Published on:

Power Rogers & Smith, P.C. Settles Minor’s Medical Malpractice Lawsuit For 35 Million Dollars

Thumbnail image for joe-power.jpg Thumbnail image for devon-bruce.jpg

Joseph A. Power, Jr. and Devon C. Bruce of Power Rogers & Smith P.C. have settled a medical malpractice lawsuit for 35 million dollars for claims made for personal injuries to a minor. On April 14, 2006, the minor plaintiff was three months old when he was admitted into the hospital due to respiratory difficulties. On April 15, 2006, the minor plaintiff became distressed and a code was called. Defendant anesthesiologist was one of the physicians who responded to the code. During the code, the anesthesiologist negligently intubated the minor plaintiff by performing the intubation without sedating the plaintiff; making multiple attempts at intubation and using an endotracheal tube that was too large. The result of the negligent intubation was that the child suffered subglottic stenosis. As a result of that injury, the plaintiff had to have a tracheostomy tube implanted to assist with his breathing.

Plaintiff settled this matter with that hospital for $2,000,000 and with the anesthesiologist who performed the intubation for $1,500,000.

The minor plaintiff was subsequently admitted to a second hospital in September of 2006 to receive treatment for additional respiratory difficulties. During this admission, the minor plaintiff was required to be continuously monitored with a pulse oximeter. His tracheostomy tube should have been suctioned by the nursing staff on an hourly basis. However, on September 21, 2006, the nursing staff at the Medical Center did not suction the plaintiff’s tracheostomy tube as frequently as required. As a result of the failure to suction, the plaintiff developed a mucous plug which obstructed his tracheostomy tube. This caused his oxygen saturation to decrease and the pulse oximeter alarm to sound. Unfortunately, the nursing staff then failed to respond to the multiple visual and audible alarms that his oxygen saturation had dropped below the normal range. As a result of the lack of oxygen, the plaintiff suffered a respiratory and then cardiac arrest. He did not receive proper oxygenation for approximately 12-15 minutes.

The loss of oxygen left the minor plaintiff seriously brain damaged. He is now suffering from spastic quadriplegia. He will require 24 hour care and extensive medical treatment for the rest of his life.

Plaintiff settled this matter with the Second Hospital for $31,500,000.


When a loved one is injured or dies as a result of someone else’s recklessness or negligent, the injured person and his/her loved ones have a right to seek compensation for the tragedy through the Illinois court system. A number of different incidents can lead to a bodily injury or wrongful death case being filed. Some of the more common causes include: medical malpractice, product liability, automobile accidents, airplane accidents, train accidents, construction accidents, drug products, premises liability, birth injury, trucking accidents, bicycling accidents, work-related injuries, boating accidents, or criminal attacks. If you have experienced any of the above and have legal questions related to your experience, do not neglect your legal rights. Our Chicago wrongful death lawyers can help. Power Rogers & Smith, P.C., brings more than a quarter century of experience, determination, and proven results to every bodily injury and wrongful death case our attorneys handle.