Success Records

$25 Million Dollar Settlement - Medical Malpractice
Joseph W. Balesteri Larry R. Rogers Jr.

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.

$23M Recovery – Medical Malpractice
Larry R. Rogers Jr. Joseph W. Balesteri

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.

$23 Million Recovery — Negligence, Product Liability
Joseph A. Power Jr. Larry R. Rogers Sr.

Negligence: On February 22, 2008, Plaintiff AG’s legs became crushed in a paper baler at a factory owned and operated by Defendant factory owner and Defendant factory operator. Prior to injury, AG entered a large chute/tube, which feed the baler from above, to clear a jam by using the weight of his body. When the jam cleared, AG was caused to fall into the baler. He did not have fall protection at the time of the incident, nor did he have training on OSHA lockout/tagout procedures. After AG fell, the baler’s ram crushed his legs

$23 Million Recovery — Birth Injury, Brain Injury
Thomas G. Siracusa Joseph W. Balesteri

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

$23 Million Verdict – Trucking Accident
Joseph A. Power Jr. Larry R. Rogers Sr.

D. v. Nettleton Specialized Carriers, Inc. and J.W. Peters, Inc.

Trucking: Plaintiff was stopped at the Edens Spur ramp at the beginning of a construction zone back up on the Edens Expressway. He was rear-ended by a tractor-trailer owned by the defendants and operated by an employee and/or agent of the defendants who was traveling at least 65 m.p.h. The driver testified he applied his brakes prior to the collision, but did not have time to stop. He claimed he had just exited a curve. The collision occurred after 3,000 feet of a straight roadway near the tail end of the Edens Spur. He sustained a C5-C6 tetraplegic injury.

Prior to jury selection the Defendants admitted liability. This was accepted by the plaintiffs. Prior to trial, the defendants offered $10,000,000 to settle. During the trial the defendants incrementally increased their offers to $15,000,000 and then $20,000,000. After closing arguments the defendants offered a high/low agreement of $25,000,000 – $50,000,000.

JURY VERDICT: $23,000,000.00

After a jury verdict of $23,000,000 the case settled under a high/low agreement entered into after closing arguments for $25,000,000.00.

$21.6 Million Verdict – Product Liability, Traumatic Brain Injury
Joseph A. Power Jr. Sean M. Houlihan James Power

Bennie Wood, et al., v. Navistar Inc., formerly known as International Truck and Engine Corp., et al.

Power Rogers attorneys Joseph A. Power Jr., as lead counsel, and Sean M.Houlihan and James Power recently obtained a $21.6 million dollar verdict on behalf of a truck driver and his wife. Our client suffered a traumatic brain injury after a defectively designed grab handle on his truck broke and caused him to fall. The case involved many disputes about jurisdiction and where the case was to be heard, and was recently featured in an article published by the Chicago Daily Law Bulletin.

$21 Million Recovery — Wrongful Death, Birth Injury, Brain Injury
Joseph A. Power Jr. Larry R. Rogers Sr.

R. v. Trinity Hospital

Birth Injury/Medical Malpractice: Decedent was admitted to Trinity Hospital on February 8, 1998 at approximately 5:30 a.m. at term. She was given an epidural anesthetic at approximately 6:49 a.m. when her blood pressure dropped into the 70s and then into the 50s. Fetal bradycardia was shortly thereafter detected on the fetal monitor and Decedent was place in Trendelenberg position. Dr. Jiha, the attending anesthesiologist, was paged at approximately 7:30 a.m. for low blood pressure. The nurse anesthetist continued to administer fluids including Ephedrine in order to correct the hypotension. A house doctor and obstetrician,Dr. Moreland, was called because of the fetal bradycardia on the monitor but she determined that a cesarean section was not necessary. Thereafter Decedent complained of being dizzy, vomited several times, became confused and cyanotic. At 7:45 a.m. Decedent’s blood pressure again dropped into the 70s and more fluids, including the Ephedrine, were given.

According to Plaintiff’s experts Decedent’s blood pressures were abnormal for almost two hours. According to Plaintiff’s experts intubation was required much earlier and her oxygen status should have been monitored more closely. Additionally, earlier intubation was required and her oxygen status should have been monitored more closely along with a cesarean section operation at least an hour earlier. Decedent died after being in a coma for twelve weeks and her son was left permanently brain damaged and unable to care for himself.

The case for the disabled minor son settled for $11,250,000.00 and the wrongful death action for his mother settled for $10,025,000.00.

$20 Million Verdict — Medical Malpractice, Brain Injury
Joseph W. Balesteri Joseph A. Power Jr.

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.

$19.2 Million Recovery — Medical Malpractice, Brain Injury
Thomas G. Siracusa Joseph W. Balesteri

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.

$19 Million Verdict – Wrongful Death, Trucking Accident
Sean M. Houlihan Joseph A. Power Jr.

Trucking: On September 13, 2011, on Interstate 80 westbound, 5 miles east of Grinnell Iowa, the plaintiff, a wrecker and tow truck driver for the for the Hanifen Company, Inc. of Des Moines, Iowa, was working to attach a disabled tractor trailer, a sequence of events with collisions of vehicles on the road’s edge/shoulder resulted in his death from being crushed between the disabled tractor and the rear of his tow-wrecker.