MOTHERWAY       NAPLETON, LLP

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Motherway & Napleton Personal Injury Law 2006

$1 MILLION AWARD IN MELANOMA CASE

Lawyers for St. James Hospital and Medical Center and the family of a man who died 12 years after the hospital allegedly failed to detect a malignant skin lesion have settled a wrongful-death lawsuit for $1 million. In December 1988, the hospital’s pathology department allegedly failed to diagnose a malignant melanoma that spread to Jarrett Stitak’s lungs and brain. He died in March 2001.

Cook County Circuit Judge William D. Maddux, presiding judge of the Law Division, approved the settlement. Robert J. Napleton of Motherway & Napleton represented the plaintiff.

Patricia Stitak v. Sisters of St. Francis Health Services, Inc., d/b/a St. James Hospital, No. 00 L 3506.


DAN MADIGAN NAMED TO 40 UNDER 40

Dan Madigan was recently named as one of 40 Chicago Area lawyers under the age of 40 recognized in the legal community as lawyers to watch as their careers skyrocket toward the top of their profession. Dan’s selection for this elite group is the end result of a peer selected survey conducted annually by the Chicago Law Bulletin Publishing Company. He follows in the footsteps of Bob Napleton who was named in the past.


FAMILY TO RECEIVE $2,250,000 IN MALPRACTICE SETTLEMENT

Motherway & Napleton, LLP has won a $2.25 million settlement on behalf of a 40-year-old man who died of a heart attack hours after he allegedly was examined and released by a doctor.

On September 5, 2002 , a suburban Chicago man visited Dr. Cynthia Victor, whose Family Medical Center of LaGrange, Ltd. office was located in a building on the Adventist LaGrange Memorial Hospital campus.

The victim complained of recent incidents of chest pain, said his attorney, Robert J. Napleton.

Given the patient’s history of pain, coupled with tests performed by Victor that showed abnormalities, he should have been hospitalized, Napleton said.

Instead, Victor sent him home and ordered a stress test for September 7. About 12 hours after he left Victor’s office the patient was rushed to Adventist Hinsdale Hospital, where he died as the result of the lack of blood to the heart, Napleton said.

Trial was scheduled to begin February 24th before Cook County Judge Thomas L. Hogan, who approved the settlement.

Dr. Victor contributed $2 million to the settlement. Adventist LaGrange Memorial Hospital contributed $225,000. Dr. Victor was not a hospital employee, but Napleton argued that, given the name and location of her practice, the patient could reasonably have assumed she was affiliated with the hospital.

Court No. 02 L 15591.