April 14, 2004
WAUKEGAN, IL – Attorneys Michael P. Schostok and Scott R. Clewis announced today that they reached a total settlement of $2.05 million settlement in the case of John Walton v. James E. Allen, M.D. and Metro Infectious Disease Consultants, et al. (Court No: 99 L 00560)
In April of 1998, the Plaintiff, John Walton, suffered a cut on his right hand. He received treatment by the Defendant, Dr. James Allen, an Infectious Disease Specialist in Hinsdale, Illinois. Dr. Allen prescribed a six-week course of IV antibiotic therapy with Gentamicin and Vancomycin to treat the infection. Near the end of Mr. Walton’s treatment, he developed severe dizziness, which prompted him to see his primary physician. Mr. Walton was later diagnosed with severe ototoxicity, which rendered him almost completely devoid of any balance function. He is now permanently disabled.
The Plaintiffs alleged that Dr. Allen’s selection of IV Gentamicin and Vancomycin was inappropriate and outside of the standard of care since there were many other alternative antibiotics that could have treated this infection just as successfully and without the harmful risk of ototoxic side effects. The Plaintiffs also alleged that Dr. Allen failed to appropriately monitor the levels of Gentamicin and Vancomycin in Mr. Walton’s system. The Plaintiffs presented evidence at trial that if Mr. Walton’s levels were monitored properly, ototoxicity could have been prevented.
At the time of the injury, Mr. Walton was employed as a dockworker by Roadway Express. Due to his balance disorder, he is on permanent disability and can no longer work. Mr. Walton resides in Bensenville, Illinois with his wife Alice.
The Defendants Community Nursing Service (CNS) of DuPage County and Heartland Home Infusions had previously settled for $400,000. The remaining settlement of $1.65 million was reached after a 5-day trial for a total settlement of $2,050,000. Dr. Allen and the Metro Infectious Disease Consultants were represented by attorneys Mark Fedota and Jason Fura of Fedota, Childers & May, P.C.
For additional information on the Walton case, Michael P. Schostok or the law firm of Salvi, Schostok & Pritchard P.C., please contact Marketing Director, Beth Olzewski, at 847-249-1227.
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