Power, Rogers & Smith: Recent Filings

Plaintiff Files Wrongful Death Action Due to Contaminated Heparin

 

Filed: April 4, 2008
No.

 

Devon C. Bruce, Lead Counsel
Practice Area:

 

On April 4^th, 2008, Attorney Devon C. Bruce filed a wrongful death and survival action on behalf of the Estate of S.V. against Baxter International, Inc., the manufacturer and distributor of heparin, and Wyeth Subsidiary Illinois Corporation f/k/a/ Scientific Protein Laboratories a component manufacturer. The complaint alleges that the defendants manufactured and distributed contaminated heparin. S.V. received the contaminated heparin following a cardiovascular procedure. After receiving the heparin, he suffered an adverse reaction that eventually caused his death which occurred on February 16^th, 2008. S.V. left surviving a wife and two adult daughters.

Heparin is an anti-coagulant that is prescribed by healthcare providers all around the world. Baxter International is one of the primary manufacturers of heparin in the United States. On February 28^th, 2008, Baxter International issued a recall of all of its heparin in the form of sodium injection multi-dose vials and heparin flush products.

The United States Food and Drug Administration stated last month that a cheap heparin substitute made from animal cartilage was used to supplement the heparin which Baxter International imported from China. Since that time, the Food and Drug Administration has estimated that 62 people may have died from allergic reactions associated with contaminated heparin.

Ronnie D. II, a minor, by his parents and next friends, Lori D. and Ronnie D., and Lori D. and Ronnie D., individually vs. Anita A., M.D., and Advocate Health and Hospitals Corp., d/b/a Advocate Christ Medical Center

 

Filed: December 22, 2004
No. 2004 L 14223

 

Thomas G. Siracusa, Lead Counsel
Practice Area: Birth Injury

 

The Defendants are accused of medical malpractice in the birth of Ronnie Davis II on August 27, 1997. The Complaint alleges that the Defendants knew that the fetus was macrocosmic, or large for gestational age, and that the baby suffered a brachial plexus injury during birth. The Complaint further alleges that the Defendants were negligent in failing to recognize the baby's size and the need for a cesarean section delivery, or in failing to anticipate that the baby's delivery would be complicated by shoulder dystocia, or in using excessive traction or force during the delivery.

Arnold N. vs. Merck & Co., Inc., a corporation

 

Filed: December 21, 2004
No. 2004 L 14218

 

Joseph A. Power, Lead Counsel
Practice Area: Drug Liability - Vioxx®

 

The Plaintiff, who suffered two heart attacks after using Vioxx®, a now-withdrawn medication formerly made and sold by the Defendant, claims that use of the medication caused or contributed to his heart problems. Plaintiff Arnold Nilsen sues Merck & Co., Inc., a corporation.

The Defendant is a New Jersey corporation which researched, developed, manufactured, marketed and sold a pharmaceutical product known as Vioxx®. The Plaintiff, an Illinois resident, was prescribed Vioxx® on July 19, 2001, and was allegedly administered the medication from that date until December of 2002.

On December 22, 2002, the Plaintiff suffered a heart attack, and he suffered a second heart attack in August of 2003. The Plaintiff contends that he has suffered from congestive heart failure on and after December 22, 2002. The Defendant withdrew Vioxx® from the market on September 20, 2004.

The Plaintiff argues that the Defendant has negligent in formulating Vioxx® in a manner which increased the risk of cardiovascular problems at a higher rate than those individuals taking other similar drugs, or in failing to properly address and/or investigate the issue of cardiovascular risks through controlled clinical trials, or in failing to properly warn doctors or the public of the increased cardiovascular risks of Vioxx®.

He also further contends that the Defendant was negligent in failing to properly warn doctors or the public of the known potentially dangerous interactions that Vioxx® would have with other prescription medications, as well as in misrepresenting the safety of Vioxx® to the public at large and minimizing the significant cardiovascular risks presented by the drug.

Gerald B., individually and as Special Administrator of the Estate of Harriet H. B., deceased vs. Northwestern Memorial Hospital, Northwestern Medical Faculty Foundation, and Medtronic, Inc., a corporation

 

Filed: December 16, 2004
No. 2004 L 13998

 

Joseph A. Power, Lead Counsel
Practice Area: Medical Malpractice, Product Liability

 

The estate of a patient with cardiac problems who died after one pacemaker had to be removed and another installed, contends that medical malpractice, as well as product defects, caused her death.

Ashley D. vs. Walgreen Company, a corporation, d/b/a Walgreens Pharmacy

 

Filed: December 3, 2004
No. 2004 L 13510

 

Joseph A. Power, Lead Counsel
Practice Area: Medical Malpractice, Drug Liability

 

The Plaintiff, who says she was addicted to Vicodin, which contains a controlled substance, claims that an employee of the Defendant's pharmacy provided her with the drug without a prescription, despite being told by her doctors not to do so, and then forcibly had sexual intercourse with her against her will on the pharmacy premises while she was under the influence of the drug.

Beverly W. vs. Rush Presbyterian St. Luke's Medical Center, and Greggory W., M.D., Defendants, and Michael H., M.D., and Etoi G., M.D., Respondents-in-Discovery

 

Filed: November 10, 2004
No. 2004 L 12681

 

Larry R. Rogers, Jr., Lead Counsel
Practice Area: Medical Malpractice

 

The Plaintiff, who underwent delivery of triplets under the care and treatment of the Defendants, claims that their medical malpractice in failing to properly remove all pertinent products of conception during and after the delivery caused her serious injuries.

Lou D., individually and as Special Administrator of the Estate of Gregory L. W., Jr., deceased vs. The Board of Education of the City of Chicago, and City of Chicago, a municipal corporation

 

Filed: October 28, 2004
No. 2004 L 12179

 

Larry R. Rogers, Jr., Lead Counsel
Practice Area: Wrongful Death

 

The estate of a Chicago high school student who died from the complications of a gunshot wound received at school claims that the Board of Education and City of Chicago are responsible for the death, based on the failure to prevent the initial injury and failure to provide adequate ambulance services for the student following the injury.

Tiffany F., as mother and next friend of Courtney F., a minor vs. Toya M., Julia H., individually and as the agent and/or employee of Catholic Charities of the Archdiocese of Chicago Department of Social Services, a not-for-profit corporation, and/or The Catholic Charities of the Archdiocese of Chicago, a not-for-profit corporation, Catholic Charities of the Archdiocese of Chicago Department of Social Services, a not-for-profit corporation, and The Catholic Charities of the Archdiocese of Chicago, a not-for-profit corporation

 

Filed: September 27, 2004
No. 2004 L 10940

 

Larry R. Rogers, Sr., Brian LaCien, Lead Counsel
Practice Area: Personal Injury

 

The mother of a minor who was placed in foster care claims that her son suffered serious injuries there from contact with hot water, as well as from the failure to provide immediate medical care when he was injured. Recovery is sought against the operator of the foster care home, the caseworker responsible for monitoring the minor's care, and the non-profit-charities that employed the caseworker and made the placement of the minor into the home.

Helen F. vs. Continental Airlines, Inc., a corporation

 

Filed: September 20, 2004
No. 2004 L 10574

 

Larry R. Rogers, Sr., Brian LaCien, Lead Counsel
Practice Area: Aviation

 

The Plaintiff, who was a passenger on an airplane flight of the Defendant airline, claims that she had previously notified the Defendant that she would require assistance in exiting the plane, but that none was provided, resulting in her falling and suffering serious injuries.

Jody S. vs. 69 West Washington Management Company, L.L.C., a limited liability corporation, Aargus Security Systems, Inc., an Illinois corporation, and BGK Security Services, Inc., an Illinois corporation, City of Chicago, a municipal corporation, and County of Cook, a body politic and corporate

 

Filed: September 20, 2004
No. 2004 L 10636

 

Todd A. Smith, Lead Counsel
Practice Area: Premises Liability

 

The Plaintiff attempted to escape from the fire and smoke by exiting the building, but became trapped in one of the stairwells for a period of time. The Complaint alleges that the Defendants were negligent or engaged in willful and wanton misconduct in their response to the fire, causing the Plaintiff's injuries.

Bernice B., as Special Administrator of the estate of Mollie S., deceased vs. Lexington Health Care Group, Lexington Health Care Centers, Lexington Health Care Center of Elmhurst, Inc., Defendant, and Barbara Jo L., Respondent in Discovery

 

Filed: September 08, 2004
No. 2004 L 9983

 

Larry R. Rogers, Jr., Lead Counsel
Practice Area: Medical Malpractice

 

The estate of a resident of the Defendant's nursing home who died after becoming unresponsive while eating alleges that negligence in failing to attempt the Heimlich Maneuver or to summon medical care in a timely manner caused the death.

Elizabeth U., individually, and Scott B. U., individually, and as Co-Administrators of the Estate of Michael B. U., deceased vs. Susan M. S., M.D., individually and as an agent of Northwestern Memorial Hospital and as an agent of Lake Shore Obstetrics & Gynecology, LLC, Elizabeth A. B., M.D., individually and as agent of Northwestern Memorial Hospital, Julie L., M.D., individually and as agent of Northwestern Memorial Hospital, Lsobgyn-I, Ltd., d/b/a Lake Shore Obstetrics and Gynecology, LLC, and Northwestern Memorial Hospital

 

Filed: August 20, 2004
No. 2004 L 9462

 

Joseph A. Power, Lead Counsel
Practice Area: Medical Malpractice

 

The parents and estate of a baby who died several days after birth claim that medical malpractice of the Defendants in failing to timely treat the mother's uterine rupture, in failing to properly monitor fetal heart rates, and in failing to properly and timely perform a cesarean section delivery caused the baby's death.

Colette P., Special Administrator of the Estate of John L. P., Jr., deceased vs. Michael M., individually and as an agent/employee of Advocate Health and Hospitals Corporation, d/b/a EHS Christ Hospital and Medical Center, and as an agent/employee of Midwest Anesthesiologists, Ltd., and Advocate Health and Hospitals Corporation, d/b/a EHS Christ Hospital and Medical Center, and Midwest Anesthesiologists, Ltd.

 

Filed: August 16, 2004
No. 2004 L 9215

 

Larry R. Rogers, Lead Counsel
Practice Area: Medical Malpractice

 

The estate of a man who died several days after surgery claims that medical malpractice in connection with the general anesthesia provided caused the death. The Complaint alleges that Michael M. was negligent in failing to adequately observe or evaluate the patient, in failing to properly manage his fluid status, and in failing to properly monitor his vital signs.

Theresa G., individually and as Special Administrator of the Estate of John G., Jr., deceased vs. Loyola University Medical Center, and as agent of Loyola University Physician Foundation, Loyola University Medical Center, and Loyola University Physician Foundation, Defendants, and Elmhurst Memorial Hospital, Lifesource, Respondents in Discovery

 

Filed: August 3, 2004
No. 2004 L 8716

 

Thomas G. Siracusa, Lead Counsel
Practice Area: Medical Malpractice

 

The estate of a man who died after seeking a blood transfusion from the Defendants contends that medical malpractice in connection with that transfusion caused his death. The Complaint alleges that the Defendant failed to properly cross-match blood products for the decedent's transfusion, and failed to properly and timely recognize the decedent's need for blood or to properly and timely administer a blood transfusion.

Willie H., individually and as special administrator of the estate of Josie H., deceased vs. Mercy Health Care System, and Mercy Hospital and Medical Center, Respondents-in-Discovery

 

Filed: July 22, 2004
No. 2004 L 8244

 

Larry R. Rogers Jr., Lead Counsel
Practice Area: Medical Malpractice

 

The estate of a patient who died after receiving medical care and treatment from the Defendants claims that medical malpractice in failing to timely diagnose her subdural hematoma caused her death. The Complaint alleges that the Defendants were negligent in failing to properly interpret a CT scan of the brain, in failing to order appropriate medications for the patient, in ordering inappropriate medications for the patient, and in failing to timely diagnose a subdural hematoma in the patient.

Wanda W., independent administrator of the Estate of April B., deceased vs. Deepak Mital, M.D., Rush University Medical Center, d/b/a Rush-Presbyterian-St. Luke's Medical Center, Ethicon, Inc., and Johnson & Johnson

 

Filed: July 15, 2004
No. 2004 L 7955

 

Larry R. Rogers, Joseph W. Balesteri, Lead Counsel
Practice Area: Medical Malpractice

 

The estate of a woman who died after surgery in which she donated a left kidney to her mother claims that either medical malpractice and/or products liability in connection with clips used in the surgery caused the death.

Jerry S. vs. Metropolitan Pier and Exposition Authority, a municipal corporation, Vertical Reality, a corporation, and Eurobungy Germany Corporation

 

Filed: May 27, 2004
No. 2004 L 5865

 

Devon C. Bruce, Lead Counsel
Practice Area: Product Liability

 

Navy Pier visitor seeks recovery for injuries allegedly suffered on bungy cord ride. The Complaint alleges that there were no signs there instructing users of the ride, about how to conduct themselves, no warnings giving users of the ride, and no oral or written instructions provided. There were multiple harnesses that were available for riders to utilize, depending on the guest's size and weight. The Plaintiff contends that he was improperly fitted with a harness that did not fit him. While on the ride he allegedly sustained a serious injury to his left arm. Damages are sought for claims of negligence and product liability.

Mary K., individually and as Special Administrator of the Estate of Edward W., deceased vs. Elmwood Care, Inc., an Illinois Corporation

 

Filed: May 17, 2004
No. 2001 L 5552

 

Larry R. Rogers Sr., Lead Counsel
Practice Area: Medical Malpractice

 

Estate of paraplegic resident of nursing home claims that this death was hastened by decubitus ulcers (bed sores) caused by negligence in his care. The Complaint alleges that the Defendant, through its agents and employees, was negligent in failing to adequately and properly monitor the patient, in failing to provide adequate and proper skin care, in failing to adequately and properly position the patient to avoid ulcers from occurring, in failing to timely provide the patient with a special bed or mattress, in failing to administer medical treatment as ordered by a physician in a timely manner, in failing to prevent the patient from developing pressure sores, and in failing to provide necessary treatment and services to the patient to promote healing, prevent infection and prevent new sores from developing. Damages are sought for wrongful death and for the patients pain and suffering prior to death along with an award of attorneys' fees and cost.