January 26 2007
$4.35 Million McHenry County Malpractice Settlement Reached
WAUKEGAN, IL—Patrick A. Salvi and SS&P attorney of Salvi, Schostok & Pritchard P.C. won a $4.35 million settlement on January 25, 2007, on behalf of Joshua Znosko, a minor, against Defendant, Centegra Health System located in Woodstock, Illinois, and Defendant, Zenaida Alidon, M.D, and her corporation Wellcare Neonatologist, S.C. [JOSHUA ZNOSKO, et al. v. CENTEGRA HEALTH SYSTEM: Case No. 00 LA 399]
Plaintiffs alleged that on April 11, 2000, the hospital, its employees, and the consulting neonatologist, Dr. Zenaida Alidon were negligent in their responses to respiratory arrest which followed the insertion of a nasogastric tube. Thirteen-day-old Joshua Znosko had been readmitted to the hospital on April 9, 2000, for poor feeding and flu-like symptoms. Plaintiffs allege that the insertion of the NG tube led to apnea and bradycardia and that the advancement of that tube led to respiratory distress and subsequent arrest.
Plaintiffs also contend that Joshua Znosko suffered some brain damage from the hypoxic ischemic episodes as a result of the Defendants’ failure to properly resuscitate the neonate. In particular, the hospital failed to have necessary equipment for resuscitation prior to the insertion of the NG tube, failed to properly respond to the apnea-bradycardia episode, and failed to comply with proper neonatal resuscitation techniques. The Plaintiffs further alleged that the Defendant Hospital, failed to adopt and enforce appropriate policies to ensure adequate response to neonatal emergencies.
Against Defendant Dr. Alidon and her Corporation, the Plaintiffs alleged failure to appropriately manage Joshua Znosko following the episode of apnea. This included the physician’s failure to immediately order the removal of the NG tube, which was assumed to be the cause of the code, and negligently ordered the nurse to advance the tube further. The Defendants’ deviations resulted in hypoxic-ischemic encephalopathy, and caused Joshua Znosko to suffer from minor brain injury and some cognitive deficits.
"Although it is too late to undue the series of mistakes made," said lead lawyer Patrick A. Salvi, "these settlement funds will allow Joshua to receive the best possible therapy and equipment to lead as normal a life as possible."
Defense counsel for Centegra Health System: Timothy A. Weaver and Christine Iversen of Pretzel & Stouffer, Chtd. Defense counsel for Wellcare Neonatologists, S.C. and Dr. Zenaida Alidon: John J. Mangan and Kim Fahrbach of Dykema Gossett PLLC
