Recently, I found myself in a position where I had to draft and present a Motion for Attorney Fees based on Quantum Meruit. This was new ground for me - for eight plus years on my own, I had been fortunate enough to avoid having to go through this exercise. I had withdrawn as plaintiff's counsel in a contingency fee case due to a conflict, the details of which, though interesting, are ultimately irrelevant. In any event, I then spent the better part of a week painstakingly going through my file to document the time I had spent on this matter. And, as it turns out, I had spent an ENORMOUS amount of time on this case. I attached the hours spent, as well as my out of pocket expenses to my motion and appeared for the hearing on July 19. The Court has indicated that it will issue a written ruling on August 9.
If any Illinois Attorney out there is looking for a sample motion, please contact me and I will get you a copy of my handiwork. I will know on August 19 just how persuasive it was.
Sunday, July 23, 2006
Tuesday, July 18, 2006
CITY OF CHICAGO SUED FOR $100 MILLION
The parents of young California woman filed suit in federal court in Illinois recently, claiming that their daughter suffered catastrophic injuries as a result of the actions of the Chicago Police Department. The alleged facts, as reported by David Heinzmann in a June 10, 2006 article in the Chicago Tribune would make any parent shudder. The complaint alleges that 21 year old Christina Eilman, found herself stranded in Chicago on May 6, 2006, without enough money to return home to California. In addition, the complaint alleges Christina lacked sufficient "mental capacity" as well. Although the exact sequence of events isn't entirely clear, Christina's parents purchased a Southwest Airlines Ticket, with a departure date of May 7, 2006. The complaint further alleges that Christina missed the flight because she was in police custody after having created a disturbance on a CTA platform. She was arrested and the Chicago Police called her parents, leaving a message that Christina was "difficult to understand" and that the police "didn't know what they had on their hands". The complaint further alleges that the family then frantically began calling Chicago Police officials in an attempt to locate Christina and get her some help. In addition, the family allegedly advised the police at that time that Christina suffered from bipolar disorder, mania and depression.
The complaint also alleges that Christina's parents never received any information on their daughter's release or her mental condition, which was allegedly deteriorating. Ultimately, Christina was released by the Police into a high crime area at 51st and Wentworth. The family claims she should have been admitted into a physchiatric ward. The complaint alleges that after her release, Christina wandered around the neighborhood before being approached by some people at a restuarant. She then ended up in a vacant apartment on the seventh floor of a local high rise. An alleged gang leader, Marvin Powell then allegedly sexually assualted her. Later that night, Christina fell from the apartment window, dressed only in underwear. She is now paralyzed from the waist down and has yet to regain consciousness. The City has refused to comment. Powell is being held without bail in Cook County jail.
The complaint also alleges that Christina's parents never received any information on their daughter's release or her mental condition, which was allegedly deteriorating. Ultimately, Christina was released by the Police into a high crime area at 51st and Wentworth. The family claims she should have been admitted into a physchiatric ward. The complaint alleges that after her release, Christina wandered around the neighborhood before being approached by some people at a restuarant. She then ended up in a vacant apartment on the seventh floor of a local high rise. An alleged gang leader, Marvin Powell then allegedly sexually assualted her. Later that night, Christina fell from the apartment window, dressed only in underwear. She is now paralyzed from the waist down and has yet to regain consciousness. The City has refused to comment. Powell is being held without bail in Cook County jail.
Friday, July 14, 2006
DOCTOR SUES HIS EMPLOYER FOR MALPRACTICE
This space hasn't been particularly active the last several weeks due to an administrative nightmare - my assistant's spouse got a job in another state. Imagine my suprise when she told me she was going to go with him. I now have a renewed appreciation for all that personal assistants/secretaries do. That crisis has now been solved[I hope] and I can get back into a regular posting schedule.
I have noted a number of interesting legal affairs articles in the local papers over the last several weeks including a interesting story in the May 31, 2006 Chicago Sun Times. The article discussed a Washington state doctor, Dr. Terry Phillips, who filed a medical malpractice lawsuit involving St. Joseph Medical Center, the hospital where Phillips works. Dr. Phillips, an anesthesiologist, is suing Franciscan Health System, owner of St. Joseph Medical Center, for malpractice that allegedly caued the death of his wife, Patty. Ms. Phillips had gone to the hospital in March with severe abdominal pain. Dr. Phillips felt the pain was caused by an intestinal problem that warranted immediate surgery. Unfortunately, his wife was left in a hospital bed for hours without appropriate monitoring equipment and ultimately died. An autopsy revealed that Dr. Phillips was right. His wife had 20 inches of damaged intestine. Sadly, tragic things happen at every level of the socioeconomic scale. Even doctors can be victimized by medical negligence. It is inevitable that somewhere along the line, the spouse of an Illinois physician will be the victim of bad medical management. And when that time comes, how will that doctor feel about the damages limitations that are currently the law in Illinois?
I have noted a number of interesting legal affairs articles in the local papers over the last several weeks including a interesting story in the May 31, 2006 Chicago Sun Times. The article discussed a Washington state doctor, Dr. Terry Phillips, who filed a medical malpractice lawsuit involving St. Joseph Medical Center, the hospital where Phillips works. Dr. Phillips, an anesthesiologist, is suing Franciscan Health System, owner of St. Joseph Medical Center, for malpractice that allegedly caued the death of his wife, Patty. Ms. Phillips had gone to the hospital in March with severe abdominal pain. Dr. Phillips felt the pain was caused by an intestinal problem that warranted immediate surgery. Unfortunately, his wife was left in a hospital bed for hours without appropriate monitoring equipment and ultimately died. An autopsy revealed that Dr. Phillips was right. His wife had 20 inches of damaged intestine. Sadly, tragic things happen at every level of the socioeconomic scale. Even doctors can be victimized by medical negligence. It is inevitable that somewhere along the line, the spouse of an Illinois physician will be the victim of bad medical management. And when that time comes, how will that doctor feel about the damages limitations that are currently the law in Illinois?
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