Joseph W. Balesteri

M v. A Local Community Hospital

12-year-old girl presented to a Local Community Hospital on October 18, 2016. The employed hospitalists involved in her care and treatment failed to diagnose neck abscesses by CT scanning, failed to recognize her clinical deterioration and organ dysfunction due to infection and failed to timely transfer her to a children’s hospital. The employed interventional radiologist and otolaryngologist failed to perform a sedation assessment, failed to recognize a class IV airway, failed to recognize developing sepsis, failed to protect her airway before giving inappropriate sedation and failed to timely transfer her to a children’s hospital. These providers failed to recognize deep neck abscesses when treating mononucleosis and streptococcal infection leading to continued clinical deterioration. As a result, the minor suffered catastrophic irreversible neurologic injury due to a cardiorespiratory arrest. This is the largest settlement for a brain injured-minor in the history of the State of Illinois. Co-counsel with Joseph A. Power, Jr.

Medical Malpractice/Birth Injury: On December 18, 2011, the Plaintiff Mother presented to the hospital for labor and delivery. Pitocin was administered at 7:30 p.m. to augment labor contractions. Fetal heart rate monitoring began at 7:30 p.m. and was normal and reassuring through 10 p.m. Plaintiffs’ alleged that the fetal monitoring tracings became non-reassuring and abnormal after 10:00 p.m. through delivery at 12:28 a.m. the following morning. Plaintiffs contend that had Mom delivered between 10:30 p.m. and 11:00 p.m. on December 18th, A. would have been neurologically normal. Because of the delay in delivering A., she suffered brain damage and resultant spastic quadriplegia, cerebral palsy and seizures. This settlement is a state record for a child injured at birth.

K. vs. Elmhurst Memorial Hospital, et al.

Medical Malpractice: 46 year old male presents for a laparoscopic nephrectomy due to kidney cancer. During the procedure, aortic transection and ligation occurred with a stapling device which was not recognized by the healthcare practitioners until the patient’s transfer to an outside institution. Additionally, injuries to the right kidney were caused by a stapling device which had transected and ligated arteries to the right kidney. As a consequence, the Plaintiff is a paraplegic and requires permanent dialysis.

R.A v. A Local Hospital, et al.

(2024) Medical Malpractice: 35-year-old mother of 3 girls, all delivered vaginally, presents to hospital for labor and delivery of her first son.  Cessation of Pitocin over hours should have occurred due to tachysystole and/or Category II tracings to improve the tracings and if not, delivery by urgent c-section was needed.  Baby’s tracings were Category I for many hours previously, including on arrival.  The failure to stop Pitocin and notify physician(s) of continued Category II tracings without improvement resulted in fetal deterioration (Category III tracings) and uterine rupture of mom’s unscarred uterus.  Baby suffered total acute asphyxia and permanent neurologic injury.

L. L. v. A Chicago Academic Medical Center (Cook County)

(2023) Medical Malpractice: At 37 weeks, mom was diagnosed in clinic with pre-eclampsia. She was sent directly to a Chicago Academic Medical Center’s labor and delivery unit. The fetal heart tracing was Category I. Mom was allowed to labor. The tracings became Category II, but negligently Pitocin administration continued without tracing improvement, and Pitocin was later increased. Decelerations and worsening Category II tracings followed. At birth, baby experienced permanent neurologic devastation as a result of hypoxia and ischemia and will require 24/7 care and treatment. Co-counsel with Larry R. Rogers, Jr.

Larry R. Rogers, Jr. and Joseph W. Balesteri Y.D. v. A Local Academic Medical Center

(2024) Medical Malpractice: Mom presented to a Local Academic Medical Center for a scheduled induction at 38 weeks due to gestational diabetes. She has a history of a prior c-section and a subsequent vaginal delivery. The effort was again made to have mom deliver by vaginal birth after c-section for this pregnancy. Following Pitocin administration and clear amniotic fluid at rupture, Plaintiffs alleged fetal heart tracing changes occurred, which were not properly responded to by in-utero resuscitation of the fetus which should have included Pitocin cessation. The fetal heart tracings worsened and never improved. Fetal tachycardia and variable decelerations persisted without adjustment of Pitocin. Category II tracings progressed to Category III and ultimately a baby boy was born with Apgar’s of 0,0,3,3, and 3 and cord gases that were compatible with acute total asphyxia. The failure to timely deliver caused respiratory failure encephalopathy and severe neurologic injuries. Plaintiffs alleged this was avoidable with earlier delivery and proper care and treatment. Co-counsel with Larry Rogers. Jr.

Medical Malpractice: Failure to treat high blood pressure caused by brain damage to mother.

Medical Malpractice: An immigrant woman underwent open heart surgery at the University of Illinois at Chicago Medical Center in 1997. It was alleged that the surgeon did not properly remove air from her heart after performing a bypass, causing her heart to suffer an air embolus that left her severely brain injured. She is now fed through a tube and communicates by writing on a chalk board.

Medical Malpractice/Brain Injury: 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.

F.M. v. A Local Community Hospital, Michael J. Riemaier, M.D., and Associates for Women’s Healthcare

(2021) Medical Malpractice: Mom was a gestational diabetic who was advised to deliver her son in the 39th week gestation by a maternal fetal medicine consultant. Her prenatal care was provided by a midwife who was scheduled to deliver her son. After monitoring, cervical ripening and induction, the mid-wife and her supervising obstetrician determined that no cervical change was occurring and mom could go home to return in a few days for another induction (unless she went into labor in the interim). Plaintiff’s experts believe it was unsafe for mom to go home in light of her gestational diabetic risks to herself and her son and his large size as well as abnormalities they identified on fetal heart tracings during the initial scheduled induction. When mom returned, she was allowed to labor for hours prior to birth despite additional abnormalities on fetal heart tracings. Baby was born with imaging suggestive of an older brain injury and an acute brain injury. The defense argued that injury to the fetal brain occurred in the first trimester and thereafter. The midwife and supervising obstetrician were not employees of the local community hospital. The minor has spastic cerebral palsy and a major seizure disorder.

C. v. Thorek Memorial Hospital

Medical Malpractice: The Plaintiff, 51 year old man, experienced quadriplegia following cervical disc surgery due to failure of nurses to communicate post-operative neurologic changes due to spinal cord compression to his neurosurgeon in a timely fashion.

Medical Malpractice/Brain Injury: Doctors at Christ Hospital Medical Center did not monitor M.’s anticoagulant treatment closely enough during rehabilitation treatment in 1998. She suffered a heart attack, which left her permanently brain damaged.

On March 27, 1997, 8 month old K. had a malfunction of his ventricular shunt in place since one month of age for congenital hydrocephalus. He had undergone shunt revision in January. The revision was performed by a resident despite the family’s request for an attending neurosurgical physician. Upon surgical intervention in March, a portion of the shunt was found to have broken away and lodged in the frontal lobe. The shunt failure was attributed by Plaintiff to an improper surgical technique resulting in a cut and separation of the shunt. The child suffered severe brain damage as a result.

Mom’s active phase of labor was less than two hours when Dr. Thorpe placed a vacuum on the baby’s head in an effort to extricate him without maternal or fetal threat. The initial cup used was a Kiwi Pro Cup, which is designed for occiput anterior positioning, however the fetal head position was occiput posterior. The cup popped-off and Dr. Thorpe next applied a Kiwi Omni cup which also popped-off after traction. The cups were placed at 0 to +1 station (mid-pelvis) and were not properly positioned at the flexion point. Because of vacuum use, the baby suffered a focal arterial stroke due to occlusion of blood flow in the right middle cerebral artery. The minor plaintiff is disabled and has permanent and severe injuries.

H.R.G. v. Gianluca Lazzaro, M.D., et al.

(2017) Medical Malpractice: 37 year old male with complaints of abdominal pain presented to emergency room for care and treatment. Consultation was obtained from gastroenterology and general surgery; CT scanning was performed of the abdomen and pelvis. On the first day of his admission the CT scan was under-read and failed to point out findings consistent with appendicitis. Despite indications of sepsis, the gastroenterologist and general surgeon never took nor advocated for surgery. The following day in the evening, H.R.G. suffered a cardio-pulmonary arrest leading to permanent brain injury. Co-counsel with Joseph A. Power, Jr.
Result: $15,750,000.00

N.G. v. A Local Academic Medical Center

(2020) Medical Malpractice: While undergoing surveillance for a previous history of a ruptured brain aneurysm on a 55-year-old female, a recurrent aneurysm was identified on cerebral angiography. About one month later, a decision was made by neuro-interventionalists to attempt a balloon test occlusion (an additional diagnostic study). During the study the balloon test was not performed as the lesion could not be crossed. Following the procedure, signs and symptoms should have revealed to the team that a perioperative stroke may be occurring. A code stroke team was not timely called despite neurologic signs and symptoms following the procedure. As a result, brain injury occurred due to a perioperative stroke including but not limited to permanent difficulties with walking, arm strength, hearing, speech and dizziness. Plaintiff’s experts opined that the additional diagnostic procedure was unnecessary as the aneurysm should have been coiled and a code stroke team should have responded timely.

This case involved the failure to diagnose bradycardia of an in-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 her daughter resulted in her suffering permanent severe choreoathetoid cerebral palsy.

O. v. Illinois Masonic Medical Center

In February 1997, O., following the birth of her daughter, was diagnosed with post-partum cardiomyopat­hy, a condition which could result in blood clot formation in the heart leading to embolic stroke(s). O. was provided Coumadin, a blood thinner, as her ejection fraction was less than 35%. The Defendants were responsible for blood work monitoring (INR assessment) and management of Coumadin. On August 20, 1997, O. suffered a stroke from a hemorrhagic bleed. Plaintiffs alleged that O. was over anti-coagulated (her INR was 3.8 after the bleed) and argued that the standard of care required lesser levels of anticoagulati­on (INR 2 to 3) than the range established by the defendants (INR 2.5 to 3.5). O.’s hemorrhagic stroke caused left-sided hemipares­is. The defense contended, because of an earlier presumed embolic attack in May, the defendant physicians were permitted by the standard of care to have a higher INR than the standard 2 to 3, to prevent another emboli. Additionally, they contended in Europe the INR is typically as high as 5.

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 R.=s brain after the injection. 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. Tim’s baby was born without neurologic injury. Tim Ravanh was left catastrophically brain damaged.

Medical Malpractice: 38-year-old female presented to Local Community Hospital with complaints of abdominal pain, vaginal bleeding, a recent positive pregnancy test, and a history that her pregnancy had passed into the toilet days earlier. She underwent laparoscopic surgery for an “ectopic pregnancy.” During and after the surgery (there was no evidence of pregnancy days later at pathology rather infection), she was never given an antibiotic although ordered pre-operatively. She was discharged without antibiotics and without communication of her abnormal vital signs to the surgeon. She re-presented to the ER 12 hours later, underwent exploratory surgery to look for bleeding (none), experienced septic shock and died from a septic miscarriage.

No Lawsuit Filed (Cook County)
P.T. and S.T. v. Northwestern Memorial Hospital

(2017) Medical Malpractice: 55-year-old married female presented for removal of her esophagus due to difficulty swallowing and regurgitation. During the procedure, Surgical was utilized but was not removed ultimately migrating into her spinal canal compromising her spinal cord, which resulted in paraplegia and a neurogenic bladder and bowel. When imaging was ordered due to symptoms, the imaging was delayed, thereby delaying spinal cord decompression. Lead Counsel Joseph A. Power, Jr.

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.

Medical Malpractice: Plaintiff went to outpatient Midwest Medical Center for a spinal injection of an anti-platelet drug to alleviate neck pain caused by an earlier car accident. The injection caused a blood clot in his spinal cord, causing tingling and numbness in lower limbs. Three hours later an ambulance was called to take him for emergency surgery, but by the time he arrived at the hospital, he was permanently paralyzed.

WR v. The University of Chicago Hospitals and Health System, et al.,

(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.

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 Amy’s condition with appropriate medication and failed to provide Amy, through her family, with information and recommendation of an implantable cardiac defibrillator during the 18 months she was under their care.

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.

R. vs. Christ Hospital, et al.

Medical Malpractice: 53 year old female was transferred by helicopter to Advocate Christ Medical Center from another institution after being involved in an automobile accident. About two and a half hours after arrival she suffered a respiratory arrest followed by a cardiac arrest. Her chest cavity injuries should have been treated by elective chest tube insertion and intubation to avoid possible respiratory deterioration. She suffered permanent severe brain damage and the need for 24 hour care over her lifetime due to these failures.

Medical Malpractice: 39 year old female with a history of Chrohn’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.

40-year-old female delivered twins at Northwestern Memorial Hospital on February 13, 2014. Despite evidence of lower extremity clotting and high-risk status for DVT development, no therapeutic anticoagulation was initiated, nor was a lower extremity venous doppler performed. Additionally, telemetry monitoring previously in place for post-partum cardiomyopathy risks was prematurely discontinued on February 21, 2014. The decedent experienced pulmonary embolism from her lower extremities, cardiopulmonary arrest and was pronounced dead on February 22, 2014 at Northwestern Memorial Hospital. The decedent was survived by her husband and newborn twins.

D.S., Individually and as Independent Administrator of the Estate of E.S.,

Deceased v. NorthShore University HealthSystem d/b/a Highland Park Hospital, No. 13 L 010443 (Cook County)

(2016) Medical Malpractice: 29 year old female was prescribed Desmopressin because of a possible bleeding risk associated with Von Willebrand’s Disease prior to ophthalmologic surgery. This means that sodium levels will fall and can, if unmonitored, become significantly decreased. Surgery was performed and a second dose of Desmopressin was provided prior to discharge. Shortly after her discharge, she was returned to Highland Park Hospital’s ER. Staff in the ER realized her sodium was severely elevated. She was intubated and transferred to the ICU. Her pupils became dilated and fixed. Later a CT showed transtentorial herniation with brain stem compression. She passed away on December 10, 2012, survived by her husband and one year old daughter. Co-counsel with Joseph A. Power, Jr.

(2019) Medical Malpractice: 39-year-old female was visiting a family member at defendant hospital. As she was walking near a water fountain in the hospital hallway, she slipped and fell in a puddle of water. She was transported to the emergency department and it was determined that her knee had dislocated and that she lacked pulses in that leg. After vascular surgeon consultation, Plaintiff was transported to the intensive care unit instead of the operating room. Plaintiff was later brought to the OR after several hours. According to Plaintiff’s experts, the delay in care and treatment (fall to incision was 6 hours) resulted in inadequate blood flow which led to her above-the-knee amputation as her popliteal artery had been severed by her fall. Co-counsel with Thomas M. Power.

S vs. University of Chicago

Plaintiff’s Decedent was diagnosed with breast cancer. During a biopsy of her breast she experienced an anaphylaxis attack according to the defense and medical examiner or a pulmonary embolus according to plaintiff. The plaintiff further alleged a DVT or pulmonary embolus was never ruled out.

During the hospitalization she was placed on Heparin prophylaxis which was later discontinued because of a suspected adverse reaction (HIT) without ordering an alternative anticoagulant. She experienced a fatal pulmonary embolus two days later.

She was a school teacher who left surviving a husband and daughter.

JURY VERDICT: $7,250,000.00

Last Offer: $2,000,000.00

K. v. Northwestern Medical Faculty Foundation

On April 27, 2004, K., a 57-year-old medical malpractice defense lawyer with the law firm of Hinshaw & Culbertson, 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 K. was never advised that the results were abnormal and required cardiac catheterization. He experienced sudden cardiac death on August 9, 2004.

(2020) Medical Malpractice: Plaintiff’s Decedent, a 40-year-old, passed away from non-small cell lung cancer. Two and a half years prior, a cavitary lesion in the left lung had been identified on CT as an incidental finding. A year later, another CT was performed which identified “interval resolution” of the cavitary lesion. Plaintiff contended that this second interpretation was professionally negligent and that in reality, the lesion was larger and more solid in composition as compared to the year prior. Defendant contended that the interpretation was not negligent and further contended that individuals with metastatic disease, due to their genetic makeup, are metastatic years before diagnosis such that earlier diagnosis and treatment would not have changed the outcome. The Decedent is survived by his wife and two children.

B. v. Unnamed hospital

(2005) Medical malpractice. An 8 1/2-year-old boy suffers cardio pulmonary arrest in the operative suit during a tendon release procedures resulting in braining damage. Prior to the procedure, the minor plaintiff was severely mentally disabled.

(2024 – Cook County)

(2024) Medical Malpractice: 57-year-old male presented to a Chicago area hospital for an elective urologic procedure. Hours after the procedure, a rapid respiratory response was called. Plaintiff alleged a failure to work-up, diagnose, and treat pulmonary embolism by increasing heparin therapy from prophylactic to therapeutic dosing. After a brief stay in the ICU, a few hospital days were spent on the general medical floor where a Code occurred, however, death was pronounced. An autopsy revealed a saddle pulmonary embolus and a clot in one lung lobe. The decedent is survived by his wife and three children.

E.K., As Mother and Next Friend of E.M., her minor daughter v. A Local Pediatric Hospital

(2020) Medical Malpractice: Three-year-old girl presented to a local pediatric hospital to undergo surgery for the removal of what was believed to be a cholesteatoma which was affecting left-sided hearing (conductive hearing). The next day she underwent a second surgery to repair physician-caused injury to facial nerve. The ENT in charge of the surgery failed to recognize that the mass was not a cholesteatoma and proceeded to explore the area causing the facial nerve damage. As a consequence, the minor now will need a Baha hearing aid affixed to her skull and has lost the real opportunity to hear on the affected side. She also has permanent facial paralysis resulting in asymmetry of her face, eyes, eyebrow, and smile.

AA, Individually and as Independent Administrator of the Estate of GLA, a minor, Deceased v. Advocate Hope Children’s Hospital, et al.,

(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 GLA 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. GLA suffered an arrest as a result of increasing intracranial pressure and brain herniation resulting in his death. Co-counsel with Joseph A. Power, Jr.

TB, Individually and as Administrator of the Estate of TB, Deceased v. Sherman Hospital, a corporation, et al.,

(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 retroperitoneal bleeding from the site where the femoral artery sheath was removed after surgery. TB had an arrest as a result of blood loss resulting in her death.
Result: $6,000,000.00

(2021) Medical Malpractice: A 59-year-old male presented to a Local Community Hospital for an elective carotid endarterectomy. Following the surgery, blood pressure fluctuations required continued hospitalization. On post-operative day two, there were significantly elevated blood pressures. That evening, signs and symptoms consistent with an expanding neck hematoma developed- a risk of a carotid surgery. With difficulty swallowing and problems breathing, a Rapid Response Team was called to the bedside. A few hours later, a Code Blue occurred when the undiagnosed neck hematoma obstructed his airway causing brain injury leading to death. The decedent is survived by his adult son and his wife.

L.S. v. Susan Ruda, et al.

(2016) Medical Malpractice: 58 year old female underwent a total left knee replacement procedure at a suburban hospital. Post procedure arterial insufficiency was not recognized until three days later. L.S. was transferred to Northwestern Memorial Hospital where it was discovered that the popliteal artery and popliteal vein had been transected during the knee replacement surgery. It was too late to repair the damage and an above knee amputation resulted. Co-counsel with Joseph A. Power, Jr.

In December 2005, Mr. Power obtained a $5,000,000.00 settlement on behalf of the Estate of a 52-year-old man who was a beloved English teacher and swim coach at an elite school despite being a quadriplegic for over 30 years. The man was discharged from the ER with a diagnosis of gastroenteritis, when in fact he had a perforated ulcer, which would have been detected had the staff employed additional diagnostic tools given his state as a quadriplegic. By the time he returned to the ER approximately 24 hours later, he was septic. He battled the infection for nearly a month before passing. He left a surviving spouse.

(2023 – Cook County)
M.R. v. Local Medical Group

Medical Malpractice/Wrongful Death: Decedent (24 year-old male) was seen at a local medical group office in May of 2018 for left leg swelling. He was diagnosed with leg swelling, given an order for an ultrasound and an x-ray, and told to follow-up in one week. Four days later, he died from a saddle pulmonary embolism. Plaintiff alleged that decedent was suffering from deep vein thrombosis in his left lower extremity during the medical appointment four days earlier, and that the fatal pulmonary embolism would have been avoided with proper instruction, treatment, and follow-up. The Medical Group argued that Decedent was given an order for the right test, the ultrasound, to diagnose DVT, and that decedent’s failure to follow through on the order was the sole cause of his death. No offer was made prior to trial; after opening statements, the adverse examination of the involved physician, and plaintiff’s experts, the case settled. Decedent was survived by his parents and adult sibling. Co-counsel with Joseph W. Balesteri.

M.S., Individually and as Independent Administrator of the Estate of J.S., Deceased, v. UIC Physician,

(2018) Medical Malpractice: 29-year-old female presented to the University of Illinois Medical Center with headache and confusion. Plaintiffs alleged that she was experiencing thrombotic thrombocytopenic purpura (TTP) with hemolytic uremic syndrome (HUS) which are known conditions associated with her underlying lupus. The neurology service failed to work-up her presentation as Lupus-related and failed to contact her rheumatologist. She was discharged presenting the next day to a different hospital, where she was immediately diagnosed. The delay in treatment resulted in her deterioration and demise. She is survived by her parents and adult sister.

R.R. and A.R. v. A Local Community Hospital, Physicians Group and Physician

(2018) Medical Malpractice: In 2013, 25-year-old male presented to a family practitioner complaining of blood in his stool. He was diagnosed with hemorrhoids and/or possible anal fissures following a hemoccult. About one year later, he re-presented to the family practitioner with similar bleeding complaints and weight loss, low appetite and low energy and again was diagnosed with hemorrhoids and/or possible fissures. No work-up or any additional testing was done. Approximately two years thereafter, he presented to a local hospital’s ER department with abdominal pain. An ultrasound and CT showed liver abnormalities, several large hepatic masses, lymphadenopathy, and rectosigmoid colon thickening. The results were later identified as metastatic cancer of colorectal origin (Stage IV colonic adenocarcinoma). Since his diagnosis, he has undergone chemotherapeutic treatments, radiation therapy, loss of chance of survival and cure.

Result: $5,000,000.00

WD, Individually and as Special Administrator of the Estate of SD, deceased v. Rush North Shore Medical Center

(2011) Medical Malpractice: 59 year old female was provided excessive anticoagulation therapy after double bypass and valve surgery. A symptomatic pericardial effusion followed, however, the effusion was not timely relieved resulting in cardiac tamponade, anoxic brain injury following arrest and her death. SD was survived by her husband and adult daughter. Co-counsel with Joseph A. Power, Jr.

Result: $5,000,000.00

SMW, Administrator of the Estate of MAB, Deceased v. Rush Presbyterian St. Lukes’s Medical Center, et al.

(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 MAB was monitored in the hospital. Later that day, MAB 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 MAB’s death. MAB was survived by four adult children. Co-counsel with Joseph A. Power, Jr.

Result: $5,000,000.00

N. A., as Independent Administrator of the Estate of R. R., Deceased v. Northwestern Memorial Hospital

Medical malpractice settlement. The decedent presented to Northwestern Memorial Hospital for labor and delivery. She was delivered by caesarian section at 10:30 p.m., delivering her first child and the sole heir to this cause of action. The decedent experienced intraoperative and postoperative bleeding and passed away in the early morning hours of November 13, 2012. The defendants failed to properly monitor her labor and delivery, failed to timely perform a caesarian section and failed to timely monitor and treat blood loss following caesarian delivery. The decedent’s sole heir was hours old at the time of her passing.

A 78-year-old female underwent laparoscopic cholecystectomy. Neither preoperative nor intraoperative biliary imaging was obtained to detail the surgical anatomy so intraoperative anatomical identification of the gallbladder and triangle of Calot was required before cutting or clipping. Inappropriate structures were injured after improper anatomical delineation. Biliary surgery at a subsequent tertiary care center identified the injuries and surgical repair followed.

G.T. v. A Local Rehabilitation Facility (Cook County)

(2022) Medical Malpractice: A 61-year-old husband and father was transferred to a rehabilitation facility following a hypoxic brain injury. He was extubated and required reintubation which was alleged to have been negligently delayed. His death followed. Co-counsel with Thomas M. Power.

E. v. A Community Hospital

(2020) Medical Malpractice: Thirty-four-year-old female presented to hospital for an elective laparoscopic hysterectomy. During the procedure, the iliac vein was injured during entry of the initial trocar, which resulted in major bleeding. Resuscitation was delayed. Due to lack of mass transfusion protocol, lack of blood products, surgical access, power infusion devices, and surgical repair, death occurred intraoperatively. She is survived by her husband and daughter. Co-counsel with Kathryn Conway.

W.S.T., Individually, and as Independent Administrator of the Estate of M.C.T., Deceased v. County of Cook, et al.

(2018) Medical Malpractice: On September 29, 2011, 31-year-old female underwent an effort to remove her left lower wisdom tooth in an operating room at Cook County Hospital. During the procedure, she experienced catastrophic exsanguination due to a laryngoscope blade being passed into her airway and impaling a known congenital vascular malformation on the right side of her mouth by the anesthesia service after oral surgery incised her gum line. This resulted in her death. She was survived by her parents and five siblings.

Result: $4,500,000.00

LT, individually and as Independent Executor of the Estate of GT, deceased v. Rush University Medical Center

(2014) Medical Malpractice: Healthcare practitioners failed to provide 58 year old male with appropriate Coumadin dosing instructions at discharge following an ablation procedure for atrial fibrillation leading to a cardioembolic stroke and his death two months later. The dosing instructions provided included lesser than normal weekly Coumadin dosing and other errors. The decedent is survived by his wife and two adult daughters.

Result: $4,500,000.00

MG, Independent Administrator of the Estate of MG, Deceased v. Rush-Presbyterian-St. Luke’s Medical Center, et al.

(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. MG passed away of asthma three years later – May 2, 2007. She is survived by her adult daughter.

Result: $4,500,000.00

Premises Liability: Two occupants of a home aged 62 and 12 suffered second and third degree burn injuries when their home exploded as a result of gas leakage, which migrated into the home through the sewer line from a main leak in the roadway on their residential block. The explosion resulted in permanent scarring of portions of their bodies. The home was ignited when they entered the home in the winter and the furnace activated resulting in the explosion. (2019)

S.S., Individually and as Independent Administrator of the Estate of M.S., Deceased v. Advocate North Side health Network d/b/a Advocate Illinois Masonic Medical Center

Medical Malpractice: After receiving a history of a patient falling out of a cab going 25-35 miles an hour, hospital staff, including trauma, neurosurgeons and nurses, provided inpatient care to Decedent. On the sixth day of hospitalization, the neurosurgical service and the nursing staff failed to do timely neuro checks, obtain CT scanning, and failed to diagnose increasing intracranial pressure, which had occurred in a delayed fashion following head trauma. That resulted in brain stem herniation and death. The patient was 46 years old at the time of his passing. He is survived by his wife, who remarried prior to trial, and their two minor children. Lead counsel Joseph A. Power, Jr.

(2017) Medical Malpractice: 42 year old male underwent successful bilateral lung transplant on December 27, 2015. On January 11 and 12, 2016, while his tracheotomy tube was capped for the first time overnight, his vitals were inadequately monitored and he experienced respiratory arrest that led to cardiac arrest which resulted in his death on January 12, 2016. He is survived by his wife and 3 children.

LG, Individually and as Independent Administrator of the Estate of EG, Deceased v. Adventist LaGrange Memorial Hospital, et al.

(2014) Medical Malpractice: 38 year old male presented to the emergency room at Adventist LaGrange Memorial Hospital on April 9, 2008 complaining of a sore throat, elevated temperature, chills and muscle pains throughout his body. A flu swab returned negative but his throat was not checked for strep. He was discharged with instructions to return if symptoms worsened. He re-presented to Adventist LaGrange Memorial Hospital on April 11, 2008 when his condition did not improve. The decision to discharge him on April 9, without identifying a bacterial source for his presenting complaints and treating him with antibiotics in the face of abnormal kidney function on lab testing, led to worsening of his condition and the development of streptococcal toxic shock syndrome which took his life on April 12, 2008. EG was survived by his wife and son.

Result: $4,000,000.00

MG as Special Administrator of the Estate of JG, Deceased v. The University of Chicago Medical Center

(2009) Medical Malpractice: 3½ 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

AMH, a minor, by and through her Father and Mother as next friends, v. University of Chicago Health Systems, et al.

(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 AMH’s right leg which had experienced vasospasm the previous day. Shortly after placing the arterial line the arterial wave form was lost. AMH’s right extremity was not checked until after the procedure about six (6) hours later. When AMH’s right leg was checked it was cool, dusky and blue. AMH required emergent vascular surgery. The extremity was salvaged. However, AMH lost all feeling in her leg below her knee.

Result: $4,000,000.00

Medical Malpractice: Following a minimally invasive outpatient ovary and fallopian tube removal surgery for ultimately a benign mass, 46-year-old female was discharged and later taken to another hospital seven hours after surgery and pronounced dead from post-operative bleeding.  Plaintiff alleged failure to recognize increased bleeding risk intra-operatively requiring a 23-hour hospitalization.  Survived by husband and adult sons.  Co-counsel with Kathryn L. Conway.

(2021) Medical Malpractice: 24-year-old male presented to Local Community Hospital with complaints of a headache for 3 days and vomiting. A CT scan was ordered and revealed diffuse cerebral edema and hydrocephalus which according to Plaintiff’s experts, contraindicated the performance of a lumbar puncture. A lumbar puncture (LP) was ultimately done to rule out Meningitis by the Emergency Medicine Physician. After the LP, the young man became unresponsive and passed the next day. He is survived by his parents and two adult siblings. Co-Counsel with Kathryn L. Conway.

(2024) Medical Malpractice: Mom presented for induction with twins, twin A was born first with forceps use and without any issue.  Twin B was born thereafter with forceps use, however, twin B suffered traumatic forceps injuries including closed skull fractures and bleeding within the right ear canal.  Subsequent audiology testing through five years of life revealed complete right-sided hearing loss requiring a cochlear implant.  Cochlear implant surgery was successful.  The disfigurement of the implant and hearing loss were the subject matter damages suffered due to improper forceps use at birth.  Co-counsel with Kathryn L. Conway.

(2020) Medical Malpractice: Forty-two-year-old female was admitted to a local academic medical center’s psychiatric unit and was an inpatient for a total of 5 days. During her stay, she was determined to be a suicide risk and her medications were adjusted and/or terminated. On her fifth day as an inpatient, she was negligently and prematurely discharged without completion of further testing, completion of psychological workup, and without involving the family members in the decision-making process. On the morning after discharge, she was found dead. Her death was by suicide. She is survived by her husband and children.

No Lawsuit Filed
G.M. and N.M. v. Northwestern Memorial Hospital

Medical Malpractice: 61 year old male underwent a colonoscopy, and a possibly palpable nodule was identified within the colonoscopy report. The report was reviewed by the ordering primary care physician; however, no further workup was obtained, whether by urologic consultation or a PSA testing. Approximately, one year later, the primary care physician did order a PSA and urologic consult, which revealed abnormalities, prostate cancer and lymph node involvement. Due to increased risks of mortality associated with delayed diagnosis, this case was settled without the need for filing. Co-counsel was Joseph A. Power, Jr.

M.B. v. A Local Community Hospital and Family Medicine Physician

(2022) Medical Malpractice: Plaintiff presented to a local community hospital after her bag of waters ruptured for purposes of labor and delivery. Baby began experiencing recurrent heart rate abnormalities indicative of fetal distress. Nursing staff negligently continued. Nursing staff also failed to utilize the chain of command when the attending physician failed to respond to phone calls and did not present to the hospital in a timely fashion. Once the attending family practice physician arrived, she failed to recognize fetal distress and did not timely move to a Caesarean Section. Baby died shortly before birth. Decedent is survived by his parents and two older siblings. Co-Counsel with Joseph W. Balesteri.

(2022) Medical Malpractice: Plaintiff tried unsuccessfully to have a child for years and eventually at the age of 45 was able to reach term. During labor, the defendant obstetrician who was also pregnant went to rest while the fetal heart tracings were indeterminant after speaking to an obstetrical resident. Upon returning to the bedside 4 hours later, an elective c-section due to failure to progress was recommended. At birth about an hour later, the newborn was significantly depressed with blood gases and Apgars revealing metabolic acidosis resulting in his death. Upon review of the fetal heart tracings, while the obstetrician was resting and while mom was under the care of a labor and delivery nurse, the strips revealed recurrent variable decelerations requiring communication and expedited delivery. Decedent is survived by his mom and dad. Joseph W. Balesteri as lead counsel, with the assistance of Kathryn L. Conway.

M.L. as Special Administrator of the Estate of M.L., deceased v. Northwestern Medical Faculty Foundation

Medical malpractice settlement. 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 Joseph W. Balesteri.

K.L. v. A Local Hospital (Cook County)

(2023) Medical Malpractice/Birth Injury/Wrongful Death: Immediately after birth, Plaintiff’s newborn daughter required breathing assistance due to a nuchal cord (the umbilical cord around the baby’s neck as she progressed down the birth canal). A pediatric team was standing by at delivery and made two failed attempts to intubate the newborn baby. A neonatal team was called for additional resuscitative efforts and in the interim oxygenation by laryngeal mask airway was not attempted. After intubation, the baby’s heart rate never improved. Plaintiff’s experts believed that the endotracheal tube was not properly placed. Eleven minutes after being pronounced, the baby was noted to still be breathing. Resuscitation efforts were then re-started. She was again pronounced later that day. Decedent is survived by her parents. Co-Counsel with Kathryn L. Conway.

Settlement: $2,500,000.00

Medical Malpractice/Birth Injury/Wrongful Death: Following an induction of labor on January 19, 2021, the baby’s fetal heart rate tracings were initially normal. However, over the course of the next two days, the tracings became abnormal as did the mother’s contraction pattern. Pitocin administration continued despite the presence of abnormal tracings, without intervention from the medical providers, which included attending physicians, resident physicians, and nurses. According to Plaintiff’s experts, a c-section should have been performed on the afternoon of January 20th or the early morning of January 21st, based on the irregular and problematic heart rate tracings. Instead, a crash c-section was performed in the mid-morning of January 21st. The baby was born with hypoxic-ischemic encephalopathy and died on the same day of her birth. She is survived by her parents.

I.R. v. Local Suburban Hospital and Nurse Anesthetist

(2024) Medical negligence/wrongful death: 76 year-old male presented Chicagoland area community hospital for purposes of an elective laminectomy to address his back pain. Anesthesia management was provided by a Nurse Anesthetist (CRNA) and no anesthesiologist or other medical doctor was involved in anesthesia care. The CRNA did not recognize intraoperative vital sign abnormalities, did not communicate the abnormalities to the in-house anesthesiologist(s), and did not intervene to correct and improve the vital sign trends. Inappropriate dosing of anesthetic agents was utilized throughout surgery, which resulted in deterioration of the patient’s blood pressure and a cardiopulmonary arrest. Plaintiff alleged that lack of physician oversight and CRNA mismanagement caused the patient’s death. Co-counsel with Kathryn L. Conway.

On July 12, 2018 plaintiff, age 78, a part-time cardiologist, underwent spinal surgery without complication. However, post-op, while he was in the PACU, a resident anesthesiologist improperly administered the wrong medication and an incorrect dosage of Remifentanil–which caused plaintiff to suffer cardiac arrest and a mild brain injury. Plaintiff suffers from confusion, depression, and lack of concentration following the event. This was the highest reported recovery for traumatic brain injuries of a plaintiff over the age of 70. (2020)

(2017) Medical Malpractice: A 47 year old female presented to the emergency department at MacNeal Hospital and her evolving heart attack was not timely recognized nor treated. Instead, she was treated for GERD resulting in an approximate seven hour delay in diagnosis, ultimately leading to significant heart muscle damage and her death. She was survived by her husband, who passed away during the pendency of the case, and two adult children. Co-counsel with Joseph A. Power, Jr.

SCR, Individually and as Independent Administrator of the Estate of MG, Deceased v. Swedish Covenant Hospital

(2015) Medical Malpractice: 19 year old female presented to Swedish Covenant Hospital with complaints of constipation, abdominal pain and abdominal swelling. She was admitted and was followed by a specialist in general surgery, and a specialist in gastroenterology. During her hospitalization, other than the CT scan performed on her arrival to the hospital on October 30, 2010 radiographic surveillance did not occur again until after a rapid respiratory response was called on November 3, 2010. Hours later on November 3, 2010, she coded and passed away. The cause of her death was toxic megacolon, a condition which required surgical decompression as bowel toxins migrate through the bowel wall causing sepsis. Defendants failed to timely perform surgery and failed to intervene in the face of sepsis to prevent septic shock and death. Source control by surgery was not obtained. Co-counsel with Joseph A. Power, Jr.

Result: $2,300,000.00

(2018) Medical Malpractice: Baby boy was born April 29, 2016. He returned to a local community hospital on May 5, 2016 with fever, not feeding well and appearing lethargic. Agents/employees of a local pediatric hospital failed to recognize and treat Herpes Simplex Virus with a medication called Acyclovir. Acyclovir was eventually administered 42.5 hours after his initial presentation. He was later transferred to a pediatric hospital where he passed away on May 13, 2016. He is survived by his parents and his minor brother. Co-counsel with Joseph A. Power, Jr.

Plaintiff alleged that defendant healthcare providers were negligent in failing to timely recognize and surgically resect a perforated colon caused by ingestion of a foreign body, which resulted in the patient’s death. Decedent was survived by his wife.

H. v. Midwest Center for Women’s Healthcare, Ltd., et al.

After laboring, a maternal fever developed and over the next two hours abnormal heart tracing were present which resulted in a stillbirth. Defendants failed to timely perform a c-section to avoid fetal injury. The parents were the sole heirs. Co-counsel with Joseph W. Balesteri.

Medical negligence/wrongful death: 78 year-old female presented to Chicago area hospital with complaints of a severe 10/10, thunderclap headache. A CT scan was not timely obtained. Had it been, plaintiff alleged a subdural hemorrhage would have been timely identified and treated. Instead, the patient experienced ongoing headache and later incontinence and vomiting when the CT was obtained. Neurosurgical intervention was undertaken too late and the patient died due to extensive bleeding causing brain herniation.

Automotive Negligence: An 11-year old bicyclist was struck by a vehicle while crossing the street and sustained intracranial hemorrhages requiring a craniectomy and significant post-surgical therapy. A video of the crash was obtained by counsel shortly after the occurrence. The case settled prior to suit for the policy limits.

Medical Malpractice/Wrongful Death: Plaintiff’s husband presented to a local community hospital with numerous injuries to his chest and abdomen, including multiple vertebral and rib fractures, following an unwitnessed motorcycle crash. Imaging was performed which identified small bilateral pneumothoraces. The emergency room physician did not insert chest tubes prior to transferring the patient to the nearest trauma center for a higher level of care and Decedent was pronounced dead shortly after arrival to the trauma center. An autopsy was not performed. Plaintiff contended Decedent died as a result of a tension pneumothorax. Defendants argued that cause of death could not be determined in the absence of an autopsy and that Decedent most likely died from bleeding or other organ injury caused by the motorcycle crash. Decedent was survived by his wife.

(2020) Medical Malpractice: Seventy-eight-year-old female suffered an embolic stroke at her home and was not found until 36-48 hours later. Upon arrival and assessment, significant carotid disease was identified as the etiology. Her PCP records revealed a carotid artery bruit that was never properly assessed and/or worked up during yearly office visits for many years preceding her stroke. As a result of her stroke, she suffered neurologic injury as well as orthopedic injury from her fall.

(2021) Medical Malpractice: Mom presented for care at 33 2/7 weeks gestation to the labor and delivery triage at a Local Academic Medical Center. She had been diagnosed during her pregnancy with preeclampsia. The healthcare providers determined due to her blood pressure, that she should remain hospitalized and would be induced at 34 weeks. She was transitioned back and forth from the antepartum unit to the labor and delivery unit during the course of her stay twice. She received two doses of steroids to assist with fetal lung maturity before 34 weeks gestation. Plaintiff’s experts believe that she should have remained on a continuous fetal monitor and should not have been transferred back to the antepartum unit in light of abnormalities on the fetal heart tracings and further, that there was no reason to wait until 34 weeks for delivery. Ultimately, without continuous fetal monitoring, when a nurse checked on the baby’s heart rate on the antepartum unit there was none. Baby was survived by mom and dad.

H.C. and H.S., as Co-Executors of the Estate of P.B., Deceased, v. Northwestern Medical Faculty Foundation, d/b/a The Northwestern Medical Group, No. 16 L 010392 (Cook County)

(2016) Medical Malpractice: 63 year old female passed away as a result of squamous cell carcinoma of the lung with metastasis to the liver, bones and skull. On May 29, 2013, a surveillance chest CT scan was ordered by a Northwestern Faculty Foundation employee. The May 29, 2013 CT result revealed a 10 mm right upper lobe speculated nodule documented as suspicious for primary lung cancer per interpreting radiologist. Another annual CT scan was performed on September 11, 2014. The 2014 scan revealed that the 2013 mass had grown to 19 mm and a new mass in the middle of the right lung was now present. A bronchoscopy followed on September 29, 2014 which revealed the diagnosis – squamous cell carcinoma. Over the next three months, P.B. suffered the painful and disabling consequences of metastasis and passed away a couple of days short of Christmas 2014. She was survived by seven brothers and sisters. Co-Counsel with Joseph A. Power, Jr.

M.B. v. Northwestern Memorial Hospital

(2019) Medical Malpractice: 44-year-old male presented to Northwestern Memorial Hospital’s Emergency Department the morning of March 31, 2014 with complaints of fever, chills and body aches. He was discharged with instructions to return if his condition worsened. He returned that evening with excruciating headache (10 out of 10 intensity). He was diagnosed with presumptive bacterial meningitis and treated. Unfortunately, he suffered cardiopulmonary arrest as a result of septic shock and passed away. Had he been administered proper antibiotics the morning of March 31, 2014, he would not have suffered septic shock nor his death per Plaintiff’s consultants. He was survived by his parents and two adult siblings. Co-counsel with Joseph A. Power Jr.

Result: $2,000,000.00

JS, Individually and as Independent Executor of the Estate of LS, Deceased v. SwedishAmerican Hospital, et al.

(2016) Medical Malpractice: 48 year old female presented to her internist with complaints of left arm numbness, pain and lack of blood pressure in her left arm which she had sought treatment for the previous day in an emergency department out-of-state. Over the next approximate 9 months the internist did not seek to identify the etiology of her blood pressure loss in her left arm despite continued numbness. Plaintiff’s decedent experienced embolization of clot to her head and neck at that time which plaintiff argued was the source (embolization from her aortic arch) of her left arm complaints nine months previous. Decedent was survived by her husband and three adult children.

Result: $2,000,000.00

TJR, Individually and as Independent Administrator of the Estate of JJ, Deceased v. The University of Chicago Medical Center

(2014) Medical Malpractice: 21 year old African-American male was shot in the head and a few months later, while at home, experienced episodes of agitation and confusion. He was taken to The University of Chicago where he was hospitalized for a few weeks, trying to identify the cause. After ruling out a number of conditions, healthcare providers diagnosed acute disseminated encephalomyelitis (ADEM). One of the treatments for ADEM is therapeutic plasma exchanges, known as PLEX therapy. PLEX therapy has the side effect of prolonging clotting times as blood factors and other impurities are removed through the plasma exchange process. After receiving his fourth and final PLEX therapy, the large bore Quinton catheter in his right internal jugular was removed. This decision violated the standard of care according to Plaintiff’s experts as it exposed the patient to significant bleeding and the potential for air embolism. Here, coughing and bleeding occurred over the next few hours. Later in the evening a Code event occurred followed hours later by another Code event and the patient’s death. Plaintiff contended that air embolism took place when the Quinton catheter was removed, allowing air to be entrapped as continued bleeding occurred from the internal jugular vein resulting in the patient coughing, sweating and ultimately experiencing radiographic changes in his lungs. Patient is survived by his mother and father and three half sisters and a half brother.Result: $2,000,000.00

HH, Individually and as Executor of the Estate of JH, Deceased v. St. James Hospital, et al.

(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. JH 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 JH was discharged one hour later. JH 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. JH was survived by his wife and adult daughter.

Result: $2,000,000.00

RM DM v. Michael D. Kornblatt, M.D., et al.

(2005) Medical Malpractice: RM, age 48, experienced incomplete quadriplegia on December 23, 1998 when his cervical discs herniated into a congenitally narrowed spiral canal. Drs. Kornblatt (orthopedic surgeon) and Katz (chiropractor) failed to refer RM 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. Instead, RMr was provided with therapies and medication when he required surgery before permanent injury resulted.

Result: $2,000,000.00

KMH, Administrator of the Estate of AMH, Deceased, v. Waste Management, Inc., Joseph S. Hathcoat, DeKalb Iron & Metal Company, d/b/a Dimco, Aeroquip Vickers, Inc. and Ival E. Miles

(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.

Result: $2,000,000.00

Medical negligence/wrongful death: 67 year-old male underwent elective surgery to remove a previously placed orthopedic spinal cage that had become dislodged. Plaintiff alleged the access surgeon negligently caused vessel injury upon retractor placement. Thereafter, Plaintiff alleged that the access surgeon and hospital staff failed to timely recognize, address, and correct resultant vessel bleeding, causing patient’s death due to exsanguination hours after the surgery concluded.

J.M. v. CTA

(2021) Personal Injury: 24-year-old male was riding a bicycle when he was impacted from behind by a CTA bus. The bus tires caused a fracture of his pelvis which did not require surgery and a ruptured rectum that required a colostomy which was reversed months later.

Result: $1,750,000.00

EB as Special Administrator of the Estate of CB, Deceased v. St. James Hospital, et al.

(2009) Medical Malpractice: 54 year old male (survived by his brother) presented to 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

MRA, Special Administrator of the Estate of FA, deceased v. Visuit V. Vivekaphirat, M.D., Individually and as an agent of St. Francis Hospital of Evanston; and St. Francis Hospital of Evanston

(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

LS and AS v. Abdul Amine, M.D., A Local Community Home Health Agency, and  A Local Sub-Acute Rehabilitation Facility, No. 2016 L 004271 (Cook County)

(2019) Medical Malpractice: The Plaintiff, a 62-year-old male, presented to a local community hospital for complaints relating to his Stage 4 chronic obstructive pulmonary disease. During workup, fractures were identified in his spine associated with coughing and steroid use by treating physicians. One of those fractures was causing spinal cord compromise and a kyphoplasty was performed by Abdul Amine, M.D. Following the kyphoplasty, neurologic signs and symptoms developed but were not identified by Dr. Amine nor staff at a Local Sub-Acute Rehabilitation Facility nor Home Healthcare Nurses, ultimately resulting in paraparesis.

Medical Malpractice: Pathologist under-reported findings contained within a tongue lesion during biopsy interpretation leading to a delay in diagnosis of tongue cancer and progression of disease leading to metastasis and death. The patient was 79 years old at the time of the misdiagnosis and was survived by her husband and children

(2023 – Cook County)
A.M. v. Chicago Area Hospital

Medical negligence/wrongful death: 71-year old female presented to Chicago area hospital with chest pain, back pain, and fever. She had recently undergone chemotherapy for treatment of leukemia. While an inpatient at the hospital, she suffered an unwitnessed fall, resulting in a subdural hematoma. This brain bleed and its sequalae caused her death 2 weeks later. Plaintiff alleged that decedent was a moderate fall risk by objective and subjective measurement and additionally was at high risk for bleeding due to her thrombocytopenia (low platelets) from cancer and chemotherapy. Plaintiff alleged that the bed alarm was not properly set and that had fall precautions been implemented, Decedent’s fall and resultant injury and death would have been avoided. Co-counsel with Joseph W. Balesteri.

S.B.M. v. A Downstate Hospital

(2019) Healthy baby boy born September 9, 2015 to healthy mom. Mom was administered a pain medication (Norco) by a nurse after having passed out post-delivery. The same nurse thereafter gave mom her baby for breastfeeding in the very early morning hours without waking the father of the baby. Upon the nurse’s return (about 50 minutes later), the baby was found unresponsive next to his sleeping mom. The one-day old baby was pronounced dead as a result of asphyxiation from overlay. He is survived by his parents.

Result: $1,000,000.00

RC, Individually and as Mother and Next Friend of HG, a minor v. Little Company of Mary Hospital

(2012) Medical Malpractice: Premature delivery by induction of a preemie (32 weeks) thought to be term, after the defendant radiologist dictated another mother’s pregnancy ultrasound data into the child’s mother’s report. The pregnancy was electively induced in reliance upon a different pregnancy’s data resulting in pre-term delivery and a brain bleed at birth.

Result: $1,000,000.00

JP, as Special Administrator of the Estate of CP, Deceased v. Advocate Christ Hospital and Medical Center

(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 administration in response to blood work, CP 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

KR as Special Administrator of the Estate of AB, Deceased v. David Ross, M.D.

(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

CK v. Rush University Medical Center, et al.

(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 drop foot 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

SM, as Successor Independent Administrator of the Estate of SMM, Deceased v. City of Chicago

(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. SM 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

(2016) Nursing Home Negligence: 64 year old male passed away on June 14, 2014, after staff at a long-term care facility failed to provide him with Klonopin medication that had been prescribed to prevent him from experiencing seizures. No Klonopin was given to Mr. Mayfield from March 19, 2014 through March 24, 2014 when he suffered a seizure requiring his hospitalization at Ingalls Memorial Hospital from March 24 through April 8, 2014. Thereafter, he was transferred to Ingalls Hospice where he remained, mostly unresponsive, until his death on June 14, 2014. Decedent was survived by two sisters, who were found to be his dependents.

L.N. and T.N. v. RUMC, No Lawsuit Filed (Cook County)

65 year old female presented for a minimally invasive left total knee arthroplasty. Prior to closure of the incision, the knee was inadvertently injected with rubbing alcohol instead of saline. Blisters developed post-operatively requiring antibiotic administration leading to Steven-Johnson Syndrome and hospitalization which was not billed. This matter was settled without the need for filing.

HP v. City of Chicago, a municipal corporation

(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

EC v. Northwestern Memorial Hospital

(2003) Medical Malpractice: 32 year old female had an I.V. inserted for calcium chloride treatment following a ruptured placenta. The I.V. infiltrated causing a burn to the dorsum of her left hand with resultant scarring.

Result: $450,000.00

(2012 – Cook County)
R.J. v. Vito Migliore

Auto: The Plaintiff, a 50 year-old male, was riding his bicycle in a designated bike lane on Southport Avenue when he was struck by Defendant’s vehicle, which was making a left turn into a CVS parking lot. The Plaintiff sustained injuries including a dislocated shoulder and rotator cuff repair. Co-counsel Joseph W. Balesteri.