F. v. Safelite Group, 10 L 7384
Automobile: Multi-party motor vehicle collision arising out of a left turning
vehicle that was struck from behind and caused to strike an oncoming motorcycle
in the opposing lane carrying Plaintiffs, who are husband and wife.
Todd A. Smith represented a number of individuals who were involved in
a commercial airplane crash. He, along with the assistance of attorneys
Brian LaCien and Jonathan Thomas, recovered over $93 Million on behalf
of their clients. Notable settlements included a $16,900,000 settlement
on behalf of a 36-year-old female who suffered multiple fractures and
ultimately required the amputation of her left leg; an $8,000,000 settlement
on behalf of a 32-year-old female who suffered numerous cervical and lumbar
vertebrae fractures requiring a posterior surgical fusion of C1-C2; a
$7,500,000 settlement on behalf of a 54-year-old male who died as a result
of the crash; a $5,800,000 settlement for a 52-year-old female who suffered
multiple vertebrae fractures causing nerve damage and requiring multiple
past and future spinal surgeries, pain management, and rehabilitative
therapy; and a $3,750,000 settlement for a 49-year-old woman who fractured
her Th11 and Th12 vertebrae and required a surgical spinal fusion of the
TH11 to L1 vertebrae.
Result: Over $93,000,000.00
C.A. v. S.N.A. - Multiple court numbers in several states
(2015) Aviation/Product Liability: 20 year old male passenger in a small
aircraft being piloted by a 20 year single male. Both individuals were
traveling in the plane as part of the Aviation Program at their University.
The aircraft became unflyable and crashed when the right cabin door completely
opened during flight. The 20 year old pilot was burned over nearly 50%
of his body due to the crash. The 20 year old passenger was severely burned
and died days later. Due to jurisdictional concerns, causes of action
had to be filed in several venues. Plaintiffs alleged that the locking
system on the aircraft doors was defectively designed. Co-counsel with
D.Z., as Special Administrator of the Estate of M.R., Deceased v. Northwestern
Memorial Hospital, 15 L 000728
(2015) Medical Malpractice: 40 year old female delivered twins at Northwestern
Memorial Hospital on February 13, 2014. Despite evidence of lower extremity
clotting and high risk status for DVT development, no therapeutic anticoagulation
was initiated, nor was a lower extremity venous doppler performed. Additionally,
telemetry monitoring previously in place for post-partum cardiomyopathy
risks was prematurely discontinued on February 21, 2014. The decedent
experienced pulmonary embolism from her lower extremities, cardiopulmonary
arrest and was pronounced on February 22, 2014 at Northwestern Memorial
Hospital. The decedent was survived by her husband and newborn twins.
SV, Individually and as Mother and Next Friend of JV, a minor v. local
Chicagoland hospital, 13 L 012322
(2015) Medical Malpractice: On February 4, 2009, in the late a.m., SV
was admitted to the hospital’s labor and delivery unit at almost
39 weeks gestation. An external fetal monitor was applied but despite
changes in the tracings, including the lack of accelerations, the presence
of occasional late decelerations and minimal variability, no testing was
done to assess fetal well-being, nor was an effort made to move towards
emergency caesarian section until an acute bradycardia developed. The
baby was delivered at 6:15 p.m. Additionally, despite obvious deterioration
in the fetal monitor tracings, Pitocin augmentation was initiated. Pitocin
augmentation is contraindicated in this setting. JV was delivered and
experienced hypoxic ischemic encephalopathy. The minor’s impairments
are physical and are mild: his gait requires bracing and he has fine motor
coordination difficulties in his upper extremity. The hospital was self-insured
at the time of this settlement. Co-counsel with Joseph W. Balesteri.
T.R., Individually and as Independent Administrator of the Estate of J.J.,
Deceased v. The University of Chicago Medical Center, 2009 L 005219 (2014) Medical Malpractice: 21 year old African-American male was shot
in the head and a few months later, while at home, experienced episodes
of agitation and confusion. He was taken to The University of Chicago
where he was hospitalized for a few weeks, trying to identify the cause.
After ruling out a number of conditions, healthcare providers diagnosed
acute disseminated encephalomyelitis (ADEM). One of the treatments for
ADEM is therapeutic plasma exchanges, known as PLEX therapy. PLEX therapy
has the side effect of prolonging clotting times as blood factors and
other impurities are removed through the plasma exchange process. After
receiving his fourth and final PLEX therapy, the large bore Quinton catheter
in his right internal jugular was removed. This decision violated the
standard of care according to Plaintiff's experts as it exposed the
patient to significant bleeding and the potential for air embolism. Here,
coughing and bleeding occurred over the next few hours. Later in the evening
a Code event occurred followed hours later by another Code event and the
patient's death. Plaintiff contended that air embolism took place
when the Quinton catheter was removed, allowing air to be entrapped as
continued bleeding occurred from the internal jugular vein resulting in
the patient coughing, sweating and ultimately experiencing radiographic
changes in his lungs. Patient is survived by his mother and father and
three half-sisters and a half-brother. Co-counsel with Joseph W. Baleseri.
A.R., Guardian of the Estate of G.C., a disabled person v. Paramount Pictures, et al., 10 L 11309
(2012) G.C. was an extra in the movie production of Transformers: Dark
Side of the Moon. On September 1, 2010, G.C. was driving her own car along
with 70-100 other vehicles on Cline Avenue in Hammond, Indiana during
filming of the aforesaid movie. During filming, a stunt was performed
in which an explosion followed by a stunt car being violently flipped
over. The cable pulling the car broke free from the stunt car along with
a large iron bracket, which was propelled across lanes of traffic into
G.C.'s car windshield and then her head.
G.B. v. KPMG, LLP, 00 MR 44 (Peoria County)
(2000) Accounting Malpractice: Plaintiff contended that the Defendant should
have advised him to conduct his business activities in a manner that he
would have paid less taxes.
T.D. v. Elite Cartage, et al., 08 L 8426 (Cook County)
(2008) Commercial Trucking Negligence: Plaintiff sustained significant
personal injuries when he was struck as a pedestrian in a parking lot
by a commercial trailer. The trailer had separated from a tractor driving
across the parking lot and struck Plaintiff as he stood facing in the
opposite direction and placing packages in the trunk of his car. The trailer's
brakes were significantly out of adjustment and were fully defective.
P.F. and M.F. v. A.J. Canfield Co., et al., 95 L 9447 (Cook County)
(1995) Automobile Collision: 28 year-old Polish immigrant/house painter,
injured when his automobile was making a left turn and he was struck by
a delivery truck that was traveling too fast for conditions. This case
was recorded as a record verdict in a mild brain damage/closed head injury case.
D.E. v. Hemker, et al., 09 L 23 (Ogle County)
(2013) Injury/Wrongful Death: A semi-tractor trailer/motorcycle collision
at an intersection in Rochelle, Illinois caused the death of the driver
and severe injury of his passenger. Record verdict in an injury/wrongful
death case in Ogle County. Co-counsel with Joseph A. Power, Jr.
M.W. v. Campground, et al., 11 L 13592 (Cook County)
(2013) Wrongful Death: A 15-year-old camper was attending summer camp in
Decatur, Michigan. During a group swim after nightfall, he struggled in
the water unobserved by staff members and drowned.
R. v. Provena, et al., 04 L 306 (Cook County)
Medical Malpractice: Plaintiff was admitted too Provena for labor and delivery.
She had an epidural injection performed for pain control during labor
by an anesthesiologist. The epidural test dose contained Sufenta and was
therefore an improper dose because Sufenta can result in respiratory compromise
if administered in the subarachnoid space. R. experienced immediate post-injection
signs of respiratory deterioration and her healthcare team failed to timely
respond. Plaintiff's baby was born without neurologic injury but Plaintiff
was left catastrophically brain damaged.
B.R. v. CBOE, et al., 04 L 1954 (Cook County)
(2012) Premises Liability: Plaintiff fell at the Chicago Board of Options
Exchange while on the trading floor. He had been a trader at the exchange
for approximately 15 years. According to a witness, a wooden board near
the top step of a two-step stairway caused Plaintiff's fall. The witness
also indicated that Plaintiff struck his head as a result of the fall.
L.P., Mother & Next Friend of J.R., a minor v. St. Francis Hospital
of Evanston, et. al., 04 L 4942 (Cook County)
(2008) Medical Malpractice: L.P., a term mother, was inadequately monitored
by hospital personnel during her labor and delivery course and bradycardia
in her baby was not timely detected. The delay in delivery of J.P. resulted
in her suffering permanent severe choreoathetoid cerebral palsy. Co-counsel
with Joseph W. Balesteri.
G. v. Bennet Braun, M.D., et al., 03 L 12779 (Cook County)
Psychiatric Malpractice: Plaintiff sought treatment for mild depression
from Dr. Braun at Rush-Presbyterian. It was alleged that the doctors used
improper techniques to convince her that her depression was caused by
sadistic child abuse that was too traumatic for her to recall consciously.
Northern Trust Company and I.D., as Co-Guardians of the Estate of A.D.,
a Minor, and I.D. v. Advocate Lutheran General Children's Hospital, No. 01 L 11847 (Cook County)
(2007) Medical malpractice: Two day old infant with Down Syndrome underwent
surgery for bowel obstruction. A central venous catheter was incorrectly
placed and allowed administered fluid to penetrate the heart wall resulting
in cardiac arrest and permanent and severe brain injury. Co-counsel with
Joseph W. Balesteri.
K.K. and M.K. v. American Home Products, et al., 99 L 6794 (Cook County)
Products Liability: Although blindness and vision loss had been associated
with the drug Cordarone since 1985, Defendants failed to alert the medical
community of the risk and in February 1997 K.K. was prescribed Coradone
for a heart rhythm disturbance. K.K. lost his vision in the summer of 1997.
G.D. v. Lutheran General Hospital, No. 00 L 8534 (Cook County)
(2007) Medical malpractice: Newborn, born 08/11/86 experienced brain damage
from a maternal infection that crossed the placenta. Defendants failed
to timely deliver the fetus to avoid permanent brain damage. Co-counsel
with Joseph W. Balesteri, Phillp F. Maher, and William J. Harte.
A.M.H., a minor, by and through her Father and Mother as next friends,
J.P. H. and C.H., Individually v. University of Chicago Health Systems, et. al., No. 02 L 2696 (Cook County)
(2006) Medical malpractice: Two year old child underwent surgery at the
University of Chicago Hospital to remove a large liver mass. The anesthesiologist
should have placed an arterial line in a location other than A.'s
right leg which had experienced vasospasm the previous day. Shortly after
placing the arterial line the arterial wave form was lost. A.'s right
extremity was not checked until after the procedure about six (6) hours
later. When A.'s right leg was checked, it was cool, dusky and blue.
A. required emergent vascular surgery. The extremity was salvaged however
A. lost all feeling in her leg below her knee. Co-counsel with Joseph
M.B. v. Mohan Airan M.D., No. 00 L 013288 (Cook County)
(2005) 12 year old female died from cardiac tamponade after a central venous
catheter, placed following abdominal surgery, caused fluid administration
into her pericardial sac. Co-counsel with Joseph W. Balesteri.
B.L., E.S. v. Village of Barrington Hills, et al., 98 L 4793 (Cook County)
Automobile collision: A Barrington Hills police officer stopped suddenly
on Route 63, purportedly to chase another vehicle that was speeding in
the opposite direction. The sudden stop caused another vheicle to swerve
and strike plaintiffs head-on. Plaintiff was 8 months pregnant and despite
an emergency c-section, the fetus suffered brain damage.
S.B., as administrator of the estate of J.B. v. Advocate Health and Hospitals
Corp., et al., 97 L 16705 (Cook County)
Medical Negligence: In December of 1996, C.B. was awakened by a sudden
onset of upper back pain which kept him from sleeping. He presented to
the Defendant Hospital's emergency room, was examined and a chest
x-ray was taken. He was discharged with a diagnosis of back pain, only
to return later that evening with an advanced aortic dissection. He does
shortly before the completion of emergency surgery.
J.E. and R. E. v. Scott Thorndike and Thoms Proestler Company, 00 L 85 (Rock Island County)
Automobile/Truck Collision: A 39-year-old Illinois farmer was struck by
Defendant's truck on Interstate 80 near Geneseo, Illinois. He suffered
multiple bilateral leg fractures. The case was reported as a Rock Island
County record result.
R.M v. Michael D. Kornblatt, M.D., et al., No. 00 L 14275 (Cook County)
(2005) Medical Malpractice: 48 year old male experienced incomplete quadriplegia
on December 23, 1998 when his cervical discs herniated into a congenitally
narrowed spiral canal. The defendants failed to refer the plaintiff for
an MRI between December 11 and December 23 1998 when they were advised
of his neck pain symptoms with radiation into his right arm. Co-counsel
with Joseph W. Balesteri.
T.B. v. Sherman Hospital, a corporation. et al., No. 00 L 14977 (Cook County)
(2004) Medical Malpractice: 48 year old female entered Sherman Hospital
on an elective basis to treat heart and vascular conditions. She underwent
carotid artery surgery and coronary artery stenting which included femoral
artery access. Due to a failure to monitor her vital signs, staff of the
hospital were unaware of retro-peritoneal bleeding from the site where
the femoral artery sheath was removed after surgery. An arrest as a result
of blood loss resulted in her death. Co-counsel with Joseph W. Balesteri.
The Northern Trust Company v. Bradley Allen, M.D., No. 98 L 5560 (Cook County)
(2004) Medical Malpractice: 19 year old female underwent mitral valve surgery
for rheumatic heart disease and experienced an air embolus due to errors
in surgical technique resulting in brain damage and quadriplegia. Co-counsel
with Joseph W. Balesteri.
The Northern Trust Company v. Advocate Health and Hospitals Corporation
d/b/a Advocate Christ Hospital and Medical Center, No. 00 L 3444 (Cook County)
(2004) Medical Malpractice: 17 year old female hospitalized for rehabilitation
during recovery from a motor vehicle accident after two brain surgeries,
was prescribed anticoagulation therapy for a blood clot in her neck. This
therapy was inadequately monitored causing subarachnoid hemorrhage, a
cardiopulmonary arrest and additional brain injury causing a minimally
conscious vegetative state. Co-counsel with Joseph W. Balesteri.
W.R. v. Sudershan D. Saxena, M.D., et. al., No. 00 L 7745 (Cook County)
(2003) Medical Malpractice: 68 year old male was given an epidural injection
while he was on Plavix, an antiplatelet agent. An epidural hematoma developed
but over 3.5 hours passed before transfer for emergent neurosurgical care
was effectuated. The epidural hematoma resulted in paraplegia. Co-counsel
with Joseph W. Balesteri.
K.H. v. Waste Management, Inc., et.al., No. 98 L 53 (DeKaIb County)
(2003) Automobile: 23 year old male was killed when his motorcycle encountered
power steering fluid which had leaked from a truck that had been negligently
maintained. The sole heir in this wrongful death action was the decedent’s
daughter who was not born until six months after her Dad’s passing.
Co-counsel with Joseph W. Balesteri.
A.K. v. Rush-Presbyterian St. Luke's Medical Center, et. al., 98 L 13165 (Cook County)
(2003) Medical malpractice: Nine month old boy underwent ventriculoperitoneal
shunt revision surgery and two months later experienced permanent brain
damage due to negligent surgical technique and surveillance. Co-counsel
with Joseph W. Balesteri.
P.S. v.Columbus Hospital, et. al., No. 99 L 8486 (Cook County)
(2003) Medical malpractice: 72 year old female passed away during an angioplasty
procedure due to perforation of her coronary vessel and the failure of
the hospital and health care providers to arrange for cardiovascular back-up.
Co-counsel with Joseph W. Balesteri.
M.R. v. The University of Illinois Hospital, No. 98 L 467 (Cook County)
(2001) Medical malpractice: 58 year old man at known high risk for myocardial
infarction, underwent vascular surgery for long-standing diabetes, suffered
cardiopulmonary arrest the day following surgery, resulting in his death.
Co-counsel with Joseph W. Balesteri.
M.R. v. Loyola University Medical Center, et. al., No. 98 L 9369 (Cook County)
(2001) Medical malpractice: During a laparoscopic cholecystectomy, 40 year
old woman suffered injuries to her common bile duct resulting in subsequent
drain placement for infection and later surgical repair to allow for proper
flow of bile from the liver through the common bile duct. Co-counsel with
Joseph W. Balesteri.
M.G. v. Saint Marv of Nazareth Hospital, No. 96 L 14398 (Cook County)
(2001) Medical malpractice: 61 year-old man after suffering a TIA or stroke
was given Heparin therapy. A brain hemorrhage from excessive Heparin administration
occurred within 24 hours causing death. Defendants argued that the hemorrhage
was from a stroke in evolution and was a risk of Heparinization. Co-counsel
with Todd A. Smith
D.H.v. The University of Chicago Hospital d/b/a Wyler Children’s
Hospital; J. Dean Waldman, M.D., Court No. 94 L 16986 (Cook County)
(2000) Medical Malpractice: 11 year-old girl being treated for cardiac
rhythm disturbances suffered an arrhythmia while showering at home and
passed away on April 29, 1994. Defendants University of Chicago Hospitals
and Dr. J. Deane Waldman failed to address her condition with appropriate
medication and failed to provide her family, with information and recommendation
of an implantable cardiac defibrillator during the 18 months she was under
their care. Co-counsel with Joseph W. Balesteri.
A.S., Administrator of the Estate of D.J., deceased v. USAir, Inc., et al., 95 L 2685 (Cook County)
Wrongful Death; Aviation: D.J., 28, wife and mother of two, was on USAir
Flight 427 when it crashed in Aliquippa, PA on September 9, 1994, killing
127 passengers and 5 crew members. Extensive discovery uncovered a defect
in the rudder system of the Boeing 737-300. This was reported as a record
settlement for the wrongful death of a woman in an aviation liability case.
N.B. v. Yolanda DelaCruz, et al., 95 L 18 (Lee County)
Medical Negligence: N.B., 60, following knee replacement surgery, was left
on epidural anesthesia despite increasing neurological defects in her
lower extremities, resulting in permanent paraparesis. This represented
a record settlement in a personal injury case in Lee County and the Northwest
County region of Illinois.
R.T. and T. T., co-special administrators of the Estate of G.T., Deceased
v. Forest Preserve District of DuPage County, et al., 97 L 327 (DuPage County)
Wrongful Death: 5-year-old G.T. was a passenger in the rear of her mother's
vehicle when they were struck by a Forest Preserve District truck. G.T.
suffered massive head injuries resulting in her death shortly following
the impact. This was reported as a record wrongful death settlement in DuPage.
J.O., Independent Administrator of the Estate of D.O., Deceased v. Lutheran
General Medical Group, et al., 93 L 5823 (Cook County)
Wrongful Death; Medical Negligence: Failure to properly diagnose an abdominal
onstruction and the severance of major blood vessels during surgery which
supplied blood to the liver causing the death of D.O., age 38.
P.B. and M.B., et al. v. Rush-Presbyterian St. Luke's Medical Center, et al., 91 L 8492 (Cook County)
Psychiatric Malpractice: 29-year-old Plaintiff was admitted to Rush-Presbyterian
on a diagnosis of Multiple Personality Disorder. She was hospitalized
there for two and a half years and then out-patient for an additional
four years. During the course of her therapy, she was caused to believe
that she had been involved in satanic ritual abuse, sexual abuse and cannibalism.
This represented a record settlement nationally in a psychiatric malpractice case.
Estate of C.P., a minor v. Children's Memorial Hospital, 92 L 6821 (Cook County)
Medical Malpractice: Failure to diagnose a cardiac tamponade three days
post-cardiac surgery resulting in irreversible brain damage.
Estate of D.E. v. Mercy Hospital and Medical Center, et al., 92 L 4210
Medical Malpractice; Wrongful Death: Significant delay in treating massive
hydrocephalus condition, which resulted in irreversible brain damage for
a five year period until Mrs. Evans' death.
Estate of J.D. v. Dover Elevator Systems, Inc., et al., 90 L 690
Construction Negligence; Wrongful Death: A 29-year-old elevator mechanic
suffered fatal injuries after falling a significant height on a construction site.
L.G. v. Poseidon Pools, 88 L 3655
Product Liability: 16-year-old Plaintiff was injured after diving into
an above-ground pool.
Estate of J.M., a minor v. Children's Memorial Hospital, et al., 92 L 6143 (Cook County)
Medical Malpractice: Improper placement of a central venous catheter resulted
in cardiac arrest and brain damage to the minor Plaintiff.
Estate of K.M., Deceased v. Kubota Tractor, et al., 87 L 5068
Product Liability; Wrongful Death: The 44-year-old Plaintiff was killed
when a defective tractor rolled over.
Estate of D.L., Deceased, et al. v. Chicago Transit Authority, et al., 85 L 20348 (Cook County)
Automobile Collision; Wrongful Death
Estate of W.M., a minor v. Crawford Bus Co., 87 L 649
Auto/Pedestrian; Traumatic Brain Injury: 12-year-old Plaintiff suffered
a severe head injury when he was struck by a bus.
J.B., a minor, by her mother and next friend, L.B. v. Chicago Housing Authority, et al., 82 L 15783 (Cook County)
Premises Liability: 10-year-old Plaintiff suffered Locked-in Syndrome after
she was stabbed in a CHA elevator.
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.
Co-counsel with Joseph A. Power, Jr.