$12.5 Million Medical Malpractice Settlement

In the Circuit Court of Cook County a 12.5 million dollar medical malpractice settlement was reached just days before trial on behalf of a 5-year old girl and her parents. Paige Cunningham, through her parents, Reginald and Wendy Cunningham of University Park, Illinois alleged, through their attorneys Patrick A. Salvi and David J. Pritchard of Salvi,Schostok & Pritchard P.C., that when Paige was 13 months of age her pediatrician failed to timely diagnose and treat an infection that progressed to spinal meningitis. The Plaintiff contended that on Saturday, February 27, 1999, the Plaintiff’s mother telephoned the Defendant doctor twice concerned because the baby had a 103-degree temperature, was lethargic and vomiting. The Plaintiff further claimed that despite little improvement with Motrin and fluids, the Defendant doctor persisted in the diagnosis of dehydration in both phone calls, one in the morning and the other in the early afternoon. “The doctor should have examined the child or directed the parents to the nearest emergency room,” said Patrick A. Salvi. “Unfortunately, during the delay in treatment, the child’s infection went from the blood stream into her brain resulting in brain damage,” Salvi added. The Defendants, represented by Robert Nora of McBreen, Kopko, McKay and Nora of Chicago, contended that it was reasonable for the doctor to diagnose dehydration. The Defendants were also prepared to present expert testimony showing that earlier antibiotic treatment would not have changed the outcome. “The settlement proceeds will allow Paige to be well taken care of for the rest of her life,” Salvi said. Under the terms of the agreement the Defendant and his group cannot be disclosed except as “Cook County Physician and Physicians Group.” The settlement was approved today, March 10, 2003, by Judge Benjamin Novoselsky.