$6 Million Settlement reached in medical negligence lawsuit

A hospital and members of a medical group agreed to pay $6 million to settle a medical negligence lawsuit filed by a woman who claims the parties failed to treat her during the last days of her pregnancy. The woman’s child was born severely mentally and physically disabled.

Cook County Circuit Judge Richard J. Elrod approved the settlement Monday.

Destiny Wright was a patient a the Demir-Olson Medical Group’s Bloomingdale office. The group had split to form separate groups, but was still responsible for treeating patients at that location. Wright’s attorney, Kurt D. Lloyd of Smith & Smith, argues the group neglected patients there.

“Each physician who is supposed to be covering the office keeps passing off the patients–like a hot potato,” Lloyd said. “Nobody ever took responsibility for this patient. Nobody stepped up to the plate and was her doctor.”

According to the lawsuit, 32-year-old Wright was due to deliver her baby on Jan. 29, 1998. On the evening of Feb. 1, she was admitted to Glen Oaks Medical Center in Glendale Heights because she complained of decreased fetal movement.
Doctors of the Demir-Olson Medical Group have practicing rights at the hospital.

Tests were conducted but Lloyd claimed that Dr. Linda A. Anderson and Dr. Christopher G. Olson, working the night and morning shifts at the hospital respectively, failed to recognize a fetal heart rate deceleration.

The lawsuit further alleged that on other occasions, Dr. John Josupait, Dora Pineda, a technician, and Alyce Grant, a certified nurse/midwife, failed to study the test results or recognize a low level of amniotic fluid.

Wright delivered her daughter, Dania Atkins, on Feb. 5, 1998. The child, now almost 5, cannot walk or talk. She is also partially blind, Lloyd said.

He said the girl is cared for by her mother, and receives physical and occupational therapy four days a week.

Anderson, represented by Michael A. Code of Lowis & Gellen, will pay $1 million. Olson and C.G. Olson Ltd., represented by John L. Schroeder of Schroeder, Adams & Swatek, will pay $1,975,000.

Josupait, represented by James Stamos and Jenni L. Young of Stamos & Trucco, will pay $275,000.

Pineda and the Tri-Village Obstetrics & Gynecology S.C. d/b/a Demir-Olson Medical Group, represented by Daniel K. Cray of Iwan, Cray, Huber, Horstman & VanAusdal, will pay $1 million. Grant, represented by Gregory E. Schiller of Johnson & Bell, will pay $850,000.

The Glen Oaks Medical Center, represented by Sheryl M. Arrigo of Donohue, Brown, Mathewson & Smyth, will pay $900,000.

The case is Wright, etc. v. Anderson, et al., No. 98 L 14200. For other interesting case law, visit https://www.cmcohenlaw.com/

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