Malpractice Lawsuits in Chicago

When you hire the highly qualified team of lawyers at Power Rogers & Smith, you are in good hands. Experienced in both malpractice litigation in Chicago and out-of-court negotiations, our firm has helped the injured move on with their lives.

If you suffer an injury at the hands of a nurse, doctor, or other medical professional, contact us today. We may be able to help you receive a favorable settlement. Compensation for a medical malpractice injury can be substantial and can cover the following damages:

• Medical expenses
• Pain and suffering
• Loss of income
• Funeral expenses

Amidst the pain and confusion caused by your injury, knowing where to turn can be difficult. The lawyers at Power Rogers & Smith will work tirelessly on your medical malpractice case in Chicago to help you receive the reimbursement you deserve.

As zealous advocates of justice, the Chicago malpractice attorneys at Power Rogers & Smith utilize every resource to uphold and defend the rights of victims of medical malpractice. We strive to help our clients receive just compensation by working closely with each and every victim of negligence that walks through our doors. Below are a few of the Chicago malpractice settlements handled by our skilled attorneys:

 E.R. v. VHS Acquisition Subsidiary Number 3, Inc. d/b/a Louis A. Weiss Memorial Hospital, No. 05 L 1137

Joseph A. Power, Jr., Lead Counsel

Brian LaCien, Co-counsel

Practice Area: Medical Malpractice

On April 8, 2003, E.R. underwent a radical open anterior and posterior synovectomy for a rare knee disease. She underwent the surgery at VHS Subsidiary Number 3, Inc. d/b/a Louis A. Weiss Memorial Hospital. The surgery was performed by the attending physician, who was not an employee of VHS Subsidiary Number 3, Inc. d/b/a Louis A. Weiss Memorial Hospital. The Plaintiff and her expert did not contend that the attending was liable for compartment syndrome, which was a risk of the procedure. Upon examination immediately following surgery, E.R. had no complications and a normal neurovascular status. Into the night of April 8, 2003 and morning of April 9, 2003, E.R. repeatedly complained of pain below her knee and in her foot and had an abnormal neurovascular status. In response to her complaints, she was given repeated doses of pain medication and her dosage of medication was increased. Moreover, two resident physicians were contacted by the nursing staff but did not come into the hospital to examine E.R. The attending physician was never contacted about E.R.'s complaints or abnormal neurovascular status. Upon examination by the attending physician, at around 6:30 a.m., E.R. was diagnosed to have compartment syndrome. Shortly thereafter, the attending physician performed a fasciotomy surgery to treat the compartment syndrome by relieving the pressure caused by the compartment syndrome. In the weeks following the initial fasciotomy surgery, E.R. required several debridements due to necrotic muscle and tissue below her knee. As a result of the debridements and prolonged compartment syndrome, E.R. lost approximately 90 percent of the muscle in her lower extremity, has foot drop and severe nerve dysfunction. The Plaintiff claimed that the nurses and resident physicians failed to adequately recognize the significance of E.R.'s condition and communicate her condition to the attending physician. Plaintiff further claimed that this lack of recognition and communication prevented a timely diagnose and treatment of the compartment syndrome which resulted in E.R.'s extensive muscle and tissue death in her lower extremity.

Weiss contended that their agents complied with the standard of care. Weiss disputed that the Plaintiff made the complaints that she claims to have made on the night of the occurrence. Weiss claimed that compartment syndrome was discovered in a timely manner. Weiss further claimed that the attending physician's fasciotomy to treat the compartment syndrome was the sole proximate cause of the Plaintiff's injury. Specifically, it claimed that the attending physician's fasciotomy, while within the standard of care, was too conservative and it permitted the Plaintiff's compartment syndrome to re-occur or persist in the days following the occurrence.

The Plaintiff sustained a loss of 90 percent of the muscle in her left lower leg. She has foot drop and severe nerve dysfunction.

A.M. v. Advocate Health Hospitals Corporation. No. 96 L 105681

Joseph A. Power, Jr., Lead Counsel
Larry R. Rogers, Sr., Co-counsel
Practice Area: Medical Malpractice, Brain Injury
Offer Before Trial: $13,500,000.00*
Offer During Trial: $10,500,000.00*
A 54-year-old woman suffered bleeding during a bronchoscopy exam. A delay in intubation left her with insufficient oxygen, causing cardiac arrest and irreversible brain damage. She was left a quadriplegic with loss of speech and severe contractions. This is a record-setting medical malpractice verdict.

Settlement:  $39.9 Million

Estate of J.L. and M.C., et. al. v. Active Transportation Company, L.L.C., (Federal District Court Northern District of Illinois)  No. 00 CV 8488

(2002)  J.L., 43 was driving with his wife and children as passengers when he slowed down due to construction on the highway in Lafayette, Indiana.  A truck struck him from behind, causing J.L.'s car to burst into flames.  J.L. sustained fatal injuries.   He is survived by his wife and two minor children.   His wife sustained facial fractures. A concussion, bone bruising, lacerations, and sprains.  His daughter suffered second and third degree burns, requiring amputation of her left leg and the toes of her right foot.  She also fractured multiple bones in her  pelvic and fingers.  J.L.’s son suffered second and third degree burns to his legs. Lieberman’s wife, individually and on behalf of his estate, sued the trucking company, alleging the defendant failed to reduce speed to avoid an accident and failed to keep a proper lookout.   Defendant countered that the plaintiff suddenly changed lanes in front of the Defendant truck driver, and he did not have enough room to bring his vehicle to a stop.

Settlement:  $12.2 Million

Northern Trust Co., Co-Guardian of the Estate of J.C. and D.C., Individually and as Co-Guardian of the Estate of J.C., a Disabled Person v. Victory Memorial Hospital, et. al., No. 98 L 000081 (Lake County)

(2002) The case of J.C. and D.C. settled for a Lake County record of $12,250,000.00 prior to closing argument before Judge Terrence Brady on Friday evening after the jury instruction conference.  On March 29, 1996, J.C. paged her obstetrician complaining of a splitting headache at 4:00 p.m.  He told her to go the emergency room.  She and her husband arrived at 4:45 p.m. and saw the emergency room physician at 5:15 p.m.  He diagnosed preeclampsia and spoke to the obstetrician between 5:25 and 5:50 p.m.  The emergency room physician testified she needed an anti-hypertensive for preeclampsia with hypertension but the obstetrician told him to send her to Labor & Delivery and he would call in his orders.  The obstetrician ordered over the phone magnesium sulfate at 5:50 p.m. which is a prophylactic for seizures and reduces blood pressure transiently but did not order hydralzine, an anti-hypertensive.   According to one of the plaintiffs’ expert, J.C. hemorrhaged into her brain between 6:00 to 6:20 p.m. when she started to become less coherent.  In addition to suffering from preeclampsia with hypertension J.C. had HELLP syndrome which made her blood difficult to clot.  According to another expert it was negligent not to give J.C. an anti-hypertensive in the E.R.   The defendants contended that she bled into her brain when she suffered the severe headache between 1:00 a.m. and 3:00 p.m. and any treatment would not have made any difference because of the HELLP syndrome.  They claimed she became less coherent because of the medicine she was started on, not a bleed.  They also contended that the standard of care prohibits giving anti-hypertensives with the blood pressures the plaintiff had because of the risk to the fetus.  They further contended the obstetrician, who was uninsured, ordered the transfer to Labor & Delivery which was appropriate, because that is where the fetal monitor and appropriate hospital personnel were present to monitor the fetus.  The baby, S.C., was born healthy, without any medical problems.

Settlement:  $21.2 Million

L.R., Individually and as Special Administrator of the Esatate of S.M.F, Deceased, and L.R., a Minor, No. 99 L 006539

(2002)  This case settled for $21,175,000 in a medical malpractice case involving the death of S.M.F and L.R., a Minor’s injures.  S.M.F. was admitted to Trinity Hospital on February 8, 1998 at approximately 5:30 a.m. at term.  She was given an epidural anesthetic at approximately 6:49 a.m. when her blood pressure dropped into the 70s and then into the 50s.  Fetal bardycardia was shortly thereafter detected on the fetal monitor and S.M.F. was place in Trendelenberg position.  Dr. Jiha, the attending anesthesiologist, was paged at approximately 7:30 a.m. for low blood pressure.  The nurse anesthetist continued to administer fluids including Ephedrine in order to correct the hypotension.  A house doctor and obstetrician, Dr. Moreland, was called because of the fetal bardycardia on the monitor but she determined that a cesarean section was not necessary.  Thereafter S.M.F. complained of being dizzy, vomited several times, became confused and cyanotic.  At 7:45 a.m. S.M.F.’s blood pressure again dropped into the 70s and more fluids, including the Ephedrine, were given.  According to plaintiff’s experts S.M.F.’s blood pressures were abnormal for almost two hours, According to plaintiff’s experts intubation was required much earlier and her oxygen status should have been monitored more closely.  Additionally, earlier intubation was required and her oxygen status should have been monitored more closely along with a cesarean section operation at least an hour earlier.  S.M.F. died after being in a coma for twelve weeks and her son was left permanently brain damaged and unable to care for himself. Her son L.R., a Minor, was stabilized and transferred to the University of Chicago Hospital.  He was left permanently brain damaged and unable to care for himself.

Verdict:  $18.5 Million

T. v. LaGrange Memorial Hospital, No. 85 L 003581

(1991) Medical malpractice; 36-year-old man became paralyzed on his left side as a result of a stroke.  His family physician and emergency room doctor were found to be negligent in failing to diagnose subacute bacterial endocarditis.  This is the largest medical negligence verdict in Illinois history and the largest in the U.S. in 1991 according to the National Law Journal.  This verdict was reduced $2,238,141.00 for economic damages awarded above the present cash value of lost earnings and future attendant care needs found in the evidence or requested by plaintiff at trial.  At the time this case was the largest verdict ever affirmed on appeal in Illinois.

 

Settlement:  $18 Million

Northern Trust Company, as Guardian of the Estate of I.R., a minor and J.G., Individually and as Mother and Next Friend of I.R., a minor, No. 99 L 013178

(2003)  This case involved J.G. who presented to Triniy Hospital shortly after midnight on January 1, 1995 with an elevated systolic blood pressure, edema and protein in her urine.  The nurses as well as the physician, Dr. Everett A. White, failed to diagnose preeclampsia according to plaitniff's experts.  J.G. at the time was 37 weeks pregant and in labor.  She labored from approximately midnight on January 1st until 12:45 p.m. when she had an eclamptic seizure.  Her child, I.R., was delivered at 1:19 p.m. with very low APGARS and a cord blood gas indicating she suffered from hypoxia and ischemia.  She remained depressed for approximately thirty-six more minutes due to the failure to adequately resuscitate her.  As a result, I.R. sustained brain damage and is currently institutionalized.  The defendants deined that they were negligent, denied that J.G. was preeclamptic and instead have suggested she suffered a seizure as a result of an enterovirus which they claimed was found in the placenta.  The defense alleged this enterovirus attacks newborns and, in fact, was responsible for aspetic meningitis evidenced by elevated white blood cell count in the cerebral spinal fluid of I.R. as well as abnormalities in the placenta.  it was the defendants' position that this enterovirus was the sole proximate cause of I.R.'s problem and was untreatable.  An agreement was reached and the case settleed prior to the selection of the jury before the Honorable Donald M. Devlin in the Circuit Court of Cook County.

D. and S.K. v. Rush-Presbyterian St. Luke's Medical Center and Associates in Neurological Surgery. No. 98 L 13165

Todd A. Smith, Lead Counsel
Joseph W. Balesteri, Co-counsel
Practice Area: Medical Malpractice
On March 27, 1997, A., eight months old, had a malfunction of his ventricular shunt that had been in place since one month of age for congenital hydrocephalus. He had undergone shunt revision in January. In spite of the family's request for an attending neurosurgical physician, a resident performed the revision. Upon surgical intervention in March, a portion of the shunt was found to have broken away and lodged in the frontal lobe. Plaintiff attributed the shunt failure to an improper surgical technique resulting in a cut and separation of the shunt. The child suffered severe brain damage as a result.

T.H., Individually, and as Administrator of the Estate of E.H., a Disabled Person v. Rush University, Dr. Demetrius Lopes, and Chicago Institute of Neurosurgery and Neuroresearch, 03 L 9289, Probate No. 02 P 6253

Joseph A. Power, Jr., Lead Counsel
Larry R. Rogers, Jr., Co-counsel

On February 13, 2002, E.H. presented to Dr. Lopes at Rush University for a second opinion on treatment of an unruptured, small (3x5 cm), left internal carotid artery aneurysm that was incidentally found in a January MRA for an unrelated condition. Dr. Lopes recommended that E.H. undergo a neuro-interventional coiling procedure whereby a micro-catheter would be inserted into the femoral artery and advanced through her body and into her skull for purposes of delivering small platinum-coated coils into the aneurysm. E.H. agreed and on February 20, 2002, Dr. Lopes performed the procedure at Rush University. Within an hour of the procedure, E.H. was documented as experiencing nausea, vomiting and headache. She subsequently arrested and after being resuscitated was taken for an emergent CT scan where an intracerebral hemorrhage was diagnosed. Despite emergency surgery, E.H. was left profoundly brain damaged.

Plaintiff alleged that Dr. Lopes negligently performed a procedure beyond that consented by E.H. Plaintiff alleged that Dr. Lopes went beyond the coiling procedure E.H. consented to when he performed a non-FDA approved coiling and stenting procedure. The stent and coil procedure Dr. Lopes performed involved Dr. Lopes advancing a stiff and rigid steel coronary stent along a stiffer and more rigid guidewire, designed for larger heart vessels, into the left internal carotid artery of E.H.’s brain. Plaintiff alleged that this was a non-FDA approved use of the stent device that was not indicated given that E.H.’s aneurysm was small (3x5 cm), asymptomatic and unruptured. Dr. Lopes’ use of the stiffer and more rigid guidewire and coronary stent required the application of torque and force to manipulate the devices through the curves of the intracerebral vessels causing the tip of the guidewire to perforate a distal branch of E.H.’s middle cerebral artery resulting in an intracerebral hemorrhage. Plaintiff alleged that there were signs of an intracerebral bleed during the procedure and immediate post-procedure period that Dr. Lopes and the nursing staff failed to recognize. Plaintiff alleged that Dr. Demetrius Lopes and Rush University spoiled evidence of the bleed when 12 of 19 angiography runs from the procedure were not produced and had not been saved on the system’s hard drive.

Settlement:  $13 Million

P v. Northwestern Memorial Hospital, et. al., No. 00 L 008622

(2006) The defendants allegedly hyperstimulated a pregnant woman's uterus with labor-inducing medication and failed to recognize signs and symptoms of fetal distress, causing the woman's newborn girl to suffer brain damage due to an inadequate flow of oxygen and blood to the brain, resulting in cerebral palsy.

Settlement:  $12.8 Million

E.R. v. VHS Acquisition Subsidiary Number 3, Inc., d.b.a Louis A. Weiss Memorial Hospital, No. 05 L 0011137

On April 8, 2003, E.R. underwent a radical open anterior and posterior slovenectomy for a rare knee disease. She underwent the surgery at VHS Subsidiary Number 3, Inc. d/b/a Louis A. Weiss Memorial Hospital.  The surgery was performed by the attending physician, who was not an employee of VHS Subsidiary Number 3, Inc. d/b/a Louis A. Weiss Memorial Hospital.  The Plaintiff, and her expert did not contend that the attending was liable for compartment syndrome, which was a risk of the procedure.  Upon examination immediately following surgery, E.R. had no complications and a normal neurovascular status. Into the night of April 8, 2003 and morning of April 9, 2003, E.R. repeatedly complained of pain below her knee and in her foot and had an abnormal neurovascular status.  In response to her complaints, she was given repeated doses of pain medication and her dosage of medication was increased. Moreover, two resident physicians were contacted by the nursing staff but did not come into the hospital to examine E.R. Attending Physician was never contacted about E.R.'s complaints or abnormal neurovascular status. Upon examination by the attending physician, at around 6:30 AM, E.R. was diagnosed to have compartment syndrome.  Shortly thereafter, the attending physician performed a fasciotomy surgery to treat the compartment syndrome by relieving the pressure caused by the compartment syndrome. In the weeks following the initial fasciotomy surgery, E.R. required several debridements due to necrotic muscle and tissue below her knee.   As a result of the debridements and prolonged compartment syndrome, E.R. lost approximately 90% of the muscle in her lower extremity, has foot drop and severe nerve dysfunction.  The Plaintiff claimed that the nurses and resident physicians failed to adequately recognize the significance of E.R.’s condition and communicate her condition to the attending physician.  Plaintiff further claimed that this lack of recognition and communication prevented a timely diagnose and treatment of the compartment syndrome which resulted in E.R.’s extensive muscle and tissue death in her lower extremity.
 

Settlement:  12.5 Million

P.S. and C.H., as Co-Independent Administrators of the Estate of C.S. a/k/a C.S.H. v. Ravenswood Hospital Medical Center, et. al., No. 98 L 01487

(2003)  As a result of a shooting, C.S., a minor, sustained a puncture to his aorta, mesenteric vein as well as to his colon.  He walked as far as he could on to Ravenswood Hospital Medical Center property.  Christopher was within fifty (50) feet of the Ravenswood Hospital door when security of Ravenswood Hposital was notified of his need of assistance.  Nurse employed by Ravenswood Hospital opted to leave Christopher untreated as their policy was not to go outside the hospital building to assist the injured.  C.S. was left to bleed from these injuries for approximately 25 minutes and after he had been transported to the Emergency Room by the police officers he had a barely palpable pulse.  Within two minutes of arriving in the Emergecny Room he arrested.  This is the record settlement in Illinois for the wrongful death of a minor involving hospital negligence.

Settlement:  $12 Million

E.T. and J.T. v. Catherine Kallal, M.D., Illinois Masonic Medical Center, Cardiac Diagnosis, Ltd. and Y. Christopher Chiu, M.D., No. 99 L 000746

(2003)  In February 1997, E.T., following the birth of her daughter, was diagnosed with post-partum cardiomyopathy, a condition which could result in blood clot formation in the heart leading to embolic stroke(s).  Mrs. O'Toole was provided Coumadin, a blood thinner, as her ejection fraction was less than 35%.  The Defendants were responsible for blood work monitoring (INR assessment) and management of Coumadin.  On August 20, 1997, Mrs. O'Toole suffered a stroke from a hemorrhagic bleed.  Plaintiffs alleged that Mrs. O'Toole was over anticoagulated (her INR was 3.8 after the bleed) and argued that the standard of care requried lesser levels of anticoagulation (INR 2 to 3) than the range established by the defendnats (INR 2.5 to 3.5).  E.T's hemorrhagic stroke caused left-sided hemiparesis.  The defense contended, because of an earlier presumed embolic attack in May, the defendant physicians were permitted by the standard of care to have a higher INR than the standard 2 to 3, to prevent another emboli, Additionally , they contended in Europe the INR is typically as high as 5. 

M.D., Individually and as Plenary Guardian of the Estate of L.D., a Disabled Person v. Rashidi Gani Loya, M.D., Individually and as an Agent and/or Employee of Edward Hospital, and an Agent and/or Employee of DuPage Valley Anesthesiologists, Ltd., Edward Hospital, Individually, and DuPage Valley Anesthesiologists, Ltd. Individually, DuPage County No. 04 L 0013358

Joseph A. Power, Jr. - Lead Counsel

L.D. is a 44-year-old female who went into the hospital to be treated for left ankle pain. At approximately 11:45 a.m., during an elective biopsy procedure, the patient was turned from the supine position to the prone position. She became hypoxic and her heart beat slowed to a bradycardic level with no pulse. The anesthesiologist, Dr. Rashidi Gani Loya, noticed the patient was turning blue. This is a late sign of hypoxia. She had the patient flipped back to the supine position and started ambu bagging her. The orthopedic doctor started chest compressions on the patient. He then started to perform manual ventilation with the ambu bag as well as chest compressions. Unfortunately, the patient had gone so long without oxygen she had sustained anoxic encephalopathy and permanent brain damage.

The Plaintiff intended on proving that from the time L.D. was flipped to the supine position until the manual ventilation by ambu bag along with the chest compressions, L.D. was without oxygen, in whole or in part for approximately eight minutes which led to her brain damage. During discovery Plaintiff learned that the ventilator alarms on the anesthesia equipment did not sound, possibly due to a problem with the automatic ventilator switch which did not automatically restart the ventilator and alarms upon activation.

Verdict:  $11.9 Million

D. v. UHS of Bethesda, Inc., et. al., No. 90 L 000411

(1995) A 29-year-old employee of UHS of Bethesda, Inc. a/k/a Mount Sinai Hospital-North, was diagnosed as having migraine headaches and returned to work by a physician who examined him at the hospital on two separate occasions.  A week after the last visit he had suffered a thrombosis which resulted in a stroke and left sided hemiplegia from polycythemia rubra vera which went undiagnosed.  The jury found the defendants negligent for not performing a CBC on either visit which would have led to the diagnosis and that the physician was an agent of the hospital.  This is the highest personal injury verdict in Illinois for 1995.

Settlement:  $11.5 Million

C.M. as Mother and Next Friend of D.M., a Minor v. Boettner, C.N.M., Ind., and as Agent and/or Employee of Northwest Community Hospital, OB-GYN Associates, S.C., and Northwest Community Hospital, No. 05 L 2876

Joseph A. Power, Jr., Lead Counsel

This case involved a water birth in which, just prior to delivery, shoulder dystocia occurred.  Shoulder dystocia is where, due to the large size of D.M.'s shoulders, his mother, C.M., was unable to deliver the baby vaginally without various maneuvers.  This occurred when C.M. was still in the tub.  Because they were unable to empty the tub as quickly as needed they attempted to deliver the baby in the tub.  As a result, she was unable to perform the appropriate maneuvers that were recommended for shoulder dystocia.  Due to the delay in delivery Plaintiff contended that D.M. became brain damaged and has suffered severe and significant injuries.

Northern Trust Company and I.D., as Co-Guardians of the Estate of A.D., a Minor, and I.D. v. Advocate Lutheran General Children's Hospital, No. 01 L 11847

Todd A. Smith, Lead Counsel

Joseph W. Balesteri, Co-counsel

Practice Area:  Medical Malpractice

Two-day-old infant with Down syndrome underwent surgery for bowel obstruction.  A central venous catheter was incorrectly placed and allowed administered fluid to penetrate the heart wall resulting in cardiac arrest and permanent and severe brain injury. 

Verdict:  $9.8 Million

C. v. Rosenblum, et. al., 85 L 011905

(1991) Medical malpractice; 39-year-old lady died as a result of the failure of a physician to perform a spinal tap which would have resulted in the diagnosis and treatment of a subarachnoid hemorrhage and aneurysm.  At the time, this was the largest wrongful death verdict in Illinois history.  The decedent left a husband and two children.

Settlement:  $9.75 Million

W.G. v. Evanston Northwestern Healthcare, No. 00 L 013478

(2004)  W.G., a former professor at Loyola University of Chicago, on April 20, 1999, went into Evanston Hospital for a decompressive laminectomy for severe cervical stenosis.  Prior to the surgery he ambulated with a cane.  On April 20th there was an attempted C6 vertebrectomy for decompression of the spinal cord at the C5-6 level and the C6-7 level.  Plaintiff's expert contended osteophytes left behind created internal stress to the spinal cord which affected the blood flow to the cord and its function.  The large osteophytes left behind at C5 on the right side tethered the cord at the exit point at well as the C6-C7 level leaving persistent compression and quadriparesis.  The defense experts claimed it was within the standard of care to leave the osteophytes because removing them often leads to paralysis with someone with a severe stenosis as the plaintiff had.

Settlement:  $8 Million

Z. v. Northwestern Memorial Hospital, No. 96 L 003539

(1999)   This involved a 69 year old former attorney who went into Northwestern Memorial Hospital on June 1, 1995 for triple by-pass surgery.  On June 4, 1995, his chest tube was removed which resulted in a pneumothorax.  This pneumothorax resulted in him becoming short of breath and eventually led to a cardiac arrest and brain damage.  The defense claimed his injuries were from a heart attack from his underlying cardiac disease.  R.Z. was the founding partner in Zukowski, Rogers, Flood & McArdle in Crystal Lake and Chicago.

Settlement:  $7.5 Million

D. v. Condell Medical Center, et. al., 97 L 000196

(2000) This case settled on the eve of trial in Lake County, Illinois for $7,500,000 for the negligent failure to diagnose and treat bacterial meningitis.  This is the largest settlement in the history of Lake County, Illinois, and the largest sum of money ever paid in the history of Illinois involving bacterial meningitis.

Settlement:  $7.3 Million

D. v. Loyola University of Chicago, etc., No. 97 L 16428

(2001)  On August 29, 1996, Mr. and Mrs. D. were visiting their daughter in Lyle, Illinois when Mr. D. began complaining to severe back pain.  An ambulance was called and he was transported to Edwards Hospital in Naperville, Illinois.  After an initial diagnosis of descending aortic aneurysm with dissection, Mr. D. was transferred to Loyola University Medical Center on August 30th.  During this hospitalization, Mr. D. was further evaluated and scheduled for cardiac surgery.  On September 3rd, while hospitalized and awaiting surgery, Mr. D. experienced cardiac arrest and an anoxic episode that rendered him comatose.   As a result of not being properly monitored while on Propofol.  He is now 68 years old, lives with his wife, but suffers from permanent brain damage.
 

S.K., Individually and as Executor of Estate of M.K., Deceased v. Northwestern Medical Faculty Foundation, No. 05 L 5817

Joseph A. Power, Jr. - Lead Counsel

On April 27, 2004, M.K., a 57-year-old medical malpractice defense lawyer with the law firm of Hinshaw & Culbertson underwent a stress test at an office location near his home. The stress test was ordered by his internist at Northwestern Medical Faculty Foundation. The stress test results were faxed and mailed to the Faculty Foundation. However, the test results were not reviewed due to an administrative error and M.K. was never advised that the results were abnormal and required cardiac catheterization. He experienced sudden cardiac death on August 9, 2004. 

The Plaintiff alleged that G.J. presented to Michael Reese Hospital for surgery to his knee with Dr. Carlton West, an orthopaedic surgeon. Dr. West failed to review the decedent's prior medical history of deep vein thrombosis and pulmonary embolism. Dr. West's physician assistant, Anthony Williams, P.A., also treated the decedent and failed to review the prior medical history. Both Dr. West and Physician Asst. Williams failed to order anticoagulant therapy in a timely manner. G.J. ultimately died on July 12, 2000 due to a pulmonary embolism. V.J., as Administrator of the Estate of G.J., deceased, is represented by Larry R. Rogers, Jr. and Brian LaCien of Power Rogers & Smith, P.C.; Mary Nielsen of Hall Prangle & Schoonveld represented Michael Reese Medical Center and Anthony Williams; Brian Rocca and John Beribak of Pretzel & Stouffer, Chtd. represented Carlton West, M.D.

For more information, please call Larry R. Rogers, Jr. or Brian LaCien. 

Verdict:  $7 Million

G. v. Skokie Valley Community Hospital, No. 81 L 025078

(1990) Medical malpractice; after sustaining numerous injuries in a motorcycle accident, including a C-2 "hangman's" fracture and  bruising of his spinal cord, student ended up paralyzed as a result of the failure to adequately replace his blood lost in the accident and appropriately intubate him.  Affirmed on Appeal 91-1742,  269 Ill.App.3d 37, 645 N.E.2d 319 (1994) 

 

Settlement:  $6.5 Million

P.M. Individually, and as Independent Executor of the Estate of M.M., Deceased v. Northwestern Medical Foundation, et. al, No 04 L 000944

(2005)  On or about 4/20/02 a chest x-ray of the left lung was read by Dr. Wiggins as normal.  Dr. Kirby saw something suspicious in the upper left quadrant of the lung and called another radiologist who also read the film as normal.  No physician followed up nor advised M.M., a law professor, of possible abnormalities despite thirteen (13) subsequent visits to Dr. Kirby.  On or about April 29, 2003, lung cancer was finally diagnosed from a follow-up x-ray.  The lesion grew from one (1) centimeter to 6 x 9 centimeters and metastasized to other parts of her body.  She died on April 11, 2004.  M died from the undiagnosed lung cancer with a delay in treatment of over one year.  the lung cancer went from non-metastatic and curable to metastatic and non-curable due to the delay.

Settlement:  $6.025 Million

A.A., Individually and as Independent Administrator of the Estate of G.A., a minor, Deceased v. Advocate Health and Hospitals corporation, etc., et., al., No. 01 L 009320

(2004)  A settlement between Advocate Hope Children's Hospital and the family of G.A. was reached on December 3, 2004 before the Honorable Thomas Hogan in the Circuit Court of Cook COunty.  Trial of the lawsuit involving G. A. was set to commence on December 6, 2004 before Judge Thomas Hogan when the parties reached this agreement.  The lawsuit involved the death of G.A. at age 9 following a fall at school in gym class where he struck the back of his head on a tile floor.  G.A. was transported from school to Olympia Fields Hospital and transferred within a few hours to Advocate Hope Children's Hopsital to receive pediatric intensive care unit monitoring and management.  While at Advocate from 2:45 p.m. on December 16, 1999 until his death at 9:26 a.m. on December 18, 1999, G.A. did not receive a CT scan until 10:15 p.m. on December 17th.  The CT scan performed at 10: 15 p.m. was ordered to be done in the a.m. on the 17th.  Plaintiffs alleged that there was a failure to obtain a CT scan as ordered.  After obtaining the image in the late evening of December 17th, no radiologist or other physician interpreted that scan until after G.A. suffered a respiratory arrest at 4:30 in the morning on December 18, 1999.  The scan taken in the evening of December 17th revealed a fracture of his skull in the occipital bone, a right frontal lobe hematoma and brain swelling.  Gary suffered an arrest on December 18th as a result of increasing intracranial pressure and brain herniation.  Plaintifs also alleged that the nursing care at Advocate Hope Children's Hospital deviated from the standard of care in so far as G.A. was not assessed neurologically every hour from the 17th to the time of his arrest on December 18, 1999.

Settlement:  $6 Million

L.C., Individually and as Administrator of the Estate of K.C., Deceased v. Rush Presbyterian St. Luke's Medical Center, a corporation, et. al., No. 02 L 013883

(2004) K.C. underwent knee surgery on March 8, 2002.  After the surgery he was given full strength Fentanyl/Bupivacaine and Cloridine by epidural for pain.  He remained uncomfortable so the epidural was pulled and he was started on Morphine.  Thereafter the epidural position was reconfirmed and he was restarted on Fentanyl/Bupivacaine and Cloridine was well as the Morphine.  At approximately 1:00 a.m. the attending physician noted the patient was comfortable, sleeping but easily arousable.  At 4:00 a.m., a nurse, while administering antibiotics, noted that Mr. Caragher was pale and unresponsive with his pulse rate dropping from 20 to 0.  He was in asystole and a Code was called and CPR commenced.  Plaintiff contended that the pain medications administred were respiratory depressants which led to a respiratory arrest and hypoxic anoxic brain damage.  Under the circumstances an apnea monitor and oximeter were required by the standard of care to prevent a respiratory arrest.  This brain damage ultimately led to his death six days later on March 14, 2002.

Todd A. Smith, Lead Counsel

Joseph W. Balesteri, Phillip F. Maher, and William J. Harte, Co-counsel

Practice Area:  Medical Malpractice

Newborn, born 08/11/86, experienced brain damage from a maternal infection that crossed the placenta.  Defendants failed to timely deliver the fetus to avoid permanent brain damage.

Settlement:  $5.75 Million

J.M. v. Northwestern Memorial Hospital, No. 08 L 2061

Joseph A. Power, Jr., Lead Counsel

A 53-year-old disabled female underwent a planned two-stage neurosurgical procedure to correct a severe thoracic kyphosis.  Following the second stage, there were progressive reflex abnormalities and loss of motor function which went unreported to physicians responsible for her care.  The delay in communication resulted in a delayed diagnosis and ultimately permanent paraplegia from thoracic spinal cord compression.