BENTON – Former Edwardsville High School golfer Bailey Vorachek and the school board settled a claim that an electric pain reliever burned her back.
Mediator Michael Reda of St. Louis achieved settlement on Sept. 19 and notified Senior U.S. District Judge Phil Gilbert on Sept. 20.
Grey Chatham Jr. of Belleville filed Vorachek’s suit last December, stating she was born in 2004 and resided in Texas.
He claimed nursing staff applied a transcutaneous electric nerve stimulator to bare skin but failed to set a timing device and monitor the unit.
Chatham claimed it left scars that would remain the rest of her life.
He sought damages for battery and negligence.
School board counsel Abby Bandy of Edwardsville moved to dismiss the battery claim in February.
She claimed a medical battery plaintiff must establish that there was no consent to treatment, or it was performed against a party’s will, or it substantially varied from the consent granted.
“Illinois law provides that a defendant is not liable for acts substantially similar to those which are consented to and will instead only be liable under a theory of battery if they went beyond the consent given to perform substantially different acts,” she wrote.
She and Chatham notified Gilbert in March that they selected Reda as arbitrator.
He practices in the St. Louis office of HeplerBroom.
No one filed anything for six months until Reda filed the settlement notice.
Gilbert granted the parties 60 days to prepare documents.