August 16, 2005 - Woman Forced to Accept Multi-Million Dollar Settlement
After effectively losing a four year bid to hold her son's university accountable for his death, Linda Will broke into tears. On Monday, Will was forced to step aside to permit a settlement offer by Northwestern University for the death of her son, football player Rashidi Wheeler.
"I feel you are being totally unfair and biased," Will told Judge Kathy Flanagan, who allowed open comments from Will for some time from the courtroom floor. "I think you are abusing your position and power."
Flanagan removed Will as executor of her son's estate so Will's ex-husband George Wheeler could accept a $16 million settlement from Northwestern on behalf of himself, Will and Wheeler's four siblings and half-siblings.
Illinois law requires judges to safeguard the interests of minor heirs, Flanagan explained to Will. But refusing a $16 million settlement for the chance of nothing from a jury would cheat the children, Flanagan said.
"This is a phenomenal [settlement] which can never be improved and could perhaps be endangered" if she doesn't take it, Flanagan said.
"A wrongful death suit like this one has but one purpose, and that is to acquire compensatory damages for the benefit of the six members of the estate as the result of a premature, negligently caused death," said the attorney for the decedent's father, George Wheeler. "It's not to get the coaching staff fired or all that other stuff."
By bringing the suit, Will forced Northwestern to admit coaches bungled her son's asthma attack and a school doctor burned his medical records.
"I'm fully aware of your desire to take this case to trial, but this is not your case to take," Flanagan told Will. "I would be willing to let you commit legal suicide."
Last year a judge ordered parents of a brain-damaged newborn to accept a $35 million settlement from a doctors' group. As in this case, the judge took the recommendation of a guardian he appointed to represent the minor.
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