AD!

ALTSCHULER, Special
OTHY BR
Administrator of the Estate of
CLERK OES THE CARE
Christof Litwin, Deceased,

Plaintiff,

V. No. 03 L 11241

NORTHWESTERN MEMORIAL
HOSPITAL, et al.,

Defendants

PETITION FOR LEAVE TO SETTLE ACTION FOR

WRONGFUL DEATH AND TO ALLOCATE THE PROCEEDS

NOW COMES THE Plaintiff, Adi Altshuler, Special Administrator of the Estate of
Christof Litwin, Deceased, by and through her attorneys, LEVIN, RIBACK LAW
GROUP, P.C., and petitions this court to make the following findings in the above-
captioned cause of action:

1. Adi Altshuler is the Special Administrator of the Estate of Christof Litwin,

Deceased, and is authorized to settle this cause.
2. Adi Altshuler filed this cause of action against Defendant for the wrongful
death of her husband, Christof Litwin. The death was a result of the failure to diagnose
and treat respiratory compromise, a respiratory arrest and a cardiac arrest.
3. At the time of the occurrence, the decedent, Christof Litwin was 52 years
of age (born 6/15/1949).
4. The decedent left surviving him at the time of his death as next of kin, the
following individuals:

Adi Altshuler wife 3/23/57

Yael Litwin minor, daughter 4/14/93
Yonaton Litwin minor, son 1/30/95
 5. The dependency of the next of kin on the decendent during his lifetime
was as follows:

Adi Altshuler wife 50.00%

Yael Litwin minor, daughter 25.00%
Yonaton Litwin minor, son 25.00%

6. After two mediation sessions before the Honorable Donald O’Connell,

Retired, an offer of settlement for ail claims for damages has been made in the amount
of $2,150,000.00 from Defendant Northwestern Memorial Hospital.
7. The petitioner has retained the legal services of Levin, Riback Law Group,
P.C., to represent the next of kin in this claim for damages for the wrongful death of the
decedent. The attorneys, Levin, Riback Law Group, P.C., and the petitioner believe the
offer is a fair and reasonable settlement of the action for damages for the wrongful
death of the decedent and that it is in the best interests of the next of kin that the offer
be accepted and that Defendant be released from any further financial liability.
8. The court has approved attorneys’ fees in the amount of 33 1/3% of the
settlement plus costs incurred for investigation, filing and prosecution of this case. The
fees are $716,666.66 and the expenses are $174,357.23.
9. Costs which are itemized and attached as Exhibit A have been incurred in
the amount of $174,357.23 plus anticipated of costs for the bond/probate filing fees for
the two minors’ estates.

WHEREFORE, your petitioner prays that an order be entered:

A. Permitting your petitioner, Adi Altshuler, to accept the settlement offer in

the amount of $2,150,000.00;

B. Directing the attorneys, Levin Riback Law Group, P.C., to be paid the sum
of $716,666.66 as compensation for attorneys’ fees;

C. Directing the attorneys, Levin Riback Law Group, P.C. to be paid the sum
of $174,357.23 (plus probate costs*) for reimbursement for the amount
paid or incurred for costs and expenses for investigation, filing, and
prosecution of the case.
 D. Directing that the net distribution amount be distributed as follows:

1. Adi Altshuler, wife 50% $629,488.10

2. Yael Litwin, daughter 25% $314,744.05
3. Yonaton Litwin, son 25% $314,744.05

E. Directing that the net settlement proceeds that are for the benefit of the
minors, Yonaton Litwin and Yael Litwin proposed herein shall be paid only
to a guardian appointed by the Probate Division and after the entry of an
order approving the bond or other security required to administer the
settlement and distribution in the petition.

*Subject to approval by the Probate Court.

~~ Richard I. Levin, Attorney for Plaintiff

Atty 1.D. No. 40280

Levin, Riback Law Group, P.C.
200 North LaSalle Street, Suite 2300
Chicago, Illinois 60601
(312) 782-6717
 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
Law Div. ~3Ag7
ADI ALTSCHULER, Special

ee See” See” Ste

Administrator of the Estate of
Christof Litwin, Deceased,

Plaintiff,

ee Ne
V. No. 03 L 11241

ee
ee
NORTHWESTERN MEMORIAL

ee
HOSPITAL, et al.,

ee
ee
Defendants.

See
PETITION FOR FEES FOR EXTRAORDINARY SERVICES PURSUANT TO
735 ILCS 5/2-1114 OF THE ILLINOIS CODE OF CIVIL PROCEDURE

NOW COMES THE Plaintiff, Adi Altshuler, by and through her attorneys, LEVIN,
RIBACK LAW GROUP, P.C., and respectfully moves this Honorable Court for an order

granting attorneys’ fees in the amount of 1/3 of the gross settlement for extraordinary

legal services provided. In support thereof, Plaintiff states as follows:

1. This matter involves a wrongful death medical negligence action against

Northwestern Memorial Hospital. The case was based on Defendant's: (1) failure to

diagnose and treat respiratory compromise; (2) failure to institute timely ACLS

protocols; and (3) improper direction of the respiratory arrest code team to the wrong

building.

2. As a result of Defendant’s negligence, Christof Litwin, age 52, died. He is

survived by his two children and his wife.

3. The parties have conducted extensive written and oral discovery in

this case.

4. Plaintiff, Adi Altshuler, and Plaintiff's attorneys, Levin, Riback Law Group,

P.C., entered into a contingency fee contract for legal services in accordance with the
statutory fee schedule set forth in Section 2-1114 of the Code of Civil Procedure, plus

costs and expenses (A copy of the Contingency Fee Contract and Retainer Agreement

is attached as Exhibit A).

5. After two lengthy and extensive mediations, Defendant, Northwestern

Memorial Hospital has offered and Plaintiff has agreed to accept the sum of

$2,150,000.00 to settle this matter.

6. The litigation of this matter required extremely complicated and difficult

medical preparation in excess of the work normally done for medical malpractice cases.

This preparation was necessitated by the nature of the medicine, the nature of the

liability and the complexity of the multiple issues invoived in proving Plaintiff's case, as

well as the vigorous defense on the medical issues.

7. Plaintiff's counsel was retained after the Law Offices of Powers, Rogers

and Smith rejected the case. Prior counsel consulted with medical expert(s), but was

unable to establish a causal link between the decedent's respiratory and cardiac arrest

and the failure of the ACLS Protocols and Defendant's negligence. Levin, Riback Law

Group, P.C. was retained on June 24, 2003, twenty months (20) after the date of death,

to review the matters explored by Powers, Rogers and Smith and research and

investigate all other possible medical theories leading to Mr. Litwin’s arrest and death

(Exh. A).
8. Plaintiff's attorney Richard Levin, has engaged in extraordinary services in

the prosecution of this case. He consulted with sixteen (16) medical experts in order to

fully research, prepare and prosecute the case. Plaintiff's counsel obtained

consultations in fields of medicine which included emergency room medicine,

anesthesiology, oncology, pathology, cardiology, otolaryngology and nursing. Plaintiff's

counsel also retained an economist to review all pertinent documentation and prepare a

2
complete economic analysis of lost earnings over the decedent's life expectancy.

Counsel for Plaintiff, Richard Levin, held over fifty (50) telephone conferences and/or

face-to-face meetings with these experts.

Plaintiff's Illinois Supreme Court Rule 213 (f)(3) Answers disclosed Lance

Becker, M.D. from the University of Pennsylvania (Emergency Medicine); Benjamin

Abella, M.D. from the University of Pennsylvania (Emergency Medicine); Kenneth

Candido, M.D., Chief of Anesthesiology at Illinois Masonic Hospital; Joseph Tobias,

M.D. from the University of Missouri (Anesthesiology); Ursina Teitelbaum, M.D. from

the University of Pennsylvania (Oncology); Peter Kudenchuk, M.D. from the University

of Washington (Cardiology); Jeannie Forrest, Ph.D. from the University of Illinois at

Chicago (Nursing); and Charles Linke, Ph.D. from the University of Illinois at

Champaign (Economist). The names of the purely consulting experts will be provided

to this Court in camera, but are not included in this petition due to the confidential

identity of certain experts who worked on this matter.

9. Twenty-three (23) discovery depositions were taken during the pendency

of this case. The majority of these depositions were of physicians and/or nurses,

requiring extensive preparation on medical issues. These depositions are as follows:

Name Specialty
A. Rakesh Chandra, M.D. Otolaryngology/ACLS

B. Douglas Sidle, M.D. Otolaryngology/ACLS (2 SESSIONS)

C. Amy Smith, R.N. Nursing/ACLS (2 SESSIONS)

D. Gerty Pierre-Louise, R.N. Nursing/ACLS

E. Linda Galambos, R.N. Nursing/ACLS

F. Harold Pelzer, M.D. Otolaryngology/oncology/ACLS

G. Ross Johnston, M.D. Otolaryngology

 H. Sylvia Wielecki, M.D. Anesthesiology

|. William Laskin, M.D. Forensic Med/Pathology

J. Neil Hagan, M.D. Oral Surgeon

K. Seth Hoffman, M.D. Internal Medicine/ACLS

L. Judith Quin, J.D. Risk Management

M. Kathryn Withers Telecommunications

N. Adi Altshuler Decedent’s Widow

O. Jose Dutra, M.D. Otolaryngology

P. Laronda McGee Telecommunications

Q. Barbara Moore Telecommunications

R. Lance Becker, M.D. Emergency Medicine

S. Benjamin Abella, M.D. Emergency Medicine

T. Ursina Teitelbaum, M.D. Oncology

U. Jeannie Forrest, Ph.D. Nursing

10. Due to the complexity of the medicine, many of the depositions

were attended by two lawyers representing Plaintiff. Of the twenty-three depositions

that were taken, all but the depositions of Plaintiff's experts, Adi Altshuler and the

pathologist were taken by Plaintiff's attorneys.

11. Plaintiff and Defendant participated in an extensive mediation process

before the Honorable Donald O’Connell, Ret. Plaintiff prepared a position paper

analyzing the entire case in concise terms along with numerous exhibits (including

deposition transcripts of the witnesses). Preparation of Plaintiff's mediation submission

required a detailed case analysis, a review and summary of all of the depositions,

additional meetings with experts and a compilation of exhibits. Plaintiff prepared for the

4
first mediation which lasted three hours. Defendant subsequently requested

depositions of Plaintiff's retained experts. The mediation was rescheduled eight (8)

months later after extensive 213 (f)(3) discovery of Plaintiff's experts. Plaintiff again
prepared for mediation, and the second mediation occurred on July 13, 2009.

12. Had this matter not settled at the mediation, Plaintiffs attorneys were fully

prepared for trial.

13. This litigation required difficult and complicated medical preparation in

excess of the work normally done for malpractice cases due to the multiple issues that

were involved. Counsel for Plaintiff had to become medically knowledgeable and

conversant in issues involving:

(a) Advanced Cardiac Life Support:

(b) Oncology/head and neck cancer: signs, symptoms, and
diagnosis as these illnesses relate to surgery, post-surgical
complications, i.e. edema of the trachea and life expectancy;
(c) Pathological processes and proof of intubation;
(d) Carbon dioxide and Ph levels in the blood: causes and
treatment during ACLS and the life-threatening complications;
(e) Anesthesiology and emergent intubation;
(f) Otolaryngofogy: the proper and timely performance of
crichothyroidotomy and tracheostomy;
(g) Pharmacology: the institution of ACLS medications including
epinepherine, phenylepherine, potassium, and medications to treat
pulmonary emboli;
(h) History and morbidity and mortality of squamous cell
carcinoma of the mandible: the historical mortality and morbidity
of squamous cell carcinoma and its relationship to responding to
surgical intervention, radiation, and/or chemotherapy;
(i) Emergency ACLS communications procedures: the proper
emergency communication procedures for insuring proper
response to respiratory and cardiac arrests in life-threatening
situations as instituted in a hospital setting.

14. Each of the aforementioned medical issues, as well as many others,

required extensive medical research and tutoring from consulting experts. Plaintiffs
counsel read and consulted many medical articles, journals and textbooks in the fields

of emergency room medicine, advanced cardiac life support, oncology, anesthesiology,

and internal medicine in order to learn about the medical issues.

15. Levin, Riback Law Group, P.C. provided extraordinary legal services for

the following reasons:

A. Christof Litwin died from a respiratory arrest that lead to a cardiac

arrest. No medical record, pathology report, autopsy report or other

document mentioned the reason the ACLS protocols failed when the

decedent merely had a respiratory arrest. To ascertain what happened,

Plaintiff's counsel filed numerous motions to compel seeking the

production of incident reports that the hospital claimed were privileged.

These motions were vigorously opposed by Northwestern.

Although Mr. Litwin died on October 4, 2001, it was December of

2006 before the Defendant, Northwestern Memorial hospital disclosed, in

response to court order, that the respiratory arrest code team was sent to

the wrong building when the code was called for Chritoff Litwin’s arrest.

After Plaintiffs counsel filed multiple discovery motions, the hospital finally

produced documents pursuant to court orders that revealed that Mr. Litwin

was left without proper medical management for over twenty (20) minutes

in a code situation. Mr. Litwin was in the Feinberg Pavilion, two blocks

from Prentice Women’s Hospital where the code team was sent.

Plaintiffs counsel’s aggressive approach to obtaining the

documentary evidence to which Defendant claimed privilege was essential

because prior to December 2006, no medical record or witness mentioned

the critical medical error in the direction of the code team. Even after

6
 obtaining this information, Plaintiffs counsel was required to file additional

motions and motions to reconsider because Defendant vigorously

defended the production of other documents to which it claimed privilege.

Plaintiff's counsel's success on these motions resulted in Defendant's

production of additional documents which revealed further negligent acts

leading to the failed code and the death of Christof Litwin. Thereafter, the

remaining doctors who were deposed attempted to deny the significance

of the code team responding to a code two blocks away from the code’s

actual location and argued that Christoff Litwin would have died from his

cancer within 1-5 years even if he survived the code. Regardless, the

twenty-two (22) minute delay in treatment that was revealed by the

“privileged” documents (not the medical records!), was irrefutable

evidence damaging to Defendant.

B. By retaining experts in the field of rescusitative sciences,

otolaryngology, anesthesiology, cardiology, oncology, pathology and

nursing and conducting an exhaustive literature search, Plaintiff was able

to support the theory that the arrest could have been avoided, the code

was mishandled, Christof could have survived and he would have lived to

his normal life expectancy.

C. When Plaintiff's counsel was initially consulted on this case, the

case had been rejected by one of the finest personal injury/medical

malpractice law firms in Chicago. The first step Plaintiff's counsel took

was to investigate the code and its failures from a medical standpoint.

7
 Plaintiff's counsel retained a consulting expert in anesthesiology and

determined from that starting point that the code was mishandled.

Thereafter, counsel for Plaintiff retained three of the leading experts in

field of resuscitative sciences: Lance Becker, M.D. from the University of

Pennsylvania; Peter Kudenchuk, M.D. from the University of Washington;

and Benjamin Abella, M.D. from the University of Pennslyvania. Each of

these experts is currently or was previously a member of the national

committee that institutes the procedures and protocols for ACLS.

D. At the time of his death, Christof Litwin was an astrophysicist at the

University of Chicago. Plaintiffs counsel worked with noted economist

Charles Linke, Ph.D. from the University of Illinois and obtained an

analysis of the potential income loss sustained by Christof’s passing.

16. _ Plaintiff's attorneys’ work in performing in-depth and exhaustive

investigation in multiple areas of medicine resulted in the ability to amass persuasive

proof on both deviations of the standard of care and causation. This work represents

extraordinary legal services.

17. Levin, Riback Law Group, P.C. has incurred costs and expenses in the

preparation and prosecution of this case which currently total $174,357.23. Levin,

Riback Law Group, P.C. seeks reimbursement in the actual amount of the costs and

expenses incurred, plus bond/probate expenses.

18. Plaintiff, Adi Altshuler, has been advised of the lilinois Statute regarding

attorney's fees in medical negligence actions and the structured fee component thereof.

Pursuant to statute, the normal attorney's fee would be $492,500.00 (See affidavit of

Adi Altshuler attached as Exhibit B).

 19. Plaintiff, Adi Altshuler, is aware of and has consented to the request being

made herein, that Levin, Riback Law Group, P.C. be compensated one-third contingent

fee based on the settlement of $2,150,000.00 for a total fee of $716,666.66 (See Exh.

A). Adi Altshuler agrees with and supports the motion (See Exh. B, par. 3).

20. The basis for this request incorporates the substantial legai efforts put

forth in this matter by Plaintiffs counsel on Plaintiffs behalf.

21. Plaintiff joins in the Petition for request of said compensation (See

Exh. B).
22. Additionally, Plaintiff attaches and incorporates the affidavit of the

Honorable Donald O’Connell, Retired, who read all of the depositions and Rule

213(f)(3) disclosures in this matter and mediated this case (See affidavit of the

Honorable Donald O’Connell, Retired, attached as Exhibit C).

WHEREFORE, THE Plaintiff, Adi Altshuler, respectfully requests that this Court
approve attorney’s fees to the firms of Levin, Riback Law Group, P.C. in the total
amount of $716,666.66 plus costs and expenses in the amount of $174,357.23 plus
costs for probate.

Respectfully Submitted,

ee GROUP, P.C.

Attorney for Plaintiff

Atty |.D. No. 40280

Levin, Riback Law Group, P.C.
200 North LaSalle Street, Suite 2300
Chicago, Illinois 60601
(312) 782-6717
 a
PLAINTIFF'S —

MEDICAL MALPRACTICE CONTINGENCY FEE CONTRACT AND RETAINER AGREEMENT

BETWEEN LEVIN, RIBACK LAW GROUP AND ADI ALTSCHULER

RETENTION, REVIEW AND INVESTIGATION

The undersigned, ADI ALTSCHULER, wife of Christof Litwin, deceased, hereby retains
LEVIN, RIBACK LAW GROUP, to review and to investigate a claim or cause of action for medical
malpractice against Northwestern Memorial Hospital, Dominic Ettlin, Joan Guitart, M.D., Ellen
Gelles, M.D., Dr. Brieva, Dr. Ablei and those persons and/or institutions responsible for the death
of Christof Litwin. LEVIN, RIBACK LAW GROUP agrees to undertake a review and an
investigation of this claim or cause of action to determine if the attorneys and the client wish to
proceed with representation of the medical malpractice claim or cause of action. In the event that
it is determined that a malpractice claim exists, the client retains and authorizes LEVIN, RIBACK
LAW GROUP to file a cause of action against the responsible parties and to litigate this matter
through discovery, trial, any subsequent appeals and/or settlement of this action. In the event
that there isn’t a cause of action LEVIN, RIBACK LAW GROUP will notify the client and return the
contents of the file to him.

TERMINATION AND WITHDRAWAL

LEVIN, RIBACK LAW GROUP reserves the right to terminate representation and withdraw
from the review and investigation if the LEVIN, RIBACK LAW GROUP determines that, based on
the facts, the medicine, and/or the law, they are unable to continue such representation, review,
or investigation.

REPRESENTATION AND FEES

Should LEVIN, RIBACK LAW GROUP agree to proceed to represent ADI ALTSCHULER
(the client) regarding the medical malpractice claim, the client agrees to pay a total contingent fee
according to the following schedule: .
(1) As to any sum recovered:
(A) 33 1/3 of the first 150,000;
(A) 25% of the next $850,000;
(B) 20% of any amount recovered over $1,000,000, of the sum recovered

(2) If the attorneys perform extraordinary services involving more than usual
participation in time and effort, LEVIN, RIBACK LAW GROUP may apply to the
Court for approval of additional compensation up to 33 1/3 % of the gross
settlement and/or verdict.

(3) This contingent fee agreement may be reviewed by the Court for fairness.

(4) The contingent fee will be calculated by multiplying the appropriate percentage
listed in 1(A) & (B) above by the total gross settlement or verdict. The fee will be
calculated before the expenses are deducted from the gross settlement or verdict.
After the fee is calculated the remaining expenses and costs will be deducted from
the remaining amount of the settlement or verdict.

(5) LEVIN, RIBACK LAW SAE Aiket apsume profes ional repponsity ity in iho |

x & mewvery Adi Altituler Agree, H Arimburse WOM Un

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Levin, Cikack law Grupheor Oud PON ExMenses. -
 this potential medical malpractice action entrusted to us, to charge no fee unless
recovery is had by settlement or verdict, and to make no settlement without the
consent of the client.

COSTS AND EXPENSES

The client authorizes LEVIN, RIBACK LAW GROUP to incur reasonable expenses
in connection with the settlement or prosecution of this case. The client agrees to
reimburse LEVIN, RIBACK LAW GROUP in the amount of the actual expenses and
costs so incurred after the contingency fee is deducted from the gross amount of
money recovered. The client realizes that costs and expenses incurred or
expended may include, but are not limited to, medical and hospital records,
consultants’ and experts’ opinions and reports, court reporter fees, investigator's
fees, trial exhibits, and other costs normally associated with the investigation and
representation of a medical malpractice claim, cause of action, or litigation. If at the
time of any settlement, recovery, or collection, there is due and owing costs and
expenses, 100% of the amount due shall be deducted from the gross proceeds prior
to calculating the contingency fee. In the event the client terminates the services of
LEVIN, RIBACK LAW GROUP and hires a different attorney, the client agrees to
pay LEVIN, RIBACK LAW GROUP its full expenses and costs incurred to that time.

CLIENT COOPERATION
The client agrees to cooperate fully with the attorneys in the handling of the
payment of costs and expenses, review, investigation, and representation of the
claim, cause of action, or litigation.

WITHDRAWAL AFTER REPRESENTATION

The attorneys, LEVIN, RIBACK LAW GROUP reserve the right to withdraw from
representation of the client at any time, if, in the opinion of the attorneys, the
medical malpractice claim or cause of action becomes doubtful.

\ ,
DATE: Jun¢ 24, 2003

LEVIN; RIBA@K LAW GROUP “Ud

7 — ADI ALTSCHULER,
 RIDER A

ATTORNEY-CLIENT CONTINGENT FEE AGREEMENT

in the event that LEVIN, RIBACK LAW GROUP determines that the case should not be
pursued, LEVIN, RIBACK LAW GROUP has the right to withdraw and supply the client with the
records gathered on his/her behalf.

AGREED TO AND EPTED this June 24, 2003

LEVIN/ BAC R be CLIENTS:

[/ ADI ALTSCHULER
 _.- PLAINTIFF'S
i ‘S-

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION

ADI ALTSHULER, Special

ee” Seat ae
Administrator of the Estate of
Christof Litwin, Deceased,

et” ee” i” Set?

Plaintiff,

V. No. 03 L 11241

NSBR STEIN MEMORAL ts

ee Nee Sime
' » ¥ 3

ee
Defendants g¥

ee
AFFIDAVIT 25
1, ADI ALTSHULER, state that the following is true: é

1. | have been advised by my attorney, Richard Levin of Levin, Riback Law Group,
of the Illinois statute regarding contingent fees for attorneys in medical
malpractice actions. |

| have also reviewed the petition prepared by my attorneys in which they are
seeking attorneys fees at a one-third contingency fee rate.

| agree and support the motion and believe that my attorneys are entitled to
receive attorneys’ fees at a one-third contingency fee rate.

4) | have been advised of the difference in the amount of money my attorneys

would recover if the court permits them to recover attorneys’ fees at one-third
contingency fee rate rather than the fees they would be entitled to under the
illinois statute. | understand that the attorneys’ fee is $716,666.66. |
pag boD that under the Medical Malpractice fees statute the fee would
492,500.

9) | believe my attorneys are entitled to recover attorneys’ fees at a one-third

contingency fee rate based upon the extraordinary amount of time, expense,
and work that they have put into my case.

eh oe T SAYETH NOT

ADI ALTSHULER

Subscribed and Sworn

before me this 13" day
of July, 2009. POO TID OF

OFFICIAL SEAL
SANDRA ARROYO
y Bi Notary Public, State of Illinois
otary 4 My Commission Expires 8/25/2009 §
PPDPPPP PEPE LPP ALAM
 PLAINTIFF'S_
TNS

EXHIBIT
ae
a

: * IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS j ( ;

COUNTY DEPARTMENT, LAW DIVISION
a

ADI ALTSCHULER, Special ) oS

Administrator of the Estate of ) vs
Christof Litwin, Deceased, e &

Plaintiff, ts

V. No. 03 L 11241 gy
mi

NORTHWESTERN MEMORIAL #3
HOSPITAL, et al.,

Defendants. £
AFFIDAVIT OF THE HONORABLE DONALD P. O’CONNELL, RET.

The undersigned states that under oath that if called to testify, he would state as follows:

1. | was the mediator for the case of Adi Altshuler, Special Administrator of the Estate of
Christof Litwin, Deceased v. Northwestern Memorial Hospital, et al.

2. This case was mediated before me twice.

3. | read the position paper Plaintiffs counsel submitted for mediation.

4, | read the transcripts of approximately ten of the depositions taken in this matter.

5. | read the opinions of Plaintiff's eight Illinois Supreme Court Rule 213(f)(3) expert
witnesses.

6. By mediating the case and reading the position paper, the deposition transcripts and
the expert opinions, | recognized the theory of the case Plaintiff's counsel formulated by their
extensive investigation and research into multiple areas of medicine as well as hospital
procedure and practice. Plaintiffs counsel also spent extensive time and resources
challenging and resolving the many privilege issues that were raised during the course of the
litigation. The work performed by Plaintiff's counsel represents extraordinary services which
involved more than usual participation in time and effort for a medical malpractice case.

RET.

PAP etre aebdP ddd

PAPLPPPPPPEEREIE
PREP PDIPAD PEI PED A

; OFFICIAL SEAL
PALPPPPL A
TCT
APP Padre

ELIZABETH TAYAHUA
NOTARY PUBLIC - STATE OF ILLINOIS
OTUCCT

> MY COMMISSION EXPIRES:04/27/11

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