W. v. Transamerica Leasing, Inc.- 98 L 3127
Joseph Power and Larry Rogers, Jr. represented a Chicago family that lost
six children in a fiery Wisconsin car crash in 1994 caused by an unqualified
truck driver. Investigations prompted by the tragedy and lawsuit revealed
widespread corruption, whereby the Secretary of State’s staff exchanged
licenses for bribes that went to the campaign of George Ryan. These federal
investigations triggered Operation Safe Road, which required retesting
for over 2,000 drivers using tainted licenses and netted 76 convictions,
including that of former Governor of Illinois George Ryan. Joseph Power
and Larry Rogers, Jr. obtained a record $100 million settlement for personal
injury and wrongful death for a single-family.
SETTLEMENT: $ 100,000,000.00
R. M. v. Metal-Matic Inc.
Personal Injury, Trucking, Double leg Amputee:
Power Rogers & Smith attorneys Joseph Power, Jr. and James Power recently
secured a $95,477,464 million jury verdict for our client who suffered
massive leg injuries that required a double above-the-knee amputation
in 2014. Our client, a truck driver, was transporting carbon steel tubing.
The crane operator at the delivery location attempted to unload the cargo,
but because the tubing was improperly stacked and configured for unloading,
one bundle of the tubing rolled out and crushed his legs, lacerating his
right popliteal artery and fracturing his fibula and tibia. His right
knee was amputated above the knee, and after his left leg developed a
fungal infection, the doctors had to amputate that one above the knee as well.
JURY VERDICT: $95,477,464.00
M. v. Advocate Health and Hospitals Corporation, No. 96 L 05681
This case involved the failure to properly give oxygen or intubate and
give oxygen to a 54-year-old-lady undergoing a bronchoscopic procedure
and biopsy for possible tuberculosis which resulted in brain damage.
This is the largest medical malpractice verdict in the history of the State
of Illinois. Additionally, the loss of consortium of $15,000,000.00 to
the husband is also the largest such award in the history of Illinois
for that type of damage.
JURY VERDICT: $55,439,269.59
Offer prior to trial: $ 10,500,000.00
Offer prior to verdict: $ 13,500,000.00
L. v. Active Transportation Company, LLC, No. 00 CV 8448.
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 his car to burst into flames. 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 broken bones in her pelvis and fingers. L.’s son suffered
second and third degree burns to his legs.
A. v. Burdock, et al. - 14 L 2727
On December 18, 2011, the Plaintiff Mother presented to the hospital for
labor and delivery. Pitocin was administered at 7:30 p.m. to augment labor
contractions. Fetal heart rate monitoring began at 7:30 p.m. and was normal
and reassuring through 10 p.m. Plaintiffs’ alleged that the fetal
monitoring tracings became non-reassuring and abnormal after 10:00 p.m.
through delivery at 12:28 a.m. the following morning. Plaintiffs contend
that had Mom delivered between 10:30 p.m. and 11:00 p.m. on December 18th,
A. would have been neurologically normal. Because of the delay in delivering
A., she suffered brain damage and resultant spastic quadriplegia, cerebral
palsy and seizures.
This settlement is a state record for a child injured at birth.
T v. Elmhurst Hospital, et al., No. 2008 L 7156
Minor plaintiff at three months of age was intubated by defendant physician.
Plaintiff alleges that defendant doctor and undisclosed hospital were
negligent in the failure to intubate Dalian causing subglottic stenosis.
The subglottic stenosis subsequently required the plaintiff to have a
tracheostomy. In September of 2006, the minor plaintiff was hospitalized
at a separate hospital when the tracheostomy tube occluded and caused
an anoxic event. Plaintiff did not receive proper oxygenation for approximately
12-15 minutes. Plaintiff alleged that the defendant failed to monitor
the plaintiff while hospitalized.
As a result of the anoxic event, plaintiff sustained permanent damage and
is a spastic quadriplegic. He suffers from cortical blindness and requires
a gastrostomy tube.
This is one of the largest settlements in Illinois history.
M.M. v. Allied Barton
Wrongful Death, Negligent Security: The Plaintiffs worked for a law firm in the large office building located
at 500 West Madison Street. Allied Barton provided Security Services to
the building. On December 8, 2006, a former client of the firm’s
entered the 500 West Madison office building armed with a revolver, chain,
padlock, hunting knife, and hammer in order to seek out and kill one of
the attorneys who he mistakenly believed had wronged him. After loitering
in the building’s lobby and being turned away by the security desk,
the former client was permitted access to the law firm, located on an
upper-level floor, by Allied Barton security. Once he had gained access
to the law firm, he shot and killed three individuals and injured the
fourth. Joseph A. Power, Jr. represented the Estate of M.M. and recovered
$14.6 million for his client. Larry R. Rogers, Jr. represented the Estate
of A.H. and secured an $11 million verdict for his client. James Power
represented R.L. and secured a $5 million verdict.
JURY VERDICT: $33,400,000.00
K. vs. Elmhurst Memorial Hospital, et al., No. 11 L 10860
46 year old male presents for a laparoscopic nephrectomy due to kidney
cancer. During the procedure, aortic transection and ligation occurred
with a stapling device which was not recognized by the healthcare practitioners
until the patient’s transfer to an outside institution. Additionally,
injuries to the right kidney were caused by a stapling device which had
transected and ligated arteries to the right kidney. As a consequence,
the Plaintiff is a paraplegic and requires permanent dialysis.
G. v. LHP, No. 2008 L 2333
On February 22, 2008, Plaintiff AG’s legs became crushed in a paper
baler at a factory owned and operated by Defendant factory owner and Defendant
factory operator. Prior to injury, AG entered a large chute/tube, which
feed the baler from above, to clear a jam by using the weight of his body.
When the jam cleared, AG was caused to fall into the baler. He did not
have fall protection at the time of the incident. Nor did he have training
on OSHA lockout/tagout procedures. After AG fell, the baler’s ram
crushed his legs. AG was working, as a janitor, for a cleaning company
at the time of the incident. The Defendants hired the cleaning company
to do janitorial work and light industry work. Defendants brought a third
party complaint against the cleaning company. The complaint alleged that
Defendants violated OSHA and applicable safety standards, by failing to:
(1) ensure that AG was properly trained on how to safely unclear paper
jams; (2) ensure that he had available and used fall protection such as
lanyards and harnesses; (3) ensure that lockout/tagout was followed while
the machine was being worked on and/or he was in the chute/tube; (4) provide
a hazard assessment; and (5) ensure there is adequate warning signs and
the hatches are secured by locks so only authorized personnel entered
the chutes/tubes. Defendants denied that they knew AG or other cleaning
company employees entered the tube/chute to unclog it on the day of the
occurrence, or at any time prior to the occurrence. They contended that
AG and the cleaning company, as AG’s employer, were the entities
liable for his injuries. However, there was evidence that individuals
had entered the chute/tube to clear paper jams in the past. The Defendants
and Third Party Defendant received OSHA violations as a result of the
incident. AG sought recovery for the cost of past and future medical care,
wage loss and all other available damages.
D. and S. v. Syntex
This product liability case involving children who suffered brain damage
as a result of baby formula.
JURY VERDICT: $27,000,000.00
Offer: $ 350,000.00
D. v. Nettleton Specialized Carriers, Inc. and J.W. Peters, Inc., No. 08 L 6731
Plaintiff was stopped at the Edens Spur ramp at the beginning of a construction
zone back up on the Edens Expressway. He was rear-ended by a tractor-trailer
owned by the defendants and operated by an employee and/or agent of the
defendants who was traveling at least 65 m.p.h. The driver testified he
applied his brakes prior to the collision, but did not have time to stop.
He claimed he had just exited a curve. The collision occurred after 3,000
feet of a straight roadway near the tail end of the Edens Spur. He sustained
a C5-C6 tetraplegic injury.
Prior to jury selection the Defendants admitted liability. This was accepted
by the plaintiffs. Prior to trial, the defendants offered $10,000,000
to settle. During the trial the defendants incrementally increased their
offers to $15,000,000 and then $20,000,000. After closing arguments the
defendants offered a high/low agreement of $25,000,000 - $50,000,000.
JURY VERDICT: $23,000,000.00
After a jury verdict of $23,000,000 the case settled under a high/low agreement
entered into after closing arguments for
R. v. Trinity Hospital, No. 99 L 6539
Decedent 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 Decedent 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
Susan complained of being dizzy, vomited several times, became confused
and cyanotic. At 7:45 a.m. Decedent’s blood pressure again dropped
into the 70s and more fluids, including the Ephedrine, were given.
According to plaintiff’s experts Decedent’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. Decedent died after
being in a coma for twelve weeks and her son was left permanently brain
damaged and unable to care for himself.
The case for the disabled minor son settled for $11,250,000.00 and the
wrongful death action for his mother settled for $10,025,000.00.
C. v. Thorek Memorial Hospital, No. 07 L 7771
Plaintiff underwent cervical disc surgery at Thorek Memorial Hospital on
June 14, 2006 because he was having neck pain which radiated into his
left arm. Post-operatively, he experienced difficulties moving his toes,
feet and then legs. Ultimately, this progressed to his arms within about
six or seven hours of surgery. By June 15, 2006, Plaintiff was a quadriplegic.
On June 14, 2006 when surgery was completed, while in the operating room,
Plaintiff could move his upper and lower extremities per the testimony
of three witnesses. He was taken to the post-anesthesia care unit (PACU)
for recovery at 11:10 a.m. In the PACU he was seen by two nurses and an
anesthesiologist. Both nurses noted that Plaintiff could not move his
legs. No-one told the anesthesiologist, nor the operating neurosurgeon
who was involved in another surgery. Plaintiff was transferred out of
the PACU to the ICU by the anesthesiologist who was unaware that he couldn’t
move his legs. In the ICU, he was seen by two different nurses assigned
to him for the next approximate 20 hours. Neither of these nurses advised
any physician that Plaintiff couldn’t move his legs and that he
was losing the ability to move his arms. The first ICU nurse, on duty
until 7:00 p.m., claims to have activated the nursing chain-of-command
during his shift, having advised all of his nursing supervisory personnel
(charge nurse, house physician, nursing supervisor, client nursing officer)
of Mr. Contreras’ situation as well as the house physician. The
other hospital staff denied ever receiving this information, and denied
sitting in a room talking about how to reach the neurosurgeon for an hour
or two as claimed by this same nurse who was assigned to Plaintiff. Later,
around 8:00 p.m. an agency nurse took over the care of Plaintiff and didn’t
call anyone about his condition because he was advised by a charge nurse
that Plaintiff could not walk at the time he first came to Thorek Memorial
Hospital. This nurse claimed that he didn’t have access to the medical
records to confirm the accuracy of that information when he was providing
Plaintiff’s care because he didn’t have access to the computer
and the chart isn’t something he normally reviews.
F.P. v. John Burns Construction
Wrongful Death, Car Accident: In June of 2008, the Plaintiff sued the driver
of the vehicle that crashed into his children as well as multiple construction
contractors, alleging that a road barricade placed in the wrong location
caused the Defendant-driver to collide with an oncoming vehicle, which
caused her vehicle to crash into the sidewalk where three children were standing.
T. v. LaGrange Memorial Hospital - 85 L 3581
A 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.
JURY VERDICT: $18,500,000.00
Affirmed on Appeal 92-2262 268 Ill.App.3d 1051, 645 N.E.2d 284 (1994).
R. v. Trinity Hospital, No. 99 L 13178
This case involved a pregnant mother who presented to Trinity 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 plaintiffs’
experts. At the time of her presentation to Trinity, the plaintiff’s
mother was 37 weeks pregnant and in labor. She labored from approximately
January 1st until 12:45 p.m. when she had an eclamptic seizure. Her child, 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, R. sustained brain damage and is currently institutionalized.
The defendants denied that they were negligent, denied that R.’s
mother 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 aseptic meningitis evidenced by elevated white blood cell
count in the cerebral spinal fluid of R. as well as abnormalities in the
placenta. It was the defendants’ position that this enterovirus
was the sole proximate cause of R.’s problem and was untreatable.
K. vs. Lutheran General Hospital, et al., No. 08 L 5522
Minor Plaintiff was born with a heart that was not formed properly. Doctors
picked up an irregular heart beat prior to her birth. Plaintiff alleges
Defendant doctors failed to properly admit her into the hospital and failed
to properly monitor her resulting in her death at approximately 8 months of age.
S. v. HMD Trucking, 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 Mr. Studer’s vehicle from behind, propelling
and pinning it along the I- 465's median wall. Ronald Studer 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.
H. v. Rush University, et al., No. 03 L 9289
On February 13, 2002, 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 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. H. agreed
and on February 20, 2002, Dr. Lopes performed the procedure at Rush University.
Within an hour of the procedure, 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, H. was left profoundly brain damaged.
Plaintiff’s alleged that Dr. Lopes negligently performed a procedure
beyond that consented by H. Plaintiff’s alleged that Dr. Lopes went
beyond the coiling procedure H. consented to when he performed a non-FDA
approved coiling & stenting procedure. The stent & 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 H.’s brain. Plaintiff’s
alleged that this was a non-FDA approved use of the stent device that
was not indicated given that 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 H.’s middle
cerebral artery resulting in an intracerebral hemorrhage. Plaintiff’s
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’s 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.
R. v. Louis A. Weiss Memorial Hosp., No. 05 L 1137
On April 8, 2003, Plaintiff 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, Plaintiff had no complications and a normal
neurovascular status. Into the night of April 8, 2003 and morning of April
9, 2003, Plaintiff 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 Plaintiff.
Attending Physician was never contacted about Plaintiff’s complaints
or abnormal neurovascular status. Upon examination by the attending physician,
at around 6:30 AM, Plaintiff 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, Plaintiff required several debridements due to necrotic muscle
and tissue below her knee. As a result of the debridements and prolonged
compartment syndrome, Plaintiff 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 Plaintiff’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 Plaintiff;s
extensive muscle and tissue death in her lower extremity.
Last Offer: $2,500,000.00
R. v. United/Goedecke Services, Inc., No 00 L 4797
On December 22, 1999, United/Goedecke Services, Inc. was lifting a 25 foot
I-bar utilizing a hoist called a tugger when the 25 foot I-bar fell 110
feet, striking and killing R.. R. was the signalman, directing a 25 foot
I-bar up the tugger bay. The plaintiff alleged the defendant was negligent
in failing to more securely attach the I-bar as it was lifted up the tugger
bay. The defendant claimed that R. never should have been in the tugger
bay, under a load, while it was being lifted and should have used a radio
next to the tugger operator and outside the bay as a safer, more effective
means of communicating. They also claimed R. adjusted the sling, altering
the cinch point which was responsible for it falling upon him.
JURY VERDICT: $14,230,000.00
Reduced 35% to: $9,250,000.00
Offer prior to Trial: $1,500,000.00
Offer after Closing Argument: $2,500,000.00
R. v. Seadog Ventures, Inc., et al., No. 97 L 16158
On October 12,1997, R. 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.
The plaintiffs argued the vessel came too close to shore, failed to keep
a proper look-out and that the defendant failed to properly train its
captains in the rules of the U.S. Coast Guard as well as its own rules.
The defense argued that with the swimming season over and the Chicago beaches
had been closed for almost six weeks it was unforeseeable that there would
be a swimmer in the water over fifty yards from shore, with a 60 degree
water temperature, three to five foot waves and a small craft advisory.
A Chicago Park District rule prohibits swimming over 50 yards off shore.
Prior to the trial commencing the defendants offered $3,000,000.00. During
jury selection the defendants offered $5,000,0000.00. It was suggested
the offer would never exceed that amount which was equal to the largest
amount ever awarded for a below the knee amputation. After opening statements
and after three witnesses testified for the plaintiffs the defendants
increased their offer to $6,500,000.00. This was the figure the trial
judge recommended to settle the case. These offers were rejected by the
JURY VERDICT: $13,500,000.00
Reduced 20% to: $10,800,000.00
P. v. NORTHWESTERN MEMORIAL HOSPITAL, et al., No. 00 L 008622
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.
S. v. Ravenswood Hospital Medical Center, et al., No. 98 L 14847
As a result of a shooting, 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. S. was within fifty (50)
feet of the Ravenswood Hospital door, when security of Ravenswood Hospital
was notified of his need of assistance. A 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. 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.
C. v. Victory Memorial Hospital, et al.,Court No. 98 L 0081, Lake County
This case 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, 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, 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 C. had HELLP
syndrome which made her blood difficult to clot. According to another
expert it was negligent not to give C. an anti-hypertensive in the E.R.
The baby, Shane, was born healthy, without any medical problems.
D. v. Edward Hospital, et al., DuPage County, No. 04 L 13358
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’s intended on proving that from the time D. was flipped
to the supine position until the manual ventilation by ambu bag along
with the chest compressions, Linda 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.
O. v. Illinois Masonic Medical Center, No. 99 L 746
In February 1997, O., 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). O. 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, O. suffered
a stroke from a hemorrhagic bleed. Plaintiffs alleged that O. was over
anti-coagulated (her INR was 3.8 after the bleed) and argued that the
standard of care required lesser levels of anticoagulation (INR 2
to 3) than the range established by the defendants (INR 2.5 to 3.5). O.’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.
D. v. UHS of Bethesda, Inc., et al. - 90 L 411
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.
JURY VERDICT: $11,962,390.00
Offer before trial: $1,000,000.00
Offer during trial: $1,600,000.00
M. v. Northwest Community Hospital, et al., No. 05 L 2876
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
the 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.
P.T. and S.T. v. Northwestern Memorial Hospital, No Lawsuit Filed (Cook County)
(2017) Medical Malpractice: 55-year-old married female presented for removal
of her esophagus due to difficulty swallowing and regurgitation. During
the procedure, Surgical was utilized but was not removed ultimately migrating
into her spinal canal compromising her spinal cord, which resulted in
paraplegia and a neurogenic bladder and bowel. When imaging was ordered
due to symptoms, the imaging was delayed, thereby delaying spinal cord
decompression. Lead Counsel Joseph A. Power, Jr.
C. v. Rosenblum, et al. - 85 L 11905
The 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.
G. v. Evanston Northwestern Healthcare, No. 00 L 013478
Plaintiff, 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.
Plaintiffs’ 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 as well as at C6-C7 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.
M. v. CSX Transportation, Inc., et al., No. 02 L 00194
Plaintiff, a minor, was struck by a train on August 26, 2000, at the intersection of 123rd Street and Lombard Lane in the Village of Alsip, Cook County, Illinois.
Plaintiff was walking in a westerly direction on 123rd Street when a southeast bound train passed the crossing. Plaintiff began
to walk in a westerly direction when a train traveling in a northwesterly
direction struck him while his friend tried to pull him out of the way.
Plaintiff suffered a brain injury and is currently suffering from an incontinent
bowel and bladder. He is permanently disabled and attending public high
school in an effort to obtain a high school diploma.
K. Corporation v. Grant Thornton, et al. No. 13 L 4011
K. Corporation is a manufacturer of microphones and other electronic equipment.
Sjuata Sachdeva was a senior officer at K. Corporation and fraudulently
converted several million dollars for her personal use. She was found
out, convicted and sentenced to a prison term of 11 years. Grant Thornton
was hired by Koss Corporation to perform audits for Koss. It was alleged
that Grant Thornton, through its team of auditors, should have discovered
the fraud being perpetrated by Ms. Sachdeva and timely reported it to Koss.
R. vs. Christ Hospital, et al., No. 09 L 5749
53 year old female was transferred by helicopter to Advocate Christ Medical
Center from another institution after being involved in an automobile
accident. About two and a half hours after arrival she suffered a respiratory
arrest followed by a cardiac arrest. Her chest cavity injuries should
have been treated by elective chest tube insertion and intubation to avoid
possible respiratory deterioration. She suffered permanent severe brain
damage and the need for 24 hour care over her lifetime due to these failures.
Z. v. Northwestern Memorial Hospital - 96 L 03539
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.
V. v. Lutheran General Hospital, No. 08 L 5859
On March 10, 2004, Plaintiff was pregnant with her first child. Plaintiff
presented to the emergency room at Lutheran General Hospital at approximately
6:00am due to the onset of active labor. Her daughter’s gestational
age was 40 weeks and 5 days. Her daughter was delivered vaginally via
vacuum extraction at 3:31pm by Isabel Gomez, M.D. Upon delivery, the baby
was noted to have several serious health issues, namely the presence of
meconium; neonatal depression; hypoxic ischemic encephalopathy and seizure
disorder. The baby spent three weeks in the pediatric intensive care unit
before being discharged. Karina sustained a brain injury. As a result
of her brain injury, Plaintiff’s daughter has speech problems; attention
deficit hyperactivity disorder; deficits in fine motor and gross motor
skills necessitating braces (AFO) for walking.
B. v. EVENSON EXPLOSIVES, INC. et al., No. 00 L 004450
The defendants failed to warn the plaintiff, a 28-year-old man, to use
a lowering hook when placing explosives in a hole, rather than dropping
them down. The resulting explosion caused him to sustain serious injuries
to his arm, leading to its amputation, and the loss of an eye.
D. v. Condell Medical Center, et al.
- 97 L 196
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.
D. v. Loyola University of Chicago, etc., No. 97 L 16428
On August 29, 1996, The Plaintiffs were visiting their daughter in Lyle,
Illinois when 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,
D. was transferred to Loyola University Medical Center on August 30th. During this hospitalization, D. was further evaluated and scheduled for
cardiac surgery. On September 3rd, while hospitalized and awaiting surgery, 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 vs. University of Chicago, No. 2007 L 9820
Plaintiff’s Decedent was diagnosed with breast cancer. During a biopsy
of her breast she experienced an anaphylaxis attack according to the defense
and medical examiner or a pulmonary embolus according to plaintiff. The
plaintiff further alleged a DVT or pulmonary embolus was never ruled out.
During the hospitalization she was placed on Heparin prophylaxis which
was later discontinued because of a suspected adverse reaction (HIT) without
ordering an alternative anticoagulant. She experienced a fatal pulmonary
embolus two days later.
She was a school teacher who left surviving a husband and daughter.
JURY VERDICT: $7,250,000.00
Last Offer: $2,000,000.00
G. v. Skokie Valley Community Hospital - 81 L 25078
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.
JURY VERDICT: $7,012,000.00
Affirmed on Appeal 91-1742, 269 Ill.App.3d 37, 645 N.E.2d 319 (1994)
T. v. SHAW SUBURBAN MEDIA GROUP, INC., etc., et al., No. 04 LK 000013
This case involved the trial of a defamation case on behalf of an Illinois
Supreme Court Justice. This is the highest defamation verdict and the
highest subsequent settlement for a judge in the United States history.
JURY VERDICT: $7,000,000.00
K. 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 K. was
never advised that the results were abnormal and required cardiac catheterization.
He experienced sudden cardiac death on August 9, 2004.
B. vs. Advocate South Suburban Hospital, et al., No. 13 L 8700
Decedent passed away on June 10, 2012, weeks after giving birth at Advocate
South Suburban Hospital. Following birth she presented twice to the emergency
department at Advocate South Suburban Hospital with complaints of shortness
of breath. At both visits she was found to have leg swelling and an elevated
blood pressure. The emergency room staff did not contact her obstetrician
and she was discharged without diagnosis beyond shortness of breath of
unknown etiology after pulmonary embolism was excluded. Urine testing
was not done to assess for protein. She had normal blood pressures throughout
her pregnancy and labor and delivery. She was experiencing undiagnosed
pre-eclampsia that led to eclampsia on June 1, 2012 when she seized. The
Decedent was survived by her husband and two children. Co-counsel with
Joseph A. Power, Jr.
SETTLEMENT: $ 6,900,000.00
H. v. Duff - 80 L 24276
Child running into street struck by auto which failed to reduce speed to
avoid an accident, resulting in brain damage.
JURY VERDICT: $6,591,344.00
M. v. Northwestern Medical Foundation, et al., No. 04 L 000944
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., 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.
A. v. Advocate Health and Hospitals corporation, etc., et al., No. 01 L 09320
This case involves a minor Plaintiff who fell at school in gym class and
struck the back of his head on a tile floor. 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, 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 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. A. suffered an arrest on the December 18th as a result of increasing intracranial pressure and brain herniation.
C. v. Rush Presbyterian - St. Luke’s Medical Center, et al., No.
02 L 13883
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 Plaintiff 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.
M. v. S&Z Development Co., et al. - 90 L 20375
A 29-year old carpenter, fell through a skylight hole 38-feet to his death
while erecting a skylight on a penthouse roof at the Eugenie Terrace Development.
This was the largest verdict for a wrongful death of a tradesman in Illinois.
It is also the largest wrongful death verdict under the Structural Work
Act in Illinois history. The decedent left a wife and a 5-year old son.
P. v. WGN, No. 96 L 14740
WGN camera man ran red light and injured previously disabled Vietnam veteran.
G. vs. Keyth Security Systems, Inc., et al., No. 12 L 14365
Plaintiff decedents resided in a home in Chicago, Illinois. They installed
a security system in their home through Defendant Keyth Security Systems,
Inc., that included burglary and fire alarms. A fire erupted in their
basement at approximately 2:48 a.m., which sent a signal to Defendant
SAI for low temperature. Neither Keyth nor SAI notified the Plaintiff
decedents, the fire department nor the police. Plaintiff decedents both
died in the bathroom of smoke inhalation trying to escape the fire. When
the police and fire department arrived, no alarms were sounding. In the
opinion of Plaintiff's consultants, the alarm system violated the
municipal code, and was improperly placed, wired and programmed. In addition,
there were significant maintenance issues.
M. v. Northwestern Memorial Hospital, No. 08 L 2061
A 53 year old disabled female underwent a planned two-stage neurosurgical
procedure to correct a severe thoracic kyphosis. Following the second
stage, there was 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.
U.H. v. Gidwitz
Breach of contract: After a complex trial, a Cook County Judge ordered
Ron Gidwitz, Donald Trump’s Illinois finance committee Chairman,
to pay his former attorneys $5.7 million in unpaid legal fees. Judge Patrick
Foran Lustig ruled that Gidwitz breached his contract with Ungaretti &
Harris by refusing to pay fair and reasonable legal fees incurred on his behalf.
S. v. Steven R. Daube, D.O., et al., No. 05 L 4140
On August 14, 2003, Decedent, a single, twenty-two-year-old female underwent
laparoscopic out-patient surgery at Hinsdale Hospital. Following her surgery,
Tricia was discharged from Hinsdale’s post-operative recovery unit
by the nursing staff despite having, what the family described as, complaints
of feeling faint, nausea and severe pain in her abdomen. She was discharged
from the Out-Patient Surgi Center at 7:00 p.m. on the evening of August
14, 2003. She returned to Hinsdale Hospital at 12:30 a.m. on August 15th with severe abdominal pain and was admitted. Her condition worsened throughout
the day and she was eventually taken back to surgery at 6:30 p.m. Prior
to beginning the exploratory surgery to determine the cause of her severe
abdominal pain, she aspirated during anesthesia induction. During surgery,
another surgeon identified the perforation to her small bowel and repaired
it. Unfortunately, her condition deteriorated and she died the following day.
H. v. AIRBORNE EXPRESS, CO., No. 01 L 01234
H., a 13 year old minor, sustained a traumatic brain injury (TBI) on June
20, 2000 when he was struck by an Airborne Express / DHL delivery van
at the intersection of Devon and Oakley Streets in Chicago, Illinois.
At the time he was struck, H. was traveling eastbound on the northern
sidewalk of Devon Street and was struck by the northbound Airborne Express
delivery van as it proceeded northbound on Oakley from a Stop sign. Plaintiff
maintained that H. had the right of way and that the defendant was operating
his vehicle too fast for conditions and was negligent for failing to yield
to a pedestrian in the crosswalk. Defendants maintained that H. emerged
from behind an illegally parked vehicle and entered the crosswalk too
fast for the driver to stop his vehicle. The defense further maintained
that H. was not injured to the extent claimed by Plaintiffs. H. is now
an adult and lives independently in a supervised living environment.
K. vs. Manitoqua Ministries, Inc., No. 14 L 3021
Plaintiff’s decedent was a 15 year old camper at defendant camp.
During a day trip to the beach in New Buffalo, Michigan, the camp counselors
failed to supervise the campers and allowed them into the water. Red flags
were posted indicating unsafe and hazardous water conditions, including
rip currents. Plaintiff’s decedent was swept underwater by a rip
current resulting in his death. The summer camp failed to properly train
its counselors and supervise its campers resulting in the drowning of
a three sport athlete.
O. v. COUNTY OF COOK, No. 02 L 3242
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, but 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.
S.S., Individually and as Independent Administrator of the Estate of M.S.,
Deceased v. Advocate North Side health Network d/b/a Advocate Illinois
Masonic Medical Center, No. 14 L 008156 (Cook County)
Medical Malpractice: After receiving a history of a patient falling out
of a cab going 25-35 miles an hour, hospital staff, including trauma,
neurosurgeons and nurses, provided inpatient care to Decedent. On the
sixth day of hospitalization, the neurosurgical service and the nursing
staff failed to do timely neuro checks, obtain CT scanning, and failed
to diagnose increasing intracranial pressure, which had occurred in a
delayed fashion following head trauma. That resulted in brain stem herniation
and death. The patient was 46 years old at the time of his passing. He
is survived by his wife, who remarried prior to trial, and their two minor
children. Lead counsel Joseph A. Power, Jr.
G.M. and N.M. v. Northwestern Memorial Hospital, No Lawsuit Filed (Cook County)
Medical Malpractice: 61-year-old male underwent a colonoscopy, and a possibly
palpable nodule was identified within the colonoscopy report. The report
was reviewed by the ordering primary care physician; however, no further
workup was obtained, whether by urologic consultation or a PSA testing.
Approximately, one year later, the primary care physician did order a
PSA and urologic consult, which revealed abnormalities, prostate cancer,
and lymph node involvement. Due to increased risks of mortality associated
with delayed diagnosis, this case was settled without the need for filing.
Lead counsel Joseph A. Power, Jr.