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-Suburban Scene-
By PATRICIA MANSON
and AZELL MURPHY
Law Bulletin Staff Writers
In Lake County's largest-ever civil verdict, a
jury has ordered Highland Park Hospital to pay
$18.6 million to a 4-year-old boy who suffered
brain injuries at birth.
The previous civil-verdict record for Lake
County was $5.5 million, awarded in 1990,
according to the Illinois Jury Verdict Reporter.
Moises Rojas, Jr., won't collect the entire
amount of the verdict, but still will receive a
hefty $11 million as a result of a settlement.
That $11 million figure represents the "high" in
a high-low agreement reached while the jury
was deliberating in the medical-malpractice
lawsuit filed on the boy's behalf. The low figure
was $2.95 million.
The first $1 million will be paid next Monday
and the balance in about six weeks, said Rojas'
attorney, Robert S. Baizer of Highland Park's
Baizer & Kolar, P.C.
Rojas also was represented by Baizer's
partner, Joseph E. Kolar.
Rojas will receive an additional $250,000 from
Dr. Cheryl Perlis even though the jury
determined that she was not liable for the boy's
injuries.
Although Perlis did nothing wrong, she
entered into a high-low agreement because of
her potential exposure in the case, said her
attorney, Joseph P. Switzer, a partner in
Swanson, Martin & Bell.
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Baizer said Rojas suffers from cerebral palsy
because of the failure of hospital personnel to
detect signs of fetal distress and to take action
to prevent the boy's injuries. Although Rojas
has normal intelligence, he cannot speak or use
his hands, feet or limbs, Baizer said.
Until now, Rojas' health maintenance
organization has limited him to one session of
physical and occupational therapy a week,
Baizer said. He said Rojas has received only a
small amount of speech therapy at school
because the HMO refused to cover that
therapy.
The settlement will finance daily physical,
occupational and speech therapy sessions,
Baizer said, and will also pay for augmentative
communications systems that will allow Rojas
to communicate through computers.
"This will make Moisie's life better," Baizer
said, referring to the boy by his nickname.
The jury in Circuit Judge Jack Hoogasian's
court returned the verdict against the hospital
on Monday, following a two-week trial and after
about eight hours of deliberations.
The suit was brought on Rojas' behalf by his
parents, Kimberly K. Bolduan and Moises Rojas
Sr. The couple also has three daughters.
Kimberly K. Bolduan, et al., v. Highland Park
Hospital, et al., No. 95 L403.
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