Kathryn L. Conway

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.

J.D., et al. v. Trucking Company and Steel Company (2019 – Northern District of Illinois District Court)

Trucking/Transportation Negligence: A father (M-64), mother (F-43), and their only daughter (F-11) were rear-ended by defendants’ semi-tractor/trailer when its driver fell asleep on Interstate 55. All three were killed (the father was survived by two adult children from prior marriages and the mother was survived by her parents and siblings). Plaintiffs alleged that the trucker, who was acting under the defendant steel company’s direction, had routinely violated the hours of service and other federal regulations and as a result, according to a sleep expert, was chronically sleep-deprived, which contributed to cause the fatal crash. Joseph A. Power, Jr. co-counsel with Kathryn L. Conway and James I. Power.

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.

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.

Wrongful Death/Medical Malpractice: (2022 – Cook County) The 59 YO patient presented to an outpatient Advocate Clinic with signs and symptoms of an upper respiratory infection and an abnormal pulmonary exam noting “mild congestion bilaterally.” The patient was noted to have spent time with her father in a nursing home who had recently tested positive for MRSA. The patient was given a prescription for Azithromycin, an antibiotic that does not cover MRSA. Two days later, she presented to South Suburban Hospital with signs of an advanced pneumonia, which was later confirmed to be a MRSA pneumonia. Plaintiff argued that the abnormal pulmonary exam was indicative of a lower respiratory infection and necessitated the ordering of an x-ray to rule out PNA and that an antibiotic effective against MRSA had to be given. Advocate argued that MRSA-PNA is exceedingly rare and that Azithromycin is an antibiotic that covers the most common bacterial pneumonia agents. The patient was survived by her husband, who passed away 5 years later, and three adult sons.

M.A. v. Woodharbor Millworks, et al.

The Plaintiff was struck and partially run over by a right-turning truck as she began to cross the street while on her bicycle. The Plaintiff suffered injuries to her pelvis and abdomen, requiring the use of a diverting colostomy which may or may not be permanent. Additionally, the Plaintiff suffered from symptoms of PTSD. The Plaintiff was unmarried and not working at the time of the collision.

Medical Malpractice: The Plaintiff, a 66 year-old woman, suffered paraparesis after physicians at an area hospital failed to timely diagnose and treat her rare spinal cord lesion. The defense contended that the delayed diagnosis was inconsequential, because the lesion was in a location that rendered it inoperable.

(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.

L.T. v. Cook County Stroger Hospital

On May 10, 2013, Plaintiff’s Decedent (F-55) presented to Cook County Stroger Hospital for the purposes of undergoing a pacemaker insertion surgery due to her chronic cardiac condition. Post-surgical bleeding was encountered and the Plaintiff’s Decedent remained an inpatient through June 2, 2013, at which point she was discharged home. She re-presented four days later complaining of shortness of breath. She suffered an arrest the following morning and died as a result of pneumonia and hypovolemic shock. Plaintiff contended that a surgical evacuation and/or blood transfusions should have been undertaken upon Decedent’s re-presentation to Stroger hospital, prior to her arrest. The Decedent is survived by her husband and four adult children.

Estate of J.T. v. M.C.

The Decedent was attempting to cross the street in a crosswalk in her motorized wheelchair when a truck driver failed to stop at a stop sign and struck her. The Decedent suffered eviscerating injuries to her lower extremity, which lead to her death shortly thereafter. The Decedent was unmarried and unemployed at the time of her death, and is survived by four adult children, two of whom lived out of state.

(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.

J.D. v. Undisclosed Hospital

Medical Malpractice: The Plaintiff underwent sinus surgery as a remedy for recurring upper respiratory infections. Plaintiff alleged that the operating physician negligently penetrated the orbit and severed the optic nerve, several muscles and tissue supporting and controlling the Plaintiff’s right eye, resulting in partial blindness, inability to control eye movement, as well as chronic pain.

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.

N.W. v. Advocate (2015 – Cook County)

The Plaintiff’s Decedent presented to the Defendant hospital in the early morning complaining of a sickle cell crisis. Plaintiff alleged that due to a failure to properly and timely monitor and treat Plaintiff’s Decedent over the next 36 hours, the Decedent developed acute chest syndrome, which caused her death. Defendants claimed that the Decedent’s acute chest syndrome developed rapidly due to a fat embolism, and that intervention would not have prevented her death.

A 70-year old female went into Advocate Illinois Masonic for a planned thyroidectomy due to the development of a massive goiter. During surgery, she suffered a stroke. Plaintiff alleged that the stroke was caused by deep anesthesia and resultant hypoperfusion to her brain. Defendants maintained that the stroke was embolic and caused by dislodged plaque due to manipulation of the right carotid artery in order to remove the massive tumor. The Plaintiff suffered weakness on her left side as a result of the stroke and required the use of a cane and/or walker to get around. She was already retired at the time of the stroke. There was a $100,000 offer prior to trial. The $4.6 Million verdict, included an award of $2 Million for emotional distress.

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.

Estate of M.G. v. CTA, 10 L 11637 (2015 – Cook County)

The Decedent was attempting to cross the street when she was struck by a left-turning CTA bus and ultimately run over by its rear tires. Defendants contended that Decedent was distracted and on her phone at the time of the collision. Initially, the CPD and CTA believed another vehicle was involved in the collision and that Decedent was struck by that vehicle and somehow forced under the bus as she was crossing the street on the east side of the bus’ turn. Through the use of video from a CPD camera, video from the rear of the CTA bus, and reconstruction efforts, Plaintiffs’ counsel determined that no other car was involved in the collision and that Decedent had actually been on the west side of the bus as it was making its turn, and was struck due to the phenomenon of off-tracking. Decedent was a mother of two, and was separated from her husband, the father of her first child, and living with her boyfriend, the father of her younger child. Co-counsel Thomas M. Power.

(2022 – Northern District of Illinois)
M.S. v. Local Construction Company and Its Employee

Negligence/Premises Liability: On July 6, 2018, the Plaintiff was injured when he was working as a field hand on a rural construction site, assisting in the moving of large pieces of building materials. A heavy metal cable he was working with suddenly retracted into the machine being operated by the Construction company’s employee, causing several fractures to Plaintiff’s leg and an inability to return to work for a year and a half. The Defendants contended that the Plaintiff was injured because he was in a place he was not supposed to be and that he was a borrowed employee and his sole remedy was under Workers’ Compensation.

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 Joseph W. Balesteri.

(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 Joseph W. Balesteri.

Wrongful Death/Medical Malpractice: The minor Decedent was born with a congenital heart defect. Plaintiffs allege that the Defendant did not obtain their consent before converting a diagnostic procedure to an interventional procedure and negligently elected to place a plug in an attempt to occlude the minor’s collateral vessel. After failing to obtain total occlusion, the Defendant placed a second, larger Plug and caused perforation of the vessel and for the minor Decedent to exsanguinate and die.

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.

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.

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.

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

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.

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.

C.P. v. A Chicagoland Area Hospital

Medical Malpractice: A 52-year old male was under general anesthesia at an outpatient surgical center for excision of a benign mass on his neck. During the surgery, a fire erupted causing burns to his face. Plaintiff contended the fire began when the cautery device contacted the surgical drapes and was drawn to the open oxygen source near the patient’s face. Plaintiff’s anesthesiology expert opined that the use of any supplemental oxygen was unnecessary, as evidenced by the patient’s end tidal oxygen concentrations near 100 at the time of incision and throughout the surgery, and that had oxygen not been used, the fire would not have occurred.

Recovery: $2,000,000.00

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.

Medical Malpractice/Birth Injury: Plaintiffs’ alleged that the decedent physician failed to recognize the presence of a shoulder dystocia, despite numerous risk factors including the application of a vacuum at a high station, and applied excessive downward traction in order to effectuate the delivery, thereby causing the baby to supper a permanent brachial plexus injury. Defendants disputed the presence of a shoulder dystocia and maintained that Plaintiff’s injuries were the result of the internal forces of labor.

Medical Malpractice/ Wrongful Death: The Decedent died from a pulmonary embolism eight days after undergoing surgery at Westlake Hospital allegedly because she did not receive appropriate anticoagulation medication post-operatively. Plaintiff alleged that the Defendant care providers failed to appreciate the patient’s risk factors for developing deep vein thrombosis (DVT) and pulmonary embolism. Defense argued that pharmacologic intervention was not necessary because the patient was ambulating adequately post-operatively

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.

(Cook County)
K. v. Motorist and Local Construction Entities

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.

(2023 – Cook County)
C.B. v. Local Rehabilitation Facility

Medical Malpractice/Wrongful Death: Decedent was an inpatient at a Local Rehabilitation Facility, after suffering a ruptured aneurysm and brain injury and undergoing an aneurysm coiling procedure at an outside institution. During her inpatient stay at the Rehab Facility, she initially required supplemental oxygen administration via a tracheostomy collar. Decedent was discovered with her tracheostomy collar detached and without a pulse. Plaintiff alleged that the soft upper limb restraints were not properly placed, thereby allowing Decedent to decannulate herself. Plaintiff further alleged that Decedent’s care providers failed to timely and appropriately respond to the pulse-oximeter alarm, leading to anoxic injuries and her death five days later. Co-counsel with Joseph W. Balesteri.

C.G. v. A Local Premises Operator (Cook County)

(2022) Premises Liability: The 65 year old Plaintiff was injured when he was caused to trip and fall on a cable left on the public sidewalk. Plaintiff’s foot became caught on the cable, causing him to fall forward, head-first, into a nearby metal barricade. Plaintiff was diagnosed with central cord syndrome, which required cervical decompression surgery. Co-counsel with Joseph W. Balesteri.

Medical Malpractice/ Wrongful Death: Plaintiffs allege that Decedent was admitted for a routine hip replacement surgery. During his post-operative, inpatient treatment, his care providers failed to recognize the presence of an ileus and, after Decedent began to experience difficulty breathing, the anesthesia service attempted an intubation but failed to protect Decedent’s airway, which caused Decedent to go into cardiac arrest and pass away.

S. R. v. Patricia Duffy

Automobile Negligence: The minor plaintiff was injured by a left-turning vehicle when struck in a marked crosswalk, sustaining road rash injuries to her back, left scalp, and ear, resulting in permanent scarring. Defendant-driver’s insurance paid its entire policy after Plaintiff’s deposition.

Settlement: $1,250,000.00

(2016 – LaSalle County)
City of Marseilles v. Ingram Barge

Maritime/Property Damage: The City of Marseilles, Illinois suffered severe flood damage after barges owned and operated by Ingram Barge Company allided with the Marseilles dam on the Illinois River, adjacent to the City center, which impeded the flow of water through the dam and caused significant flood damage to sewer, roads, and other City property.

(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.

A.S. v. A Local Community Clinic

Medical Malpractice/Wrongful Death: 51-year-old female went to a Local Community Clinic which dispensed over-the-counter dietary supplements containing concentrated green tea extract. Plaintiff’s experts believe that a physician’s office should not be dispensing dietary supplements without explaining the risks involved to consumers/customers. Over the course of a few months with additional visits to the clinic for these dietary products, liver failure resulted in hospitalization, hospice care, and her death. Plaintiff’s decedent did not fit criteria for organ transplantation. The clinic had $1 million of insurance. Dietary supplements are not subject oversight by the Food and Drug Administration in the United States. Survived by two adult children and her husband. Co-counsel with Joseph W. Balesteri.

S.G. v. MetroSouth Medical Center

Medical Malpractice: The Plaintiff presented to MetroSouth for the performance of an MRI. Plaintiff maintained that the IV catheter was improperly placed in a small vein in the dorsum of the Plaintiff’s thumb, which caused an extravasation injury to occur. The Plaintiff developed a compartment syndrome in her non-dominant hand, which required two surgeries and physical therapy. Co-counsel Joseph A. Power, Jr.

(2018 – Cook County)
M.B. v. Undisclosed Carrier

Premises/Trip and Fall: The Plaintiff was exiting the aircraft at O’Hare International Airport, when she stepped into the gap between the aircraft and the jet bridge and fell forward onto the jet bridge injuring her ankles, knee, and low back.

E.L. v. AUG FIVE, et al.

Premises Liability: Plaintiff slipped and fell on a patch of ice that she contended was the result of a property defect causing an unnatural accumulation. Defendants argued they did not have notice of the defect and that the accumulation was open and obvious. Plaintiff suffered a tri-malleolar fracture requiring surgery and physical therapy.

(2012 – Cook County)
G.C. v. Menard, Inc.

Premises: The Plaintiff fell and suffered a severe fracture to her humerus requiring a partial shoulder replacement after tripping over an unseen hazard in the cart corral of a Menards home improvement store. Co-counsel Thomas M. Power.

(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.

(2017 – Cook County)
F.B. v. First Luna Taxi Cab Co.

Automobile collision: The Plaintiff was a passenger in a taxicab that ran a red light and was involved in a collision. Defendants admitted liability shortly before trial. Plaintiff suffered a post-concussive syndrome. The offer prior to trial was $60,000.