Shellie’s Medical Malpractice Nightmare

and her

Fight for Freedom of Speech

Trial Date

The trial date was set for October 2, 2006 to defend myself and this website
against the lawsuit that Mr. Deratany filed against me in December of 2003.  I arrived in Chicago on Thursday, September 28, 2006 along with my witnesses. We met with Mr. Giampietro to prepare for trial. Preparation went on through the weekend. I arrived at the Daley Center on October 2, 2006 with my attorney and witnesses. We then reported to the assignment courtroom (that is a courtroom in which all the pending cases are assigned to a judge to hear them). Neither Mr. Deratany nor his attorney, Kevin Martin,  were present. Our case was called, we advised the court that the plaintiff was not present.  We were then assigned to a judge. We proceeded to the assigned judge's courtroom. Mr. Giampietro and a representative from the court from which we were assigned began trying to contact Mr. Martin. I sat in the hallway outside the court and sobbed.  I had waited for almost three years for my day in court.  I spent a great deal of money in defending my website over those three years, and I was ready to go to trial. Why wasn't Mr. Deratany or his attorney there? We then heard from Mr. Martin who stated that he thought the trial date was October 3, 2006. My group headed back to Mr. Giampietro's office to wait to hear back from Mr. Martin as he stated that he needed to talk to his client.

Mr. Martin then called my attorney and suggested both sides drop their claims. I said absolutely not. Saying that I was stunned would be an understatement.  Jay Paul Deratany filed a lawsuit against me for writing this website.  Deratany filed so many motions for the first year that my attorney, Mr. Mudd, had to withdraw.  Mr. Giampietro took over and we prepared for trial.  Finally after 3 years the trial date came.  We were ready.  We went to the court house the day it was to begin, with witnesses and ready to go.  Deratany doesn't show up and when he is located says "NEVER MIND."  Are you freak'n kidding me?  What kind of person/attorney does this?

After several calls being exchanged between the two attorneys, Mr. Martin came over to my attorney's office to meet in the conference room and discuss the issues in person. After lengthy negotiations both sides agreed to dismiss their claims with certain provisions that I insisted upon. On October 3, 2006 the Honorable Judge Maureen Durkin Roy signed the Agreed Orders dismissing Mr. Deratany's lawsuit with prejudice and my counter-claims without prejudice as was mutually agreed upon by all parties involved on October 2, 2006.   This means that Mr. Deratany forever signed away his right to bring this action back and that I could refile my claims in the future, should I need to.  This was the only way that I agreed to this dismissal and not going forward with the trial.  My life was suffering due to things stemming from this matter and I knew that there may be a point in time that I may need to re-address this matter through the courts.  Mr. Deratany also paid my attorney's fees for the time that I  spent in Chicago preparing for the trial.  At the time Mr. Giempietro and I agreed that it would be best to dismiss the case only with our provisions.  I have Lupus and stress triggers the disease to flare up.  I had a rough time with my health during the 3 previous years while I was fighting Deratany's lawsuit.  I look back now and wonder why in the world I agreed to not going forward with the trial that day.  Deratany sued me, I believe unjustly, ran up my attorney's fees sky high, then doesn't show for trial.  I will regret not going forward with that trial for the rest of my life.

On November 1, 2006 Jay Paul Deratany filed a motion for the Court to vacate the Court's Order of October 3, 2006 granting our mutual dismissal of the Deratany lawsuit and my counterclaims. This motion was later withdrawn by Jay Paul Deratany.