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Wrongful Death Lawsuits in Chicago, Illinois
Power Rogers & Smith is made up of an experienced team of sympathetic and determined wrongful death lawyers in Chicago who are proud to uphold the rights of victims of wrongful death damages. Our attorneys are not only well respected, but also are tireless proponents of justice.
Skilled in both litigation and negotiation, Power Rogers & Smith is prepared to take on the toughest and most complex cases. For over 25 years, our Chicago wrongful death lawyers have been working diligently to defend victims of negligence.
The death of a loved one can cause an unparalleled amount of grief for you and your family. Retaining a competent and experienced attorney is of the utmost importance if you are seeking just compensation. Here are just some of the verdicts and settlements handled by our Chicago wrongful death attorneys:
Wrongful Death Settlement: $100 million
*Illinois' largest personal injury award for a single family
Rev. D. W. v. Transamerica Leasing, Inc. No. 98 L 3127
No. 85 L 11905
Joseph A. Power, Jr., Lead Counsel
Larry R. Rogers, Jr., Co-Counsel
Practice Area: Wrongful Death Law
A record $100 million* out-of-court wrongful death settlement was reached on behalf of J. and Rev. D.S.W. of the south side of Chicago. After calculating the wrongful death damages, this is believed to be the largest wrongful death settlement to a single family in the country. Rev. and Mrs. W., both age 50, were the parents of six children killed in a fiery van crash at approximately 10:30 a.m. after Rev. D.W. struck a piece of debris that was lying in the roadway. The debris turned out to be a mud flap/taillight assembly that detached from a truck's chassis and became lodged in the van's gas tank. Sparks from the assembly caused an explosion and/or fire, which engulfed the van and its occupants in flames. Rev. and Mrs. W. were burned, but narrowly escaped. Their six children perished in the fire.
The investigation into this wrongful death case led to the exposure of the CDL truck driver's license for bribes scandal that has plagued the secretary of state's office and has brought about 28 indictments and 14 convictions as of January 2000. It also caused the indictment of former Illinois Governor George Ryan. The $100 million* settlement represents the largest wrongful death settlement for a single accident or individual family in Illinois history.
Settlement: $39.9 million*
Estate of J.L. v. Active Transportation Company, L.L.C. No. 00 CV 8448
Joseph A. Power, Jr., Lead Counsel
Practice Area: Motor Vehicle Negligence, Wrongful Death Law
A 43-year-old male lawyer was driving with his wife and children when he slowed down due to construction on the highway in Lafayette, Indiana. A truck struck his car from behind, causing the vehicle to burst into flames. The lawyer sustained fatal injuries, while his wife and two minor children survived. His wife suffered facial fractures, a concussion, bone bruising, lacerations, and sprains. His daughter sustained second-degree and third-degree burns, requiring amputation of her left leg and the toes of her right foot. She also fractured multiple bones in her pelvis and fingers. The lawyer's son suffered second-degree and third-degree burns to his legs.
Settlement: $21.2 Million
L.R., Individually and as Special Administrator of the Estate of S.R., Deceased, and L.R.,Jr., a Minor. No. 99 L 6539
(2002) This case settled for $21,175,000 in a medical malpractice case involving the death of S.R. and L.R., Jr.’s injures. S.R. 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.R. was placed 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.R. complained of being dizzy, vomited several times, became confused and cyanotic. At 7:45 a.m. S.R.'s blood pressure again dropped into the 70s and more fluids, including the Ephedrine, were given. According to plaintiff’s experts S.R.’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. R. died after being in a coma for twelve weeks and her son was left permanently brain damaged and unable to care for himself.
Settlement: $16 Million
N. S., Ind. and as Administratrix of the Est. Of RS., Dec’d v. HMD Trucking, Inc.; Tadeusz Strojny, Ind. And as Agent and/or Employee of HMD Trucking Inc. and Right Express, Inc., et al., No. 07 L 1922
The cause involved the wrongful death of R.S., who was a 47 year old auto worker, who was returning home from work on the evening of October 16, 2004, when he was killed while operating his motor vehicle southbound along Indiana’s I-465 within the city limits of Indianapolis, Indiana. A tractor-trailer operated by Tadeusz Strojny was also traveling in the middle lane of the southbound traffic along I- 465. Mr. Strojny’s tractor-trailer struck R.S.’s vehicle from behind, propelling and pinning it along the I- 465's median wall. R.S. was unable to escape his vehicle and died as a result of his injuries.
Tadeusz Strojny was employed as a truck driver by Defendant, Right Express, Inc. d/b/a E.R.A. Transportation, Inc. The tractor was owned by Defendant, HMD Trucking, Inc., for whom Mr. Strojny was driving. He was pulling a trailer owned by Defendant, FAF, Inc. with an insignia of Forward Air, Inc. stenciled on the side of the vehicle. Mr. Strojny was a Polish born individual who is not fluent in the English language. On the date of this occurrence Mr. Strojny had picked up the tractor-trailer at the Forward Air depot in Chicago, Illinois and was taking it to Columbus, Ohio.
Settlement: $12.5 Million
P.S. and C.H., Jr., as co-indepent administrators of the Estate of C.S. a/k/a/ C.H. vs. Ravenswood Hospital Medical Center, et al., No. 98 L 14847
(2003) As a result of a shooting, C.S., a minor, sustained a puncture to his aorta, mesenteric vein as well as the colon. He walked as far as he could on to Ravenswood Hospital Medical Center property. C.S. was within fifty (50) feet of the Ravenswood Hospital door, when security of Ravenswood Hospital was notified of his need of assistance. Nurse employed by Ravenswood Hospital opted to leave C.S. untreated, as their policy was not to go outside the hospital building to assist the injured. He 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 Emergency Room he arrested. This is the record settlement in Illinois for the wrongful death of a minor involving hospital negligence.
Settlement: $12.8 Million
E.R. v. VHS Acquisition Subsidiary Number 3, Inc. d/b/a Louis A. Weiss Memorial Hosp., 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.
Verdict: $9.8 Million
C. v. Rosenblum, et al. - 85 L 11905
(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: $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.
Verdict: $7 Million
$7,000,000.00 Jury Verdict Award
On September 26, 2007 before Judge James Flannery, Jr. of the Circuit Court of Cook County, Law Division, a jury awarded the family of G.J. $7,000,000.00 in a wrongful death medical malpractice cause of action. Their verdict was against Dr. Carlton West and physician assistant, Anthony Williams, P.A. and Michael Reese Medical Center.
The Plaintiff alleged that G.J. presented to Michael Reese Hospital for surgery to his knee with Dr. C.West, an orthopedic 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 contact us or call Larry R. Rogers, Jr. or Brian LaCien at 312-236-9381.
Settlement: $7 Million
S. K., Individually and as Executor of Estate of M. K., Decesased v. Northwestern Medical Faculty Foundation, No. 05 L 5817
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.
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 Marie Monahan, 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.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 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 13883
(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 as 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 K.C. 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 contends that the pain medicines administered 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.
Settlement: $6 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 09320
(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 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 Hospital 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. G.A. suffered an arrest on the December 18th as a result of increasing intracranial pressure and brain herniation. Plaintiffs 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: $5.2 Million
O. Etc. v. County of Cook, No. 02 L 3242
(2006) A 50-year-old woman died in March 2001 after doctors at Cook County Hospital allegedly overlooked indications of cervical cancer that showed up in test results. Plaintiff attorneys said the woman’s Pap smears in 1996 showed the possibility of cervical cancer, bu the hospital failed to run additional tests that could have confirmed cancer while there was still time to treat it. Doctors identified the cancer in 2001, while the woman was undergoing a hysterectomy and when it was too late to treat it.
Settlement: $5 Million
J.T.G.H., Deceased, Etc. v. Alison Farrar, et al., No. 03 L 000767
(2007) The defendant driving a tractor-trailer, rear ended the plaintiff’s family vehicle on I-88 near Highway 59 in Naperville, cause the 17-year-old boy to suffer blunt trauma, brain injury, and lung contusion, resulting in his death (survived by his parents and two minor siblings.)
Settlement: $4.5 Million
L.D., Ind. and as Independent Adm. Of the Estate of R.D., Dec’d v. Bond drug Company of Illinois d/b/a/ Walgreens and Walgreen Co, et al., No. 05 L 12120
R.D. was diagnosed with gout and was prescribed two tablets of Colchicine, by mouth, every hour until loose stool then take two to four hours as directed. According to the Physicians Desk Reference, the standard of care is “the usual dose at time of attack is one to two tablets. This dose may be followed by one tablet every two hours until pain is relieved or diarrhea ensues . . . the drug should be stopped if there is gastrointestinal discomfort or diarrhea. R.D. was not instructed by Dr. Roque or the pharmacist for Walgreens to stop taking Colchicine after GI discomfort or diarrhea. R.D. took approximately forty-four tables of Colchicine. R.D. was admitted to St. Francis Hospital and after an attempt to save his life died on November 29, 2004. R.D.’s death was a result of Colchicine intoxication.
Settlement: $4 Million
D. U. v. Dr. Shaw and Northwestern Memorial Hospital, et al., No. 04 L 94962
Defendants failed to properly monitor D. U. ’s condition, properly and timely diagnose and treat D. U.‘s uterine rupture and properly keep her in the Labor and Delivery Unit, failed to properly and continuously monitor her fetal heart rates and properly and timely perform a Cesarean Section. Mrs. U.’s son, M.U., was born unresponsive, cyanotic, pulseless, apneic and had generalized hypotonea. Resuscitation began immediately with Apgar scores of 0 at 1, 5 and 10 minutes. The umbilical cord blood revealed arterial blood of 6.60 ph, 143 PC02 and venous blood of 6.55 ph with a base excess of -28. In short, M.U. suffered severe perinatal asphyxia, depression, acidosis, hypoxic ischemic encelphalopathy and multiple organ failure. On October 22, 2003, M.U. was pronounced dead.
Settlement: $4 Million
S.B., Special Administrator of the Estate of F.B., Deceased, v. Eric Bernstein Individually and as an agent and/or an employee of Illinois Masonic Medical Center, et al., No. 01 L 7621
(2004) F.B. was 56 years of age, a smoker with high cholesterol and enlarged heart who underwent a Nissen fundoplication procedure on June 14, 1999. During the surgery a heart attack occurred which resulted in a hospitalization of another eleven days. His medical condition improved and F.B. was discharged from Rush-Presbyterian-St. Luke’s Medical Center on June 26, 1999. On the ride home he sustained a subsequent heart attack and died. Plaintiff’s experts testified that his death was related to the heart attack which occurred during the surgery. They further testified that because of F.B.’s high cholesterol, enlarged heart, smoking history and symptoms which the doctors thought was a gastroesophageal reflux which could mimic a heart condition, an appropriate cardiac work-up should have been done prior to the surgery for the reflux.
Verdict: $4 Million
H. v. Rush Presbyterian St. Luke's Medical Center - 79 L 15578
(1988) Medical malpractice; 25-year-old housewife who lost leg in unrelated auto accident became addicted to pain pills and died from an overdose while undergoing treatment for the addiction. This was the largest verdict for the death of a homemaker in Illinois history.
Settlement: $3.9 Million
M.F., Individually and as Special Administrator of the Estate of D.F., Dec’d vs. Ronald Stavinga, M.D., et al., No. 00 L 008161
(2002) D.F. was under the care and treatment of Dr. Ronald Stavinga when he detected a thyroid mass in February of 1994 resulting in a thyroid ultrasound and needle biopsy on April 16, 1994 which came back as a benign thyroid nodule with no identification of neoplastic cellular development. Plaintiff continued to treat with Dr. Stavinga through September, 1998, during which time Dr. Stavinga would measure the dimensions of the mass through manual palpation at regular office visits. He did not repeat a needle biopsy. Because of Dr. Stavinga’s failure to properly and adequately examine, diagnose and treat the plaintiff by properly and adequately diagnosing and timely treating the thyroid carcinoma, and repeating the needle biopsy, plaintiff was diagnosed, on September 30, 1998, while in the hospital after delivering a baby, with a fractured hip resulting from neoplastic lesions on the pelvis and two cancerous growths were discovered on her spine, found to be secondary to a thyroid carcinoma that had metasticized. D.F. underwent treatment, surgery and numerous hospitalizations as a result of this thyroid carcinoma and subsequent complications which finally resulted in her death on July 12, 2002.
Settlement: 3.5 Million
J.B., Individually and as Independent Executor of the Estate of N.B., Deceased, No. 02 L 010087
(2005) N.B., the wife of a defense attorney, was diagnosed with acute lymphocytic leukemia. She was admitted to the hospital on May 20, 2001, for treatment with L-asparagniase with no written orders. On May 20, 2001, she received an additional dose of Vin Cristine and Daunorubicin resulting in an overdose of these drugs and subsequently started to decline rapidly and her liver began to fail. She also developed Aspergillus after being taken off anti-fungal medicine because of the liver damage caused by the overdose of the chemotherapy agents and because of her being immuno-suppressed and she subsequently died on June 18, 2001.
Settlement: $3 Million
W. E. etc. v. Ellickson, et al., U.S. District Court, Northern District of Illinois No. 07 CV 3446
On January 7, 2007, T. E. was operating a vehicle in which his wife, W. E., was a passenger en route to family funeral in Ohio. The E. vehicle was traveling on I-75 in Indiana near mile marker 138 when traffic in front of the vehicle was coming to a stop. T. E. stopped their vehicle in response to the traffic and then it was rear-ended by a semi-tractor trailer driven by Stephen f. Ellickson which then proceeded to strike another semi-tractor trailer. The semi-tractor trailer driven by Stephen F. Ellickson was owned by Schneider National Carriers, Inc., and the trailer was owned by General Electric Capital Corporation. T. E. died at the scene of the accident. W. E. suffered fractured radial and ulnar shafts, fractured and bruised ribs, and an intra-cranial hemorrhage.
Settlement: $3 Million
J.B., Individually and as Independent Administrator of the Estate of V.B., Deceased vs. Evantston Hospital, a Division of Evanston Northwestern Healthcare Corporation, et al. , No. 2003 L 003974
(2007) A 60 year old man who was admitted to the hospital for excessive bleeding and diverticulitis and was prescribed morphine and Ativan post operatively for pain, restlessness and what they believed was the DTs. Due to an unknown heart disease coupled with excessive medication, he arrested in the ICU, allegedly as a result of excessive medication and lack of monitoring leading to his death. He died leaving a wife and four adult sons.
Settlement: $3 Million
G.C., Independent Administrator of the Estate of F.C., V. Falcon Transport Company, U.S. District Court, Northern District of Illinois, 05 C 663
(2007) On the morning of September 2, 2004, a collision occurred on the Indiana Toll Road in Laporte County, Indiana, between two semi-trailer trucks. One of the semi-trailer trucks, owned by defendant Falcon Transport Co., and driven by one its employees, was heading eastbound when it collided with a semi-trailer truck parked on the right shoulder of the eastbound lanes. It was alleged that the parked semi-trailer truck had a mechanical problem which caused its driver, F.C., to pull over on the highway. The parked semi-trailer truck was owned by third-party defendant, Roadco Transport Services, Inc. As a result of the collision, F.C. was killed while he was on the side of the road with the Roadco semi-trailer truck. F.C. ‘s widow, G.C., brought suit against Falcon alleging that her husband's death resulted from Falcon's negligence. Falcon filed a third-party complaint against Roadco. At the time of his death, F.C. left his wife and three children surviving him. Settlement included waiver of Worker’s Compensation lien in the amount of $74,489.63
Settlement: $3 Million
Estate of M.G., Deceased vs. Diaz, et al., Lake County, Count No. 98 L 12243
(2002) This case involves the instantaneous death with the rear wheels of the bus running over M.G. The defendant failed to follow bus company rules and not back up if at all possible. The driver should never have pulled into the driveway which required her to back up and she should have looked behind the rear of the bus or had a neighbor look behind the rear of the bus before backing the bus out of the driveway.
Settlement: $2.9 Million
W.A. and S.A., Co-Special Administrators of the Estate of R. A., Deceased vs. Jet Intermodal, Inc., etc., et al., No. 97 L 10453
(2000) The case of R.A. settled for $2,946,995.17 before the Honorable Jennifer Duncan-Brice prior to trial. R.A. was a 17 year old graduate of Loyola Academy and was planning on attending Dayton University. On June 12, 1997, plaintiffs’ decedent, R.A., was a passenger in a vehicle traveling southbound on the Edens Expressway in Cook County, Illinois. At the same time, the tire and component parts of a wheel assembly dislodged from the axle of an 18 wheel semi-trial truck that was traveling in the opposite direction on the Expressway. The dislodged tire and component parts crossed over the center line of the highway and struck the car in which R.A. was a passenger owned by Jet Intermodal, Inc., which resulted in his death.
Settlement: $2.9 Million
C.C. , Ind. And as Adm. Of the Estate of M.C., Dec’d v. Mariusz Gadula, M.D., Ind. and as employee and/or agent of Law Medical Center, S.C., No. 06 L 10730
On November 5, 2004, M.C. was admitted to Provena St. Joseph Medical Center in Joliet, Illinois. He was diagnosed with an infection including pneumonia and bacterial meningitis. I.V. antibiotics were begun. After stabilizing him he was transferred to Christ Hospital where his internist, Dr. Gadula, was on staff, and accepted the transfer on November 9, 2004. He was in Christ Hospital and Medical Center for two days where they treated him with I.V. antibiotics. A progress note indicated he had a 1+ bilateral peripheral edema on November 11, 2004, prior to his discharge. He was discharged on oral antibiotics on November 11, 2004. While an outpatient, M.C. saw Dr. Gadula on November 19, 2004, who noted lower extremity edema and prescribed Lasix. M.C. continued to gain weight with his legs becoming more edematous. Dr. Gadula increased the Lasix over the phone on November 23, 2004, for worsening swelling in his legs. He ordered a chest x-ray on November 24, 2004, which showed heart failure. According to the Plaintiff’s experts, peripheral edema is a cardinal sign of heart disease. They testified he needed a cardiac work-up including an echocardiogram stat on November 19, 2004. In their opinion, had this been done endocarditis would have been discovered and successfully treated.
Settlement: $2,725,000.00
Settlement
K. v. Imperial of HazelCrest, and Shamshuddin, M.D.
Wrongful death action involving nursing home abuse and neglect. Injuries included malnourishment, dehydration, development of multiple stage IV ulcers and ultimate death.
Settlement $2,750,000.00
Estate of C.
Joseph A. Power, Jr.
Defendants failed to disqualify the plaintiff's decedent as a volunteer fireman due to hypertension, diabetes, and elevated cholesterol leading to an on-the-job heart attack, fall from a ladder, and death.
Settlement: $2.3 Million
S. v. Estate of Partipilo, et al., 97 L 3015 Consolidated under No. 96 L 15189
(2000) Wrongful Death Action regarding a 20 -year-old student at Elmhurst College who was a passenger in a motor vehicle operated by Jon Partipilo, on October 17, 1996, traveling in a northerly direction on Alexander Street at or near its intersection with Grace Street, in York Township, Du Page County, Illinois. The car went out of control and struck a light pole. Decedent died at the scene from injuries on October 17, 1996.
Settlement: $2 Million
J.K. and N.K., Individually and as Special Co-Administrators of the Estate of J.K., III, Deceased v. Gary E. Dowding, Individually and as an agent and/or employee of Merle Yocum Trucking, et al., No. 07 L 9, (Ogle County)
A 19-year- old was killed by a truck which failed to yield the right of way in Ogle County leaving parents and a sister.
Settlement: $2 Million
S. N. , Ind. And as Special Administrator of the Estate of M.H., JR., Deceased, v. Silver Cross Hospital and Medical Center, et al., Will County Court No. 04 L 000294
On 5/22/2004 Plaintiff S. N. was pregnant with her first child, M.H., Jr. On said date, S.N. presented to the emergency room at Silver Cross Hospital with complaints of intense pain and contractions. Nurse DYBINSKI took history and treated S.N., at which time she learned that S’s fetus had a gestational age of 39 weeks. Nurse Dybinski applied the EFM to S.N. and monitored the fetal heart rate of fetus. Nurse Dybinski discharged S. N. on 5/22/2004. S. N. returned to Silver Cross Hospital on 5/23/2004 in labor. She was admitted and administered Pitocin. The baby, M.H., Jr., was delivered stillborn. Plaintiff alleges defendants’ negligence and/or omissions proximately caused he death of M.H., Jr. and emotional injuries to his mother.
Settlement: $2 Million
S.L.T. and J.L., Co-Administrators of the Estate of M.L., Deceased v. Rush-Presbyterian-St. Lukes Medical Center, etc., et al., No. 03 L 003857
(2004) On August 19, 2002, M.L. underwent a Laparoscopic gastric bypass procedure . by Dr. Constantine Frantzides with an estimated blood loss of 300 ml. Standard post operative orders included Lovenox, which is a anti-coagulant. The order was countermanded and ordered for the following a.m. Despite the countermand to the order, Lovenox was given at later by a nurse. There was a post surgical order to obtain a complete blood count in the p.m. or evening. After surgery, upon admission to the post procedure unit, her abdominal dressing was dark and soaked with red drainage and her dressing needed to be reinforced. These are signs of internal bleeding which went unrecognized and untreated. These abnormal CBC results , which are significant for bleeding, were apparently never communicated to the nursing staff or the physicians. The nursing staff apparently failed to contact the lab for the results of the CBC. M.L. complained to the nurse of thirst and requested water. M.L. arrested and died. The giving of an anti-coagulant coupled with the failure to communicate the critical low value of the hemoglobin and hematocrit to the residents or the attending physician in this case led to M.L. bleeding out and dying.
Settlement: $1.2 Million
N.J., Individually and as administrator of the Estate of R.J., Deceased vs. Roseland Hospital, No. 98 L 9832.
(2002) This case involves R.J., age 58, a terminal AIDS patient died as a result of a fire at the Roseland Community Hospital on January 1, 1997 from injuries related to the fire started by another patient. According to a defense expert, R.J. had a limited life expectancy of less than one year due to the severity of his medical condition.
Verdict: $1.2 Million
A. v. City of Chicago - 82 L 17467
(1985) Motorcyclist colliding with fire truck on way to extinguish a fire; both claimed the green light; wrongful death. The decedent was divorced but left two surviving children.