard to writing, filling and refilling his
medication prescription.
Attorney Susan Novosad
Our client’s father had been taking
Coumadin®, a blood thinner, for
approximately seven months after he
suffered a stroke in June 2003. When the
doctor first prescribed the medication, the
prescription directed the patient to take
five 1 mg tablets of Coumadin each day.
On February 16, 2004, during a routine appointment, the doctor changed the
way the Coumadin was to be taken. The doctor wrote a new prescription for a
month’s supply of 5 mg tablets of Coumadin with directions to take the
medication “as directed”; however, he did not mention the dosing change from
1 mg tablets to 5 mg tablets to the patient or his caretaker. When the patient
filled the prescription at his pharmacy on March 4, the pharmacist also failed to
provide new dosing instructions that explained this change from 1 mg to 5 mg
tablets.
the hospital with Coumadin toxicity, which resulted in internal bleeding,
vomiting, aspiration pneumonia and sepsis, causing his death on March 29,
2004 at the age of 86.
Susan stated, “The events that led up to the victim’s death were inexcusable
but I believe that justice was served. We were able to receive fair compensation
for the mistakes of the doctor and pharmacist,” said Susan. “Both the physician
and the pharmacy had a duty to deliver clear dosing instructions and alert our
client’s father to the change in his prescription. Unfortunately, they failed to do
so, and our client lost his father as a result of their mistakes.”
Susan hopes to warn others against the dangers of dosing errors in medication
administration. “In the case of our client’s father, the changes in his
prescription were not communicated to him, and as a result he continued to take
his medication as he had in the past,” said Susan. “It is important for patients,
their caretakers and family members to pay close attention to the dosing
information, as well as the look and feel of the actual medication. Often,
medications look very similar and it can be hard to identify the differences
between doses.”
Our client’s father began taking five 5 mg of Coumadin daily. On March 9, he
had the prescription refilled after he exhausted the 30-day supply given only
five days earlier. On March 17, our client’s father was emergently admitted to
$600,000 Settlement for Construction Accident
Recently, John Perconti and Bryan Waldman successfully settled a construction
accident lawsuit for $600,000. The lawsuit was filed on behalf of a 47-year-old
pipe fitter from Park Ridge, IL, who suffered a serious back injury while
working at the Baymont Inn & Suites construction site in downtown Chicago.
The lawsuit was brought against the general contractor and sub-contractors for
their failure to maintain a safe walkway for workers on the jobsite. On
February 19, 2004, our client was working at the construction site. He exited
from a construction elevator on the first floor of the site and encountered a
material lift obstructing the walkway. While moving the material lift out of the
passageway, he tripped over a piece of structural steel that was blocking the
passageway and fell backwards, landing on the beam. Immediately, he felt
severe pain in his back and legs and could not get up. With the help of his
coworkers, he was taken to a nearby emergency room. There, he was given pain
medication and later released, but he continued to suffer severe lower back pain
and pain in both legs.
Our client was diagnosed with spondylolisthesis, a condition where the
vertebrae in the lower back are pushed out of place, putting pressure on the
spinal cord and the surrounding nerves. In November 2004, surgeons
performed a laminectomy and fusion to stabilize the spine and alleviate
pressure on the nerves. Following surgery, our client spent months recovering
and was unable to work for several years. He was forced to quit many of the
pastimes he enjoyed, such as playing tennis, golf and softball.
According to John Perconti, this accident would have been prevented had the
worksite been properly maintained. “It was the responsibility of the
construction company to make sure the construction site was safe for all of its
workers and contractors,” said John. “The jobsite was deplorable, and
complaints from sub-contractors were noted regularly in the daily log sheets.
Construction companies need to keep their passageways clear and free of
tripping hazards to prevent accidents like this one.”
Attorneys Steve Levin & John Perconti
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8/6/09 12:30:48 PM
Medical Negligence/Wrongful Death Lawsuit Against U of C
John Perconti filed a lawsuit in the Circuit
Court of Cook County against the University
of Chicago Medical Center, David Frim, M.D.,
and Sherise Ferguson, M.D. on behalf of a
family who lost their 22-year-old daughter and
granddaughter on November 25, 2008.
Dominique Salter died a year after suffering
severe brain damage while under the hospital’s
care.
Dominique Salter, then 21, went to the
emergency room at the University of Chicago
Medical Center on November 11, 2007,
complaining of a severe headache. She was
given pain medication and sent home with
instructions to return if the headache came
Attorney John Perconti back. Dominique, with her mother and
grandmother, returned to the U of C
emergency room later that day, still complaining of a severe headache.
Dominique met with a neurosurgical resident who diagnosed her with a
malfunctioning brain shunt.
Dominique was born with a condition called hydrocephalus, an abnormal
accumulation of fluid in the brain. At birth, doctors implanted a shunt in her
head to help drain cerebral spinal fluid. Dominique’s shunt had malfunctioned
several times in the past as her body grew into adulthood, and each time it
required replacement. Prior to each replacement, Dominique experienced
headaches similar to the one she had on November 11, 2007, and all symptoms
resolved with the shunt replacement.
There were no beds available on the hospital’s neurosurgical intensive care unit
when Dominique was admitted so she was boarded in the emergency room. For
the next 52 hours, Dominique remained in the emergency room and was treated
with pain medication for her continuous headache.
“While she was in the emergency room, they did little to treat her symptoms,”
said Benita Salter, Dominique’s mother. “They just kept giving her pain
medications, but they weren’t helping her headaches. They only made her feel
worse.” Dominique’s neurosurgeons were aware of her condition and performed
various studies documenting her failed shunt; however, they chose to schedule
surgery for four days later on November 16, 2007.
past and had gone through this surgery before. Each time, she was back to
normal and getting around soon after the surgery. She would still be with
us if they had replaced her shunt right away.”
The lawsuit alleges that the University of Chicago Hospital physicians and
staff had over two days to address Dominique’s condition, yet her signs and
symptoms of increasing intracranial pressure were repeatedly ignored. Her
family tried to convince the doctors to operate sooner, but their pleas were
dismissed.
“It is shocking that Dominique’s doctors failed to address her symptoms
immediately,” said John Perconti. “The doctors knew she had dangerously
high intracranial pressures and for whatever reason, elected not perform a
simple procedure to relieve the pressure and prevent the brain from
herniating. She had been through this process several times before and
clearly indicated to her doctors that she was experiencing the same
headaches she had before previous shunt replacements. If they had
performed surgery soon after she was admitted, Dominique would be living
a normal life. Unfortunately, their negligence caused Dominique’s untimely
death and changed the lives of those close to her forever.”
Before her hospitalization, Dominique was a college student studying
criminal justice at Westwood College. She had graduated from Calumet
High School and hoped to someday become a lawyer. Along with her
studies, she wrote poetry and loved being around her family and friends.
She also spent a great deal of time with her younger siblings who admired
and looked up to her.
Today, Dominique’s family still struggles to cope with the loss of their
daughter, granddaughter and big sister. They hope that their lawsuit will
prevent future mistreatment from happening to another family. Her
grandfather Joseph chooses to remember Dominique for the caring person
that she was. “She had something special, a way of touching everyone she
met,” recalled Joseph. “She was loved by everyone. As a grandfather, it
makes me proud to have raised a granddaughter like Dominique. She will
be missed, but will always live on through our memories of her.”
Unfortunately, Dominique did not make it to the scheduled surgery on
November 16. In the early morning hours of November 15, Dominique suffered
a brainstem herniation that led to severe and irreversible brain damage. She was
finally taken for emergency surgery at that time, but it was too late. The pressure
within Dominique’s cranial cavity was so great that it forced her brain into the
hole at the base of her skull.
After the emergency surgery, Dominique remained in a coma in the hospital for
over three months and showed little signs of progress. Upon leaving the hospital
in February 2007, she was in and out of a number of Chicago nursing homes
and hospitals but her condition never improved. During this difficult time, her
mother, grandparents and extended family showed their support by spending
hours by her bedside every day. Despite their prayers and efforts, Dominique
passed away on November 25, 2008, at Regal Health and Rehabilitation nursing
home in Chicago.
“If they would have done the surgery earlier, she would be at home now,” said
Gelene Salter, Dominique’s grandmother. “She had malfunctioning shunts in the
clienttellsum09 clg.indd 4
Dominique, left, at graduation
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8/6/09 12:30:50 PM
Recently Filed Cases
Medical Malpractice
H.K. vs. L.J., M.D., Fertility Centers of Illinois, S.C. (Failure to Diagnose
Cancer) This case was filed against the defendant physician for failing to
diagnose adrenal cancer in a 21-year-old patient. Instead, he diagnosed her as
having polycystic ovary syndrome. The 1½-year delayed diagnosis postponed
critical treatment, causing her cancer to advance and spread to her lungs,
thereby significantly reducing her prognosis.
E.S. for A.K. vs. Hinsdale Hospital (Improper Discharge) The hospital
failed to diagnose and effectively treat the 68-year-old victim’s depression
and psychosis, and improperly discharged her despite knowing she was a
danger to herself. Shortly after returning home from the hospital, the victim
attempted suicide by jumping from her third-floor balcony. She suffered
extensive injuries from the fall, resulting in permanent immobility.
N.R. vs. R.E., M.D. (Failure to Diagnose Cardiac Condition) The
plaintiff went to his physician complaining of cardiac-related symptoms and
the physician failed to appropriately assess and diagnose the plaintiff’s
cardiac condition. As a result, he suffered a myocardial infarction that
resulted in severe brain injury and overall physical debilitation.
Motor Vehicle/Trucking/Boating Accidents
M.R. vs. J.B. (Boating Accident) The plaintiff filed this personal injury
complaint against the captain of a boat for failure to safely operate his
watercraft. The captain’s negligence caused the boat to crash and caused the
plaintiff to suffer significant personal injuries.
R.C. for T.C. and G.C. vs. Geils Farms, LLC et al. (Trucking Accident) The
plaintiff filed this complaint against a truck driver and the farm that owned
his truck. The defendant driver’s truck collided with a pick-up truck driven
by the plaintiff. The plaintiff’s wife was killed in the accident and he and his
3-year-old son both suffered serious personal injuries. The defendant truck
driver was under the influence of marijuana at the time of the crash.
Slip & Fall
M.G. vs. Central City Management (Slip & Fall) This lawsuit was filed on
behalf of an apartment resident who fell on icy indoor steps leading to her
building’s laundry room. The defendant landlord was negligent in preventing
ice from accumulating inside the stairwell and the plaintiff broke her right
tibia and fibula as a result of this negligence.
Nursing Home
L.P. for J.P. vs. Aspen Ridge Care Center (Pressure Ulcers) In its negligence,
the nursing home staff failed to prevent pressure ulcers from forming on an
80-year-old resident. The nursing home resident suffered multiple serious
pressure ulcers, leading to a decline in her condition, which contributed to
her death approximately five months later.
D.W. for P.S. vs. All Faith Pavilion and Platinum Health Care
(Malnourishment, Pressure Ulcers) The complaint was filed against the
nursing home for failure to prevent this 80-year-old decedent from becoming
malnourished and developing pressure ulcers. She suffered severe infection
and sepsis, and died from these injuries.
M.I. for C.Z. vs. Hampton Plaza Nursing Center (Failure to Supervise) This
lawsuit was filed on behalf of the family of a 66-year-old woman who died
from burns she sustained at the nursing home. This resident suffered severe
injuries after she burned herself while smoking. The nursing home staff was
negligent for failing to remove smoking materials from her room and failing
to provide her with adequate supervision to prevent her from harming herself.
M.W. for W.L. vs. The Renaissance at Hillside (Pressure Ulcers) Upon admission to the nursing home, this 77-year-old resident was assessed as
being at risk for developing pressure ulcers. The nursing home failed to
develop an appropriate plan of care and failed to implement nursing
interventions to prevent pressure ulcers, resulting in the development of
multiple infected pressure ulcers, which caused and contributed to her death.
O.C. for J.D. vs. Greenwood Care Nursing Home (Failure to Monitor) This
41-year-old nursing home resident was admitted with schizophrenia, a
condition that requires ongoing supervision and monitoring, and was at
known risk for suicide. The nursing home staff failed to closely monitor
the resident and he fell from his 4th floor window. He suffered significant
personal injuries and died shortly after the fall.
T.S. for I.S. vs. Glenview Terrace Nursing Center (Failure to Monitor) The
nursing home failed to properly monitor this resident and answer his calls
for assistance, resulting in him sustaining a fall. The injuries from his fall
included head trauma and bleeding in the brain that required surgery. These
injuries led to a deterioration of his overall condition and he died several
months later.
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Recent Settlements
Nursing Home
N.G. for J.H. vs. Crestwood Care Center ($325,000) The nursing home
failed to provide the necessary treatment and services to avoid the
development and worsening of pressure sores in this 70-year-old resident
with lupus. During her residency, she developed multiple serious pressure
sores and suffered from septicemia.
G.P. for M.S. vs. ManorCare at Peoria ($125,000) The 97-year-old
decedent was admitted to the defendant nursing home after hospitalization
for a fractured ankle. Upon admission, the decedent was assessed as a high
fall risk. She was improperly transferred from her wheelchair to the toilet,
causing her to sustain fractures to her left distal tibia and fibula.
D.W. vs. Exceptional Care ($100,000) The nursing home failed to prevent
this nursing home resident from falling several times, despite her risk for
falls. She suffered a broken tibia and fibula after one such fall.
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information contained herein are intended for advertising and
informational purposes only and should not be construed as legal advice.
8/6/09 12:30:51 PM
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Seeking justice for victims of injury
and wrongful death since 1992.
Levin & Perconti Attorney News
• Steve Levin contributed to the article “Combating Juror Bias in
Nursing Home Cases,” which appeared in the first edition of the
AAJ Nursing Home Litigation Group Newsletter.
• Bryan Waldman spoke to medical students and residents on April
17 at the Michigan State University College of Osteopathic
Medicine on “Depositions and Disability Evaluations.”
• Susan Novosad, Patricia Gifford and John Perconti served as
judges for the John Marshall Law School (JMLS) Moot Court
Competition held March 2-5. They are all graduates of JMLS.
• John Perconti presented “How to Successfully Sue Nursing
Homes” to the Illinois Trial Lawyers Association through a live
Web seminar on April 23.
• Steve Levin presented to the NAELA (National Academy of Elder
Law Attorneys) IL Chapter on “Protecting the Rights of Elderly
Clients in Personal Injury Matters” on March 13.
• Steve Levin spoke on April 23 at the New Jersey Association for
Justice Boardwalk Seminar about “Using Midwestern Sensibilities
to Deal with the Conservative Juror.”
• Mike Bonamarte was a judge for the International Law School
Mediation Tournament held at JMLS on March 20-21.
• Jordan Powell was reappointed as a board member of the Young
Lawyers Division of the Illinois State Bar Association.
• Susan Novosad was a guest commentator on WCPT 820 AM’s
Un-Common Law Radio Show with Kurt Moller on March 22.
• Margaret Battersby volunteered at the Glass Slipper Project on
May 2.
• Jordan Powell served as a judge for the 1L Trial Advocacy
Competition at JMLS on March 27 and for the Charles Evans
Hughes Moot Court Competition at Chicago-Kent College of
Law on April 3.
• Bryan Waldman spoke on “Developing Damages” at the
Michigan Association for Justice Annual Meeting in Dearborn,
MI, on May 8.
• Steve Levin spoke to the Elder Law Class at DePaul University
in Chicago about “Nursing Home Abuse and Neglect Litigation”
on March 31.
• In April, Steve Levin was named to the American Constitution
Society (ACS) Chicago Chapter’s Board of Advisors.
• Jeff Martin was a panel member at the ACS Chicago discussion
titled “Doing Well While Doing Good: Creating a Career that Fits
Your Progressive Ideals” on June 4.
• Bryan Waldman ran the Dexter/Ann Arbor Half Marathon in
Michigan on May 31 and participated in the Ann Arbor Triathlon
on June 7.
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8/6/09 12:30:53 PM