Personal Injury Law

In Illinois Federal Judge Upholds $8.2 Million Wrongful Death Award Over Medical Malpractice

In Illinois, a federal judge has upheld an $8.2 million wrongful death award. The defendants in the case are St. Louis University and the United States.

The plaintiffs are Ronald Arpin?s family members. Arpin was a patient who died from abscess complications while under the care of a program run by the United States and St. Louis University doctors at Scott Air Force Base. The plaintiffs had accused the doctors that ran the program of failing to diagnose and treat his condition.

After finding the defendants negligent, the federal court awarded the plaintiffs $7 million for loss of consortium, $150,000 for medical expenses, $750,000 for pain and suffering, $2,200 for funeral costs, and $354,000 for lost wages.

Arpin?s wife Jeannine had been totally dependent on him before he died. One of Arpins?s sons says he became an alcoholic because of his father?s death. Another son says he can?t attend family dinners anymore because the loss of his father is too painful for him.

The defendants appealed the judgment and the award for loss of consortium. The 7th Circuit vacated the loss of consortium award and sent the case back to the federal court where Chief Judge David Herndon said a ratio approach was not possible and that the effect of losing Arpin was obviously so devastating to this family to have the kind of impact that until this case he had never seen before.

Judge Upholds $8.2M Wrongful Death Award, Courthouse News, November 20, 2009

Related Web Resources:
Medical Malpractice, Justia

Illinois Wrongful Death Act

Full post as published by Chicago Injury Attorney Blog on November 24, 2009 (boomark / email).