Power, Rogers & Smith: Todd A. Smith

Todd A. Smith
Name Partner
E-mail: tas@prslaw.com
Phone: (312) 236-9381
Position: partner

Born and raised in Evanston, Illinois, Power Rogers & Smith founding partner Todd A. Smith has won some of the largest multimillion dollar jury awards and settlements in serious personal injury, product liability, wrongful death, and physician malpractice cases in Illinois. A personal injury lawyer driven by a challenge and hard work, Mr. Smith is known as a tireless advocate for middle-class working men and women-the people who now are finding it harder and harder to get access to the court system.

A leader among personal injury trial lawyers in the U.S., he is the immediate past president of the prestigious 60,000 member Association of Trial Lawyers of America. Voted Chicago Lawyer Magazine's Person of the Year, Mr. Smith has made access to justice his personal crusade. In his leadership activity as president of the Illinois State Bar Association, he led the battle against the threats that inhibit citizens from obtaining justice in the courts, including cutbacks in legal services for the poor and the inability of people of modest means to afford a personal injury lawyer.

Mr. Smith and his accomplishments on behalf of his clients have been featured in numerous publications including Chicago Magazine, Chicago Tribune Chicago Magazine, and most recently in the Sunday New York Times.

Whether it is a product liability, aviation negligence, or physician malpractice case, Mr. Smith stands fearless against wealthy and powerful corporations, insurance companies, hospitals, and government agencies. He resolved a U.S. record $10.6 million settlement in a psychiatric malpractice case involving a Chicago area woman and her family, and recently obtained physician malpractice settlements of $17.25 million and $20 million in catastrophic injury/medical malpractice cases. One of the top trial lawyers in Illinois as well as the country, Mr. Smith is annually listed in the book The Best Lawyers in America. He has repeatedly been listed at or near the top of the Chicago Magazine survey of multimillion dollar personal injury settlements including his listing in 2004 as No. 1 with $70 million in recovery for his clients.

Mr. Smith was recently invited to membership in the selective Inner Circle of Advocates, an exclusive group of 100 of the very best civil trial lawyers in the U.S.

Education

Kansas University, Lawrence, Kansas, B.S.B. - 1971
Northwestern University Graduate School of Business, Evanston, Illinois, M.B.A., 1973
Loyola University School of Law, Chicago, Illinois, J.D., 1976

Bar Admissions

Admitted to Illinois Bar, 1976
Admitted to Northern District of Illinois, 1980
Admitted to U.S. Supreme Court, 1990
Admitted to U.S. Court of Appeals, Seventh Circuit, 1991
Admitted to U.S. District Court Central District of Illinois, 1994

Appointments

State of Illinois Advisory Council on Spinal Cord-Head Injuries, 1995 -
Lawyers Trust Fund of Illinois, 2000 -

Honors and Awards

Listed by Harvard Law Graduates Naifeh and Smith in their book The Best Lawyers in America, 1997-98; 1999-2000; 2001-02; 2003-04
2005 Awarded the Medal of Excellence by Loyola University School of Law
Damen Award - Loyola University of Chicago - Founders' Day 2002
Joe Tonahill Award - ATLA Annual Convention 2002
American Legion Award of Excellence - C. D. Burton Post 808 - 2002
TLPJ Trial Lawyer of the Year Finalist - 1999
Chicago Lawyer Magazine - Person of the Year - 1998
Law Journal - Loyola University of Chicago School of Law

Noteworthy Memberships

Member
Illinois Bar, 1976
U.S. Supreme Court, 1990
Supreme Court Historical Society
U.S. Court of Appeals, Seventh Circuit, 1991
U.S. District Court, Northern District of Illinois
Legal Advisory Committee for the Center for Constitutional Litigation, 2000 -
Boards of Directors and Trusteeships
Trial Lawyers Club of Chicago, 1987-
Loyola University of Chicago School of Law, Alumni, 1991-2000
Illinois State Bar Association, 1991-99
Appellate Lawyers Association, 1991-93
The Society of Trial Lawyers, 1992-95
National College of Advocacy, 1993-96
ISBA Mutual Insurance Company, 1995-
Roscoe Pound Foundation, 1999-
ATLA Endowment, 1999-
Buffalo Prairie Gang Camp, 1999 -
Illinois Bar Foundation, 2000-
Trial Lawyers Care, 2001-
Fellowships
American Bar Foundation, Fellow, 1996
American Board of Trial Advocates, Fellow, 1999
American College of Trial Lawyers, Fellow, 1996
International Academy of Trial Lawyers, Fellow, 1998
International Society of Barristers, Fellow, 1996
Associations

American Bar Association

Member, Litigation Section -- Task Force on the Independent
Lawyer, 1999;
Member, Tort and Insurance Practice Section;
Member, Space and Aviation Section;
Member, Editorial Board of the "Brief", 1990-92;
Member, House of Delegates, 1995-99

American Inn of Court - Markey Wigmore chapter

Appellate Lawyers Association

Member, Board of Directors, 1991-93

Association of Trial Lawyers of America

Sustaining Member;
President, 2004 - 05;
President Elect, 2003-04 ;
Vice President, 2002-03;
Secretary, 2001-02;
Treasurer, 2000-01;
Parliamentarian, 1999-2000 ;
Member, Executive Committee, 1998 -;
ATLA Endowment, Trustee, 1999 - ;
Chair, ATLA PAC board of trustees - 2005;
Roscoe Pound Foundation, Fellow, Trustee, 1999 - ;
Member, Board of Governors, 1989- ;
Roscoe Pound Foundation, Chair, Regional Judges Forum, 2000 - ;
Co-Chair, Legal Affairs Committee, 2000 - ;
Co-Chair, Public Affairs Committee, 2002-2003;
Chair, Committee on Investments, 1999-2000;
Co-Chair, Membership Oversight Committee, 1999-2000;
Chair, Coordinating Committee of State Relations, 1999-2000;
Member, Vice Chair, Legal Affairs Committee, 1992-93 and 1996-98;
Chair, Aviation Law Section, 1994-95; Vice Chair, Aviation Law Section, 1992-94;
Chair, Constitutional Litigation Committee, 1993-94;
Chair, Amicus Curiae Committee, 1990-92;
Member, Eagles Club, 1998 - ;
Member, "M" Club, 1990 - ;
Member, Amicus Curiae Committee, 1988-93;
Constitutional Litigation Committee, 1988-95;
Fundraising Events Subcommittee, 1988-89;
Member, Steering Subcommittee on Special Events;
ATLA PAC Committee, 1989-91;
Trial Lawyers for Public Justice, 1989- ;
Fellow, Civil Justice Foundation, 1989- ;
Member, Organizational Review Committee, 1991-93;
Member, Aviation Advisory Committee, 1991-93;
Member, Federal Rules Committee, 1991-93;
Member, Mass Tort Subcommittee, 1992-93;
Member, Board of Trustees, National College of Advocacy, 1993-96;
Program Advisory Committee 1994 ATLA Annual Convention;
Elected Member, Organization and Home Office Committee, 1994-96;
Member, Judicial Independence Committee, 1998-2000;
Elaine Osborne Jacobson Award Selection Committee, 2002 -

Chicago Bar Association

Member, Federal Trial Advocacy Program Faculty 1984- ;
Member, Tort Litigation Section;
Judicial Evaluation Committee 1985-90;
Past Chairman, Subcommittee on Legislation of Tort Litigation Section;
Past Chairman, Subcommittee on Pending Legislation of Tort Litigation Section

Illinois State Bar Association

President, 1997-98;
President-Elect, 1996-97;
Second Vice President, 1995-96;
Third Vice President, 1994-95;
Member, Editorial Board of the Illinois Bar Journal, 1989-92;
Associate Editor, 1990-92;
Elected Member, ISBA Assembly,
1990-99;
Elected Member, Board of Governors, 1991-99;
Board Liaison to Illinois Bar Journal, 1991-93;
International and Immigration Law Section, 1991-93;
Health Care Section, 1991-92;
Bench and Bar Section, 1992-93;
Young Lawyers Section, 1993-94;
Civil Practice & Procedure, 1993-94;
Member, Rules & By-Laws Committee, 1990-91;
Mutual Insurance Company Board Committee on Long Range Planning, 1992-93;
Life Fellow, Illinois Bar Foundation;
- Board of Directors, Illinois Bar Foundation;
Member, Standing Committee on Long Range Planning, 1992-93;
Vice Chair, Task Force on Minorities and the Justice System, 1993-96;
Elected Member, Scope & Correlation Committee, 1992-93;
Elected, ISBA Treasurer, 1993-94;
Chair, Assembly Committee on Integrated Bar, 1993-94;
Chair, Standing Committee on Investments, 1993-94;
Member, Standing Committee on Budget & Audit, 1993-94;
Chairman, Standing Committee on ISBA Properties, 1994-95;
Member, Standing Committee on Legislation, 2000-

ISBA Mutual Insurance Company

Chairman of the Board, 1999-2000;
Member, Board of Directors, 1995- ;
First Vice President, 1998-99;
Second Vice President, 1997-98;
Chair, Executive Committee, 1999-2000;
Chair, Nominating Committee, 1999-2000;
Chair, Reinsurance Committee, 1999-2000;
Chair, Standing Committee on Personnel 1996-97

Illinois Bar Foundation

Fundraising Steering Committee, 2000 -

Illinois Trial Lawyers Association

President, 2010
Nominating Committee, 1998;
Executive Committee, 1997-98;
Constitutional Challenge Committee, 1995-97;
Co-Chairman, Publications Committee, 1995-97;
Chairman, Constitutional Litigation Committee, 1992-94;
Chairman, Seminar Planning, 1992-94;
Chairman, Legislative Committee, 1989-92;
Rules of Professional Conduct Committee, 1990-92;
Chairman, Amicus Curiae Committee, 1987-89;
Secretary, Amicus Curiae Committee, 1985-87;
Member, Legislative Committee, 1989-93;
Member, Board of Managers, 1985

Loyola University of Chicago School of Law

President, Law Alumni Association, 1998-99;
Alumni Board of Directors, 1991-2000;
Member, Presidents Club, 1990- ;
Member, Dean's Circle, 1998-

The Society of Trial Lawyers

Member, Board of Directors, 1992-95

Trial Lawyers for Public Justice

Trial Lawyers Club of Chicago

Member, Board of Directors, 1987 -

Examples of settlements or verdicts obtained in cases handled by Mr. Smith by year of the result of the lawsuit and by the County where the lawsuit was filed, include:

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.

Result: $12,500,000.00

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 Joseph W. Balesteri.

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 Joseph W. Balesteri, Phillp F. Maher, and William J. Harte.

Result: $5,800,000.00

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 Joseph W. Balesteri.

Result: $4,000,000.00

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.

Result: $6,000,000.00

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 Joseph W. Balesteri.

Result: $2,000,000.00

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 Joseph W. Balesteri.

Result: $6,000,000.00

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 Joseph W. Balesteri.

Result: $20,000,000.00

The Northern Trust Company v. Advocate Health and Hospitals Corporation d/bla 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.

Result: $17,250,000.00

W.R. v. Sudershan D. Saxena, M.D., et. al., 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 Joseph W. Balesteri.

Result: $9,000,000.00

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 Joseph W. Balesteri.

Result: $2,000,000.00

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 Joseph W. Balesteri.

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 Joseph W. Balesteri.

Result: $1,500,000.00

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 Joseph W. Balesteri.

Result: $1,200,000.00

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 Joseph W. Balesteri.

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

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.

Result: $8,000,000.00