Repository: UIHistories Project: Board of Trustees Minutes - 1986 [PAGE 146]

EXTRACTED TEXT FROM PAGE:

1985]

UNIVERSITY OF ILLINOIS

135

T h e firm of Baker & McKenzie was engaged as special counsel and has recommended that authority be given to settle the litigation through the payment of $1.5 million. At the meeting last November, the board was advised that a request to approve a settlement of as much as $1.7 million might be submitted in due course. Such is the recommendation of the special counsel, supported by the university counsel and the Risk Management Policy Committee. The Hospital Professional Liabilities Subcommittee has been so informed. The vice president for business and finance has recommended that authority be granted to settle this matter and to expend an amount not to exceed $1.5 million in the University's Risk Management account for that purpose. I concur.

On motion of Mr. Howard, this recommendation was approved by the following vote: Aye, Mrs. Day, Mr. Forsyth, Mrs. Gravenhorst, Mr. Hahn, Mr. Howard, Mr. Logan, Mr. Madden, Mrs. Shepherd, Miss Smith; no, none; absent, Governor Thompson. (The student advisory vote was: Aye, Mr. Lamm, Mr. Pittman; no, none.)

Litigation Initiated on Behalf of Beatrice Darden

(2) A complaint has been served recently upon the University of Illinois which involves medical treatment occurring from thirty to forty-five years ago. The plaintiff has filed this action against four drug companies and four hospitals, including the University of Illinois and the director of its hospital. The plaintiff states that she has had a series of pregnancies and gynecological problems for which she was treated in the defendant hospitals, and that on each occasion the drug DES was given to her without her knowledge. This treatment occurred from May 1939 through November 1954. Finally, in July 1957, she entered the University of Illinois Hospital, was found to have cancer, and had a radical operation for the removal of her entire reproductive tract. The plaintiff claims she was not aware until September 11, 1984, that DES had been given to her on each hospital visit; also, that she was unaware until September 11, 1984, of the harmful effects of DES. She claims that the cancer which she suffered was the result of the treatments with DES. She is seeking monetary damages for her alleged injuries, including the loss of her marriage. The plaintiff is also seeking punitive damages. The complaint alleges that the defendants are guilty of negligence and breach of warranty, and are strictly liable for manufacturing, marketing, and distributing an unreasonably dangerous product. In addition, the plaintiff alleges that the defendants committed a battery upon her by administering DES without her consent. The University has served notice of claim on Lumberman's Mutual Casualty Company pursuant to policies in effect from 1954 through 1967. The Office of Risk Management has been unable to locate any insurance coverage for the medical treatment allegedly provided in 1941. There is a possibility that part of the claim will be covered by insurance. This claim is not covered under the University's self-insurance program. The Chicago firm of Baker & McKenzie has been engaged to represent the University of Illinois, and the Board of Trustees is asked to ratify this action. I concur.

On motion of Mr. Howard, the action was ratified by the following vote: Aye, Mrs. Day, Mr. Forsyth, Mrs. Gravenhorst, Mr. Hahn, Mr. Howard, Mr. Logan, Mr. Madden, Mrs. Shepherd, Miss Smith; no, none; absent, Governor Thompson.