UIHistories Project: A History of the University of Illinois by Kalev Leetaru
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Repository: UIHistories Project: Board of Trustees Minutes - 1986 [PAGE 119]

Caption: Board of Trustees Minutes - 1986
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108

BOARD OF TRUSTEES

[November 15

EXECUTIVE SESSION

President Forsyth, referring to Section Two 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." The motion was made by Mr. Howard and approved unanimously.

Settlement of Marcus Steven Abrams Litigation

(1) There is currently pending in the Circuit Court of Cook County (Case # 8 2 - L 20258) litigation initiated by Arlene Abrams, as mother and next friend of Marcus Steven Abrams, a minor, seeking damages for alleged malpractice in connection with treatment Marcus Steven Abrams received at the University of Illinois Hospital. The defendants are four members of the University's staff (Doctors Mohammad Tabib, Roohallah Sharifi, Nikhil Doshi, and Keith Meredith King). The University is supplying their defense under its Risk Management Program. Marcus Abrams was admitted to the University Hospital for routine surgery; but prior to surgery, he suffered severe respiratory distress while being anesthesized. Investigation revealed that this was caused by a blocked filter in the breathing circuit of the anesthesia equipment. It has been alleged that this breathing circuit became occluded through negligence of University personnel and that the anesthesiologist failed to test the equipment before using it on this occasion. The patient was resuscitated through efforts of University physicians but does have some residual scarring from a tracheotomy and tubes which were inserted under the armpits and on the lower part of the chest. It is also alleged that the young man suffers from anxiety and certain psychological problems as the result of this incident. T h e firm of Baker & McKenzie has been engaged as special counsel and has recommended that authority be given to settle the litigation through the payment of up to $50,000. The recommendation of special counsel is supported by the University counsel, the Risk Management Policy Committee, and the Hospital Professional Liability Subcommittee. The vice president for business and finance has recommended that authority be granted to settle this matter and to expend not to exceed $50,000 in the University's Risk Management account for that purpose. I concur.

On motion of Mr. Howard, authority was granted as recommended by the following vote: Aye, Mrs. Day, Dr. Donoghue, Mr. Forsyth, Mr. Hahn, Mr. Howard, Mr. Madden, Mrs. Shepherd, Mr. Stone; no, none; absent, Mr. Logan, Governor Thompson. (The student advisory vote was: Absent, Mr. Lamm, Mr. Pittman.) Mr. Lamm, Mr. Logan, and Mr. Pittman joined the meeting at this time.

Potential Settlement, Jenkins Case

Mr. Higgins reviewed briefly a medical malpractice case in which a large settlement may be offered. If accepted, a formal recommendation will be presented to the trustees in January. Mr. Higgins also reported on the possibility of a lawsuit by certain merchants in the Urbana-Champaign area with regard to the University's sale of personal computers to students and staff members.