Re: Garner v, Carter Excavating
Lead Counsel: John B. Kralovec
Practice Area: Motor Vehicle Negligence

Verdict: $51,800,093.00

A thirty-two year old unmarried, male high school teacher was rendered a quadriplegic when the “bed” of a tractor-trailer dump truck disengaged from the truck and landed on Plaintiff’s van. Highest Illinois compensatory verdict for personal injury (non-death).

Re: O’Hara v. Nursefinders

Lead Counsel: John B. Kralovec
Practice Area: Wrongful Death

Jury Verdict: $12,508,098.49; offer: $500,000

A twelve year old cortically blind, spastic quadriplegic drowned in a bathtub of water when left unattended by her home care nurse.

Re:  Estate of Michael Pleasance v. City of Chicago and Alvin Weems

Lead Counsel: Allen Schwartz and Craig P. Mannarino
Practice Area:  Police Shooting, Wrongful Death

Verdict: $12,500,000.00

March 8, 2003, Michael Pleasance, M-23, was fatally shot by Chicago Police Officer, Alvin Weems at the CTA Red Line train terminal located at 95th Street and the Dan Ryan Expressway.  Pleasance was shot in the head and died instantly; he was single, unemployed, survived by his mother and brother.  Officer Weems was employed by the Chicago Police Department, detailed to the Mass Transit Unit, and stationed at the CTA terminal where the Police Department provided 24-hour security.  When he arrived to work shortly after 6:00 a.m., he observed a fight in progress inside the station.  Plaintiff contended the fight was between two unarmed males, while Weems said it involved four or five young men with one of them wielding a pipe-like object.  Officer weems, who was still in plain clothes and not wearing his duty weapon or identification, immediately approached with his auxiliary off-duty weapon drawn in order to break up the fight.  He pulled one of the males aside and backed him against a wall to arrest him.  Pleasance, who was not involved in the fight, walked over to that man’s side.  Several eyewitnesses testified in their depositions that Pleasance told Officer Weems to put the gun down and there was no need for him to be pointing a gun in a train station.  A CTA survellance videotape of the occurrence showed Pleasance holding a coat, speaking with the officer, gesturing towards the other individual involved in the fight, and Officer Weems then pointing his gun and shooting Pleasance in the face without justification.  The video showed no evidence of any aggressive, threatening or intimidating actions by Pleasance.  Officer Weems admitted in his deposition that the shooting was not justified, but maintained his weapon was drawn due to safety concerns, Pleasance approached him while he was struggling with the arrestee, Pleasance continued to approach and argue with him despite repeated instructions to step back while he was still struggling with the uncooperative arrestee and his weapon unintentionally discharged.  Prior to trial, in May 2007, the defendants admitted liability for the death of Michael Pleasance, and the case was tried only on the issue of damages.  The Estate’s sole claim was for loss of society to Pleasance’s mother and brother.  The defense argued Pleasance had a history of incarceration, drinking and smoking marijuana, which negatively impacted his relationship with his family.  Defense further asserted he could not contribute much to his family because he was educable mentally handicapped and unemployed, and presented testimony from his substance abuse counselor and the psychologist who evaluated him for for Social Security disability.

Re: Estate of Judy Burkhart v. Schneider National Carriers, Inc., et al.

Attorney: Steven K. Jambois
Practice Area: Auto Wrongful Death

Verdict: $8,300,000.00 (Will County)

A thirty-seven year old woman died upon impact when a semi-tractor trailer failed to stop at the temporary stop sign and broadsided her vehicle. Traffic lights at that intersection had gone out earlier that evening due to a power failure, however the City of Joliet had put up temporary stop signs.

Re: Daniela Vlahovic v. Catherine Baker, M.D., et al.

Lead Counsel: Craig P. Mannarino
Practice Area:  Medical Malpractice

Verdict: $8,070,000.00

A 69 year-old woman was left partially paralyzed after a stroke that was caused by undiagnosed and untreated hypertension.

Re: Robert Spinks v. Arby’s, Inc., R.B. Skokie Corp.

Lead Counsel: David E. Schwartz
Practice Area:  Premises Liability

Jury Verdict: $7,184,103.00 after 25% off $9,578,804.00 v. R.B. Skokie Corp. ($578,804 medical expenses; $2,000,000 future medical expenses; $2,500,000 pain & suffering;  $500,000 disfigurement; $4,000,000 disability);  Arby’s Inc. dismissed on Summary Judgment.    offer:  $1,000,000.00

February 10, 1996, plaintiff M-19, was shot in the neck by Oscar Peralta while dining at the Arby’s restaurant at York and Grantley, in Elmhurst, resulting in incomplete quadriplegia with paralysis from the chest down and limited use of hands and arms ($578,804.00 medical bills).  Plaintiff sued the franchisee, R.B. Skokie Corp., and the franchiser, Arby’s Inc., alleging lack of training, allowing loitering in the restaurant, and failure to notify police of incidents on both the day of and the day before the occurrence.  Specifically, plaintiff claimed that on February 9, 1996, the store manager witnesses an altercation in the parking lot between two rival gangs and saw Oscar Peralta point a gun at patrons in the restaurant shortly thereafter.  Plaintiff also claimed the same manager saw a pickup truck with six occupants whom she suspected were involved in the previous night’s incident slowly cruise the parking lot a half hour before the shooting, but again failed to notify police.  Peralta was apprehended shortly after shooting plaintiff and sentenced to 25 years in prison.  Defense argued that plaintiff as a former gang member (who also witnessed events of previous evening) should have been aware of the danger of returning to the restaurant and had greater knowledge of the risk of gang retribution than store managers.  Jury apportioned liability 45% against Peralta and 30% against R.B. Skokie, which is liable for the full amount under joint and several liability.

Re: Alperstein v. Wolfson, et al.

Lead Counsel: John B. Kralovec
Practice Area: Negligence

Settlement: $6,000,000.00

A four year old boy attending a backyard swimming pool party at the home of his mother's employer suffered a near-drowning in the presence of thirty adults, which left him with significant disabilities.  The initial trial resulted in a hung jury and settled thereafter.

Re: R. Campbell v. Bayou Steel, Corp, et al.

Lead Counsel: John B. Kralovec
Co-counsel: Andrew B. Tarnoff
Practice Area: Negligence

Settlement: $6,000,000.00

A twenty-four year old longshoreman suffered an above-knee amputation of his left leg and a crushing injury to his right leg when a 5000 pound bundle of iron angled steel which had been improperly loaded fell on his legs.

Re: Estate of Carlson v. Simborg Development Corp.

Lead Counsel: John B. Kralovec
Practice Area: Wrongful death

Settlement: $5,600,000.00

A thirty-two year old construction worker and father of three was killed when a poorly supported wall under construction collapsed.  Settlement was reached after six days of trial.  This settlement is the largest reported settlement of a wrongful death case in the State of Illinois in 1995.

Re: Eriksen v. Kenneth Moore, M.D.

Attorney: John B. Kralovec

Jury Verdict: $5,450,000.00; offer: 0

Divorced mother of one was treated for migraine headaches over a period of years. Plaintiff died as a result of a brain herniation from undiagnosed and untreated hydrocephalus.  Record verdict for unmarried homemaker mother of one in Cook County.

Re: Estate of Bullaro v. Daniel A. Pacella, M.D.

Lead Counsel: John B. Kralovec
Practice Area: Medical Malpractice, Wrongful Death

Verdict: $5,219.080.00

A 50 year old mother and wife died following colon resection surgery (failed anastomosis) as a result of Defendant doctor’s failure to perform a colostomy at the time of the surgery.

Re: James Terry Parker and Marilyn Parker v. Lamar Advantage GP Company, LLC, et al.

Attorneys: Alexander M. Sukhman and Ryan E. Yagoda
Practice Area: personal injury

Settlement: $5,000,000.00 (Cook County)

A forty-six year old male sustained serious and permanent injuries when the outdoor billboard sign he was working on (owned by Lamar) collapsed, causing him to fall approximately 15 feet.  As a result of the collapse, Mr. Parker suffered a compression fracture of his L-1 vertebrae causing permanent bowel and bladder dysfunction, impairment of gait, chronic pain, and permanent disability from work.

Re: Estate of Janice Suera vs. Floyd Heller, M.D.

Lead Counsel: Craig P. Mannarino
Practice Area:  Medical Malpractice, Wrongful Death

Verdict:  $4,830,000.00

A 46 year-old woman died during an elective intubation when the anesthesiologist improperly placed the endotracheal tube into her esophagus and failed to recognize that it had been misplaced.

Re: Estate of Larson v. Loyola University Medical Center

Attorney: John B. Kralovec

Settlement: $4,500,000.00

50 year old husband and father of three with previously diagnosed malignant stromal tumor, died of unrecognized internal bleeding following liver biopsy/resection.

Re: Stillwell v. Theodore Fox, M.D. 

Attorney: John B. Kralovec

Jury Verdict: $4,250,000.00; offer: 0

First verdict by an NFL football player against a "team physician" for allowing a player to continue playing after it was clear that he should have retired.  The Plaintiff was administered numerous injections by Defendant to keep him playing. Plaintiff's knee permanently damaged and will require a knee replacement in the future.

Re: Bonfiglio v. Soo Line, Inc.

Attorney: John B. Kralovec

Jury Verdict: $4,000,000.00; offer: $100,000.00

Thirty-eight year old car-man for Soo Line  was injured when his loading machine was rear-ended by a co-worker.  Plaintiff suffered no immediate damage, however, developed an asymptomatic hydromyelia in spinal cord.  Plaintiff able to work; however, due to rare nature of condition, he may ultimately be disabled at least to some degree.  Largest verdict for this injury in Cook County.

Re: R. Brent v. Northwestern Salt Co. et. al

Attorney: John B. Kalovec

Settlement: $3,800,000.00

Thirty-one year old husband and father of two was working on sound barrier walls on I-294 when a salt truck lost a wheel and struck plaintiff.  Plaintiff suffered multiple leg and pelvic fractures.

Re: Estate of Precious Matthews, deceased minor v. Gottlieb Memorial Hospital

Lead Counsel: Allen N. Schwartz
Practice Area:  Medical Malpractice

Jury Verdict: $3,781,393.00; offer: $400,000.00

February 6, 1997, mother, Catina Matthews delivered a stillborn girl (42 weeks gestation) at Gottlieb Memorial Hospital.  Parents alleged that the hospital nurses were negligent in managing the labor and delivery and that their negligence was the proximate cause of death.  Defense for the hospital admitted negligence and liability, and case was tried on damages only.  In support of their loss of society claim, the parents testified that they continue to “celebrate” their child’s birthday with a graveside ceremony including birthday cake and release of balloons.  Hospital pathologist who performed autopsy testified that the child had no anomalies or genetic defects.  Defense called no witnesses and did not cross-examine any of plaintiff’s witnesses; defendant sought to offer into evidence government statistics regarding child-rearing expenses to offset loss of society damages claim, pursuant to Bullard v. Barnes, but Judge Solganick barred the evidence based upon defendant’s failure to disclose intended use of statistics during pretrial discovery and also based upon his understanding that child-rearing expenses are admissible only if pecuniary damages including lost earnings are sought, but not when the only claim is for loss of society.  Defense counsel reports that in September, 2001, another judge recommended settlement of $600,000.00-$750,000.00, to which counsel for both sides indicated agreement but the parents refused, preferring to have a jury decide the case.  COMPARISON:  verdict is an Illinois high for stillbirth according to JVR records; previous high was $2,250,000.00 after 10% off $2,500,000.00 in Will County earlier this year..

Re: Estate of G. Bryant v. Carter’s Excavating

Attorney: John B. Kralovec

Jury Verdict: $3,599,218.00

Twenty-two year old unmarried female was killed when the “bed” of a tractor-trailer dump truck disengaged from the truck and landed on the van in which plaintiff was a passenger.

Re: John Poljack v. Rehabilitation Institute of Chicago

Attorney: John B. Kralovec

Settlement: $3,400,000.00

Forty-Seven year old husband and father developed Gentamicin toxicity and subsequent bilateral vestibular damage as a result of Defendants’ failure to monitor plaintiff’s Gentamicin levels.

Re: Richard Rosa v. Jonathan C. Silverstein, M.D.

Attorneys: Alexander M. Sukhman and Ryan E. Yagoda
Practice Area: Medical Malpractice

Settlement:  $3,250,000.00 (Cook County)

A thirty-four year old male suffered severe injuries following an improperly performed Gastric Bypass Surgery. The Surgeon’s operative report was inconsistent and the Surgeon failed to advise the patient of his significantly higher than average complication rate prior to performing surgery.  Paid by the State of Illinois.

Re: Juan Munoz v. The City of Chicago

Attorneys: Steven K. Jambois & Alexander M. Sukhman
Practice Area: Personal Injury

Settlement: $3,250,000.00 (Cook County)

A thirty-four year old man suffered complete paralysis of the right arm, loss of vision in his right eye, and traumatic scoliosis after losing control of his motorcycle when he drove over a large pothole.  City of Chicago had notice of and had previously inspected it, but failed to repair the pothole until after this accident.

Re: Estate of Tiffany Ross v. Carle Clinic Hospital

Attorneys: Ryan E. Yagoda and Alexander M. Sukhman
Practice Area: Medical Malpractice

Settlement: $3,000,000.00 (Champaign County)

A thirty-one year old wife and mother of three died after her physicians failed to timely diagnose and treat hydrocephalus following surgery to remove a benign, brain tumor.

Re: Robert and Sharon Horney v. Carle Clinic

Attorney: Steven K. Jambois
Practice Area: Medical Malpractice

Verdict:  $2,842,000.00 (Champaign County)

A seventy year old male’s cancer metastasized to his brain as a result of a 9 month delayed diagnosis by the Hospital.

Re: McKinstry v. Snap-On, et al.

Attorney: John B. Kralovec

Settlement: $2,700,000.00

Minor child sustained severe injuries while a passenger in an automobile that struck a left-turning vehicle and was then rear-ended by A Snap-On-Tool Truck which was following Plaintiff’s vehicle to closely.

Re: Litman v. University of Chicago Hospitals

Attorney: John B. Kralovec
Settlement: $2,578,125.00
 
Plaintiff, wife and mother of two was admitted to hospital for bowel resection surgery.  Plaintiff developed cardiac tamponade as a result of an improperly placed central venous catheter and subsequently died.

Re: Estate of James Thomas v. Decatur Memorial Hospital, et al

Attorney: Steven K. Jambois
Practice Area: Medical Malpractice

Settlement: $2,500,000.00 (Macon County)

A forty-four year old male was admitted to the hospital after he fell from his bicycle. He was taken into surgery for a closed reduction of his nasal fracture and repair of the facial lacerations.  The plastic surgeon intended to utilize 1:100,000 concentration epinephrine and 4 percent cocaine pledgets.  While in fact, the patient was injected with 1:1,000 concentration epinephrine and placed 10 percent cocaine in the nasal septum.  Shortly after, the patient became hypotensive, developed ventricular tachycardia and other abnormal vital signs and died.

Re: Estate of Conboy v. Meade

Attorney: John B. Kralovec

Settlement: $2,500,000.00

This case involved an automobile collision with a truck.  This is the largest wrongful death settlement to date in Grundy County, Illinois.

Re: Gregory v. Loyola University Medical Center

Attorney: John B. Kralovec

Settlement: $2,400,000.00

Thirty-two year old husband and father of one died of a massive heart attack as a result of Defendant’s failure to diagnose and treat decedent’s coronary artery disease.

Re: Dean Lovell v. Sarah Bush Lincoln Health Center

Attorneys: Ryan E. Yagoda and Alexander M. Sukhman
Practice Area: Medical Malpractice

Verdict: $2,380,000.00 (Coles County)

A sixty-two year old retired school teacher and active volunteer at Sarah Bush Lincoln sustained a rectal-urethra fistula after he was negligently given an enema five days after undergoing a radical, retropubic prostatectomy. This is the highest jury verdict in the history of Coles County, and there was never an offer to settle the case throughout the litigation.

Re: Estate of A. Vaughns v. Advocate Christ Hospital & Medical Center

Attorney: John B. Kralovec

Settlement: $2,365,000.00

18 month old child died as a result of being intubated into esophagus as opposed to trachea by resident physician and respiratory therapist.  Attending physician failed to recognize and correct improper intubation causing death.

Re: N. Sparacino v. Loyola University Medical Center

Attorney: John B. Kralovec

Settlement: $2,200,000.00

Infant born with elevated  billirubin levels went untreated resulting significant hearing loss.

Re: Estate of Poltroch v. Chicago & Northwestern Railroad

Attorney: John B. Kralovec

Jury Verdict $2,100,000.00; offer: $400,000.00

Married mother of one was struck and killed by a commuter train while attempting to cross the tracks.  Plaintiff was a pedestrian at the time, and defense contended that train was clearly visible.  Appellate Opinion created new law regarding post-accident changes and expert testimony in presence of eye witnesses.  Record verdict at that time for loss of wife and mother.

Re: Craig Hastings v. Preservation and Conservation Association of Champaign County

Attorneys: Ryan E. Yagoda and Alexander M. Sukhman
Practice Area: Premises Liability Negligence

Verdict: $2,100,000.00 (Champaign County)

The Police Chief of Tuscola sustained a skull fracture, three vertebral fractures, a separated clavicle, a rotator and bicep tear, and fractures of the small bones in his inner ear after falling down an empty stairwell when the Defendant removed the stairs without providing a warning or barricade.

Re: Estate Everett v. Karen Meyer, M.D., et. al.

Attorney: John B. Kralovec

Settlement: $2,050,000.00

A forty-two year old father and husband of two whose blood clot was undiagnosed resulted in pulmonary embolus and death.  Largest reported malpractice death settlement in Kane County.

Re: Estate of Alianello v. Pildes

Attorney: John B. Kralovec

Settlement: $2,000,000.00

Death of thirty-one year old mother of two as a result of a  delay in diagnosing breast cancer. Plaintiff initially brought the existence of a suspicious lump to her doctor's attention thirteen months before diagnosis.

Re: Boyd v. Drs. Jiotis and Martini

Attorney: John B. Kralovec

Settlement: $2,000,000.00

Thirty-eight year old wife and mother of two suffered neurological injuries as a result of an improperly placed intrathecal catheter device.

Re: Estate of Charlotte Deckert, deceased v. Pioneer Center of McHenry County, Joseph B. McCarthy

Lead Counsel: Allen N. Schwartz
Practice Area:  Medical Malpractice

Jury Verdict: $1,564,180.00 after 25% off $2,085,573.00 ; offer: $75,000.00.

Re: Estate of Delores Matsen, deceased v. Dr. Joseph Hindo

Lead Counsel: Allen N. Schwartz
Practice Area:  Medical Malpractice

Jury Verdict: $1,514,033.00 ($4,033.00 burial, $350,000.00 pain & suffering, $1,160,000.00 loss of society); offer: none

Plaintiff, F-51, was admitted to St. Joseph Medical Center in Joliet on the morning of July 27, 1993 with complaints of central chest pressure.  She was seen during the day by defendant, Dr. Joseph Hindo, who failed to diagnose her condition of aortic dissection.  She died at midnight that evening leaving 3 adult children.  Defendant contended decedent did not present with classic signes and symptoms of an aortic dissection.

Re: Estate of Evelyn Macias v. St. Anthony Hospital

Attorney: Steven K. Jambois
Practice Area: Medical Malpractice

Verdict: $1,500.000.00 (Cook County)

Evelyn Macias was born on August 16, 1995.  State Regulations require hospitals to send neonatal screening samples to the Illinois Department of Public Health within 72 hours of it being drawn from the newborn.  The Illinois Department of Public Health received the samples 13 days later.  The newborn died on August 30, 1995 from undiagnosed Galactosemia.

Re: Jerosky v. Loyola University Medical Center

Attorney: John B. Kralovec

Settlement: $1,500,000.00

Fifty year old decedent was treated with steroids following exposure to toxic fumes.  While hospitalized for uncontrolled sugar levels, decedent suffered a pulmonary embolus and died.

Re: Estate of Marie Ficarella v. Eric Bass, M.D.

Attorneys: Ryan E. Yagoda, Alexander M. Sukhman and Laurie A. Niego
Practice Area: Medical Malpractice

Verdict: $1,500,000.00 (Will County)

A seventy-six year old woman died following complications after a laporascopic hernia repair surgery.  Mrs. Ficarella returned to the emergency room 12 hours after being discharged from the hospital following surgery with numerous signs and symptoms of an intestinal perforation.  The surgeon, after learning of this information from the emergency room physician, did not come to see his patient for over 9 hours resulting in her death.

Re: Estate of Merle Bray v. Patrick Murphy, M.D., et al.

Lead Counsel: Craig P. Mannarino
Co-Counsel:    Alex Sukhman
Practice Area:  Medical Malpractice, Wrongful Death

Verdict: $1,439,824.00

An  81 year-old man died of a retroperitoneal hemorrhage following a minimally invasive ERCP when his physician failed to discontinue heparin (a blood thinner).  This is one of the largest verdicts in a medical malpractice case in McLean County.

Re: Estate of Elizabeth Bowler v. Theodore Christou, M.D., and James Murphy, M.D.

Attorneys:  Alexander M. Sukhman and Ryan E. Yagoda
Practice Area: Medical Malpractice

Settlement: $1,400,000.00 (Cook County)

A seventy-five year old wife and mother of five was paralyzed after her orthopedic surgeon and internist failed to timely diagnose and treat a hip infection following hip replacement surgery that resulted in a spinal infection and paralysis.

Re: Estate of Deborah L. Peoples v. Won K. Lee, M.D.

Attorneys:  Alexander M. Sukhman and Ryan E. Yagoda
Practice Area: Medical Malpractice

Verdict: $1,400,000.00 (Warren County)

A forty-five year old non-immuno suppressed woman died due to cryptococcal meningitis.  She had seen her primary care doctor, who failed to diagnose her condition on numerous occasions leading up to the death with complaints of severe headaches.  This was the highest jury verdict in the history of Warren County and the first verdict ever for a plaintiff in a medical malpractice case.

Re: Robin Levin v.  Dr. Waitzman

Attorney: John B. Kralovec

Jury Verdict:  $1,229,336.00

Forty year old mother of two (ages 5 and 2) gave birth to twins as a volunteer surrogate for her brother and sister-in-law.  Defendant OBGYN failed to remove all products of conception (placenta) necessitating a hysterectomy six weeks later leaving plaintiff unable to bear more children.

Re: Rashidah Karim v. Ronald Michael, M.D.

Attorneys: Ryan E. Yagoda and Alexander M. Sukhman
Practice Area: Medical Malpractice

Settlement: $1,200,000.00 (Kankakee County)

A fifty-four year old woman required two revision surgeries after her neuro-surgeon negligently performed an L5-S1 posterior fusion.

Re: Krystyna Winemiller, Dale Winemiller v. Dr. Donald E. McCanse, M.D., Rockford Clinic, Ltd.

Lead Counsel: Allen N. Schwartz
Practice Area:  Medical Malpractice

Jury Verdict: $1,011,897.00; offer: $350,000.00

June 24, 1991, defendant surgeon mistakenly identified, plaintiff, F-37, common bile duct as the cystic duct during laparoscopic cholecystectomy at Rockford Memorial Hospital and cut the common bile duct, resulting in conversion to open cholecystectomy, two surgical repairs of common bile duct, and a series of balloon dilatations for strictured hepatic duct two years later ($51,897.00 medical bills).  Plaintiff needs life-long monitoring for possible restricture and is at risk for future liver failure and liver transplant.  Defense contended that common bile duct injuries are recognized complications of laparoscopic cholecystectomies and can occur in absence of negligence.  Defense also maintained that the plaintiff had an anatomic anomaly in the form of a short cystic duct and common hepatic duct which was unusually adherent to the gallbladder.

Re: Estate of Fred Berkes, deceased v. Dr. Manakavalan John Prabhaker

Lead Counsel: Allen N. Schwartz
Practice Area:  Medical Malpractice

Jury Verdict: $827,058.00;  offer:  none

Morning of September 25, 1985, Dr. Ovitz, family practitioner, did liver biopsy on mail carrier, at Sycamore Municipal Hospital.  Plaintiff’s blood pressure fell steadily after procedure, which punctured his transverse colon.  At 10:00 p.m. surgeon, Prabhaker, saw plaintiff, ordered blood, plasma “tonight” – which wasn’t given – and went home.  At 1:45 a.m. plaintiff died of exanguination (autopsy:  four liters of blood in the abdomen).  Prior Dekalb medical malpractice high $389,700.00.

Re: Estate of Jack Marchbank v. Silver Cross Hospital,
Dr. Bassam Kawadry, Fischer Mangold

Lead Counsel: Allen N. Schwartz
Practice Area:  Medical Malpractice

Jury Verdict: $720,000.00; offer: $150,000.00

Plaintiff, M-73, suffered a stroke which left him paralyzed on his left side with limited ability to swallow.  A PEG (gastronomy) tube was inserted at Silver Cross Hospital in Joliet by Dr. Rafael Castro on May 30, 1996.  Plaintiff was transferred to a nursing home and two days later he pulled out the tube.  He was sent to the Silver Cross Hospital Emergency Room where Dr. Kawadry inserted a Foley catheter into the open stoma site and sent plaintiff back to the nursing home.  Feedings resumed through the tube and plaintiff became septic.  He was sent back to Silver Cross Hospital where it was determined that the catheter had perforated the transverse colon instead of the stomach.  Plaintiff developed peritonitis and septic shock which required extended hospitalizations and ventilatory care.  He died on October 18, 1996, from multiple causes including undiagnosed metastatic lung cancer ($220,000.00 in medical bills).  Defense for Dr. Kawadry contended that inserting a catheter into a recent stoma site complied with the standard of care and that he aspirated back gastric contents which confirmed that the catheter was in patient’s stomach.  Defense further contended the catheter could not perforate the colon and the colon was probably perforated during the original PEG insertion performed by Dr. Castro.  Hospital was sued as the apparent agent of Dr. Kawadry.  Although hospital’s consent form clearly stated E.R. physicians were not employees of the hospital, the nurses failed to obtain plaintiff’s signature or the consent of plaintiff’s family for the care provided by Dr. Kawadry.

Re: Joseph Anzelone v. Rellek, Inc., f/k/a Keller Industries, Inc.

Lead Counsel: David E. Schwartz
Practice Area:  Product Liability

Jury Verdict: $702,765.00 ($240,000 pain & suffering, $380,000 loss of normal life;  $52,458 medical bills) offer: $5,000.00

November 26, 1993, plaintiff was using a 24 foot Keller extension ladder to hang Christmas lights at his Lake Zurich home when the ladder slid out, causing him to fall.  Plaintiff claimed the ladder was defective because its feet did not rotate and lay flat, brackets were bent and no notch was cut in side rail.  Plaintiff M-36, sustained comminuted calcaneus fracture in right heel, requiring open reduction  and 2 fusions ($552,458.00 medical, $530,307.00 lost time as AT&T computer operator).  Defense contended plaintiff leaned to the right and caused fall, bracket bends occurred post-manufacture, notch was not necessary for safe use, and ladder could not have slid out.  First reported verdict against Keller, defense attorney Kaulas and expert Jon Ver Halen after several not guilty verdicts.

Re:  Estate of Sam Lattucca v. Charles Tattersall, M.D., et al.

Lead Counsel: Craig P. Mannarino
Practice Area:  Medical Malpractice

Verdict:  $600,000.00

A 69 year-old man permanently lost all use of his left arm and hand following a vascular procedure when his surgeon failed to diagnose post-operative compartment syndrome.

Re: Kathryn Adams v. Sarah Bush Lincoln Health Center, et al.

Attorneys: Alexander M. Sukhman and Steven K. Jambois
Practice Area: Medical Malpractice

Verdict: $561,389.00 (Coles County)

Re: Karen Thiel v. Nicholas Caro, M.D., et al.

Lead Counsel: Craig P. Mannarino
Practice Area:  Medical Malpractice

Verdict:  $500,000.00

A 52 year-old woman sustained permanent vision loss following a series of LASIK vision corrective procedures which were performed in the presence of epithelial ingrowth.

Re: William and Rebecca Evans,  parents to Heather, a minor  v. Dr. James Cromer, M.D.

Lead Counsel: Allen N. Schwartz
Practice Area:  Medical Malpractice

Jury Verdict: $500,000.00 (limit);  offer:  none

After defendant had given Heather, age 5, Penicillin derivatives from 1977 three times with no adverse reaction, although her mother had told him of allergic reaction in 1976 with another pediatrician, it was prescribed again on August 8, 1979, resulting in a rash, 105.2 degree fever and on August 10, the first of many seizures with discharge.  In October, 1979, brain damaged from supposed viral encephalitis, the diagnosis never having been Penicillin allergy.

Re: Carrie Taylor, D.V.M., v. Steven Potaczek, M.D.

Attorneys: Ryan E. Yagoda and Alexander M. Sukhman
Practice Area: Medical Malpractice

Verdict: $500,000.00 (Knox County)

A thirty-two year old veterinarian received $500,000 after her orthopedic surgeon improperly repaired a distal radius fracture of her left arm resulting in the potential need for a future wrist fusion.  This was the first plaintiff’s medical malpractice verdict since 1991.

Re: Elsie Slevnik v. Gary Marcotte, D.O.

Lead Counsel: Allen N. Schwartz
Practice Area:  Medical Malpractice

Jury Verdict: $265,000.00; offer: none

Retired, F-65, a diabetic, asserts that from September 1988 to March 1989 defendant family practitioner failed to diagnose and treat a post-operative infection that developed in the lower part of her left leg after a vein was harvested for bypass surgery.  Skin grafting was eventually required, but a 6” by 2” area of the leg is severely disfigured ($45,000.00 medical expenses).  Defense denied that the incision site was infected.  Attributed the leg damage to a slow-healing diabetes-related ulcer.

Re: Lynn Pahlke v. Stacey Pahlke

Lead Counsel: Robert J. Kelleher
Practice Area:  Assault

Jury Verdict: $166,048.00 after 30% off $237,211.00 ($75,000 loss of normal life; $100,000 pain & suffering;  $10,000 aggravation or prior psychological condition; $41,211 medical bills;  $11,000 lost time)   offer: $15,000.00

Plaintiff, Lynn Pahlke, is the ex-wife of David Pahlke, defendant Stacey Pahlke is his current wife.  On April 15, 1994, plaintiff drove to David and Stacey’s Skokie home to pick up her 12-year-old daughter.  Defendant came out of the house to the curb where plaintiff was sitting in her car, a verbal argument ensued, and defendant either slapped or accidentally touched plaintiff’s face.  Plaintiff got out of the car to get her daughter who was outside, and a second altercation occurred between plaintiff F-35 and defendant F-31.  Plaintiff fell to the ground and defendant got on top of her,  repeatedly beating plaintiff’s head into the concrete pavement for 10-12 minutes until police arrived.  Plaintiff suffered a herniated C6-7 disc requiring surgery, post-concussion syndrome, temporary vocal cord paralysis for six months, and aggravation of previous psychological problems with depression, anxiety, post-traumatic stress disorder and agoraphobia ($41,211.00 medical bills, $11,000.00 lost time – 1 year as cosmetolgoist).  Defense argued self defense and provocation, contending defendant had walked away from initial encounter and plaintiff then became the aggressor.  Evidence of criminal conviction was barred.  Plaintiff filed both negligence and intentional act counts against defendant.  Defendant’s insurance company filed Reservation of Rights, claiming defendant’s conduct was intentional and outside the scope of her homeowner’s policy.  Plaintiff dropped the intentional act count at start of trial and case was tried solely on negligence.  The jury found defendant’s conduct to be negligent and plaintiff to be 30% comparatively negligent for her role in the altercation.

Re: Dominic Buttita v. Lombard Pacific Club, Inc., and Mark Miller

Lead Counsel: David E. Schwartz
Practice Area:  Assault

Jury Verdict: $108,500.00 v. Miller after dram shop Lombard Pacific Club settled for $24,000.00

Plaintiff M-44, claims that on June 2, 1987 defendant Miller verbally threatened him and used ethnic slurs in the presence of the bar manager – but no action was taken.  Miller later followed plaintiff outside and kicked him, causing wrist fracture, required surgery ($10,090 medical expenses).  Defense contended that no duty was owed to plaintiff, denied Miller was intoxicated or having any indication that he was dangerous.

Re: Estate of Mary Taylor v. Carle Clinic Association, et al.

Attorneys: Alexander M. Sukhman and Ryan E. Yagoda
Practice Area: Medical Malpractice

Settlement: Confidential (Champaign County)

A seventy-seven year old woman suffered a stroke two days after a hip replacement surgery.  Patient had numerous risk factors for stroke and should have been given anticoagulant medications sooner.