Examples of settlements or verdicts in excess of $1,000,000.00 obtained
in cases handled by Mr. Rogers include:
W. v. Transamerica, et al.
Products Liability/Trucking Negligence: Settlement as co-counsel for a Reverend and his family who lost six minor
children in a van fire which occurred when a improperly trained and illegally
licensed truck driver failed to properly inspect and identify a defective
weld on a 90 lb. taillight housing which later fell from the trailer onto
the roadway in front of the family’s van, piercing its fuel tank,
and causing a horrific fire that killed the minor children, ages 6 months
to 13 years. Lead counsel, Joseph A. Power, Jr.
H. v. Dr. Lopes and Rush University Medical Center
Medical Negligence/Brain Injury: The Plaintiff was horribly brain damaged during a neuro-endovascular
procedure where a cardiac stent was used in a non-FDA approved procedure
to treat a brain aneurysm. Mr. Rogers established that the neurosurgeon
and institution placed their desire to increase the number and type of
procedures performed over the efficacy, appropriateness, and necessity
of the procedure and that the patient’s signs and symptoms of intra-cerebral
bleeding were not timely recognized.
R. v. Seadog Ventures, Inc., et al.,
Reduced 20% to: $10,800,000.00
Offer prior to Trial: $3,000,000
Offer after Jury Selection: $5,000,000
Final Offer Prior to Verdict: $6,500,000
Negligence: The Plaintiff was run over by a commercial boat named the Sea Dog near
Oak Street Beach in Chicago, Illinois. It was almost six weeks after the
swimming season was over and the beaches were closed. Prior to this case
the highest verdict for a below the knee amputation was $5,350,000.00.
This verdict more than doubled the previous high in the State of Illinois
for a below the knee amputation. Lead counsel, Joseph A. Power, Jr.
C. v. Union Pacific Railroad Co., et al.
Offer before trial: $ 1,600,000.00
Automobile Negligence: A 71 year old African-American man was injured on July 25, 1995 when
a semi-tractor trailer owned by Chicago & Northwestern Railway Co.
and Union Pacific Railroad Co. pulled from a stop sign at a T-intersection
in Northlake in front of a truck traveling eastbound in which Plaintiff
was a passenger. He suffered a spinal cord injury which left him with
incomplete paralysis in his arms and legs. Lead counsel, Larry R. Rogers, Sr.
C. v. University of Chicago Hospitals
Medical Negligence: The mother of the deceased minor child delivered twins at 34 weeks at
MacNeal Hospital by C-section. One of the twins was diagnosed with a respiratory
problem known as esophageal artesia with lower tracheoesophageal fistula.
They diagnosed the condition on 11/15/06, ran tests on 11/16/06 and told
family that on 11/17/06 they were going to attempt to reattach the esophagus
to the stomach and address a fistula between the esophagus and lung. The
family was told it would be 2-3 hours surgery, but after waiting 6 hours,
they still had not heard anything. Finally they were told the problem
was more difficult than anticipated and that they were waiting a specialist.
Plaintiff’s investigation revealed that in fact a medical error
occurred during the procedure. Instead of incising the fistula as intended,
the surgeon transected the child’s bronchial tube to the lung and
caused the lung to collapse. After the surgery, the child was on a ventilator
and hospitalized until he ultimately died from his injuries.
A. v. Woodharbor Millworks, et al.
Trucking Negligence: The Plaintiff was struck and partially run over by a right-turning truck
as she began to cross the street while on her bicycle. The Plaintiff suffered
injuries to her pelvis and abdomen, requiring the use of a diverting colostomy
which may or may not be permanent. Additionally, the Plaintiff suffered
from symptoms of PTSD. The Plaintiff was unmarried and not working at
the time of the collision. Lead counsel Larry R. Rogers, Jr. and second
chair Kathryn L. Conway.
J. v. Dr. Carlton West, Michael Reese Hospital
Offer before trial: $1,600,000.00
Medical Negligence: July 10, 2000 orthopedic surgeon, Dr. West, performed left quadriceps
tendon repair surgery on Glenn Jonson at Michael Reese. Mr. Johnson developed
a pulmonary embolism after surgery and died two days later. He was survived
by his wife, and four children.
T. v. Unnamed Cement Truck Company
Trucking Negligence: A 60 year old African-American woman was injured in killed while crossing
Pershing Road southbound at Wells Street in her motorized wheelchair when
she was struck by a cement truck whose driver was distracted by a young
female pedestrian crossing from the opposite side of the street. Plaintiff
was able to secure video footage and cellular telephone records to establish
that the driver did not make a complete stop at the Stop sign and received
text messages at the time of the collision.
S. v. City of Chicago
Offer before trial: $ 0
Transportation Negligence: The plaintiff’s decedent died when he was struck by a METRA train
at a railroad crossing at 111th Street. Plaintiff alleged that the traffic control system did not function
properly and authorized and directed the decedent to make a right turn
onto the tracks when unbeknownst to him, a 60+ mph METRA train was approaching.
P. v. MacNeal, et al.
Medical Negligence: A woman underwent bariatric surgery for weight loss. Following the procedure,
her clinician failed to identify signs and symptoms of infection associated
with a failed anastomosis. The Plaintiff almost died as a result of developing
sepsis but recovered with minimal mental deficits following exploratory
surgery and repair of the gastric leak.
D. v. CTA
Motor vehicle Collision: Plaintiff’s decedent was killed when a CTA bus failed to yield
and made a left turn into a bus turnabout in front of the decedent as
he operated his motorcycle northbound, allegedly at a high rate of speed.
C. v. Unnamed Hospital
(2014)Medical Negligence: A 31 year old woman died a day and half following giving birth to her
first child as a result of a pulmonary embolism. Plaintiff alleged that
the decedent was at high risk for developing a pulmonary embolism and
that the defendant physicians failed to provide anticoagulation medication
to address her risk of developing a clot. The decedent was survived by
her new born daughter and a husband who remarried after 3 ½ years.
H. v. Airport Distributors, Inc., et al
Trucking/Automobile Negligence: On April 19, 1994 at approximately 12:05 a.m., the Plaintiff, age 56,
was driving her car northbound on Interstate 94, the Dan Ryan,
going to work at the United State Post Office. The Defendant, Preston
Traylor, was driving an 18-wheel tractor-trailer owned by Defendants,
Bootleggers Transport Truck Leasing, Inc., and operated by Airport Distributors,
Inc., northbound on Interstate 94, the Dan Ryan, to deliver the trailer
to a warehouse in Elk Grove Village. At or near the point where the Dan
Ryan crosses over 26th Street, the Defendant Preston Traylor collided
with the rear of Delores Harris's vehicle. As a result of the collision,
Delores Harris sustained the following injuries: cerebral vascular accident,
right hemiplegia secondary to left sided vascular lesion on the brain
and brain stem ischemia from either traumatic vertebral artery dissection,
acceleration-deceleration due to blunt trauma or both. Plaintiff is confined
to a wheelchair and requires assistance with mobility and all aspects
of daily care and her speech remains impaired and unintelligible.
Lead counsel, Joseph A. Power, Jr.
M. v. County of Cook and Charles Orsay, M.D.
Verdict: $ 3,117,100.00
Offer at trial: $ 250,000.00
Medical Negligence/Wrongful Death: The Plaintiff sought medical treatment on July 28, 1994, at Cook County
Hospital for a mass of tissue in his anus that was causing him pain and
discomfort. At that time, he was diagnosed by a resident as having a sebaceous
cyst, a benign, non-cancerous condition, and he was scheduled for surgery
on August 12, 1994. On August 12, 1994, he underwent a surgical excision
or removal of the “cyst,” which was performed by Dr. Charles
Orsay and a resident physician who was on a two month rotation through
Cook County Hospital for training in colon-rectal surgery. In recording
the procedure performed, the resident mistakenly confused Gerald Morley’s
procedure with that of another patient. When the pathology results from
the microscopic analysis of the tissue came back indicating that Gerald
Morley had cancer, the colon-rectal clinic employees relied upon the resident’s
mistake and attempted to inform the wrong patient that he had cancer.
As a result, Gerald Morley did not learn that he had cancer for approximately
five and one half (5 ½) months. The 5 ½ month delay in treating
Gerald Morley’s cancer allowed, what was described as a curable
cancer to grow and spread to such an extent that it could no longer be
cured. Mr. Morley died March 25, 1996.
V. v. Positive Connections
Offer at trial: $1,000,000.00
Pedestrian/School Bus, Wrongful Death: On 2/12/2007, Plaintiff was struck and killed in a hit and run collision.
She was walking in crosswalk when the school bus struck her in the intersection,
and dragged her body under the bus for approx. 500 feet. She died at the
scene. The actual accident was unwitnessesed, but a post-occurrence, a
pastor heard a scream and aw the body come out from under the rear of
the bus. Surveillance video from an ATM camera two blocks away was captured
by police and used to identify an unnamed yellow school bus and then correlated
through time records with defendants bus company’s route. Lead counsel,
Joseph A. Power, Jr.
J. v. Voest-Alpine, et al.
Jury Verdict: $ 3,000,000.00
Offer Before Trial: $ 150,000.00
Product Liability/Wrongful Death: Plaintiff’s Decedent was a 61-year-old worker for the U.S. Steel
plant operating a continuous caster manufactured by Defendant, Voest-Alpine.
A 235 ton ladle of molten steel erupted showering him with molten steel
causing his death. The continuous caster lacked overhead protection to
prevent molten steel from coming in contact with workers in the event
an eruption occurred. Plaintiff’s Decedent was survived by his 59-year-old
wife, Phoebe Joseph. Lead counsel, Larry R. Rogers, Sr.
H. v. Homewood Flossmoor Medical Associates
Medical Negligence: This case involves the death of a mother and her full term fetus on March
17, 2009 from undiagnosed pre-eclapmsia. Plaintiff’s Decedent was
a 34-year-old single woman, who was never married and was 39 weeks pregnant
with her first child, who she planned to raise alone. Plaintiff alleged
that at her March 10, 2009 prenatal visit, Decedent had abnormal findings
of 2+ protein in her urine, 1+ edema, and a blood pressure of 130/82,
the highest of her pregnancy. Plaintiff maintained that Dr. White was
negligent for failing to order a 24 hour urine study and urine culture,
failing to order pre-eclampsia labs and failing to monitor Ms. Harvey
more closely. Plaintiff alleged that as a direct and proximate result
of Dr. White's negligence, Decedent and her full term fetus died.
Decedent was survived by her mother, who resides out of state, and her
T. v. Ingalls Hospital and Robert Kaiser, M.D.; South Suburban Gastroenterology, S.C.
Settlement: $ 2,700,000.00
Medical Negligence: On January 4, 2008, Mr. Traylor presented to the Emergency Room at Ingalls
Memorial Hospital complaining of abdominal pain. Mr. Traylor
was placed on routine IV fluids and was admitted to the
medical surgical floor with a diagnosis of acute pancreatitis, and possible
small bowl obstruction. Dr. Kaiser was the gastroenterologist
who consulted and assed Mr. Traylor. Dr. Kaiser recommended
that pain medications be increased; CT Scan of the abdomen and pelvis
with oral contrast. Additionally, Laboratory studies
from the Emergency Room reflected an elevated BUN and creatinine levels
before performing the CT scan with rapid IV contrast infusion was completed,
however, Dr.Kaiser ordered the CT scan with contrast despite the abnormal
On January 5, 2008, Mr. Traylor’s lab results came back with “Panic”
low calcium; “Panic” high potassium level, and severely elevated
BUN and creatinine levels. Mr. Traylor was never provided aggressive intravenous
fluid resuscitation, was never closely monitored as his “panic”
level potassium level was not timely reported to a physician or treated.
Mr. Traylor expired while on the commode in his hospital room. Plaintiff
alleged that the admitting internist, Dr. Ibrahim, and the gastroenterologist,
Dr. Kaiser, failed to aggressively resuscitate Mr. Traylor with fluids
and that Dr. Kaiser ordering a CT scan with contrast further compromised
Mr. Traylor’s kidneys. Plaintiff also alleged Ingalls’ staff
failed to timely report the ‘Panic” level potassium level.
D. v. University of Chicago Hospitals
Settlement: $ 2,500,000.00
(2016) Medical malpractice/wrongful death: In June of 2014, Decedent was
treated at the University of Chicago Medical Center's emergency room
and was discharged without being informed that she had a mass in her right
lung. 9 months later, in March of 2015, Decedent was diagnosed with a
large right lung mass and ultimately died on July 28, 2015 at the age
of 80. Decedent is survived by her husband and three adult children.
H. v. County of Cook
Settlement: $ 2,500,000.00
(2001) Sandra Hamilton, was a 58-year old woman who died from breast cancer
when Cook County Hospital and Provident Hospital failed for 71/2 months
to notify her of her disease and failed to timely institute the chemotherapy
and radiation treatment necessary to cure her of her disease. Mrs. Hamilton
is survived by a 30-year old son who is married and has resided in California
for the last ten (10) years.
G. v. Rush St. Lukes, et al.
Medical Negligence: Plaintiffs allege medical negligence by the Defendants in their failure
to diagnose and treat super-imposed pre-eclampsia in Decedent resulting
in her death, one day after discharge from Rush University Hospital and
the premature birth of her son. Despite clear signs of pre-eclampsia,
and evidence that her elevated blood pressure was not adequately responding
to medication, Decedent’s condition was not diagnosed and she was
discharged on September 8, 1997 with instructions to home monitor her
blood pressure and fetal well-being. She collapsed at home, in her bathroom
on September 9, 1997, was rushed to Little Company of Mary Hospital by
ambulance, where her son was delivered, prematurely, after her death.
F. v. City of Chicago
Jury Verdict: $2,118,000.00
Demand before trial: $2,000,000.00
Police Chase/Wrongful Death: Decedent, a 78 year-old female, died after her vehicle was struck by
a SUV being pursued by Chicago police officers following a simple, non-violent
home burglary. On July 3, 2008 the police were flagged down and informed
of a residential burglary that had just taken place at 7702 S. Langley
Street. The officers saw a white SUV exit the alley way and proceed westbound
down 78th Street, a one-way eastbound street. The officers made a U-turn
and activated their lights and siren and chased the white SUV westbound
down the one-way street, then northbound on State Street where the white
SUV ran a red light and struck Decedent's vehicle which was proceeding
eastbound on State Street. Decedent suffered injuries resulting in her
death 2 1/2 hours later.
C. v. Labor World, et al.
Product Liability. The suit arose out of an industrial accident occurring August 4, 1992
at the Chicago Cardboard Product Co. in Schiller Park, Illinois. At the
time of the occurrence the Plaintiff was a 40-year employee at the Chicago
Cardboard facility working on a die cutting machine. When the machine
became clogged with cardboard debris, he stopped it and stood on the die
cutting bed to remove the excess cardboard. At that time, a temporary
labor employee, supplied by Defendant Labor World, Inc., pressed the start
button on the machine, apparently not knowing that Plaintiff was on the
die cutting platform. The Plaintiff’s left foot was pulled into
the die press, causing a crushing injury which later required amputation.
Lead counsel, Todd A. Smith.
L. v. P.M.I. Trucking
Trucking Negligence: A 49 year old single, unmarried woman from the south suburbs was killed
on Route 394 when a semi-tractor trailer struck a construction zone barrier,
crossed the center line, and hit her vehicle head on. Plaintiff alleged
that the truck driver was negligent in his operation of the semi-tractor
trailer and that the construction contractor improperly placed barriers
on the highway contributing to the driver striking the barrier and crossing
the center line and median. The decedent was survived by 4 adult siblings.
C. v. James Hickey and City of Chicago
Police Negligence/Wrongful Death: Decedent was with friends near his residence when police officers from
the Chicago Police Department pulled up and began chasing the men. Decedent
ran from the officers and was pursued by one officer on foot and another
in his squad car. The offices followed Decedent into a vacant lot and
the officer in the squad car struck Decedent, pinning him against the
wall of an adjacent building and killing him. The officers alleged that
Decedent made a sudden change indirection in front of the vehicle and
upon applying his brakes, the vehicle slid due to the mud and water form
a recent rain. The Plaintiffs alleged that the officers were reckless
and acted with a conscious disregard for Curtis’ safety by pursuing
him so closely with a vehicle. Decedent was unemployed at the time of
his death and was survived by a 7 year-old daughter.
C. v. University of Illinois Hospital
Medical Negligence: Failed to properly assess and evaluate the condition of Plaintiff’s
Decedent, including his risk of developing thrombophlebitis, properly
assess the risk of developing thrombo embolism, to provide Decedent with
anticoagulation medications, failed to provide Decedent with TED stockings,
and/or with alternating pressure boots, failed to provide Decedent other
medications or devices to address the risk of developing trombophebilis
and/or pulmonary embolism.
M. v. Advocate Health & Hospitals
MedicalNegligence: Decedent (a 71 year old man) presented to the University
of Illinois Medical Center to have his bladder removed because of a diagnosis
of bladder cancer. His surgery was October 14, 2004. Plaintiff alleged
that the anesthesiologists who placed the catheter failed to remove the
guidewire during the catheter placement procedure. From October 14, 2004
through February 8, 2008, radiology studies were taken and interpreted
by various physicians of the area where the central venous catheter was
placed that revealed the retained guidewire but it went undiagnosed by
physicians. Once it was finally diagnosed on February 8, his clinicians
planned an interventional procedure to remove the retained guidewire.
On February 11, 2008, during a negligently performed attempt to remove
the guide wire, it fractured and punctured the heart causing bleeding
into the pericardial sac surrounding the heart resulting in a cardiac
tamponade that ultimately death. Decedent is survived by a wife and a
son in his mid 50’s.
T. v. Gierczyk Construction
Verdict: $3,500,000.00 Reduced 50% to $1,750,000.00
Offer Before Trial: $500,000.00
Automobile Negligence/Wrongful Death: On December 23, 2005, Decedent was walking across Kedzie Ave at 184th Street when she was struck and killed by Defendant’s southbound
vehicle. Decedent was properly walking in an unmarked crosswalk at an
uncontrolled intersection when she was struck, she had crossed four lanes
of Kedzie before she was hit. Decedent was survived by her husband and
R. v. Chicago Park District
Offer before trial: None
Negligent Supervision: This case involves the drowning of 13-year old Ralph Robinson in the
afternoon of June 16, 1993 at Carver Park Pool. At the time of the occurrence,
there were two lifeguards at the pool complex. However, one lifeguard
was on the telephone with his back to the pool and the other lifeguard
was located at the shallow end of the pool, engaged in conversation. Neither
lifeguard was in a position to see the pool and neither lifeguard was
actively managing, overseeing or directing the pool. The jury found that
there was an absence of supervision in rendering its verdict in favor
of the Plaintiff and against the Defendant. Lead counsel, Devon Bruce.
C. v. Medley Moving & Storage Inc., et al.
Verdict: $1,725,000.00 Reduced 15% to $1,707,750.00
Offer before trial: $ 900,000.00
Trucking/Wrongful Death: Decedent was crossing the street at the intersection of 95th and Michigan when he was struck by defendant’s left turning vehicle.
Decedent (an 83-year old man) suffered a fractured skull, collapsed lung,
and open leg fracture resulting in his death 3.5 hours later. He was survived
by four adult children.
M. v. City of Chicago
Police Shooting: On March 10, 2009, Decedent was at his home when 2 plain clothes officers
arrived to arrest him pursuant to an investigative alert for a domestic
incident. Decedent fled into his bedroom and attempted to exit a 2nd floor bedroom window when he was grabbed by the officers. The officers
alleged that Decedent pulled a gun on them while he was attempting to
jump out of the 2nd floor window, while the officers held him by his feet. The defense further
alleged that the police officers shot Decedent twice when he refused to
drop the weapon and were justified in the use of deadly force in doing
so. Plaintiff established that Decedent was not shot at the window as
the defense contended in a struggle with the police officers, but was
shot in the gangway below where he did not pose a threat to the police
officers or others. Mr. Rogers introduced forensic evidence found at the
scene, and testimony from a forensic pathologist regarding the downward
and forward trajectory of the bullet wounds to the back of the head and
the leg, to establish that Matthias was shot from a distance, and not
at close range as the officers suggested. Mr. Rogers also alleged that
the lack of fingerprints or other evidence tying the weapon found at the
scene to Decedent fit the profile for that weapon being a “drop
gun” that was dropped at the scene to explain the unjustified shooting.
The forensic evidence in this case established that Decedent was shot
from above, from his 2nd story bedroom window after he had made it down to the gangway. The jury
awarded $1.5 million dollars for the loss that Decedent’s three
minor children suffered due to his death.
M. v. Northwestern Memorial Hospital
Medical Negligence: On or about March 7, 2000, deviated from the standard of care failed
to recognize the significance of the signs, symptoms and laboratory values
with which Plaintiff presented on March 7, 2000 regarding acute ketoacidosis,
their failure to properly treat acute ketoacidosis, initiate prompt interventions
for Plaintiff’s ketoacidosis, including, but not limited to, admission
to the hospital and IV fluid management, failed to properly work up a
newly diagnosed diabetic, monitor the blood sugar and electrolyte levels.
H. v. American Airlines
Common Carrier Liability: Plaintiff, a 34-year old man with cognitive disabilities and a casted
foot developed osteomyelitis in the first metatarsal of his right foot
when American Airlines allowed him to deplane unattended and unassisted
at O’Hare Airport and he became lost in the airport. As a result
of walking around O’Hare Airport for 2-3 hours, Plaintiff’s
foot became swollen in its cast, he developed osteomyelitis in his great
toe and the first metatarsal had to be removed. Plaintiffs alleged that
the airline was negligent in allowing Billy to deplane unassisted and
unattended when its own itinerary indicated he needed assistance “all
the way through” his flight.
M. v. LaSalle Partners, et al.
Premises Liability: This case involved the death of a 26-year-old building engineer who took
a freight elevator to the 9th floor to retrieve a broken passenger elevator.
Upon retrieving and parking the passenger elevator at the lobby level,
Plaintiff returned the freight elevator doors at that level and, forgetting
the freight car was on the 9th floor, manually opened the freight elevator
doors and stepped into the freight elevator shaft backwards, falling to
his death. Plaintiff alleged that the building owner failed to equip the
elevator shaft doors with door locking devices to prevent the doors from
being opened if the car is not present. Lead counsel, Todd A. Smith.
B. v. City of Rockford
(2104) Police Shooting. Plaintiff alleges excessive use of force and wrongful
death claims brought against the City of Rockford and Rockford Police
Department Officers Stanton North and Oda Poole which occurred on August
24, 2009 when the officers shot and killed the unarmed Decedent.
M. v. Aunt Martha’s Youth Services
On Thursday, September 3, 1998, an eight week old minor and his siblings
were removed from their maternal grandmother’s home by Aunt Martha's
Youth Services, Inc. M. and his sister were placed in the foster home
of Neil Riley and Tyra Riley. Their remaining siblings were placed in
another foster home. Four days later, on September 7, 1998, M. was found
with injuries to his head and torso and taken to the hospital. On September
8, 1998, he died of his injuries. The plaintiff claimed that M. was injured
and died as a result of the wrongful conduct of Aunt Martha’s Youth
Services, Inc. and Neil Riley and Tyra Riley.