Repository: UIHistories Project: Board of Trustees Minutes - 1982 [PAGE 51]

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BOARD OF TRUSTEES

[September 18

President Forsyth announced that a n executive session was requested a n d ordered for consideration of pending, litigation. EXECUTIVE SESSION T h e board considered the following item of business. Settlement of Litigation (1) Litigation has been initiated by Anna Mae Broussard, individually and as administratrix of the Estate of Albert Broussard, deceased, against the University in the Illinois Court of Claims and against Drs. Oscar Sugar, Cesar Rojas, and Antonio Zelaya, who are physicians on the University staff, in the Circuit Court of Cook County. In both proceedings it is alleged that the death of Albert Broussard resulted from negligence or improper conduct during the course of a cerebral angiogram when isopropyl alcohol was injected into his brain rather than a dye known as Isopaque. I n both proceedings substantial money damages are sought on the basis of the alleged improper procedures, for the widow's loss of consortium, and for the liability imposed upon the widow by Illinois Statutes for medical and funeral expenses of the decedent. If the case should come to trial it is probable that only the damages would be in issue. It is estimated that the minimum jury verdict would be $50,000, with the probability that the verdict would be substantially higher. Taking into account the fact that the decedent was sixty-eight years of age, retired and living on social security and a pension income, and in view of the financial dependence of his widow, special counsel has recommended that authority be extended to compromise both cases for a total payment not to exceed $55,000. Attorneys fees and costs incurred to date have been minimal b u t can be expected to increase substantially as the case progresses. It is likely that the case would not be tried for a number of years and an early settlement would also protect against inflationary trends in jury verdicts. T h e university counsel and the Risk Management Policy Committee have recommended settlement of both cases for a total payment not in excess of $55,000. Under prior Board of Trustees actions relating to the University's risk management and self-insurance plan the executive vice president is required to submit to the board for its approval any settlement or claim which involves the payment of more than $30,000. Accordingly, the executive vice president has recommended that the board authorize settlement of the Broussard litigation in an amount not to exceed $55,000, payable from funds provided under the University's self-insurance program. I concur. O n motion of M r . Neal, this recommendation was approved by the following vote: Aye, Dr. Donoghue, M r . Forsyth, Mr. Howard, Mr. Lenz, M r . Neal, Mrs. Shepherd, M r . Stone, Mr. Velasquez; no, n o n e ; absent, Governor Thompson. ( M r . H a h n asked to be recorded as not voting.) ( T h e student advisory vote was: Aye, M r . Maltese, M r . Peterson, M r . Silverman; no, none.) EXECUTIVE SESSION ADJOURNED FOR MEETING OF THE BOARD AS A COMMITTEE OF THE WHOLE M r . Forsyth announced that the executive session would be adjourned for a meeting of the board as a Committee of the Whole. M r . Velasquez left the meeting at this time. T h e Board of Trustees' regular meeting reconvened at 10:45 a.m.