Repository: UIHistories Project: Board of Trustees Minutes - 1984 [PAGE 587]

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578

BOARD OF TRUSTEES

[June 21

EXECUTIVE SESSION President Forsyth, referring to Section T w o of the Open Meetings Act, stated: "A motion is now in order to hold an executive session to consider information regarding the appointment, employment, or dismissal of employees or officers, and to discuss pending, probable, or imminent litigation against or on behalf of the University and to discuss the acquisition of real property." T h e motion was m a d e by M r . Stone and approved unanimously. Litigation Initiated on Behalf of Robert V. Clark, a Minor

(1) A suit has been filed in the Circuit Court of Cook County (Case #77-L-16782) on behalf of Robert V. Clark, a minor, seeking damages for alleged malpractice on the part of St. James Hospital and certain physicians and nurses practicing there, and on the part of certain physicians and nurses on the staff at the University of Illinois Hospital. The complaint alleges that during the months of April through June of 1976, St. James Hospital, its physicians and nurses, treated the plaintiff and his mother at St. James Hospital before and after the plaintiff's birth on April 17, 1976. It is alleged that during the St. James Hospital stay, the physicians and nurses failed to correctly diagnose and treat the infant plaintiff's lactose deficiency and failed to diagnose and properly treat the infant's artificial milk intolerance. It is further alleged that during May and June of 1976, certain physicians and nurses at St. James Hospital failed to diagnose and properly treat the infant's chronic diarrhea, dehydration, electrolyte imbalance, and acute hypoxia, resulting in brain damage and the amputation of the minor's left arm subsequent to an allegedly negligent surgical procedure known as a "cutdown." The complaint further alleges that during the month of June 1976, the infant was treated at the University of Illinois Hospital in a negligent manner bv certain named doctors and nurses on the University's staff. At the University of Illinois, it is alleged that an obstruction of the left brachial artery of the infant was improperly diagnosed and treated, resulting in the amputation of the minor's left arm, seizures, and permanent brain damage. T h e alleged negligence on the part of the University of Illinois' doctors and nurses occurred at a time prior to the establishment of the University's SelfInsurance and Risk Management Program. T h e University carried a basic malr practice insurance policy protecting its physicians and nurses during the period involved, but the coverage limits of the policy have been fully utilized. Additional insurance was purchased which protects this group in the amount of $1,000,000 after the University has expended $250,000 for claims and expenses related to the policy year for which the basic insurance has been exhausted. It is recommended that the Board of Trustees authorize provision of the defense of the staff physicians and nurses in this case who request the University to furnish the same and allocate $250,000 as a reserve against this and other claims arising out of the same policy year. Funds are available in the restricted funds operating budget of the College of Medicine and in the Hospital Income Fund. Pursuant to previous delegations by the Board of Trustees, the university counsel has been given interim authorization to take such steps as are necessary or appropriate, including the employment of special counsel, to arrange the defense of the University physicians and nurses in this matter. He has recommended that such authorization be ratified and confirmed in all respects. I concur. O n m o t i o n of M r . H o w a r d , t h e s e r e c o m m e n d a t i o n s w e r e a p p r o v e d by the following vote: Aye, M r s . D a y , D r . D o n o g h u e , M r . Forsyth, M r .