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SOURCE: Salvi, Schostok & Pritchard P.C.
In the magazine’s 2012 Settlement Survey edition, Chicago Lawyer takes a ‘behind the scenes’ look at the $22.6 million birth injury settlement secured by Salvi, Schostok & Pritchard P.C.
Chicago, IL (PRWEB) October 06, 2012
Chicago Lawyer magazine highlights the Chicago personal injury firm of Salvi, Schostok & Pritchard P.C in its newly released 2012 Settlement Survey, with a focus on the firm’s work on a $22.6 million settlement in a birth injury case that had gone to the Seventh Circuit U.S. Court of Appeals.
The settlement in Arroyo, et al. v. United States of America (U.S. District Court for the Northern District of Illinois, No. 1:07-cv-04912) was secured for the family of a newborn who suffered brain damage at birth due to an untreated infection. According to Chicago Lawyer, it ranked among the largest settlements reported to the Jury Verdict Reporter or Chicago Daily Law Bulletin between July 1, 2011 and June 30, 2012.
The case also contributed to Salvi, Schostok & Pritchard P.C. being one of only six law firms to report settlements totaling $25 million or above in the 2012 Settlement Survey.
According to the magazine, Salvi, Schostok & Pritchard P.C. recovered a total of $46.51 million in five cases, which gave the firm the highest settlement amount per case ($9.3 million) out of the six firms listed by the magazine.
In the issue announcing the 2012 Settlement Survey results, the magazine provides readers with a “behind the scenes” look at how Salvi, Schostok & Pritchard P.C. secured the Arroyo settlement.
In the article, Chicago medical malpractice lawyers David J. Pritchard and Patrick A. Salvi, II describe how the firm filed the Federal Tort Claims Act lawsuit due to the federal government employing the doctors at Northwestern Memorial Hospital who were involved in the case.
The firm alleged that the newborn, Christian Arroyo, contracted a bacterial infection from his mother at birth due to the doctors’ failure to diagnose and treat the infection in a timely manner.
The infection led to brain damage that has caused the child to suffer from cerebral palsy, spastic quadriplegia, a seizure disorder and other complications, according to court documents. When the family learned of the doctors’ alleged errors several years later, they brought suit.
In April 2010, the firm secured a $29.1 million bench verdict, which was subject to a set off for a prior $6.5 million settlement with the hospital, according to Chicago Lawyer.
The federal government appealed to the Seventh Circuit, claiming that the lawsuit had not been filed within two years of the alleged malpractice and was barred by the statute of limitations.
In a September 2011 decision, the Seventh Circuit rejected the federal government’s argument and affirmed the verdict.
The appeals court agreed with Salvi, Schostok & Pritchard P.C. that the claim had not been filed within two years of the alleged malpractice due to the fact that the family had not learned that an antibiotic could have prevented the child’s brain damage until more than a year after the birth. The family learned of the antibiotic when the mother was giving birth to another child.
As Salvi tells Chicago Lawyer magazine, the Seventh Circuit’s ruling marks “an important decision for federal statute of limitations law.”
“You don't get to have it both ways,” Salvi tells the magazine. “You don’t get to not tell the family what happened and then have them time barred by the statute of limitations. If you want to use the statute of limitations as a sword, you tell the family what happened.”
The federal government settled the lawsuit after the appeals court’s decision, according to Chicago Lawyer.
About Salvi, Schostok & Pritchard P.C.
Salvi, Schostok & Pritchard P.C. is a leading Illinois personal injury firm with offices in Chicago and Waukegan. In addition to representing clients in catastrophic personal injury, medical malpractice, aviation and product liability cases, the firm focuses on car and truck accidents, airplane and train accidents, construction injuries, birth injuries, brain injuries, unsafe properties and animal attacks. The firm has obtained more than $630 million on behalf of its clients in personal injury and wrongful death cases, including 180 multi-million dollar verdicts or settlements. The firm’s Chicago office is located at 22 West Washington Street, Suite 1600, Chicago IL 60602. For more information, call (312) 372-1227 or use the firm’s online contact form.
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