These cases are just a few of the most recent results achieved by the firm.
Judgment: $6,500,000.00 – Wrongful Death, Trucking Collision
This case emanated from a collision that caused the Plaintiff’s death, a husband and father, who was hit head-on in downstate Illinois by a semi-truck. The Plaintiff, a 57-year-old truck driver, was hauling a tanker full of gasoline when the driver of the other semi crossed the highway median and collided with the Plaintiff’s truck. This judgment was featured in the Chicago Daily Law Bulletin.
Settlement: $6,250,000.00 – Pedestrians Injured
The Plaintiffs, a young couple, were pedestrians on a sidewalk and corner in downtown Chicago photographing a wedding party when a city refuse vehicle driven by a city worker jumped the curb and struck the plaintiffs and 6 other pedestrians causing devastating injuries. The injuries to the male Plaintiff included, but were not limited to, a brain injury, requiring surgery, and facial fractures. This case appeared repeatedly in all the local newspapers and on televised local and cable news programs and was settled less than 18 months after Plaintiffs filed the lawsuit.
Settlement: $3,500,000 – Medical Malpractice
Plaintiff, a 26 year old single male, who had elective hernia surgery suffered a lymphatic leak. He had a learning disability that pre-existed the injury and, therefore, had not held full time employment in his adult life.
Settlement: $2,218,665 Verdict: $1,917,119.67
RECORD SETTING HIGH JURY VERDICT-Fractured Shoulder Injury – Biking Accident
This verdict is the largest fractured shoulder verdict in Illinois history. This record-setting verdict was featured in the Chicago Daily Law Bulletin. After 1.5 hours of deliberation following a three-day trial, a jury awarded the Plaintiff a record high $1,917,199.67 for a fractured shoulder in Cook County, that was caused when the Plaintiff fell off his bike in a designated bike route, after striking a street depression on a Chicago street that was negligently created by the city’s street resurfacing crew. The jury awarded 6 out of 9 line items to the penny that had been requested by Regina P. Etherton, while rejecting the City of Chicago’s comparative negligence argument.
Settlement: $2,160,000– Plaintiff a burn victim sustained 2nd and 3rd degree burns.
Settlement: $2,100,000.00 – Disabled Pedestrian Hit by a Truck
Plaintiff, a disabled senior citizen, was crossing an intersection at an unmarked crosswalk in Oak Park when she was struck by a truck. Plaintiff suffered a fracture to her leg and wrist. This case was settled less than 16 months after Plaintiff filed the lawsuit.
Settlement: $1,725,000 – Medical Malpractice
Plaintiff, a middle-aged male, suffered a dural tear after a Chicago area surgeon performed unnecessary lumbar fusion surgery at the L3-L4 level when the pathology and preoperative evaluation only indicated surgery at the L4-L5 level. Plaintiff argued that he only consented to and was only informed of surgery to be performed at the L4-L5 level. Defendants argued the surgery at the adjacent level was how he was trained to access the disc extrusion and that the repair failed due to noncompliance with bedrest as opposed to initial tear. The dural tear resulted in a cerebral spinal fluid leak as well as revision procedures.
Verdict: $1,503,506.85 – Bad Faith Insurance Case
This case stemmed from an underlying personal injury case involving an automobile accident. The defendants’ insurance company refused to provide coverage to the defendants, even though the insurance company had issued a $1,000,000.00 policy to the defendants. Our law firm secured a favorable verdict at trial and successfully defended the declaratory judgment action seeking a determination that the insurance company had no duty to defend its insureds. Our law firm obtained an award of $1,000,000.00 (the policy limit), plus 9% interest from the date judgment was entered in the underlying lawsuit ($503,506.85).
Settlement: $1,300,000.00 – Wrongful Death Pedestrian Accident
Plaintiff, an 83-year-old, was parked unloading luggage from his motor vehicle’s trunk at O’Hare International Airport in Chicago, Illinois, when he was struck by a motor vehicle operated by an elderly driver who believed he was stepping on the brake but instead stepped on the accelerator. The impact resulted in the Plaintiff’s leg being amputated. After complications with his leg amputation, the Plaintiff died. The Plaintiff’s Estate settled with the defendant for his insurance policy limit. The settlement was affirmed by the Appellate Court after an appeal was pursued by a co-plaintiff.
Verdict: $1,051,234 – Medical Malpractice
This case emanated from two medical visits during which a board certified internal medicine physician failed to properly diagnose the Plaintiff’s rash syphilis condition which caused his syphilis to progress to neurosyphilis and resulted in vision and memory issues. Defendants denied being negligent and denied that the plaintiff suffered any permanent injuries. No settlement offers were made at any time. The jury after deliberating only 2.5 hours, awarded the Plaintiff, a gay man who is also HIV-positive, a verdict of $1,051,234. The verdict exceeded the individual defendant physician’s insurance policy limits.
Settlement During Jury Deliberations: $1,000,000 – Medical Malpractice
This case emanated from two annual physical examinations during which Plaintiff’s board-certified treating internist failed to detect a rectal abnormality during digital rectal examinations. This cancerous tumor was discovered by Plaintiff’s treating gastroenterologist during a colonoscopy. Defendant’s failure to detect any abnormality resulted in delayed care and treatment of the tumor. No settlement offers were made until after jury deliberations, when the jury advised the court they were deadlocked 11-1 in Plaintiffs’ favor. The two previously dismissed alternative jurors also confirmed they would have voted for Plaintiffs. Immediately thereafter, defendant offered to settle the matter for $1,000,000, defendant’s insurance policy limits with ISMIE.
Settlement: $1,000,000.00 – Wrongful Death, Medical Malpractice
An infant child was taken to the emergency room of a Chicago hospital complaining of a high fever. The treating physician incorrectly diagnosed the infant’s condition after he failed to perform a complete examination. The next day the infant’s mother took the infant to another Chicago hospital’s emergency room because the infant’s fever had not subsided. The second hospital was not equipped to treat the infant’s condition. Rather than taking steps to transfer the infant, the second hospital made the mother and child wait in the emergency room for several hours without receiving care. After being neglected for nearly four hours, the infant went into respiratory arrest and died shortly after being transferred.
Settlement: $940,000 – Medical Malpractice
This lawsuit emanated from two medical visits during which a board certified internal medicine physician failed to properly diagnose Plaintiff’s rash condition which caused his syphilis to progress to neurosyphilis and resulted in vision issues. Defendants denied being negligent and that plaintiff suffered any injuries. No settlement offers were made prior to trial which resulted in a plaintiff’s verdict for $1,051,243. The parties reached a settlement agreement after defendants’ post-trial motion was denied and before an appeal was filed.
Settlement: $850,000 – Wrongful Death, Nursing Home Neglect
The Plaintiff, a 71-year-old father and husband, was admitted to a nursing home for rehabilitative care for a urinary tract infection. The Plaintiff’s care was neglected, and as a result, he died of sepsis.
Settlement: $750,000 – Medical Malpractice
Plaintiff suffered a minor foot injury while playing flag football and was misdiagnosed as having a displaced fracture of the 5th metatarsal when it was actually non-displaced. Based on the misinterpretation of the plaintiff’s x-rays, an unnecessary open reduction internal fixation surgery was performed which caused nerve damage.
Settlement: $750,000 – Medical Malpractice
Plaintiff’s baby suffered a permanent brachial plexus injury at the time of birth. Plaintiff alleged that defendants failed to thoroughly analyze plaintiff’s prenatal history to determine that her baby in utero likely had macrosomia, requiring the presence of a shoulder dystocia expert during delivery or a C-section and failed to inform plaintiff of the risks associated with macrosomia. Plaintiff claimed that defendants pulled the head of her baby during delivery, causing her baby to sustain an Erb’s Palsy injury. Plaintiff’s child has some decreased range of motion and weakness to the affected shoulder.
Settlement: $750,000 – Wrongful Death, Medical Malpractice
A 17-year-old on Public Aid was transported by ambulance to a Chicago Hospital. He was seen in triage for a history of 9 days of nausea, severe vomiting, and diarrhea. A chest X-ray was obtained which showed cardiomegaly. Liver function tests were significantly elevated. There was no recording of the abnormal liver function tests in any of the physician or nursing notes. There was no indication on the discharge instructions that the Plaintiff or his mother were told of the cardiomegaly and/or the abnormal liver function tests. The defendant discharged the Plaintiff with a diagnosis of Gastritis only. Six days later, the Plaintiff died from congestive heart failure.
Settlement: $625,000 – Wrongful Death, Medical Malpractice
A family practice physician who was not board-certified in obstetrics, undertook the obstetrical care of plaintiff’s high-risk pregnancy and failed to refer plaintiff to a high-risk obstetrics specialist and order follow-up ultrasounds, even though prior ultrasounds indicated an abnormality. When plaintiff went into labor and began bleeding, she and defendant hospital were unable to reach the family practice physician which resulted in a delayed C-section and death of the baby a week later.
Settlement: $600,000 – Wrongful Death, Medical Malpractice
The Estate of the deceased brought an action against a local Chicago Hospital and its doctor after they failed to appropriately evaluate and timely treat an incarcerated hernia. The deceased, an employed 35-year-old male, went to the emergency room for treatment for an incarcerated hernia and died from cardiac arrest at the induction of anesthesia. The decedent left surviving four minor children.
Settlement: $600,000 – Bicyclist Accident (2011).
The Plaintiff, a 49-year-old woman, was crossing the street in the crosswalk at Cermak and 17th when the Defendant driver executed a right hand turn while looking at a construction zone to his left. The driver failed to see the Plaintiff pedestrian legally crossing the street, and struck her with his vehicle. The Plaintiff suffered knee fractures that required surgery. This case appeared in the news.
Settlement: $575,000 – Outdoor Café Patron Fall
Plaintiff, a 45 year-old sales executive, was being seated in a downtown Chicago sidewalk café when her shoe heel became caught in a tree grate that did not comply with city requirements causing her to fall and suffer an ankle fracture. Defendants argued that Plaintiff was at fault for the fall because she was intoxicated and wore high heel shoes.
Settlement: $500,000 – Wrongful Death, Medical Malpractice
The Estate of the Deceased brought an action after the decedent died of a heart attack due to the Defendant doctor and his office’s failure to diagnosis and treat the decedent’s underlying heart problem. This case was featured in the Chicago Daily Law Bulletin.
Settlement: $500,000 – Medical Malpractice
A 9-month pregnant plaintiff suffered from hypertension and preeclampsia, when she appeared for her regularly scheduled examination and complained of decreased fetal movement. She was sent to the labor and delivery room to have fetal monitoring and for possible delivery. The Defendants sent the mother home with instructions to urinate in a bucket and return to the hospital two days later. That same day, the fetus suffocated in utero as the cord became wrapped around his neck.