{
  "id": 2701841,
  "name": "Bernice Szydelko, Administratrix of the Estate of William J. Szydelko, Deceased, Claimant, v. The Department of Mental Health of the State of Illinois, Respondent",
  "name_abbreviation": "Szydelko v. Department of Mental Health",
  "decision_date": "1984-02-10",
  "docket_number": "No. 79-CC-0764",
  "first_page": "135",
  "last_page": "138",
  "citations": [
    {
      "type": "official",
      "cite": "36 Ill. Ct. Cl. 135"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 283,
    "char_count": 3778,
    "ocr_confidence": 0.871,
    "sha256": "f5682d951c8feac0fcc7d4fa9c3431601cf59aa0d56016ed4fa3909d0513ec5a",
    "simhash": "1:41b856979a243636",
    "word_count": 630
  },
  "last_updated": "2023-07-14T17:14:57.173915+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Bernice Szydelko, Administratrix of the Estate of William J. Szydelko, Deceased, Claimant, v. The Department of Mental Health of the State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "POCH, J.\nThis is a claim brought by Bernice Szydelko, as administratrix of the estate of William J. Szydelko, deceased, to recover damages for the alleged wrongful death of the Claimant\u2019s decedent on August 28, 1978.\nA hearing was conducted before Commissioner Joseph P. Griffin, who heard testimony of witnesses, received evidence and the briefs and arguments of counsel. The commissioner has duly filed his report, together with the transcript, exhibits and briefs now before us.\nWilliam J. Szydelko, decedent, age 32, was a patient at the Shapiro Developmental Center, a facility of the State of Illinois. He was first institutionalized when he was 25 years of age having a history of epilepsy.\nDuring his stay at the Center, he was given various medications. On the day of his death, he was receiving: (a) phenobarbital, 60 mg., 3 times per day; (b) valium, 5 mg., 3 times per day; (c) serentil, 75 mg., 3 times per day; and (d) mysoline, 50 mg., 4 times per day.\nOn August 17, 1978, decedent\u2019s dosage of serentil was increased from 50 mg., twice a day to 75 mg. three times a day, a 125% increase in dosage. It is Claimant\u2019s contention that an increase in this dosage had an effect on decedent\u2019s ability to swallow.\nOn August 28, 1978, decedent\u2019s dinner consisted of braised beef and noodles. The pieces of beef were approximately 1/2 inch wide and 3/4 inch long. While eating his dinner, the decedent stood up, coughed out his milk, reached for his throat and collapsed. Effort was made to revive the decedent. Decedent was taken to St. Mary\u2019s Hospital in Kankakee, Illinois, at 5:45 p.m. Decedent died at the hospital at 6:25 p.m. on August 28, 1978. Death was caused by meat mass inhalation asphyxia due to, or as a consequence of, associated mental retardation with chronic seizure disorder, and resuscitational.\nClaimant claims that Respondent was negligent in rapidly increasing decedent\u2019s dosage of serentil which had an adverse effect on his swallowing, and that Respondent failed to provide decedent with a soft diet and failed to properly supervise him at mealtime by not providing him with a medical technician one to one.\nDecedent had a history of mental retardation at an early age. He was never gainfully employed.\nClaimant expended the sum of three thousand five hundred ($3,500.00) dollars for the burial of her son.\nExtensive medical testimony was submitted by both sides.\nFrom the record, it is the opinion of the Court that the State was negligent in the care of the decedent which resulted in his death.\nThe Court therefore makes an award in the amount of eight thousand five hundred ($8,500.00) dollars, to Bernice Szydelko, administratrix of the estate of William J. Szydelko, deceased.\nORDER ON DENIAL OF REHEARING\nThe cause comes before the Court on Claimant\u2019s petition for a rehearing of the decision of the Court of February 10, 1984, and Respondent having filed its objections and all parties having received due notice of the pleadings and the Court being fully advised hereby:\nFinds that the petition for rehearing does not state with any merit any alleged errors overlooked by the Court. Pursuant to Rule 22 of this Court there is no legal or factual reason to modify the opinion of February 10, 1984.\nIt is hereby ordered:\nThat the petition for rehearing by Claimant be, and the same is hereby denied.",
        "type": "majority",
        "author": "POCH, J."
      }
    ],
    "attorneys": [
      "Joel H. Greenburg, for Claimant.",
      "Neil F. Hartigan, Attorney General (Francis Donovan, Edward Hurley, and Hans G. Fladung, Assistant Attorneys General, of counsel), for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 79-CC-0764\nBernice Szydelko, Administratrix of the Estate of William J. Szydelko, Deceased, Claimant, v. The Department of Mental Health of the State of Illinois, Respondent.\nOpinion filed February 10, 1984.\nOrder on denial of rehearing filed May 1,1984.\nJoel H. Greenburg, for Claimant.\nNeil F. Hartigan, Attorney General (Francis Donovan, Edward Hurley, and Hans G. Fladung, Assistant Attorneys General, of counsel), for Respondent."
  },
  "file_name": "0135-01",
  "first_page_order": 223,
  "last_page_order": 226
}