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Caption: Board of Trustees Minutes - 1984
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414 BOARD OF T R U S T E E S [November 17 institutions have refused to extend insurance coverage to him. (Dr. Schafer had been appointed as a nonsalaried lecturer in surgery at the University but was not a member of the University of Illinois Hospital and clinic medical staff.) He and Dr. Day participated in the presurgery evaluations and the planning of the surgery which occurred at the University of Illinois, but Dr. Schafer alone performed the surgery at the Children's Memorial Hospital where he was a staff member. Dr. Schafer has stated his intention to file a declaratory judgment action against the University, seeking a court determination that he is entitled to the protections of the University's Self-Insurance Plan in this matter. If he is successful, the University will have a substantial financial exposure, since it will not be possible to separate any jury award between his diagnostic activities at the University and his surgical activities at Children's Memorial Hospital. In addition, the University may be responsible for the payment of attorneys' fees for the defense of the declaratory judgment action, as well as the fees of counsel engaged by Dr. Schafer to institute the same. It is anticipated that discovery proceedings and the engagement of experts will be expensive and protracted. The photographs of the child before and after the surgery are strong vehicles for the elicitation of extreme sympathy from a jury. T h e firm of Baker & McKenzie has been engaged as special counsel in the case and has strongly recommended that authority be given to settle this litigation through the payment of up to $75,000. Children's Memorial Hospital would be requested to contribute a like amount. Apart from the question of potential liability, it is likely that if the litigation proceeds to conclusion, the attorney's fees, discovery expenses, and other costs of defense of the various issues will exceed that amount. T h e recommendation of special counsel is supported by the University counsel, by the Chicago campus administration, and by the Risk Management Policy Committee. The vice president for business and finance has recommended that authority be granted to settle this matter for an amount not to exceed $75,000. Funds are available in the University's Risk Management Account. I concur. On motion of Mr. Stone, authority was granted as recommended by the following vote: Aye, Mrs. Day, Dr. Donoghue, Mr. Forsyth, Mr. Howard, Mr. Logan, Mr. Madden, Mr. Stone; no, none; absent, Mr. Hahn, Mrs. Shepherd, Governor Thompson. (The student advisory vote was: Aye, Mr. Bolen, Mr. Milkint; no, none.) Acquisition of Property at 2020 West Ogden, Chicago President Ikenberry reported that the governor continued to support and encourage the acquisition of this property if possible. Accordingly, he stated he would withdraw an agenda item (concerning the lease of offcampus space in Chicago) based on the expectation that die property at 2020 West Ogden might become available. EXECUTIVE SESSION ADJOURNED FOR COMMITTEE MEETINGS Mr. Forsyth announced that the executive session would adjourn for meetings of the Finance and Audit Committee and the Buildings and Grounds Committee. The Board of Trustees reconvened in regular session at 2 p.m.
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