Examples of settlements or verdicts obtained in cases handled by Ms. Daley
Calbert v. Advocate Healthcare, et al
Medical malpractice verdict. 9/4/07 – Our client, C. Calbert, visited
Advocate South Suburban Hospital because he had diarrhea for several days.
Eleven days later, he was taken into surgery. To compensate for the drop
in blood pressure he was experiencing, the patient was administered Levophed,
a vasopressor medication. After surgery, he was instructed to slowly be
taken off Levophed and switched to Neosynephrine, but only if his blood
pressure dropped below 100. According to the plaintiffs, in the days immediately
following his surgery, the ICU nurses did not perform the necessary testing
on the arterial line – the line being used to monitor blood pressure.
Because they were not testing the correct lien, there was a false read
of low blood pressure. Because they detected low blood pressure, the staff
gave the patient maximum doses of vasopressors, which he did not actually
need. The overdose ultimately caused ischemia that necessitating amputation
of his left arm and all of his toes.
Co-counsel with Larry R. Rogers, Sr., and Larry R. Rogers, Jr.
D.W. individually and as Special Administrator of the Estate of C.A, deceased
v. Apex Mortgage Corporation, et al, 11 L 8438
Wrongful death settlement. This cause of action arose from the injuries
and subsequent death of C.A., a 34 year old City of Chicago Firefighter,
resulting from a building collapse at 1738-1744 E. 75th Street in the
City of Chicago on December 22, 2010. The Property was purchased by Defendants
CHUCK DAI and RICHARD DAI and Defendant APEX MORTGAGE CORP., held the
Mortgage Security Agreement for the Property. In 2008, the mortgage on
the Property was in default and APEX MORTGAGE CORP. began discussions
with the Dais to accept a deed in lieu of foreclosure. After receiving
the signed deed in lieu of foreclosure documents from the Dais, Apex hired
a real estate broker to assess the Property, change the locks, clean out
the Property, and board up the Property.
Upon inspection, the real estate broker determined that the Property was
in poor condition. Apex subsequently made a Property loss claim with its
insurance company that it had force placed insurance for a partial roof
collapse. The Property loss claim was subsequently denied and Apex was
provided with an engineer's report of the Property from the insurance
company which stated that the condition of the roof was a result of chronic
lack of maintenance and total rotting having occurred of the roof beams.
Throughout this time period, Apex was a defendant in a City of Chicago
Housing Court case for the Property and was aware of the numerous code
violations, including structural concerns with the roof and the walls
at the Property.
On December 22, 2010, at about 6:52am, a small rubbish fire occurred in
the Property and the Chicago Fire Department responded. Firefighters,
including C.A., forced entry into the Property to determine there were
people inside the Property. While inside the Property, the east wall failed
causing a total collapse of the timber truss roof onto firefighters, including
C.A. As a result of the collapse of the timber truss roof, C.A. suffered
severe and permanent injuries resulting in his death on December 22, 2010.
Plaintiff alleged that Apex had taken possession and control of the Property
beginning in 2008. Apex was aware of the severe and dangerous structural
problems and code violations at the Property, but it failed to do anything
to remedy any of the conditions at the Property putting every person who
walked into the Property in harm's way, including Firefighter C.A.
on December 22, 2010.
Firefighter C.A. left surviving him his wife, D.W., and their son, who
was one years old at the time of C.A.’s death.
Co-counsel with Joseph A. Power, Jr.
D.E. v. Service Partners, LLC, et al – 09 L 23 (Ogle County)
Wrongful death and vehicular negligence verdict. On April 23, 2008, Plaintiff’s
decedent was operating a motorcycle eastbound on Rte. 38 with his wife,
Plaintiff, D. E., as a passenger on their way to work at Northern Illinois
University at approximately 7:45 a.m. when Defendant, Gerald W. Hemker,
who was operating a semi-tractor trailer, as an employee and/or agent
of Defendant, Service Partners, LLC, westbound on Rte. 38 attempted to
turn left off of westbound Rte. 38 onto the southbound ramp for I-39 in
front of the motorcycle. The motorcycle struck near the middle of the
semi-tractor trailer on the passenger side of the truck. The decedent
sustained multiple blunt trauma to his head, chest, and pelvis which led
to his death that day. The Plaintiff sustained multiple open pelvic fractures
with disruption of the pelvic circle, closed fracture of eight or more
ribs, acute pulmonary collapse, closed fracture of sacrum or coccyx, contusion
of genital organ, pneumothorax and contusion of lung. She has had a number
of surgeries. She also has drop foot and is required to use support devices.
The jury returned a verdict of $5,000,000.00 to the Plaintiff for her disfigurement,
loss of normal life, pain and suffering, emotional distress, services
received, and present cash value of future services. The jury returned
a verdict of $1,000,000.00 reduced by 50% contributory negligence for
the wrongful death of the decedent.
Co-counsel with Joseph A. Power, Jr., and Todd A. Smith.
N. A., as Independent Administrator of the Estate of R. R., Deceased v.
Northwestern Memorial Hospital, 13 L 9055 (Cook County)
Medical malpractice settlement. The decedent presented to Northwestern
Memorial Hospital for labor and delivery. She was delivered by caesarian
section at 10:30 p.m., delivering her first child and the sole heir to
this cause of action. The decedent experienced intraoperative and postoperative
bleeding and passed away in the early morning hours of November 13, 2012.
The defendants failed to properly monitor her labor and delivery, failed
to timely perform a caesarian section and failed to timely monitor and
treat blood loss following caesarian delivery. The decedent’s sole
heir was hours old at the time of her passing.
Co-counsel with Joseph Balesteri.
H.J., Individually and as Special Administrator of the Estate of G.W. v.
Feldman, et al, 07 L 14237 (Cook County)
Dental malpractice settlement. On December 17, 2007, G.W., a 46 year old
female, went to Defendant Feldman to undergo a root canal. Defendant Feldman
gave G.W. intravenous sedation in an excessive amount and failed to monitor
G.W. adequately. As a result, G.W. suffered cardiac arrest and subsequently
died. G.W. was survived by her son.
Co-counsel with Larry R. Rogers, Sr.
M.L. as Special Administrator of the Estate of M.L., deceased v. Northwestern
Medical Faculty Foundation, 09 L 004942 (Cook County)
Medical malpractice settlement. 16 day old male survived by his parents,
experienced brain injury at birth due to a failure to respond to late
decelerations in fetal heart tracings resulting in his death.
Co-counsel with Joseph W. Balesteri.
J.K and N.K., Individually and as Special Co-Administrators of the Estate
of J.K., deceased v. Harmon Grain, et al, 07 L 00009 (Ogle County)
Vehicular negligence settlement. On September 22, 2005, the J.K. was a
24 year old male who was driving westbound on Route 64 near Chana Road
in Ogle County, Illinois when the Defendant driver who was operating a
tractor trailer for Defendant Harmon Grain failed to stop at the stop
sign on southbound Chana Road and struck the motor vehicle being operated
by J.K. who died as a result of the injuries sustained in the motor vehicle
accident. The Defendant driver was driving under the influence of drugs
and was cited for numerous violations on his tractor trailer. At the time
of his death, J.K. left surviving him his parents and his sister.
Co-counsel with Joseph A. Power, Jr.
D.N, individually and as special administrator of the Estate of J.N., deceased,
v. Unnamed Apartment Complex, 11 L 005686 (Cook County)
Premises settlement. On January 19, 2011, J.N. was a 63 year old sub-contractor
working at the defendants’ apartment complex when he slipped and
fell on an unreasonably dangerous icy parking lot. Plaintiff alleged that
the defendants were negligent in their maintenance of the parking lot,
including plowing and salting, resulting in unreasonable dangerous conditions.
As a result, J.N. fell and suffered severe injuries resulting in his death.
Mayhorn v. City of Chicago, 09 L 13503 (Cook County)
Wrongful death verdict. On March 10, 2009, Matthias Mayhorn was at his
home when 2 plain clothes officers arrived to arrest him pursuant to an
investigative alert for a domestic incident. Mr. Mayhorn fled into his
bedroom and attempted to exit a 2nd floor bedroom window when he was grabbed by his legs by the officers.
The officers alleged that Mr. Mayhorn pulled a gun on them while he was
attempting to evade arrest through the 2nd floor window and while being held by his feet by the officers. The defense
further alleged that the police officers shot Mr. Mayhorn twice when he
refused to drop the weapon and were justified in the use of deadly force
in doing so. The Plaintiff established that Mr. Mayhorn was not shot at
the window as the defense contended in a struggle with the police officers,
but more likely than not was shot in the gangway below where he did not
pose a threat of imminent death or serious bodily harm to the police officers
or others. The Plaintiff 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. The Plaintiff also alleged that the lack of
fingerprints or other evidence tying the weapon found at the scene to
Matthias Mayhorn fit the profile for that weapon being a “drop gun”
that was dropped at the scene to explain the unjustified shooting. The
jury awarded $1.5 million dollars for the loss that Mr. Mayhorn’s
three minor children suffered due to his death.
Co-counsel with Larry R. Rogers, Jr., and Sean Houlihan
R.F. v. Gercek, et al, 08 L 002975 (Cook County)
Vehicular negligence settlement. On September 12, 2007, the Plaintiff,
R.F., was a 74 year old female who was a pedestrian crossing Delaware
Street near 175 E. Delaware in Chicago, Illinois when she was struck by
the van the Defendant, I.G., was operating in reverse on Delaware Street
while attempting to make a delivery at the John Hancock Building. The
Plaintiff sustained a traumatic brain injury, oral injuries necessitating
multiple oral surgeries, and knee and hip injuries as well.
Co-counsel with Joseph A. Power, Jr.
Roberts v. Superior Air-Ground Ambulance Service, et al., 12 L 2978 (Cook County)
On May 27, 2011. Plaintiff Roberts, a 68 year old woman, was admitted to
Crestwood Care Centre for rehabilitation following a successful above
the knee amputation on her right leg at Little Company of Mary Hospital.
On June 7, 2011 Plaintiff appeared “gray” in color and was
“cold” to the touch. A Nurse Practitioner for Crestwood instructed
a nurse from Crestwood to call for an ambulance to take Plaintiff back
to Little Company of Mary Hospital. Plaintiff alleged Ms. Roberts was
not properly monitored during transport; the paramedics took an unreasonable
amount of time to transport a woman who had an acute change in mental
status and abnormal vital signs; and the paramedics should have taken
her emergently to the better and closer hospital. Plaintiff further alleged
that the paramedics altered Mrs. Roberts ambulance run report, even two
days after her death.
Settlement: $ 800,000.00
P.T. v. Hirota, et al, 08 L 004492 (Cook County)
Vehicular negligence settlement. On January 22, 2008, the Plaintiff, P.T.,
was a 47 year old female who was driving eastbound on Dundee Road in Arlington
Heights, Illinois proceeding through the intersection of Dundee Road and
Wilke Road when the Defendant, S.H., turned left from westbound Dundee
Road and struck the Plaintiff’s vehicle. The Plaintiff sustained
right tibula and fibula fractures requiring an open reduction internal fixation.
Co-counsel with Larry R. Rogers, Sr.