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Power, Rogers & Smith: Joseph W. Balesteri
Since joining the Illinois injury law firm of Power Rogers & Smith, Joseph W. Balesteri has achieved significant verdicts and settlements on behalf of seriously injured clients (See below). The primary areas of his profession are medical malpractice, product liability, premises liability and automobile liability matters. He has worked with other Chicago malpractice attorneys to fight for significant malpractice settlements from doctors, hospitals and other healthcare professionals.
Prior to joining Power Rogers & Smith, Mr. Balesteri worked as a defense lawyer with the law firm of Hinshaw & Culbertson, a law firm with over 250 lawyers. During that time, he represented defendants in litigation (doctors, nurses, hospitals and HMOs), as well as performing general liability work for corporations and individuals in automobile, premises and product liability matters. Working on the defense side has given Mr. Balesteri a unique perspective and a competitive advantage in his representation of injured plaintiffs. Understanding how the other side thinks, and anticipating the other side’s moves, has enabled his clients to achieve significant results.
Mr. Balesteri was selected by a 2004 survey of his peers conducted by the Law Bulletin Publishing Company as a "Leading Lawyer" in Personal Injury Law. This distinction was earned by fewer than 5% of all personal injury lawyers licensed in Illinois. In 2005, Mr. Balesteri was selected by his peers as a "Super Lawyer" in medical malpractice litigation, a distinction also awarded to fewer than 5% of all Illinois malpractice attorneys. In 2008, Mr. Balesteri was featured in Chicago Lawyer Magazine following a survey of judges, veteran trial lawyers, and law firm partners as a rising star of the trial bar.
Mr. Balesteri attended Indiana University, graduating in 1992 with a Bachelor of Science degree in Business. He attended DePaul University College of Law and graduated with his Juris Doctorate in 1995. He has spoken in Illinois and out-of-state on medical malpractice, premises liability and trial topics for the Illinois Trial Lawyers Association and the Association of Trial Lawyers of America.
Examples of settlements or verdicts obtained in cases handled by Mr. Balesteri by year of the result of the lawsuit and by the County where the lawsuit was filed, include:
J.P., as Special Administrator of the Estate of C.P., Deceased v. Advocate Christ Hospital and Medical Center, 10 L 3554 (Cook County)
(2010) Medical Malpractice: 78 year old female presented to the emergency room for pulmonary concerns. Atrial fibrillation was found on a routine EKG and Heparin was started pursuant to a weight based nomogram. Due to over-anticoagulation as a result of a failure to follow a hospital protocol regarding the timing of Heparin admistration in response to blood work, Mrs. P was over anticoagulated resulting in a brain bleed, neurologic impairment and her death approximately two months later. She was survived by her husband and five adult children.
Result: $1,000,000.00
K.R., Guardian of T.R., a Disabled/Incapacitated Person v. Provena Covenant Medical Center, et. al., 04 L 306 (Champaign County)
(2010) Medical Malpractice: T.R. was admitted to Provena Covenant Medical Center for labor and delivery. She had an epidural injection performed for pain control during labor by Ted Dziadek, MD, an anesthesiologist. The epidural test dose contained Sufenta and was therefore an improper test dose since Sufenta can result in respiratory compromise if administered in the subarachnoid space (a risk of an epidural injection). The test dose was administered in the subarachnoid space as evidenced by air bubbles present on CT imaging of T.R.’s brain after the injection. T.R. experienced immediate post-injection signs of respiratory deterioration and her healthcare team (labor and delivery nurse and anesthesiologist Ted Dziadek) failed to timely respond to her respiratory deterioration. She was not ambu-bagged for 15 minutes after the epidural, CPR was not started for 17 minutes following her epidural. There were varying opinions between the healthcare providers regarding whether or not needed resuscitation equipment was present in the room to assist in resuscitation. T.R.'s baby was born without neurologic injury. T.R. was left catastrophically brain damaged. Co-counsel with Todd A. Smith.
Result: $12,000,000.00
M.G., Independent Administrator of the Estate of M.G., Deceased v. Rush-Presbyterian-St. Luke's Medical Center, et. al., 05 L 13466 (Cook County)
(2010) Medical Malpractice: 47 year old female underwent a cervical epidural injection performed at Rush University Medical Center by a pain specialist. Prior to the injection she received sedation which should have allowed her to experience pain if her spinal cord was compressed by the epidural needle. After the injection she was rendered a quadriplegic due to an intra-cord injection of medication during the epidural. The failure of the anesthesia team to ensure a safe level of sedation for the injection resulted in her neurologic injuries. M.G. passed away of asthma three years later - May 2, 2007. She is survived by her adult daughter. Co-counsel with Todd A. Smith.
Result: $4,500,000.00
L.A. and R.A. v. MacNeal Physicians Group, LLC, 09 L 1105 (Cook County)
(2010) Medical Malpractice: 30 year old female presents to orthopedic surgeon for an enlarged and painful right elbow. A six month delay of diagnosis occurs. Ultimately, a high-grade synovial sarcoma is diagnosed in the elbow and her arm is amputated above the elbow. The cancer lesion on MRI grew 3 to 4 cm in six months resulting in a loss of a limb sparing procedure. Co-counsel with Joseph A. Power, Jr.
Result: $3,700,000.00
L.B., as Special Administrator of the Estate of R.L.B, Deceased v. Ingalls Memorial Hospital, 05 L 14312 (Cook County)
(2010) Medical Malpractice: 36 year old female, having undergone previous complicated gallstone removal surgery, presents to Ingalls Memorial Hospital with cholangitis. The ERCP table and CT scanner were unable to accommodate her weight, so efforts were made to transfer her to Cook County Hospital. Her infection progressed and she passed away. She is survived by her mother and her brother. Co-counsel with Joseph A. Power, Jr. and Larry R. Rogers, Jr.
Result: $1,650,000.00
M.G. as Special Administrator of the Estate of J.G., Deceased v. The University of Chicago Medical Center, 09 L 13561 (Cook County)
(2009) Medical Malpractice: 3 1/2 year old male presented to University of Chicago Comer Children's Hospital with complaints of bloody diarrhea six to seven times a day since the end of November 2007. An av malformation was identified at the jejunum/ileum following an exploratory laparoscopy and double balloon enteroscopy. The bowel was resected, however, six days later, during the admission, arm and leg ecchymoses developed, tachycardia, restlessness and discomfort in and around the abdomen. Eventually, the abdomen became firm and distended, a Code resulted and death occurred in the very early morning hours of December 17th. Plaintiff alleged a failure to identify post-operative bleeding and a failure to rectify residual av malformation at or near the site of the resection six days earlier.
Result: $4,000,000.00
J.M. as Guardian of J.M, a disabled person v. Northwestern Memorial Hospital, 08 L 002061 (Cook County)
(2009) Medical Malpractice: 53 year old disabled female underwent a planned two-stage neurosurgical procedure to correct a servere 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 throacic spinal cord compression. Co-counsel with Joseph A. Power, Jr.
Result: $5,750,000.00
K.R. as Special Administrator of the Estate of A.B., deceased v. David Ross, M.D., 06 L 005313 (Cook County)
(2009) Auto: 21 year old female (survived by parents and sister) died when the SUV she was driving was struck by a vehicle which had a green light as she made a left turn.
Result: $1,000,000.00
M.L. as Special Administrator of the Estate of M.L., deceased v. Northwestern Medical Faculty Foundation, 09 L 004942 (Cook County)
(2009) Medical Malpractice: 16 day old male survived by his parents, experienced brain injury at birth due to a failure to respond to late decelerations in fetal heart tracings resulting in his death. Co-counsel with Carolyn Daley Scott
Result: $2,750,000.00
E.B. as Special Administrator of the Estate of C.B., Deceased v. St. James Hospital, et. al., 05 L 5797 (Cook County)
(2009) Medical Malpractice: 54 year old male (survived by his brother) presented to the emergency room after being struck by a drunk driver who crossed the center line. Emergency room staff failed to diagnose and treat internal injuries but rather discharged him which led to his death from liver and spleen lacerations.
Result: $1,750,000.00
S.K., Individually and as Executor of the Estate of M.K., deceased v. Northwestern Medical Faculty Foundation, et. al., 05 L 5817 (Cook County)
(2008) Medical Malpractice: 57 year old male lawyer 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 he was never advised that the results were abnormal and required cardiac catheterization. He experienced sudden cardiac death four months later. Co-counsel with Joseph A. Power, Jr.
Result: $7,000,000.00
W.W.W. Independent Administrator of the Estate of A.B., deceased v. Rush University Medical Center, et. al., 04 L 7955 (Cook County)
(2008) Medical Malpractice: 32 year old female was a kidney donor to her mother. After removal of her kidney, three kidney clips were placed on her renal artery which 12 hours later no longer controlled the renal artery due to falling off or having been blown off by pressure. She bled and ultimately died after numerous codes and repeat surgery for bleeding complications. Co-counsel with Larry R. Rogers.
Result: $6,800,000.00
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 Todd A. Smith.
Result: $12,500,000.00
C.K. v. Rush University Medical Center, Chicago Institute of Neurosurgery and Neuroresearch Medical Group, S.C. and John K. Ratliff, 06 L 5418 (Cook County)
(2008) Medical Malpractice: 41 year old female underwent left-sided L4-L5 micro-endoscopic discectomy. The surgeons caused injury to her spinal cord resulting in foot drop on the left side and an inability to move toes on the right side with tingling and burning to the foot.
Result: $1,000,000.00
B.T. and K.T. v. Phillip Cacioppo, M.D., et. al., 05 L 4092 (Cook County)
(2008) Medical Malpractice: 64 year old female underwent knee replacement surgery. Subsequently experienced arterial insufficiency which went undiagnosed by physicians and eventually led to below the knee amputation. Co-counsel with Larry R. Rogers, Jr.
Result: $3,150,000.00
G.K., Individually and as Special Administrator of the Estate of K.K., Deceased v. Mark Nolan Hill, M.D., et al., No. 03 L 14889 (Cook County)
(2008) Medical Malpractice: 39 year old female with a history of Crohn's Disease underwent exploratory surgery for a suspected small bowel obstruction and a bowel resection. Defendants failed to diagnose and treat post-operative bleeding in her peritoneal cavity leading to her death. Co-counsel with Todd A. Smith
Result: $7,600,000.00
H.H., Individually and as Executor of the Estate of J.H., Deceased v. Excel Emergency Care, L.L.C., a corporation and Tam Van Thai, D.O., No. 03 L 9427 (Cook County)
(2007) Medical Malpractice: 60 year old male negligently discharged from the emergency room at St. James Hospital at Olympia Fields on November 9, 2002 after falling while getting out of a vehicle on his driveway at home. Mr. H. was brought to the hospital by paramedics, having been unconscious prior to their arrival at his home. Because of his history of Coumadin use, a CT was taken, the result revealed no bleeding and Mr. H. was discharged one hour later. Mr. H. re-presented to the hospital five and a half hours later. He was diagnosed with a subdural hematoma (a delayed bleed) which took his life. Mr. H. was survived by his wife and adult daughter. Co-counsel with Todd A. Smith
Result: $2,000,000.00
M.P., Individually and as Special Administrator of the Estate of K.M., Deceased v. Little Company of Mary Hospital & Health Care Centers; Pamela Westerling, M.D., and Evergreen Emergency Services, Ltd., No. 03 L 3370 (Cook County)
(2007) Medical Malpractice: 21 year old female presented to Little Company of Mary Hospital with a history of fever, headache and chills, advising she had recently returned from Ghana, Africa and that she had not taken her malaria chemoprophylaxis as directed. No malaria smear was taken and she was discharged. The following day she lapsed into a malarial coma and died four days later. Co-counsel with Larry R. Rogers and Todd A. Smith.
Result: $4,250,000.00
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 Todd A. Smith.
Result: $10,000,000.00
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 Todd A. Smith, Phillp F. Maher, and William J. Harte.
Result: $5,800,000.00
J.B. Individually and as Special Administrator of the Estate of J.B., Deceased v. Blue Line Trucking, Inc., et. al., No 05 L 10849 (Cook County)
(2007) Automobile: 75 year old male and 78 year old female were traveling in an automobile which was struck by a truck owned by Blue Line Trucking. Joyce sustained soft tissue injuries. Joseph, who suffered from Parkinson's Disease, was hospitalized and passed away just two weeks later of causes unrelated to the accident.
Result: $370,000.00
A.F. and Michael P. v. Illinois Masonic Medical Center, et. al., No. 02 L 13309 (Cook County)
(2007) Medical Malpractice: 37 year old female had surgery for an ectopic pregnancy at Illinois Masonic Medical Center. During the procedure her bladder was perforated resulting in infection. The infection was not diagnosed and she was discharged. She re-presented to Illinois Masonic for further care in a comatose state. The infection became necrotizing resulting in loss of lower abdominal skin, muscle and tissue and numerous surgical interventions.
Result: $8,000,000.00
S.M.C. v. Elmhurst Memorial Hospital, et al., No. 03 L 15048 (Cook County)
(2007) Medical Malpractice: 30 year old female presented to Elmhurst Memorial Hospital complaining of dizziness and passing out. CT image obtained was normal and the patient was discharged. Follow-up with the primary care physician and a chiropractor occurred over the next few days. Plaintiff suffered bilateral cerebellar infarction as a result of dissecting vertebral arteries. Co-counsel with Joseph A. Power, Jr.
Result: $3,100,000.00
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 Todd A. Smith.
Result: $4,000,000.00
S.M.W., Administrator of the Estate of M.A.B., Deceased v. Rush Presbyterian St. Luke's Medical Center, et. al., No. 02 L 016229 (Cook County)
(2006) Medical Malpractice: 65 year old female entered Rush-Presbyterian-St. Luke's Medical Center for kidney stone surgery. During efforts by the anesthesia service to place the central line into the left internal jugular vein, the carotid artery was punctured. The surgery was cancelled. The guide wire was removed and Mrs. B. was monitored in the hospital. Later that day, Mrs. B. suffered a subarachnoid hemorrhage, caused by the guide wire used to place the central line. A subarachnoid hemorrhage resulted in permanent brain injury and ultimately in Mrs. B.'s death. Mrs. B. was survived by four adult children. Co-counsel with Joseph A. Power, Jr.
Result: $5,000,000.00
L. and P.B. v. Valley West Community Hospital, No. 03 L 31 (DeKalb County)
(2006) Medical Malpractice: 58 year old male suffering from a middle cerebral artery stroke presents to Valley West Community Hospital but is not afforded the benefits of TPA to assist in restoring brain perfusion via clot busting effects. TPA was ordered by emergency room physican, however, hospital failed to maintain TPA on its formulary having made the decision not to treat acute ischemic strokes with that medication. By the time the patient was transferred to another hospital, the three hour window for TPA administration had passed. Co-counsel with Joseph A. Power, Jr.
Result: 1,500,000.00
E.T. v. Medicine, Ltd., No. 01 L 11435 (Cook County)
(2006) Medical Malpractice: 52 year old male underwent hip surgery following avascular necrosis. Intermittent abdominal distension followed post-operatively. Assumed post-operative ileus was in error and plaintiff suffered a ruptured large bowel (Ogilvie's syndrome) leading to an ileostomy which was reversed months later. Co-counsel with Thomas G. Siracusa.
Result: $280,000.00
C.R. v. MacNeal Hospital, No. 02 L 8339 (Cook County)
(2006) Medical Malpractice: 62 year old female, undergoing anticoagulation therapy, was inadequately monitored, leading to a massive intracerebral hemorrhage which resulted in her death. Plaintiff's decedent was survived by three adult children.
Result: $750,000.00
R.O. v. County of Cook, No. 02 L 3242 (Cook County)
(2006) Medical Malpractice: 50 year old female, diagnosed with adenocarcinoma of the cervix in 1996 by pap smear but not definitively treated for that condition through her death in 2001. Plaintiff's decedent was survived by her husband and five adult children.
Result: $5,200,000.00
G.C. v. Northwestern Memorial Hospital,No. 01 L 9649 (Cook County)
(2005) Medical Malpractice: 52 year old quadriplegic presents to the emergency room and was inappropriately discharged after a negative work-up for meningitis when he should have had an abdominal CT to avoid sepsis and death from a gastric ulcer. Co-counsel with Thomas M. Power
Result: $5,000,000.00
M.B. v. Mohan Airan M.D., No. 00 L 013288 (Cook County)
(2005) Medical Malpractice: 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 Todd A. Smith.
Result: $6,000,000.00
T.B. v. Rockford Memorial Hospital, No. 01 L 232 (Winnebago County)
(2005) Medical Malpractice: 8 1/2 year old boy suffers cardio-pulmonary arrest in the operative suite during a tendon release procedure resulting in brain damage. Prior to the procedure, the minor plaintiff was severely mentally disabled. Co-counsel with Larry R. Rogers.
Result: $6,500,000.00
B.S v. Carl David Bakken, M.D., et. al., No. 03 L 8811 (Cook County)
(2005) Medical Malpractice: 74 year old male had 4 abnormal urine tests during routine screening which should have caused exploration for bladder cancer. The delay in diagnosis caused a more radical surgery than would have been performed had an earlier diagnosis been made. Co-counsel with Joseph A. Power, Jr.
Result: $1,500,000.00
R.G. v. Evanston Northwestern Healthcare Corporation d/b/a Evanston Hospital, a corporation, No. 02 L 9474 (Cook County)
(2005) Medical Malpractice: 28 year old female presented to Evanston Hospital following a prior hospital stay where a cyst was removed near her heart and left lung. She experienced a known pulmonary vein injury during the previous admission and upon her re-presentation she should have received an earlier removal of the lower lobe of her lung to avoid infection.
Result: $400,000.00
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 Todd A. Smith.
Result: $2,000,000.00
Z.K v. Edward J. Snyder, III, M.D. and Gregory P. Bogdonoff, M.D., No. 01 L 10358 (Cook County)
(2005) Medical Malpractice: 73 year old female, in preparation for colorectal cancer surgery, suffered a cardiopulmonary arrest in the operative suite while undergoing anesthetic preparation for the procedure. Plaintiff alleged that plaintiff's decedent should have received blood transfusion for declining hemoglobin/hematocrit levels prior to utilization of general and spinal anesthesia for surgery. Plaintiff’s decedent was survived by two adult children.
Result: $750,000.00
A.A. v. Advocate Hope Children’s Hospital, et al., No. 01 L 9320 (Cook County)
(2005) Medical Malpractice: Nine year old child hospitalized after a fall at school. A CT ordered to be performed in the a.m. the following day was not done until 10:15 p.m. and the CT was not interpreted until after plaintiff's decedent suffered a respiratory arrest at 4:30 the following morning. The CT performed at 10:15 p.m. revealed a fracture of the skull and a subarachnoid hemorrhage. The arrest resulted from increasing intracranial pressure and brain herniation causing death. Co-counsel with Joseph A. Power, Jr.
Result: $6,000,000.00
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 Todd A. Smith
Result: $6,000,000.00
M.L. v. Richard D. Koch, et al., No. 02 L 013610 (Cook County)
(2004) Automobile: 32 year old male was riding a bicycle on Halsted Street when he was struck by a truck driven by Richard Koch. Plaintiff suffered a closed fracture to his left leg.
Result: $325,000.00
S.M. v. City of Chicago, No. 03 L 3788 (Cook County)
(2004) Premises Liability: 28 year old single female was driving her vehicle southbound on Kedzie Avenue on January 31, 1997 when she struck a pothole which propelled her into oncoming traffic on the Kedzie Avenue Bridge near 75th Street. Plaintiff's decedent was killed instantaneously. The lawsuit claimed a failure by the City of Chicago to repair the pothole before the accident.
Result: $1,000,000.00
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 Todd A. Smith.
Result: $20,000,000.00
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 Todd A. Smith.
Result: $17,250,000.00
M.A. v. St. Francis Hospital of Evanston, et. al., No. 98 L 15221 (Cook County)
(2004) Medical Malpractice: 64 year old female underwent single vessel balloon angioplasty following an acute myocardial infarction. After the initial angioplasty, occlusion resulted in a second angioplasty with stent deployment. Coronary perforation occurred and a cardiovascular surgeon was not notified in a timely fashion to prevent her death.
Result: $1,750,000.00
W.R. v. Sudershan D. Saxena, M.D., et., No. 00 L 745 (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 Todd A. Smith.
Result: $9,000,000.00
J.P.L. v. John R. Rapp. and Cruisers Taxi, No. 02 L 109 (DeKaIb County)
(2003) Automobile: 21 year old male suffered a broken fibula when, while riding a bicycle, he was struck by a taxi which failed to yield the right of way.
Result: $245,000.00
H.P. v. City of Chicago, No. 00 L 8374 (Cook County)
(2003) Automobile (Wilful and Wanton): 33 year old male was struck by police vehicle which was traveling on the wrong side of the street without lights and sirens when responding to a call regarding a man with a gun, ten blocks away from the accident scene. Plaintiff suffered fractures of the right and left tibia and fibula and jaw. Co-counsel with Larry R. Rogers, Jr.
Result: $450,000.00
E.C. v. Northwestern Memorial Hospital, No. 99 L 14549 (Cook County)
(2003) Medical Malpractice: 32 year old female had an l.V. inserted for calcium chloride treatment following a ruptured placenta. The IV. infiltrated causing a burn to the dorsum of her left hand with resultant scarring.
Result: $450,000.00
P.B. v. VHS of Illinois. Inc., a corporation dlb/a MacNeal Hospital, No. 01 L 10358 (Cook County)
(2003) Medical Malpractice: 78 year old female presented to MacNeal Hospital with symptoms compatible with a heart attack but was worked up for pulmonology concerns. The failure to recognize and treat her heart attack resulted in her death. Co-counsel with Joseph A. Power, Jr.
Result: $1,200,000.00
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 Todd A. Smith.
Result: $2,000,000.00
E.O. vs. Illinois Masonic Medical Center, et. al., 99 L 746 (Cook County)
(2003) Medical Malpractice: 28 year old female, following the birth of her daughter, was diagnosed with post-partum cardiomyopathy, and was provided Coumadin, a blood thinner, as her ejection fraction was less than 35%. Six months later, she suffered a stroke from a hemorrhagic bleed in her brain. Plaintiff was over anti-coagulated (her INR was 3.8 after the bleed). The hemorrhagic stroke caused left-sided hemiparesis. Co-counsel with Joseph A. Power, Jr.
Result: $12,000,000.00
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 Todd A. Smith.
Result: $17,000,000.00
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 Todd A. Smith.
Result: $1,500,000.00
A.C. v. County of Cook, d/b/a Cook County Hospital, et. al., 98 L 12545 (Cook County)
(2002) Medical Malpractice: While recovering from burns to 35% of her body, the minor plaintiff (11 months) was negligently provided two boluses of a medication called Albumin resulting in brain damage. Co-counsel with Thomas G. Siracusa
Result: $19,250,000.00
B.K. v. Bethany Homes and Methodist Hospital and Jacob Salomon. M.D., 99 L 3695 (Cook County)
(2002) Medical Malpractice: 64 year old woman, while undergoing surgery for Stage IV rectal cancer, experienced hypovolemic shock due to the failure of Dr. Salomon to recognize and treat acute blood loss, resulting in her death.
Result: $750,000.00
R.H. v. City of Harvey, Court No. 99 L 5896 (Cook County)
(2002) Police Misconduct (Wilful and Wanton): Plaintiffs Decedent (male, age 31) was mortally shot while handcuffed by Harvey Police officers after resisting arrest following a perceived drug transaction. Plaintiff's decedent was survived by his wife of two years who was 49 years old at the time of this occurrence. Co-counsel with Larry R. Rogers.
Result: $850,000.00
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 Todd A. Smith.
Result: $1,200,000.00
T.B. v. Melvin Boule, M.D., Harry Rubenstein, M.D., Copley Memorial Hospital, 97 L 14918 (Cook County)
(2001) Medical Malpractice: Failure to properly interpret an MRI of the brain which was reported as normal, although the study showed three discrete areas of brain infarction. This failure and the failure to treat neurologic symptoms resulted in a stroke after an angiogram procedure.
Result: $1,350,000.00
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 Todd A. Smith.
Result: $800,000.00
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
Result: $1,250,000.00
C.R. v. Denis A. Molloy. Jr., D.D.S., Court No. 96 L 9093 (Cook County)
(2000) Dental Malpractice: Dentist failed to take precautions (x-rays and measurements) to avoid overfilling the root canal of the upper first molar, resulting in trigeminal neuropathic pain.
Result: $750,000.00
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 Todd A. Smith.
Result: $8,000,000.00
