NICHOLAS J. MOTHERWAY TO PARTICIPATE IN 2005 ADVOCACY SHOWCASE

Nicholas J. Motherway has agreed to participate in the 2005 Advocacy Showcase being presented on May 7, 2005 , by the Illinois Trial Lawyers Association at the Double Tree Guest Suites in Chicago . The program, which involves leading Chicago trial lawyers in the mock trial of an employee business tort claim, will feature demonstrations...
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$2.35 MILLION SETTLEMENT AGREED TO IN PRODUCT LIABILITY SUIT

A machinist who lost his right arm in a industrial accident has settled his personal-injury claims for $2.35 million. David Ethridge also obtained a waiver of workers compensation liens of nearly $597,000. Cook County Circuit Judge William D. Maddux formally approved the settlement on April 14, 2005 . Ethridge, of downstate Glasford, was cutting metal...
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NICK MOTHERWAY RE-ELECTED ABOTA DIRECTOR

The Illinois Chapter of the American Board of Trial Advocates has elected Nick Motherway to his fourth 3 year term as a member of the National Board of Directors. ABOTA is a national organization of trial lawyers and membership is by invitation. Its ranks are comprised of an equal number of plaintiff and defense lawyers...
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RECORD SIXTEEN MILLION DOLLAR MALPRACTICE AWARD

A Cook County jury returned a 16 million dollar verdict Wednesday, October 15th, against a south suburban obstetrician, Peggy Fletcher, M.D. and her medical group, Primary Healthcare Associates, in a medical malpractice trial before Judge Richard J. Elrod. The award goes to a five year old Orland Park girl who suffered brain injuries when her...
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HEART PATIENT’S SURVIVORS GET $2.7 MILLION FROM JURY

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...
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JURY AWARDS $2.2 MILLION TO FORMER PIT CREW MEMBER

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...
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$3 MILLION MALPRACTICE AWARD

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...
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$7.625 MILLION MALPRACTICE AWARD

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...
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BOB GLENN DEPARTING FIRM

Motherway, Glenn and Napleton has announced that Robert J. Glenn is leaving the firm effective January 1, 2003, ending a twenty year relationship with the firm and its predecessor, Motherway and Glenn. The firm will continue, as Motherway and Napleton, concentrating in wrongful death and catastrophic injury cases. Glenn plans to enjoy a sabbatical and...
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ELK GROVE VILLAGE MAN SETTLES MALPRACTICE SUIT FOR $6.5 MILLION DOLLARS

A $6.5 million settlement has been approved by Cook County Circuit Judge Bill Taylor in a lawsuit filed by a man who claimed that doctors negligently failed to administer an appropriate vaccine after his spleen was removed. After years of health problems, Carl Musillo was diagnosed with pneumococcal meningitis in 1995 at age 44. Musillo...
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CICERO WOMAN WINS $1.8 MILLION DOLLAR AWARD

MacNeal Memorial Hospital has agreed to pay $1.8 million to settle a wrongful-death lawsuit alleging that nurses failed to monitor a 69-year-old patient after total knee replacement surgery. Cook County Circuit Judge William D. Maddux, who presides over the Law Division, approved the settlement today. Frank Perez, a retired sheet metal worker for Brach Candy...
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FAILURE TO DIAGNOSE PULMONARY EMBOLISM RESULTS IN $1,375,000 AWARD

Cook County Circuit Judge William D. Maddux approved a settlement of nearly $1.4 million in a wrongful-death case involving a 35-year-old woman who died of a pulmonary embolism, apparently after being misdiagnosed with dehydration at a suburban hospital. A day after being released from the hospital emergency room, the woman died of the embolism, a...
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ROBERT J. NAPLETON SPEAKS AT ILLINOIS TRIAL LAWYER’S SEMINAR

On January 19, 2002, Robert J. Napleton gave a speech at the DoubleTreeHotel at a Illinois Trial Lawyer’s Association seminar on the subject of “Screening Potential Cases” before a large crowd of Chicago trial lawyers. The seminar audience consisted of attorney members of the Illinois Trial Lawyers’s Association who came to learn about tort litigation...
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$11 MILLION DOLLAR SETTLEMENT REACHED IN HELICOPTER CRASH

An eleven million dollar settlement has been approved by Judge Cheryl Starks of the Law Division of the Circuit Court of Cook County, Case No. 98 L 6186, in connection with two of the deaths arising from a helicopter crash occurring on May 18, 1998, in Arlington Heights, Illinois. The estates of Shinobu Sada, age...
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NICK MOTHERWAY RE-ELECTED TO ABOTA BOARD

The Illinois Chapter of the American Board of Trial Advocates has re-elected Nick Motherway as its representative on the Board of Directors of The American Board of Trial Advocates, a national trial lawyers organization. ABOTA membership is by invitation only and the membership is comprised equally of trial lawyers who represent plaintiffs and those who...
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ROBERT J. NAPLETON SPEAKS ON MEDICAL MALPRACTICE

Robert J. Napleton gave a speech at the Chicago Bar Association on the subject of establishing medical negligence from a plaintiff’s lawyer’s perspective before a large crowd of Chicago attorneys. The seminar audience consisted of attorneys from the young lawyers division of the Chicago Bar Association. Below is a copy of Bob Napleton’s seminar materials...
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$11 MILLION DOLLAR SETTLEMENT REACHED IN HELICOPTER CRASH

An eleven million dollar settlement has been approved by Judge Cheryl Starks of the Law Division of the Circuit Court of Cook County, Case No. 98 L 6186, in connection with two of the deaths arising from a helicopter crash occurring on May 18, 1998, in Arlington Heights, Illinois. The estates of Shinobu Sada, age...
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$375,000 VERDICT IN CATARACT SURGERY CASE A – WILL COUNTY RECORD

A Will County jury has awarded $375,000 to a 64-year-old woman who suffered cystoid macular edema from complications related to a cataract surgery. The sight in her left eye was permanently damaged by cataract material that fragmented and lodged in the posterior segment of her eye. Motherway, Glenn & Napleton attorney Robert J. Napleton represented...
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NICK MOTHERWAY TO SPEAK AT ITLA SEMINAR

Nick Motherway has agreed to participate in the Illinois Trial Lawyers Association (ITLA) Evidence Seminar to be held on May 5, 2001 at the Double Tree Guest Suites, 198 E. Delaware Place, Chicago, Illinois. He will join other well known trial lawyers in presenting “how to do it” lectures to lawyers in attendance who are...
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$2.25 MILLION VERDICT FOR PARENTS OF STILLBORN – AN ILLINOIS RECORD

On February 5, 2001, a Will County jury awarded a Plainfield couple (Stephen MontMarquette Jr. and Barbara MontMarquette) $2.25 million dollars for the wrongful death of their stillborn son, Stephen Charles MontMarquette III. The verdict against Joliet obstetrician Michael Borders, M.D. is an Illinois record for a stillborn child according to John Kirkton, editor of...
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ROBERT J. NAPLETON SPEAKS ON HMO LIABILITY

Robert J. Napleton gave a speech at the Illinois State Bar Association on the subject of HMO liability from a plaintiff’s lawyer perspective before hundreds of Illinois lawyers. The seminar audience consisted of attorneys who practice exclusively in the area of tort and insurance law. Mr. Napleton is a frequent speaker on HMO malpractice liability...
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What is negligence?

It is the failure to do something the reasonably careful person would do or the doing of something the reasonably careful person would not do under the same or similar circumstances.

What is medical malpractice?

It is negligence by a healthcare professional. In most cases the claim must be proven by expert testimony. The expert must establish that the standard of care was not met, meaning that the defendant did not do what the reasonably competent healthcare professional would have done under the same or similar circumstances.

Is negligence required to sustain a claim?

Yes. Generally, persons or corporations are only liable for an injury or death if they are negligent. They are also liable if they have higher degree of fault called willful and wanton conduct, such as drunk driving or other high risk behavior. Sellers of dangerous products can be strictly liable even if they acted in...
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What is “proximate cause”?

Generally it is that cause which in natural or probable sequence produce the injury complained of. It need not be the only cause or last or nearest cause. An experienced lawyer can determine whether negligence proximately caused an injury. Causation is often an issue in cases of medical malpractice, including birth injuries such as cerebral...
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What is a personal injury lawsuit?

It is a formal legal document filed with a court, setting forth the reasons whoever is sued owes money damages. The language has to meet all the requirements of law or the lawsuit will be dismissed. It must be formally served on the defendant, who then must answer, admitting or denying what is charged.

What is the statute of limitations?

It is a legal deadline to file a lawsuit. It must be met or the injury claim is barred. Generally, in Illinois, in a personal injury case, the statute of limitations is two years for adults. It is only one year for claims against a government agency or a tavern. It is a longer period...
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What is the burden of proof?

The injured person, known as the plaintiff, has the burden of proving his or her case by a preponderance of the evidence. It must be shown that the elements of a case are more probably true than not true. This is sometimes referred to as the 51% rule, i.e., there’s a 51% or better probability...
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I was injured on the job. Can I sue my employer?

No. Work injuries are covered exclusively under workman’s compensation laws and generally cover work related injuries regardless of who is at fault. There’s a limit on the amount that can be awarded. A jury trial is not allowed. Awards are made by arbitrators who apply predetermined legal formulas to decide the amount of the award....
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Are there caps on damage awards?

There are none in Illinois. Insurance companies and other corporate groups have tried to limit damage awards, but such laws have been repeatedly declared unconstitutional.

Who can sue for wrongful death?

The next-of-kin can sue for wrongful death. In Illinois, the next-of-kin are the surviving spouse and any children. If there are none, then the parents and any siblings are the next-of-kin. In addition to any economic loss, the next-of-kin can sue for grief and/or the loss of society, love and companionship of the decedent.

Can I claim my medical bills?

Lawsuits can seek to recover the reasonable cost of medical care even if some or all of the bills are covered by health insurance, but there is usually an obligation to reimburse some or all of the amounts paid by insurance companies and/or Medicare.  Generally, insurance companies are not entitled to full reimbursement although they...
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