Repository: UIHistories Project: Board of Trustees Minutes - 1980 [PAGE 509]

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498

BOARD OF TRUSTEES

[January 17

EXECUTIVE SESSION By consensus, the board agreed that one roll call vote would be taken and considered the roll call vote on each of the next four items. Litigation Initiated by Elsie Chris (also Known as Elsie Atchison)

(1) A complaint has been filed in the Circuit Court of Cook County, Illinois (Case No. 79 L 26848) by Elsie Chris, also known as Elsie Atchison, seeking recovery of monetary damages in the amount of $2,000,000. T h e named defendants are eight doctors and "certain unknown physicians" who are either currently on the University staff or are believed to be former staff members. It is alleged that seven of the doctors and unknown physicians were at all times acting as duly authorized agents or employees of the eighth doctor, Dr. Richard Schultz. It is alleged that all the defendants were negligent in their professional care and treatment of the plaintiff in connection with surgical procedures performed over a period beginning in December 1974 and ending in June 1978. It is alleged that excess amounts of tissue were removed during surgery, that the surgery was performed by inexperienced and incompetent persons without adequate supervision, that certain arteries and nerves were severed during the surgeries, that the plaintiff was not adequately informed of the possible consequences of the surgeries, and that improper surgical techniques were exercised and improper and inadequate follow-up treatment was provided. The university counsel has recommended that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to protect the interests of the University in this matter, to defend the action and to provide representation for those present and former members of the University staff who request the same, all in accordance with the University's risk management and self-insurance program. I concur.

Litigation to Recover Workmen's Compensation Payments and Damages to University Vehicle

(2) On March 10, 1978, a University vehicle was involved in an accident on Illinois Route 130 near Philo, Illinois, and was damaged beyond repair. T h e circumstances of the accident were such that it is believed that the University is entitled to recover damages from the owner or driver of the other vehicle involved. The driver of the University vehicle, Ed Prahl, was injured in the accident and has not yet returned to work. Under the Workmen's Compensation Act the University has paid certain of Mr. Prahl's medical expenses and has paid to him in excess of $12,500 in workmen's compensation benefits to date. In addition, the University will have a continuing obligation to pay additional benefits to Mr. Prahl under the Workmen's Compensation Act. The statute of limitations will bar an action for recovery of damages on the transaction on March 10, 1980. Under the Illinois Workmen's Compensation Act the University would have a lien upon any recovery or settlement exacted by Mr. Prahl from any third party to the extent of any workmen's compensation benefit and medical expenses paid by the University as a result of the accident. In addition the act provides that in the event Mr. Prahl fails to institute a proceeding against the third party prior to three months before the action would be barred by the statute of limitations, the University may institute suit in its own name or in the name of the employee. Mr. Prahl is aware that he must file his suit against Kirwan, if at all, before March 10, 1980, but has not initiated any litigation. The university counsel has recommended that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel