Repository: UIHistories Project: Board of Trustees Minutes - 1984 [PAGE 159]

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BOARD OF TRUSTEES

[February 17

EXECUTIVE SESSION President Forsyth, referring to Section T w o 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. Madden and approved unanimously. By consensus, the board agreed that one roll call vote would be taken and considered the vote on each agenda item nos. 1 through 4 inclusive. T h e recommendations were individually discussed but acted upon at one time. ( T h e record of board action appears at the end of each item.) Settlement of Gary Golub Litigation (1) There is currently pending in the Circuit Court of Cook County (Case No. 82-L-11294) and in the Illinois Court of Claims (Case No. 83-CC-1062) litigation initiated by Gary Golub as special administrator of the estate of Timothy Golub, deceased, seeking damages for alleged malpractice in connection with the death of Timothy Golub, a minor, following an infusion of the drug Arginine at the University of Illinois Hospital. Dr. Edra Weiss, who was on the University's staff at the time of the alleged incident, is the named defendant in the Circuit Court proceeding; and the University is the defendant in the Court of Claims action. The University is supplying Dr. Weiss' defense under our Risk Management Program. The University's umbrella insurance coverage would extend to any judgment or settlement in excess of $100,000. The firm of Baker & McKenzie has been engaged as special counsel in both cases and has advised that an adverse verdict is probable and that the settlement value of the case is significantly in excess of $100,000. The University's umbrella carrier has been advised of the existence of the litigation and strongly urges prompt negotiation of a settlement, if at all possible, in which the carrier will participate. Special counsel recommends that authority be given to settle the litigation through the payment of $100,000, which would be supplemented to the extent appropriate by funds from the University's umbrella insurance carrier. The recommendation of special counsel is supported by the university counsel and by the Risk Management Policy and Hospital Professional Liability Committees. The acting vice president for business and finance recommends that authority be granted to settle this matter and to expend an amount not to exceed $100,000 in the University's Risk Management accounts for that purpose. I concur. On motion of M r . M a d d e n , authority was given as recommended by the following vote: Aye, Mrs. Day, Dr. Donoghue, Mr. Forsyth, Mr. H a h n , Mr. Howard, Mr. Logan, Mr. M a d d e n , M r . Stone; no, none; absent, Mrs. Shepherd, Governor Thompson. (The student advisory vote w a s : Aye, M r . Bandala, Miss Forsydi; no, none; absent, M r . Cobb.) Settlement of Sabrina Washington Litigation (2) There is currently pending in the Circuit Court of Cook County (Case No. 80-L-25239) litigation instituted by Sabrina Washington seeking damages for