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 145]

Caption: Board of Trustees Minutes - 1986
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134

BOARD OF TRUSTEES

[January 17

EXECUTIVE SESSION

President Forsyth, referring t o Section T w o of the O p e n M e e t i n g s Act, stated: "A m o t i o n is n o w in order to hold an executive session to consider information regarding the a p p o i n t m e n t , e m p l o y m e n t , or dismissal of e m ployees or officers, and to discuss p e n d i n g , probable, or i m m i n e n t litigation against or o n behalf of the University a n d to discuss the acquisition of real property." T h e m o t i o n w a s m a d e by M r . H o w a r d a n d a p p r o v e d unanimously.

Report of Recent Litigation

M r . Byron H i g g i n s , university counsel, spoke briefly to t w o items presented for action, viz., the settlement of Jenkins versus W u , et al. and litigation initiated o n behalf of Beatrice D a r d e n . H e also reported o n other matters.

Settlement of Jenkins versus Wu, et al.

(1) Currently pending in the Circuit Court of Cook County (Case #80-L-6516) is litigation initiated by Mrs. Joanne Jenkins, on behalf of herself, arising out of treatment which she received at the University of Illinois Hospital. Also pending is a companion case commenced by Joanne Jenkins against the Board of Trustees of the University of Illinois and the Medical Center Commission in the Court of Claims (#80-CC-1650). The defendants in the Circuit Court action are several members of the University's staff. The University is supplying their defense under its Risk Management Program. The plaintiff, Joanne Jenkins, complains of two separate acts of negligent medical treatment which occurred in March and April of 1978. The first incident resulted from the entry of the brachial artery during a Swan Ganz catheterization, in which she claims she suffered permanent loss of sensory and motor function of her left lower arm and hand. On April 20, 1978, she came into the hospital suffering with pulmonary edema and allegedly a saddle block embolus. During her treatment at the hospital within the first twenty-six hours, her legs were noted on several occasions to demonstrate the absence of pedal pulses, coolness, and lack of sensation. However, from the record it would appear that the treating physician did not note the potential problems with her legs. From the record, in fact, it appears that the potential problem from which she was actually suffering was never considered until the early morning of April 21, 1978. One of the expert witnesses retained by the University, Dr. John Bergan, has advised that he found the case to be diagnosable over the telephone for all intents and purposes as of the morning of April 20, the time of the admission of Mrs. Jenkins. As the result of the late diagnosis, Mrs. Jenkins suffered injuries that are arguably the proximate cause of the negligent treatment she received. She will be able to argue that she suffered paralysis to both legs; a below-the-knee amputation due to a necrotic infection of the left leg; keloid scarring across the upper chest, neck, chest wall, and groin from the axillo bifemural graft; an infection of the graft sites; maceration of the right groin, urea in the blood; painful nodules on the face and forehead from a drug reaction; an abdominal wall abscess; a third degree burn to her right leg, caused by her lack of sensation; paraplegia; an ulcer to the right foot, secondary to the burn and skin graft; motor weakness to the left arm; and sensory weakness to the left first, second, and third fingers, secondary to the left median nerve damage. She has undergone nine different surgical procedures associated with the complications arising from her care and treatment. She has a child who is approximately ten years old living with her at home, along with her husband.