Attorneys Author IDC Quarterly Articles in Second Quarter 2021 Issue

The Illinois Defense Counsel recently published the Second Quarter 2021 issue of the IDC Quarterly featuring articles written by Heyl Royster attorneys.

The Health Law column – “Illinois Supreme Court Reverses Third District Ruling in Fatal Blood Clot Case,” was co-authored by Mark Hansen and Emily Galligan. In Steed v. Rezin Orthopedics & Sports Medicine, the Illinois Supreme Court upheld the trial court’s denial of the plaintiff’s post-trial motion for judgment notwithstanding the verdict, and overruled the Third District Appellate Court. The plaintiff’s decedent died of a deep vein thrombosis (DVT) a few weeks after surgery for a partial tear to his Achilles tendon. Although his follow-up appointment was scheduled more than three weeks after the surgery, rather than the two week time frame the surgeon requested, both the surgeon and the plaintiff’s expert stated that the risk of developing a DVT following this type of surgery was less than 1 percent. The trial court found for the orthopedic clinic; the Third District overturned the trial court decision. The Illinois Supreme Court found, among other things, that there was sufficient evidence to show that the occurrence of the DVT was not foreseeable.

Emily Galligan and Alex Rives co-authored the Civil Rights Update – “Seventh Circuit Affirms Summary Judgment in Favor of Police Officers in Use of Force Case Against Individual Suffering from Mental Illness.” In Turner v. City of Champaign, Richard Turner was homeless and suffering from mental illness. He was well-known to Champaign officers due to a decade-long series of non-violent encounters which often ended with his hospitalization for mental health treatment. During an encounter where Mr. Turner appeared even more disoriented than usual, officers decided to detain him and take him to a hospital for his own protection. Turner resisted. In the process of restraining him, officers realized that he was not breathing, and immediately began lifesaving measures. An autopsy showed that Turner died from cardiac arrhythmia, probably from an underlying heart condition. There was no sign of suffocation or trauma. His estate filed suit, claiming a variety of civil rights violations. Ultimately, the Seventh Circuit ruled that the officers used reasonable and justified force. There was no sign of trauma from the officers’ efforts to restrain Turner, his medical condition was not readily observable, and the officers had not used excessive means to restrain him. Turner presented a danger to himself, and potentially to others, justifying the officers’ attempts to restrain him.

Mark McClenathan and John Heil continue in their roles as Directors of the Illinois Defense Counsel. Mark also serves as a member of the Construction Law Committee, Mark and John are members of the Civil Practice Committee, Emily Galligan is a member of the Employment Law Committee, Patrick Cloud is past chair of the Insurance Law Committee, and Bryan Vayr is a member of the Tort Law Committee.

The Illinois Defense Counsel recently released their annual Survey of Law publication, a summarization of the most important 2020 cases in Illinois from the areas of civil practice, insurance, torts, toxic torts, employment, construction, and legal ethics. John Heil was a contributor to the 2020 Civil Practice Law Cases; Mark McClenathan contributed to the 2020 Construction Law Cases; and Patrick Cloud contributed to the 2020 Insurance Law Cases.