Recent Case in the American Association for Justice’s Professional Negligence Reporter

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On Friday, December 19, Governor Pat Quinn signed SB 3075 into law.  The law amends the Code and the Code of Civil Procedure regarding jury service in Illinois.  Specifically, the bill does the following: Cuts the number of jurors in civil cases from 12 to 6.  The amendment also requires the parties to pay for alternate jurors. Increases the minimum payment for jury service to $25 for the first day and $50 for subsequent days. Mirrors federal law and that of many states by reducing the size of civil juries from 12 to 6 in Illinois.  The requirement of unanimous decision is unchanged. SB 3075 was sponsored in the Senate by Senator John Mulroe. Representative Kelly Burke sponsored the bill in the House. The effective date for both bills is June 1, 2015. If you or a loved one have been injured, call Shapiro, Cohen and Basinger, Ltd. to discuss your right to a civil jury trial.

Video cameras and audio recording devices will be allowed in some Cook County courtrooms beginning January, 2015 month, Cook County Circuit Court Chief Judge Timothy C. Evans announced this week. Cook County joins about 40 other Illinois Counties which allow video of court proceedings. The pilot program will apply to some felony courtrooms at the Leighton Criminal Court Building, at 26th St. and California St. in Chicago. The Illinois Supreme Court previously approved the use of cameras in trial courtrooms as a way of making legal proceedings more transparent. Under the program, video coverage will be prohibited in juvenile, divorce, adoption, child custody, evidence suppression and trade secret cases. Additionally, in the case of a sexual abuse prosecution, coverage of the accuser’s testimony is prohibited without his or her consent. Judge Evans welcomed the pilot program, saying in a prepared statement “I am extremely pleased that the public will now hear and see through extended media coverage, exactly what is taking place in Cook County courtrooms.”

The New York Times reports that the National Highway Transportation Administration is investigating a power steering issue that could affect 938,000 2010-2012 Ford Fusion and Lincoln MKZ sedans, noting the company has already recalled 1.1 million other vehicles due to the defect. The Times reports that NHTSA “has received 508 complaints from owners, including four reports of accidents that occurred when the power steering assist suddenly failed, requiring ‘increased steering efforts that contributed to a loss of control and crash.’” If you or a loved one has been injured due to mechanical problem with a vehicle, contact Shapiro, Cohen and Basinger, Ltd. today to discuss your legal rights.

Joscelyn Johnson was 38 weeks pregnant when her doctor, Dr. Emanuel Javate scheduled her to be admitted to St. James Hospital in Chicago Heights early to induce her due to pregnancy induced hypertension and an expected large for gestational age baby. Joscelyn and her significant other, Christopher Burress, were thrilled about the imminent delivery but never could have imagined the tragedy that was about to unfold. Joscelyn suffered a rare complication known as a uterine rupture, a condition where the uterus tears causing a disruption of the blood flow and thus the oxygen flow to the fetus. Although the nurses and the doctor were supposed to be monitoring her they shrugged off the warning signs and tragically assumed that all was well when it wasn’t. Dr. Javate didn’t even come to the patient’s room to see her until the baby had receded up the birth canal–a highly unusual event that invariably means a rupture is occurring. When he did finally come in, instead of ordering an immediate C-section, he told the nurse to give her Pitocin–a drug used to stimulate contractions–the opposite of what should be done when the uterus is in the process of rupturing. Eleven minutes later he realized his mistake and ordered the C- section but by then it was too late and baby Nakia had passed away. Because Dr. Javate was employed by a federally qualified clinic, the case had to be filed in federal court and there was no right to a jury. The hospital settled for $650,000 shortly before trial but the US government (which represented Dr. Javate), refused to even discuss settlement so the case proceeded to trial against the US and was tried by Don and Matt in January. The Honorable Thomas Durkin issued his decision on September 5, 2014 ruling in favor of the plaintiff and assessed the damages at $1,500,000. In his 58 page written decision he found for the plaintiff on virtually every aspect of the case. While nothing can replace the child they lost, Joscelyn and Christopher are extremely gratified that the responsible parties have been held accountable for their neglect that caused Nakia’s death.

GM released last week a 325-page investigative report conducted by Chicago attorney Anton Valukas exposing the automaker’s failure to fix a deadly defect that lingered for more than a decade and is now blamed for at least 13 deaths. GM has recalled 2.6 million vehicles due to a defective ignition switch, which could be turned off inadvertently by a light tap, or the weight of a heavy keychain. Last month the National Highway Traffic Safety Administration (NHTSA) fined GM the maximum amount allowed under the law, $35 million, for the automaker’s not disclosing the defect in a timely manner. Mary Berra, GM’s chief executive has called the Valukas report “deeply troubling .” Please call our firm if you need any additional information regarding how to pursue a claim for damages arising from ignition switch defects or other defective product claims that result in serious injury or death.

In Miami, a teenage girl shared confidential information about her father’s settlement in an age discrimination lawsuit and cost her father $80,000. Her father’s $80,000 settlement was subject to a confidentiality clause. His daughter boasted about it on Facebook and the 3rd District Florida Court of Appeals judge held that this violated the settlement agreement and therefore, would not be entitled to his settlement. Confidentiality agreements are important and must be taken seriously. Here at Shapiro, Cohen and Basinger, Ltd., we advise our clients on what is and what is not appropriate to publicize on social media sites, especially during pending litigation.