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Verdicts & Settlements

Verdict Amount:

$22,565,618.98

T.A. v. Rush Presbyterian St. Luke’s Medical Center, et al

The plaintiff, a 49-year-old taxi driver, arrived at Rush Presbyterian St. Luke’s Medical Center after undergoing open-heart bypass surgery at another Rush hospital several days prior. During the course of the next several days the plaintiff developed compartment syndrome, a condition affecting the circulation in his legs, and subsequently had to undergo above-the-knee amputations of both of his legs. Several defendants settled during the course of the trial and the verdict was awarded for T.A. and his wife and against the hospital and several staff physicians.

Verdict Amount:

$19,200,000.00

Estate of W.T. v. Preferred Unlimited, Inc., et al

W.T., a 28-year-old tool-and-die maker, was a passenger in a car that was rear-ended by a semi-tractor trailer, driven by a truck driver who later tested positive for cocaine and marijuana. As a result of the impact, the car in which W.T was riding was thrown into the oncoming lane where it was struck by another semi-tractor trailer. W.T. died at the scene and was survived by his wife and two sons, ages four and five.

Settlement Amount:

$15,000,000.00

T.M., a minor, v. Confidential Chicago Area Hospital

T.M. was born with a congenital birth defect known as “gastroschisis,” which causes the intestine to protrude through the fetal abdominal wall and float freely in the womb. A delay in treatment, in combination with improper treatment, resulted in necrotic bowel requiring several surgeries including an intestinal transplantation surgery before the boy was 18 months old. This settlement provides for necessary life-long medical care.

Settlement Amount:

$10,000,000.00

S.J. v. Confidential Chicago Area Hospital

S.J., a healthy 70-year-old woman, went to the emergency department of a local hospital because she was experiencing fever, chills, fatigue and pain. Despite clear indications of a sepsis infection in the emergency department, she was discharged from the emergency department and sent home the same day. The next day, S.J. returned to the hospital with persistent symptoms. She was diagnosed with sepsis and septic shock and, as a result of the delay in diagnosis and treatment, she developed multi-organ system failure leading to bilateral below-the-knee amputations and the amputations of several fingers.

Verdict Amount:

$9,000,000.00

Estate of R.D. v. Larry Mitchell, M.D.

R.D., a single mother, presented to the hospital emergency room with shortness of breath and pain. She was misdiagnosed with sepsis, rather than the correct diagnosis of a blood clot, and subsequently died of a massive pulmonary embolism. R.D. was a single mother who was survived by several minor children.

Settlement Amount:

$7,100,000.00

Estate of D.V. v. Ro-Mar Transportation

D.V., a security guard, was walking from his place of employment to a bus stop when he was struck, dragged and killed by a semi-tractor operated by an employee of the defendant trucking company. D.V. was survived by his wife and two teenage children. The case was settled during trial, one day prior to closing arguments, for the extent of the available insurance coverage plus a $100,000 contribution from the trucking company.

Settlement Amount:

$6,000,000.00

Estate of A.S., deceased v. Jay Medi-Car, Inc.

A.S., a 42-year-old homemaker, was crossing California Avenue when she was struck and killed by the driver of the defendant medical-transport service. She was survived by a husband and six children. The case settled immediately prior to opening statements for the extent of the available insurance coverage.

Settlement Amount:

$5,900,000.00

Estate of R.D. v. AG Trucking, Inc.

R.D., a 57-year-old husband and father of several adult children, was struck by a semi-tractor-trailer after its driver lost control over his vehicle and crossed the median into coming traffic on U.S. Highway 30 in Starke County, Indiana. This federal case proceeded in the Northern District of Indiana and resolved for 98% of the $6,000,000 insurance policy limits.

Settlement Amount:

$5,000,000.00

Estate of R.B. v. Confidential Chicago Area Hospital

R.B., a 50-year-old electrician, underwent elective shoulder surgery at the defendant hospital. The day after surgery, R.B. developed a slow heart attack that resulted in his death 14 hours later, but the heart attack was mistakenly diagnosed as septic shock. R.B. was survived by his wife and two adult children. The case was settled during the third week of trial.

Settlement Amount:

$4,500,000.00

D.B. v. Northwest Community Hospital

D.B., a 46-year-old woman, went to the hospital emergency department after feeling dizzy at work. She was improperly diagnosed with suffering from benign positional vertigo and sent home. The next day she suffered from a disabling stroke. It was later determined that D.B. had suffered from a transient ischemic attack (TIA), or mini-stroke, rather than benign vertigo. Had she been properly diagnosed, her TIA could have been treated and her stroke could have been prevented.

Settlement Amount:

$4,250,000.00

Estate of M.R., a minor v. Confidential Georgia Hospital System

M.R. was born with a congenital birth defect known as “gastroschisis,” which causes the intestine to protrude through the fetal abdominal wall and float freely in the womb. When she was several days old, M.R. underwent a surgery to repair her intestines, but she developed post-surgical complications. The pediatric surgeon did not timely respond to this baby’s issues, leading to small bowel necrosis. M.R. underwent several additional surgeries, but ultimately died as a result of her injuries. LHA attorneys were asked by the local Georgia attorneys to help prosecute this medical malpractice case based on their extensive experience with congenital birth defects and complex pediatric surgery issues involving gastroschisis and necrotizing enterocolitis.

Verdict Amount:

$3,050,000.00

Estate of M.M., deceased v. Loyola University Medical Center, et al.

M.M., a 52-year-old woman, underwent an abdominal hysterectomy at the defendant hospital for persistent uterine fibroids. M.M. died in the hospital the day after surgery and an autopsy revealed that she died of undiagnosed internal bleeding near the site of the surgery. M.M. was survived by her husband and four adult children. The verdict was affirmed by the Illinois Appellate Court.

Verdict Amount:

$3,461,524.00

R.C. v. OSI, Inc., Columbus Hospital, et al

R.C. a 40-year-old electrical salesman, underwent a back surgery at the defendant hospital by the defendant neurosurgeon upon a table manufactured and distributed by the defendant surgical table manufacturer. After the eight-hour surgery, the plaintiff developed painful swelling in his right calf, which was misdiagnosed as a temporary nerve disorder. In fact, the plaintiff had developed a compartment syndrome, which was treated too late, causing the plaintiff to suffer a permanent dropped-foot condition. The plaintiff settled with the defendant hospital and table manufacturer prior to trial and received the verdict against the defendant neurosurgeon.

Settlement Amount:

$3,416,813.00

S.R., a minor v. Carle Clinic, et al.

S.R., a baby boy, was born with bilateral developmental dysplasia of the hips. Due to misread x-rays by the radiologist, missed diagnosis by the orthopedic surgeon, and improper follow-up by the pediatrician, treatment was delayed until S.R. was 19 months old. At that point, he was no longer a candidate for non-invasive treatment and he required multiple surgeries on both hips in order to get the hips into the appropriate anatomical position. S.R.’s motor development was delayed and he is at risk for early arthritis and future hip replacements. This is believed to be the largest Illinois medical malpractice settlement for the delayed diagnosis of developmental hip dysplasia.

Settlement Amount:

$3,300,000.00

D.B., a minor v. Northwestern Memorial Hospital, et al

D.B. suffered injuries to his brachial plexus (Erb’s Palsy) during his delivery at the defendant hospital in 1993. The plaintiff contended that the resident who performed the delivery inappropriately applied forceps and used unnecessary and excessive traction during the delivery by pulling on D.B.’s head and injuring the nerves in D.B.’s left arm. At the time of this settlement it was the largest in Illinois history for an Erb’s Palsy birth injury.

Settlement Amount:

$3,312,500.00

Estate of H.M., a minor v. Confidential Healthcare Providers

H.M., a 2-year-old girl, suffered from vascular lacerations during the placement of a central venous catheter related to treatment for a brain tumor. An emergency vascular repair surgery was unsuccessful, and H.M. died shortly thereafter, survived by her parents and siblings. This highly sensitive case resolved without a lawsuit through voluntary mediation.

Settlement Amount:

$3,300,000.00

D.B., a minor v. Northwestern Memorial Hospital, et al

D.B. suffered injuries to his brachial plexus (Erb’s Palsy) during his delivery at the defendant hospital in 1993. The plaintiff contended that the resident who performed the delivery inappropriately applied forceps and used unnecessary and excessive traction during the delivery by pulling on D.B.’s head and injuring the nerves in D.B.’s left arm. At the time of this settlement it was the largest in Illinois history for an Erb’s Palsy birth injury.

Settlement Amount:

$3,050,000.00

Estate of M.M., deceased v. Loyola University Medical Center, et al

M.M., a 52-year-old woman, underwent an abdominal hysterectomy at the defendant hospital for persistent uterine fibroids. M.M. died in the hospital the day after surgery and an autopsy revealed that she died of undiagnosed internal bleeding near the site of the surgery. M.M. was survived by her husband and four adult children. The verdict was affirmed by the Illinois Appellate Court.

Settlement Amount:

$3,000,000.00

Estate of L.A., a deceased minor v. Confidential Chicago Area Hospital

L.A., age 8-months, underwent a routine elective outpatient surgical procedure, known as an orchiopexy, to treat undescended testicles. The surgical procedure appeared to be uncomplicated and L.A. was sent home with his parents that same day. The following morning, L.A. died as a result of what was later determined to be internal bleeding from the surgery. It was later determined that L.A.’s surgery was much more invasive and intensive that what would be expected from a typical orchiopexy procedure.

Settlement Amount:

$3,000,000.00

Estate of M.R. v. Confidential Chicago Area Hospital

M.R. was a 33-year-old woman who saw numerous medical care providers over a series of weeks during which she complained of persistent headaches. MRI and CT scans were misinterpreted, and she was misdiagnosed with aseptic meningitis. M.R. died at home several weeks later, and it was later determined that she was suffering from neurocysticerosis and hydrocephalus, which should have been diagnosed from the radiologic imaging scans. Had a timely diagnosis been made, M.R.’s conditions could have been treated successfully and her death prevented.

Settlement Amount:

$2,750,000.00

J.K. v. Murphy, Otto & Associates, et al

J.K., a 65-year-old man with heart disease, underwent open heart bypass surgery at Northwest Community Hospital by defendant physicians. Postoperative circulation problems in J.K.’s right leg were mismanaged, leading to an above-the-knee amputation.

Verdict Amount:

$2,700,000.00

Estate of C.L. v. Loyola University Medical Center, et al

C.L., a 58 year-old retired engineer underwent heart transplant surgery at the defendant hospital. Unfortunately, due to medical errors C.L. received the diseased heart of a 46 year-old smoker, drinker and recreational drug user and died three days later as a result of the diseased donor heart. C.L. was survived by his wife of 37 years and their three adult children.

Verdict Amount:

$2,506,000.00

Estate of T.C. v. Heilig Meyers, et al

T.C., a 56-year-old man, was struck and killed by a Heilig Meyers delivery van during the early morning hours of July 10, 1998, at the intersection of Racine and Webster streets in Chicago. T.C. was survived by three adult children.

Settlement Amount:

$2,400,000.00

J.D. v. Confidential Clinical Laboratory & Gynecologist

J.D., a 37-year-old woman, suffered from a delayed diagnosis of cervical cancer leading to a preventable hysterectomy. The defendant gynecologist failed to properly follow up on abnormal Pap smears. The defendant clinical laboratory failed to properly interpret Pap smear slides and then destroyed some Pap smear slides after being notified that J.D.’s attorneys were investigating this matter, leading to a spoliation of evidence claim. This is believed to be the largest non-death medical malpractice settlement in Cook County history for the delayed diagnosis of cervical cancer.

Settlement Amount:

$2,350,000.00

E.S., a minor v. Confidential Corporate Defendant

E.S., a 15-year-old girl, sustained an incomplete spinal cord injury in a recreational activity accident. This case involved the “attractive nuisance” doctrine, under which a landowner or occupier may be held liable for injuries to children in certain circumstances.

Settlement Amount:

$2,300,000.00

G.W., a minor v. Confidential Chicago Area Medical Providers

G.W., a minor, suffered from injuries at birth due to fetal distress that occurred during labor and delivery. These injuries could have been mitigated or avoided had the physicians performed a timely caesarean section.

Settlement Amount:

$2,300,000.00

M.G. v. Confidential Chicago Area Medical Center

M.G., a 55-year-old union carpenter, developed disabling neurological injuries after undergoing a lumbar transforaminal epidural steroid injection procedure for back pain. Instead of being properly injected into the epidural space, the steroid solution was improperly injected into one of the spinal arteries, causing an acute infarction of the conus medullaris at the lower end of the spinal cord.

Verdict Amount:

$2,300,000.00

J.K. v. University Anesthesiologists, S.C., et al

J.K., a 55-year-old nursing teacher, underwent a spinal nerve block injection procedure for irritable bowel syndrome and subsequently developed an infection of the L2 disc space. The infection, which required multiple back surgeries, was determined to be the result of improper needle placement during the nerve block procedure.

Settlement Amount:

$2,300,000.00

Estate of G.W., a minor, v. Good Samaritan Hospital, et al

G.W., a minor, alleged that he suffered from injuries at birth as a result of the failure to timely diagnose fetal distress and failure to timely perform a caesarean section. G.W. currently suffers from moderate mental retardation.

Settlement Amount:

$2,250,000.00

K.H. v. Confidential Illinois Health Care System

K.H., a 38-year-old athletics administrator, was treated for breast cancer. Several years later she developed recurrent breast cancer, and it was determined that she did not receive appropriate treatment initially. Her initial oncologist mistakenly documented that K.H. was “HER-2” negative, rather than “HER-2” positive. As a result of this miscommunication, K.H. did not receive Herceptin, which likely would have prevented the recurrence of her breast cancer.

Settlement Amount:

$2,250,000.00

S.D. v. Advocate Good Samaritan Hospital, et al.

S.D., a 45-year-old woman, was taken to the hospital emergency room by ambulance after having chest pain. Instead of being timely diagnosed and treated for an acute myocardial infarction, she was initially misdiagnosed as suffering from gastrointestinal issues. This led to a delay in diagnosis. Had S.D. been properly diagnosed and taken to the cardiac catheterization laboratory for prompt treatment, she would not have developed a disabling cardiac condition.

Settlement Amount:

$2,250,000.00

Estate of M.S. v. Smith, et al

M.S., a 56 year old motorcyclist, was killed in Northwest Indiana after he was struck by a turning vehicle at an intersection and then run over by a semi-tractor trailer. M.S. was survived by his wife and three adult children. Case settled during trial.

Verdict Amount:

$2,081,600.00

J.S. v. J.E.

J.S., the chief financial officer for a Chicago-area telecommunications company, brought suit against the company’s former CEO, alleging slanderous statements made about him during merger negotiations with a rival telecommunications company. The verdict amount includes $2 million in punitive damages.

Settlement Amount:

$1,950,000.00

Estate of H.S. v. Advocate Lutheran General Hospital, et al.

H.S., a 38-year-old wife and mother, died at home of a fatal cardiac arrhythmia one week following a coronary angiogram and unsuccessful attempted coronary angioplasty procedure. This medical malpractice case alleged that the hospital cardiologists failed to schedule H.S. for an urgent coronary artery bypass surgery after failing to open up her blocked coronary artery through the angioplasty.

Verdict Amount:

$1,913,000.00

A.J. v. A.S.

A.J., a 19-year-old maintenance worker, was a rear-seat passenger in a car driven by A.S. on the Edens expressway when the driver lost control of the car. The car left the roadway and flipped several times before landing in a ditch. A.J. suffered multiple fractures and a degloving injury of his left arm requiring surgery. The defendant’s insurance company offered $100,000.00 to settle prior to trial.

Settlement Amount:

$1,875,000.00

Estate of M.H. v. Access Unlimited et al.

M.H., a 70-year-old woman with ALS, sustained injuries when her personal motorized lift system failed causing her to fall. The fall resulted in injuries which later resulted in her death.
The defendant manufacturer was uninsured and insolvent, however this product liability settlement was reached with the distributor of the improperly designed lift system.

Settlement Amount:

$1,500,000.00

M.S. v. Confidential Orthopedic Device Manufacturer

M.S., a 71-year-old woman, sustained injuries and multiple medical complications after her prosthetic hip implant prematurely failed. LHA was able to successfully resolve this product liability case by proving that improper laser etching at a location of high stress caused microfractures that propagated throughout the modular neck of the device, leading to the complications.

Settlement Amount:

$1,400,000.00

Estates of A.K. & S.K. v. CX Roberson

A.K., an 81-year-old man, and S.K., his 77-year-old wife, were killed when their car was struck by a CX Roberson semi-tractor trailer at a suburban Chicago intersection. Plaintiff alleged that the semi-tractor ran a red light and failed to yield to the plaintiff’s left turning vehicle.

Settlement Amount:

$1,100,000.00

Estate of C.L. v. Alexian Brothers Medical Center, et al.

C.L., a 32-year-old wife and mother, died of a fatal cardiac arrhythmia while watching 4th of July fireworks. Her death was the result of a congenital heart rhythm abnormality known as Long QT Syndrome, a condition that is treatable with medication. Six weeks prior to her death, C.L. had an abnormal EKG at the hospital, but she was never informed by her physician that it was abnormal and she was never instructed to follow up with a cardiologist.

Settlement Amount:

$1,350,000.00

M.B., a minor v. Edward Hospital, et al.

M.B., a 15-year-old boy, presented to the hospital emergency department with abdominal complaints and was sent home after being misdiagnosed with gastroenteritis. The next day, when his symptoms worsened, M.B. sought care at another hospital, where he was diagnosed with a ruptured appendix, requiring multiple bowel resection surgeries and a series of post-operative complications. Had M.B. been properly diagnosed with appendicitis at the first hospital, a routine appendectomy surgery could have been performed and these complications could have been avoided.

Settlement Amount:

$1,300,000.00

G.F., a minor v. Confidential Chicago Area Hospital & Physician

G.F., a newborn baby girl, suffered injuries to her brachial plexus (Erb’s Palsy) during her delivery. Plaintiff alleged that the defendant physicians failed to inform the baby’s mother of the risk of shoulder dystocia prior to the delivery of this 10+ pound baby, failed to properly screen for fetal macrosomia (excessive birth weight), failed to recommend a caesarean section, and used excessive force during the delivery.

Settlement Amount:

$1,000,000.00

Estate of E.A. v. Advanced Heart Group

E.A., a 77-year-old woman, underwent what was supposed to be a routine elective cardiac catheterization procedure. During this procedure, she suffered from a dissection of one of her coronary arteries. She was admitted to the hospital, and over the next several days she developed ongoing cardiac issues which were not promptly recognized and treated. E.A. was transferred to a local university hospital several days later, where she died as a result of complications from the dissection and delayed treatment.

Settlement Amount:

$1,000,000.00

Doe v. Confidential Religious Group

Doe, a teenage minor, was sexually abused by an adult youth-group leader of a Chicago-area religious organization.

Settlement Amount:

$1,000,000.00

L.B., a minor v. Palos Community Hospital & Dr. James Emme

L.B., a newborn baby girl, suffered injuries to her brachial plexus (Erb’s Palsy) during her delivery. Plaintiff alleged that the defendant physician failed to inform the baby’s mother of the risk of shoulder dystocia prior to the delivery of this 10+ pound baby, failed to properly screen for fetal macrosomia (excessive birth weight), failed to recommend a caesarean section, and used excessive force during the delivery.

Settlement Amount:

$1,000,000.00

Estate of K.K. v. Swedish Covenant Hospital

K.K., an 82-year-old man, was admitted to the defendant hospital after he fell in his garden and injured his neck. During the first night he was at the hospital he developed difficulty breathing, however the nursing staff failed to notify a physician of K.K.’s problems. The next morning K.K. suffered from a cardio-respiratory arrest which led to a coma and K.K.’s eventual death. K.K. was survived by his wife and two adult children. Case settled during the first week of trial.

Settlement Amount:

Confidential

Confidential Plaintiffs v. Chicago Area Hospital

Several female geriatric patients alleged that they were sexually assaulted by a male patient care technician (PCT). LHA discovered that the PCT had been the subject of prior patient outcry that was not investigated by the hospital and not reported to law enforcement authorities. The cases settled through mediation prior to trial.

Settlement Amount:

Confidential

Confidential Plaintiff v. Chicago Suburban Hospital

A female hospital patient alleged that she awoke from a surgical procedure to find a PCT touching her inappropriately. LHA discovered that the PCT had a history of employment-related misconduct which LHA alleged should have put the hospital on notice that he presented a potential danger to patients. The case resolved during a pre-trial settlement conference.

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