Repository: UIHistories Project: Board of Trustees Minutes - 1994 [PAGE 436]

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424

BOARD OF TRUSTEES

[November 9

By consensus, the trustees approved of this recommendation as submitted, formal action to be taken subsequently when the board convenes in open meeting.

Report from University Counsel

Mr. Higgins presented the following item:

Authorization for Settlement

(2) The university counsel recommends that the board approve settlement of a claim against the University of Illinois in the amount of $250,000. This claim resulted from the administration of the wrong drug in an amount three times the normal dose to Pablo Palma, Jr., a five-month-old child, who was admitted to the University of Illinois Hospital for out-patient chemotherapy. The vice president for business and finance concurs. I recommend approval.

By consensus, the trustees approved of this recommendation as submitted, formal action to be taken subsequently when the board convenes in open meeting. Mr. Higgins then reviewed other cases of pending litigation or settlement. One involved a child who sustained an injury resulting from the amniocentesis procedure; another involved a student at Urbana who had a concussion and died after a spinal tap was performed. Next, Mr. Higgins reviewed the developments in the Tully case, a taxpayer suit against the board and the governor charging that the change to an appointed board that foreshortens the terms of the current elected members is unconstitutional. He said that he expected to know in the next 10 days whether the Illinois Supreme Court would agree to an expedited hearing of this case. He indicated that he would not expect a decision until early spring 1996. The board members discussed this case, including an affidavit filed by Mr. Lamont as an individual, asking the Supreme Court for an expedited hearing of the case. Mrs. Calder questioned some of the assertions contained in this document, particularly those that dealt with some potential difficulty in selling bonds if the status of the board was uncertain. She asked if it was wise to proceed with the anticipated sale of bonds in early 1996 if this was true. Dr. Bazzani responded to this saying that it was probably prudent to proceed with the bond sale as planned as the interest rate might be higher later. Ms. Reese asked about the role of the University's outside counsel in this case and expectations for his work. Ms. Reese and Mrs. Calder asked for more information about attorneys for both plaintiffs and defendants in cases in the future. President Stukel commented that this goes to the matter of the administration's responsibility. He noted that the employment of outside counsel was an administrative task, similar to the delegation to the administration to handle investments for the University.