In October, 2003, a jury awarded Hannah Foley sixteen million dollars in damages for the brain damage she suffered at birth at Ingalls Hospital in Harvey, Illinois on March 17, 1998. The child was represented at trial by Nick Motherway. The judgment was against Dr. Peggy Fletcher, the delivering obstetrician, and her medical group, which had insurance coverage well in excess of the verdict. The defendants elected to exercise their right to appeal and once all appeals were exhausted, the defendants owed $18,294,774.73. That sum was paid pursuant to an order of the Probate Division of the Circuit Court of Cook County, Illinois, entered March 7, 2006. Nick Motherway said it was extremely gratifying to know, now with certitude, that Hannah’s future care is secured. This is precisely the kind of tragic case, with proven negligence, that the insurance industry wants to prohibit, leaving the maimed to shift for themselves while premium profits reach new record levels, Motherway said.

A Cook County Circuit Court jury has awarded $2.7 million to the family of a Midlothian man after finding that his 2002 death from heart disease resulted, in part, from medical negligence.

The jury awarded the family of Scott Tracy $5.4 million, ruling his death resulted from negligence on the part of his physician, Lee Freund, D.O. and the Midwest Physician Group in Crestwood which employed Freund. The award amount was later halved to account for Tracy’s own negligence in his treatment, according to Robert J. Napleton, the Tracy family’s attorney.

In the suit, Tracy’s family argued his life could have been spared if his doctor had ensured he took a stress test within two to three days. Tracy, 36, went to his doctor May 6, 2002, after experiencing pain in his chest and left arm, Napleton said. The doctor ordered a stress test and instructed him to monitor his blood pressure, Napleton said. On May 23, Tracy died of heart disease, a day before he was scheduled to undergo the stress test.

Tracy v. Freund, et al, 02 L 15583.

Steve Warf, 46, a drag-racing crew member from LaGrange Highlands, was working on a

car engine at a Top Fuel Drag race in Columbus, Ohio, three years ago when the car’s

owner turned on the engine. It took off the middle finger and the tips of three other

fingers on Warf’s right hand.

A Cook County jury awarded Warf a $2.2 million verdict against Ralph White Racing

of LaGrange.

“He started the engine with my guy’s hands in it, and that exhibits an indifferent

attitude,” said Warf’s attorney, Robert Napleton. “That’s a 6,000-horsepower engine,

compared to your average engine which has a horsepower of 250. These things use rocket

fuel and go from zero to 100 in 8 tenths of a second,” Napleton said. Warf traveled

the country working as an unpaid pit crew worker on White’s team, Napleton said.

While he is still able to serve as the plant manager of a Broadview auto parts

company, Warf had to quit his part-time job as a firefighter and emergency medical

technician for Brookfield. “He had to retire from the Fire Department–he had no

strength to hold an ax, or a hose,” Napleton said. “He can throw a baseball, but a

football or 16-inch softball is a problem,” he said.

On January 28, 2003, Judge Mary Mulhern approved a $3 million dollar settlement on

behalf of the Estate Richard Hoselton against Dr. Rodolfo Mejicano. Dr. Mejicano

allegedly failed to diagnose and properly treat Mr. Hoselton’s significant coronary

artery disease. Richard Hoselton suffered a fatal heart attack on November 29, 1997.

Mr. Hoselton was 48 years old at the time of his death and is survived by his two

adult children.  Nicholas J. Motherway represented the Estate of

Richard Hoselton.

The two remaining parties in a medical malpractice case settled for $1.125 million

Thursday, bringing the total settlement amount to $7.625 million.

Cook County Circuit Judge John A. Ward approved the settlement.

The plaintiff, Carl Musillo, sued Rush-Presbyterian-St. Luke’s Medical Center and

two doctors, alleging that the parties failed to administer a vaccine after his spleen

was removed. He later was diagnosed with pneumococcal meningitis.

Dr. Abdel Noureldin agreed to contribute $1 million while Alexian Brothers Medical

Center agreed to pay $125,000. In November, Dr. Mark Gillis agreed to pay $6 million

and Rush-Presbyterian agreed to pay $500,000. Robert J. Napleton of Motherway &

Napleton represented the plaintiffs.

The case is Carl Musillo v. Mark Gillis, et al., No. 01 L 5848.