Significant Verdicts & Settlements

$2,000,000

Curtis was a three-year-old riding his tricycle at the Cabrini-Green housing project when a large metal gate fell and crushed him to death. The CHA and its management company, UPA, were aware that the gates were in poor condition and that children routinely used them as swings but no action was taken. The lawsuit was settled for $2,000,000.00 after an expert metallurgist hired by Donald A. Shapiro, Ltd. examined the gate and found the welds to be defective.

$1,500,000.00:

Plaintiff, a twenty-seven-year-old missionary, survived by an elderly mother and twelve siblings, jumped off an unguarded fire escape on the sixth floor of Cook County Hospital and died. Carrie had been admitted for a prior suicide attempt caused by high levels of steroid medication prescribed to her for Lupus, yet when she was admitted to Cook County Hospital they kept her on the same high dose of steroids and no suicide precautions were taken.

$2,500,000.00:

Nineteen-year-old Wanda Rosado became very ill after routine surgery to remove her gallbladder. She spent seven weeks in St. Elizabeth Hospital but her doctors never tested for a bile leak. Wanda eventually went to the University of Illinois Hospital, where the doctors immediately suspected and diagnosed a bile leak, but by then it was too late. Wanda died, leaving a two-year-old son behind.

$1,500,000.00:

Donald Stites became addicted to pain pills given to him by Dr. Dallas and others. In order to get him off the pain pills, Dr. Dallas prescribed methadone, but she prescribed a lethal dose. Donald was found dead two days later.

$1,126,808.70:

Forty-two-year-old Mark Dow, a professional choreographer, exited his car in the parking garage of a downtown high-rise condominium building when his feet suddenly slipped out from under him due to a patch of oil on the garage floor surface. Both of the bones in his lower leg were broken and required surgical repair. When our personal injury attorneys looked at the scene, we thought that the incline of the parking garage where Mr. Dow fell seemed unusually steep, so we hired an architect to examine the premises. He determined that the slope was almost twice the maximum allowed by the City of Chicago building code.

The combination of the steep slope and the oil on the garage floor gave us the basis for establishing liability against the parking garage. As to damages, Mark was a professional choreographer who was never able to dance after the injury. He was still on crutches at the time of trial due to recent surgery to remove the surgical hardware from his leg. We obtained for Mr. Dow one of the highest verdicts ever reported in Cook County for a slip and fall case with a broken leg.

$1,126,808.70:

Forty-two-year-old Mark Dow, a professional choreographer, exited his car in the parking garage of a downtown high-rise condominium building when his feet suddenly slipped out from under him due to a patch of oil on the garage floor surface. Both of the bones in his lower leg were broken and required surgical repair. When our personal injury attorneys looked at the scene, we thought that the incline of the parking garage where Mr. Dow fell seemed unusually steep, so we hired an architect to examine the premises. He determined that the slope was almost twice the maximum allowed by the City of Chicago building code.

The combination of the steep slope and the oil on the garage floor gave us the basis for establishing liability against the parking garage. As to damages, Mark was a professional choreographer who was never able to dance after the injury. He was still on crutches at the time of trial due to recent surgery to remove the surgical hardware from his leg. We obtained for Mr. Dow one of the highest verdicts ever reported in Cook County for a slip and fall case with a broken leg.

$1,387,400.00:

After years of chronic obesity, Lynn Pikrone decided to have gastric bypass surgery. Dr. McClellan, a bariatric surgeon, did the surgery but afterwards Lynn suffered from intractable vomiting. Dr. McClellan operated on her three more times but the vomiting persisted. A fourth operation at Rush North Shore was also unsuccessful. By the time Lynn went to the University of Chicago, she was in the end stages of malnutrition. The doctors at the University of Chicago discovered that the bypass had been hooked up backwards and, accordingly, they reversed the bypass hook-up, saved Lynn’s life and allowed her to live a normal life. The jury’s verdict was $1,387,400.00.

$1,000,000.00:

The complaint alleged that the defendant, a radiologist, negligently interpreted a mammogram as normal when, in fact, it was abnormal and should have led to a diagnosis of breast cancer. Approximately eight months later, the Plaintiff noticed a lump in her breast and subsequent follow-up led to the correct diagnosis but the delay caused the staging of the cancer to be worse and the patient required a mastectomy rather than a lumpectomy. The case was settled for the defendant’s policy limits.

$420,000

Please click here for a full description of this case, which was profiled nationally in the Professional Negligence Law Reporter in December 2013.

$750,000

75 year old Evelyn Gardner was diagnosed with terminal metastatic breast cancer and died within 5 months. Her primary care physician, Dr. Raymond Kazmar, had not ordered a mammogram in 10 years. He claimed that he was acting only as the patient’s rheumatologist. The lawsuit was settled for $750,000.

$750,000

57 year old Mary Baker presented to Dr. Shymal Bose, a gastroenterologist, for a colonoscopy due to blood in her stool and unexplained weight loss. Dr. Bose interpreted the results as normal but 6 months later the patient had a colonoscopy with a different doctor who found a large cecal mass and she was diagnosed with metastatic colon cancer. Studies showed the cancer had already metastasized when Dr. Bose misread the colonoscopy. The lawsuit was settled for $750,000.

$1,500,000

Joscelyn Johnson was 38 weeks pregnant when her doctor, Dr. Emanuel Javate scheduled her to be admitted to St. James Hospital in Chicago Heights early to induce her due to pregnancy induced hypertension and an expected large for gestational age baby. Joscelyn suffered a rare complication known as a uterine rupture, a condition where the uterus tears causing a disruption of the blood flow and thus the oxygen flow to the fetus. Although the nurses and the doctor were supposed to be monitoring her they shrugged off the warning signs and tragically assumed that all was well when it wasn’t. Because Dr. Javate was employed by a federally qualified clinic, the case had to be filed in federal court and there was no right to a jury. The US government (which represented Dr. Javate), refused to even discuss settlement so the case proceeded to trial and was tried by Don and Matt in January, 2014. The Honorable Thomas Durkin issued his decision on September 5, 2014 ruling in favor of the plaintiff and assessed the damages at $1,500,000. In his 58 page written decision he found for the plaintiff on virtually every aspect of the case.

$2,500,000

Paula Chibe, aged 35, was admitted to Ingalls Memorial Hospital on March 14, 2011 for back pain and was evaluated by neurosurgeon Martin Luken MD, who determined she needed emergency L5 and S1 laminectomies which were accomplished on March 16, 2011. THe patient was cleared for surgey by Dr. Asma Manzar, a hospitalist. Anestehsiologist Jeffrey Yeh, concluded the patient had probable obstructive sleep apnea (OSA), based on physical exam and he altered his anesthetic approach by doing an awake intubation and avoiding narcotics, due to the increased risk of respiratory depression posed by OSA. Dr. Manzar did not note probable OSA in her evaluation. Postoperatively, Dr. Luken wrote an order for 3 to 4 mg of subcutaneous Dilaudid, and Nurse Montes administered 3mg of Dilaudid around 3:20 am on 3/17/11. Nurse Montes checked on the patient an hour later and accepted a nonverbal response as to the effect of the medication from the patient, in violation of Ingalls policy which prohibitted reliance on nonvernbal responses. The patient was found unresponsive an hour thereafter and a code blue was unsuccessful and the patient died. Plaintiff contended the Dilaudid was excessive, and that the defendants failed to appreciate the risks that probable OSA with Dilaudid would lead to respiratory depression. Plaintiiff argued all providers had a duty to ensure the patient was hooked up to a pulse oximeter to guard against respiratory depression. Plaintiff also argued that Dr. Manzar and Dr. Yeh had a duty to warn the neurosurgeon Dr. Luken about the respiratory depressive effects of Dilaudid in light of the patient’s probable OSA and to advise him to order a pulse oximeter. After deliberating for more than 3 hours, the jury returned a verdict for $2,500,000 in favor of Paula’s five children on May 26, 2016.

Please click here for a full description of this case, which was profiled on the front page of the Cook County Jury Verdict Reporter on July 29, 2016.

$4,000,000

This was a medical malpractice wrongful death and survival case involving a misconstruction of a Roux-en-Y gastric bypass procedure. The two surgeons connected the intestinal limb coming from the main stomach (the proximal portion) back up to the gastric pouch, instead of down to the distal intestine. They also connected the lower portion of the transected intestine back onto itself, instead of to the newly created stomach pouch. Thus, they created two separate circular systems without communication with each other, or what in effect was a Roux-en-O connection rather than the intended Roux-en-Y connection. Therefore, there was no way for digestive fluids produced by the stomach, pancreas and liver to get to the intestines. Instead, their only outlet for elimination was back through the mouth via vomiting. As a direct result of the misconstruction, the 26- year-old female patient became gravely ill, sustained irreversible lung injury, became comatose, and died four weeks after the surgery, leaving two parents and three adult siblings. This misconstruction is very rare, with only four similar cases ever reported in the world’s medical literature.