A.A. v. Carla Burdock, et al., No. 14 L 2727 (2018 - Cook County)
Medical Malpractice: 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. Co-counsel, Joseph A. Power,
Jr. and Joseph W. Balesteri.
Settlement: $35,000,000.00
M.A. v. Woodharbor Millworks, et al., 13 cv 6849 (2016 – Cook County)
Trucking Negligence: The Plaintiff was struck and partially run over by
a right-turning truck as she began to cross the street while on her bicycle.
The Plaintiff suffered injuries to her pelvis and abdomen, requiring the
use of a diverting colostomy which may or may not be permanent. Additionally,
the Plaintiff suffered from symptoms of PTSD. The Plaintiff was unmarried
and not working at the time of the collision. Co-counsel Larry R. Rogers, Jr.
Settlement: $7,750,000.00
Estate of J.T. v. M.C., 11 L 11030 (2014 – Cook County)
Trucking Negligence: The Decedent was attempting to cross the street in
a crosswalk in her motorized wheelchair when a truck driver failed to
stop at a stop sign and struck her. The Decedent suffered eviscerating
injuries to her lower extremity, which lead to her death shortly thereafter.
The Decedent was unmarried and unemployed at the time of her death, and
is survived by four adult children, two of whom lived out of state. Co-counsel
Larry R. Rogers, Jr.
Settlement: $5,500,000.00
J.D. v. Undisclosed Hospital, 2011 L 7385 (2014 - Cook County)
Medical Malpractice: The Plaintiff underwent sinus surgery as a remedy
for recurring upper respiratory infections. Plaintiff alleged that the
operating physician negligently penetrated the orbit and severed the optic
nerve, several muscles and tissue supporting and controlling the Plaintiff’s
right eye, resulting in partial blindness, inability to control eye movement,
as well as chronic pain.
Co-counsel Joseph A. Power, Jr.
Settlement: $5,000,000.00
N.W. v. Advocate (2015 - Cook County)
Medical Malpractice: The Plaintiff’s Decedent presented to the Defendant
hospital in the early morning complaining of a sickle cell crisis. Plaintiff
alleged that due to a failure to properly and timely monitor and treat
Plaintiff’s Decedent over the next 36 hours, the Decedent developed
acute chest syndrome, which caused her death. Defendants claimed that
the Decedent’s acute chest syndrome developed rapidly due to a fat
embolism, and that intervention would not have prevented her death. Co-counsel
Larry R. Rogers, Sr.
Settlement: $4,750,000.00
J.M. v. Advocate Illinois Masonic, 14 L 10562 (2018 – Cook County)
Medical Malpractice: A 70-year old female went into Advocate Illinois
Masonic for a planned thyroidectomy due to the development of a massive
goiter. During surgery, she suffered a stroke. Plaintiff alleged that
the stroke was caused by deep anesthesia and resultant hypoperfusion to
her brain. Defendants maintained that the stroke was embolic and caused
by dislodged plaque due to manipulation of the right carotid artery in
order to remove the massive tumor. The Plaintiff suffered weakness on
her left side as a result of the stroke and required the use of a cane
and/or walker to get around. She was already retired at the time of the
stroke. There was a $100,000 offer prior to trial. The $4.6 Million verdict,
included an award of $2 Million for emotional distress. Co-counsel Larry
R. Rogers, Jr.
Verdict: $4,600,000.00
Estate of M.G. v. CTA,
10 L 11637 (2015 - Cook County)
Bus Negligence: The Decedent was attempting to cross the street when she
was struck by a left-turning CTA bus and ultimately run over by its rear
tires. Defendants contended that Decedent was distracted and on her phone
at the time of the collision. Initially, the CPD and CTA believed another
vehicle was involved in the collision and that Decedent was struck by
that vehicle and somehow forced under the bus as she was crossing the
street on the east side of the bus’ turn. Through the use of video
from a CPD camera, video from the rear of the CTA bus, and reconstruction
efforts, Plaintiffs’ counsel determined that no other car was involved
in the collision and that Decedent had actually been on the west side
of the bus as it was making its turn, and was struck due to the phenomenon
of off-tracking. Decedent was a mother of two, and was separated from
her husband, the father of her first child, and living with her boyfriend,
the father of her younger child. Co-counsel Thomas M. Power.
Settlement: $4,300,000.00
Estate of K.R. v. Children’s Memorial Hospital (2017 – Cook County)
Wrongful Death/Medical Malpractice: The minor Decedent was born with a
congenital heart defect. Plaintiffs allege that the Defendant did not
obtain their consent before converting a diagnostic procedure to an interventional
procedure and negligently elected to place a plug in an attempt to occlude
the minor’s collateral vessel. After failing to obtain total occlusion,
the Defendant placed a second, larger Plug and caused perforation of the
vessel and for the minor Decedent to exsanguinate and die. Co-counsel
Larry R. Rogers, Jr.
Settlement: $3,000,000.00
Estate of C.D. v. University of Chicago Hospitals (2016 – Cook County)
Wrongful Death/Medical Malpractice: In June 2014, Decedent was treated
in the University of Chicago Hospital's emergency room, but was discharged
without being told that she had a mass in her right lung. In March 2015,
Decedent was diagnosed with cancer in her right lung. She succumbed to
the disease on July 28, 2015 at age 80 (survived by her husband and three
adult children). Lawsuit alleged delay in diagnosis/treatment of her lung
cancer. Co-counsel Larry R. Rogers, Jr.
Settlement: $2,500,000.00
D.L. v. Area Hospital (2017 – Cook County)
Medical Malpractice/Birth Injury: Plaintiffs’ alleged that the decedent
physician failed to recognize the presence of a shoulder dystocia, despite
numerous risk factors including the application of a vacuum at a high
station, and applied excessive downward traction in order to effectuate
the delivery, thereby causing the baby to supper a permanent brachial
plexus injury. Defendants disputed the presence of a shoulder dystocia
and maintained that Plaintiff’s injuries were the result of the
internal forces of labor. Co-counsel Pamela Pantages of Nurenberg Paris
Verdict: $2,000,000.00
Estate of L.B. v. Westlake Hospital (2016 – Cook County)
Wrongful Death/Medical Malpractice: The Decedent died from a pulmonary
embolism eight days after undergoing surgery at Westlake Hospital allegedly
because she did not receive appropriate anticoagulation medication post-operatively.
Plaintiff alleged that the Defendant care providers failed to appreciate
the patient's risk factors for developing deep vein thrombosis (DVT)
and pulmonary embolism. Defense argued that pharmacologic intervention
was not necessary because the patient was ambulating adequately post-operatively.
Co-counsel Larry R. Rogers, Sr.
Settlement: $2,000,000.00
Estate of B.C. v. Rush University Medical Center (2016 – Cook County)
Wrongful Death/Medical Malpractice: Plaintiffs allege that Decedent was
admitted for a routine hip replacement surgery. During his post-operative,
inpatient treatment, his care providers failed to recognize the presence
of an ileus and, after Decedent began to experience difficulty breathing,
the anesthesia service attempted an intubation but failed to protect Decedent's
airway, which caused Decedent to go into cardiac arrest and pass away.
Co-counsel Larry R. Rogers, Jr.
Settlement: $1,500,000.00
City of Marseilles v. Ingram Barge (2016 – LaSalle County)
Maritime/Property Damage: The City of Marseilles, Illinois suffered severe
flood damage after barges owned and operated by Ingram Barge Company allided
with the Marseilles dam on the Illinois River, adjacent to the City center,
which impeded the flow of water through the dam and caused significant
flood damage to sewer, roads, and other City property.
Settlement: $1,200,000.00
S.G. v. MetroSouth Medical Center, 14 L 11391 (2018 - Cook County)
Medical Malpractice: The Plaintiff presented to MetroSouth for the performance
of an MRI. Plaintiff maintained that the IV catheter was improperly placed
in a small vein in the dorsum of the Plaintiff’s thumb, which caused
an extravasation injury to occur. The Plaintiff developed a compartment
syndrome in her non-dominant hand, which required two surgeries and physical
therapy. Co-counsel Joseph A. Power, Jr.
Settlement: $750,000.00
M.B. v. Undisclosed Carrier (2018 – Cook County)
Premises/Trip and Fall: The Plaintiff was exiting the aircraft at O’Hare
International Airport, when she stepped into the gap between the aircraft
and the jet bridge and fell forward onto the jet bridge injuring her ankles,
knee, and low back.
Settlement: $512,000.00
G.C. v. Menard, Inc., 09 L 15647 (2012 – Cook County)
Premises: The Plaintiff fell and suffered a severe fracture to her humerus
requiring a partial shoulder replacement after tripping over an unseen
hazard in the cart corral of a Menards home improvement store. Co-counsel
Thomas M. Power.
Verdict: $425,048.25
R.J. v. Vito Migliore, 11 L 3572 (2012 – Cook County)
Auto: The Plaintiff, a 50 year-old male, was riding his bicycle in a designated
bike lane on Southport Avenue when he was struck by Defendant's vehicle,
which was making a left turn into a CVS parking lot. The Plaintiff sustained
injuries including a dislocated shoulder and rotator cuff repair. Co-counsel
Joseph W. Balesteri.
Settlement: $240,000.00
F.B. v. First Luna Taxi Cab Co. (2017 – Cook County)
Automobile collision: The Plaintiff was a passenger in a taxicab that
ran a red light and was involved in a collision. Defendants admitted liability
shortly before trial. Plaintiff suffered a post-concussive syndrome. The
offer prior to trial was $60,000.
Verdict: $160,000.00
M.B. v. 1420 Sheridan Condo. Corp., 13 L 0883 (2013 – Cook County)
Negligence: The Plaintiff, a 93 year-old female, was pushed and caused
to fall to the ground when she was struck by a luggage cart that was being
pushed instead of pulled by a doorman at a condominium building. The Plaintiff
suffered a non-displaced proximal humerus fracture in her dominant arm.
Co-counsel Todd A. Smith.
Settlement: $100,000.00
