Devon C. Bruce

S. v. Undisclosed Defendants

This medical malpractice case was the largest reported settlement in Cook County in 2016. The plaintiff was a 4-year-old child who suffered serious injuries after his physicians failed to diagnose and treat a bacterial infection. Mr. Bruce is continuing to pursue the case against the remaining defendants in this case. Not only is this the largest medical malpractice settlement for any case in 2016 in Cook County but one of the largest medical malpractice actions ever obtained.

Contingent Commercial Litigation: This case involves the embezzlement of $53 million dollars from the City of Dixon. by Rita Crundwell, who served as comptroller and treasurer of Dixon, Illinois, from 1983 to April 2012. This was reported to be the largest embezzlement of a municipality in the history of the United States. Plaintiff, the City of Dixon, brought a negligence action against Clifton, Larsen, Allen, Fifth Third Bank and Janis Card & Associates. Clifton, Larsen, Allen was the accounting firm hired by the City of Dixon to perform the City’s annual audits throughout the time period of Rita Crundwell’s theft. Plaintiff alleged that Clifton was negligent in that it failed to discover the theft of the money during the performance of their annual audits. Clifton was further negligent in not reporting and/or investigating numerous irregularities in Rita Crundwell’s tax returns. Fifth Third Bank and its predecessor banks held multiple City of Dixon. accounts as well as a “secret” account improperly opened in the City of Dixon’s name by Rita Crundwell which she used to deposit the stolen City of Dixon’s funds. Rita Crundwell then used the account to pay for numerous personal items such as jewelry, automobiles and to finance her equestrian business. Plaintiff alleged that Fifth Third Bank was negligent in allowing Rita Crundwell to open the secret account and also failed to disclose the existence oft his account in annual bank confirmations to the City’s accountants. Plaintiff alleged that Janis Card & Associates was negligent in failing to identify the theft and by entering into a joint venture with Clifton, Larsen, Allen to perform the City of Dixon audits after 2005.

T v. Elmhurst Hospital, et al.

Medical Malpractice/Brain Injury: Minor plaintiff at three months of age was intubated by defendant physician. Plaintiff alleges that defendant doctor and undisclosed hospital were negligent in the failure to intubate Dalian causing subglottic stenosis. The subglottic stenosis subsequently required the plaintiff to have a tracheostomy. In September of 2006, the minor plaintiff was hospitalized at a separate hospital when the tracheostomy tube occluded and caused an anoxic event. Plaintiff did not receive proper oxygenation for approximately 12-15 minutes. Plaintiff alleged that the defendant failed to monitor the plaintiff while hospitalized.

As a result of the anoxic event, plaintiff sustained permanent damage and is a spastic quadriplegic. He suffers from cortical blindness and requires a gastrostomy tube.

This is one of the largest settlements in Illinois history.

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 August 30, 2019, plaintiff arrived at the undisclosed defendant’s hospital with complaints of severe stomach pain. Plaintiff entered the hospital on July 30 th at approximately 9:02 am. Throughout the day the plaintiff had complaints of severe abdominal pain; chills needing a blanket, increasing tachycardia and an abnormal abdominal CT scan that needed further investigation. Plaintiff was noted to be constantly moaning and in extreme pain. On July 31 st at 3:30 pm, plaintiff was first seen by the gastroenterology department. On July 31 st at 5:15 pm, the plaintiff was evaluated by a surgeon who diagnosed the plaintiff as being septic. The first antibiotics the plaintiff received was on July 31 st at 6:39 pm, 33 hours from when plaintiff entered the emergency department. Emergency abdominal surgery was performed at which time Strep A was found in the plaintiff’s stomach and his stomach was necrosed. The plaintiff subsequently developed ischemia in his right lower extremity due to septic shock. The Plaintiff alleges that the defendants failed to timely diagnose and treat a rare progressing infection in the Plaintiff from 9:03 am on July 30 th until 5:45 pm on July 31 st when he was first diagnosed. The plaintiff further alleges that the defendants failed to timely diagnose and treat an acute abdomen. This $17 million dollar result is the highest reported settlement or verdict in Winnebago County for a personal injury case.

Motor Vehicle/Death: On September 25, 2020, plaintiff’s decedent, age 43, was a front seat passenger in a Ford pick-up truck hauling a camper traveling westbound on I-80 near mile marker 86 in LaSalle County, Illinois. Defendant driver was operating a freight truck travelling immediately behind plaintiff’s vehicle. The driver was making a delivery to a client which was within the course and scope of his employment of the employee’s company. The traffic on I-80 began to slow down and/or come to a complete stop for construction. The defendant driver failed to slow down and/or stop along with the flow of traffic. As a result, he drove his truck at a high rate of speed into the plaintiff’s vehicle. The impact caused the plaintiff’s vehicle to be pushed into another vehicle and a total of six vehicles were involved in the collision. The impact caused an explosion and the plaintiff’s vehicle became engulfed in flames. Plaintiff’s decedent became trapped in the vehicle and was burned to death. Plaintiff’s decedent left surviving a wife, one adult son and one minor daughter. (2021)

Medical Malpractice/ Birth Injury

Plaintiff, a male newborn, was delivered on June 23, 2015, pale and hypovolemic. Defendants failed to timely administer fluids and provide appropriate respiratory assistance. As a result of the delayed resuscitation, he suffered hypoxic ischemic encephalopathy that necessitates 24-hour care. The baby’s neurologic complications include epilepsy, developmental delays, dystonia, and cerebral palsy. This is the highest Macon County verdict or settlement that has ever occurred in the County. (2020)

The plaintiff, age 27, underwent a heart catheterization procedure on December 1, 2020 in a rural Illinois County. The plaintiff presented to the defendant’s emergency room on December 9th, December 11th and December 13th, 2020 with multiple signs and symptoms of an infection in the right groin including pain “15 out of 10”, pain radiating into her knee and swelling around the wound site. The plaintiff also reported to the emergency room staff that she was diabetic. The hospital staff failed to appreciate and act upon the plaintiff’s continued complaints and multiple signs and symptoms of an infection in the right leg. The defendant’s lack of care and treatment contributed to the deterioration of the plaintiff and necrotizing tissue in her right leg. As a result, the plaintiff underwent an above the right knee leg amputation on December 22, 2020. (2021)

On June 23, 2010, the Plaintiff suffered an arrest and subsequent lack of oxygen resulting in a brain injury. Plaintiff alleged that the cause of her arrest and oxygen deprivation was an occluded tracheostomy tube which was not addressed in a timely fashion by the Defendant Hospital staff. Plaintiff suffered a severe brain injury. Plaintiff’s past medical bills at the time of settlement were approximately $1.8 Million.

Car Accident: A Barrington Hills police officer stopped suddenly on Route 63, purportedly to chase a speeder going in the opposite direction. The sudden stop caused another vehicle to swerve and strike Plaintiff’s car head-on. Plaintiff was 8 months pregnant and despite an emergency c-section, the fetus suffered brain damage.

Plaintiff was born at 25.5 weeks. At 11 days of life, plaintiff contracted three blood borne infections. Plaintiff deteriorated and ultimately suffered a hypoxic event as a result of the infection. Plaintiff developed periventricular leukomalacia or PVL. Plaintiff alleged that the defendants were negligent in performing the hygiene and sanitary procedures in the NICU unit which led to plaintiff’s infection. Plaintiff further alleged that the defendant Dr. Siddiqui, a neonatologist, and the nursing staff failed to respond timely to identify and treat the infections. Plaintiff alleged that the cause of plaintiff’s PVL was the hypoxic event arising from the infection and not the plaintiff’s prematurity. Plaintiff has been diagnosed with permanent brain damage and requires 24 hour care. Plaintiff’s medical bills to date exceed $1,000,000.00. Defendant contended that the risk of infection is common in neonates, that the PVL was caused by the plaintiff’s prematurity of 25.5 weeks and not the infection and that the plaintiff has a substantially reduced life expectancy.

Premises Liability/Trucking: Lead Counsel- Plaintiff sustained significant personal injuries when he was struck as a pedestrian in a parking lot by a commercial trailer. The trailer had separated from a tractor driving across the parking lot and struck plaintiff as he stood faced in the opposite direction placing a package in the trunk of his car. The trailer’s brakes were significantly out of adjustment and were fully defective. Plaintiff suffered multiple significant injuries including a L4-L5 fracture/dislocation which required spinal fusion/instrumentation. (2012)

Plaintiff was a patient at a major research hospital in Cook County where she was hospitalized for an outpatient procedure on her airway. The procedure was uneventful, but later her tracheostomy tube became dislodged and the nursing staff failed to react in a timely fashion. Plaintiff suffered an anoxic event, conscious pain and suffering and subsequently passed away. (2010)

Co-Counsel- April 25, 2002, plaintiff age 58, was a school teacher, with a history of diabetes, high blood pressure, atrial fibrillation and Stage II melanoma, underwent a PET scan due to concern cancer had returned. During the scan, she became short of breath and went into respiratory and then cardiac arrest. Despite successful resuscitation, she was profoundly brain damaged. (2002)

Plaintiff was a passenger in a vehicle traveling eastbound on 127th Street at or near the intersection of 127th Street and Kedzie in the Village of Blue Island, Illinois when the defendant officer entered the intersection, ignored the traffic device which was illuminated red for northbound traffic, failed to yield the right-of-way for the plaintiff’s vehicle and violently collided into the passenger side of the plaintiff’s vehicle. Plaintiff alleged that the defendant was willful and wanton in deciding to initiate and continue the pursuit. Plaintiff was hospitalized for over 30 days and underwent multiple surgeries due to her injuries. (2010)

December 4, 2001 a 480-volt electrical panel at the Neiman Marcus store in Northbrook exploded while plaintiff, age 55, was an electrician and testing it. Plaintiff suffered 3rd degree burns over 95% of body resulting in death, survived by wife and 2 adult children. (2008)

Premises Liability

On March 4, 2016, Plaintiff was employed by undisclosed corporation to deliver and transfer fuel to a major US corporation. In order to transfer the diesel fuel to the truck as the major US corporation had requested, Plaintiff had to use the pump, hose and nozzle provided by the major US corporation to transfer the fuel. Plaintiff had no other equipment to utilize to perform the fuel transfer to do his job that undisclosed corporation #1 requested. At the time of ignition, Plaintiff was standing on top of the fuel tank in order to transfer the fuel. Soon after he began filling the fuel tank, a static spark ignited and Plaintiff’s clothes caught on fire. A employee of the major US corporation attempted to extinguish the flames which were burning Plaintiff with a bucket of water. The employee did not use the fire extinguisher which was located less than 20 feet from Plaintiff. Plaintiff alleges that the major US corporation was negligent in a number of respects including the failure to perform any hazard or jobsite assessment regarding (1) how this fuel transfer system was created (2) what equipment was used for the fuel transfer system (3) how the diesel fuel would be transferred from the diesel tank to the fuel truck (4) fire safety procedures if in fact a fire occurs. The corporation was cited by OSHA for multiple violations. Plaintiff suffered third degree burn injuries due to this occurrence. Plaintiff was eventually placed in a drug-induced coma and underwent surgery. Plaintiff survived for 19 days until he ultimately passed away on March 23, 2019 due to his injuries. This is the largest reported settlement of its kind in Adams County. (2021)

On May 9th, 2013, plaintiff, age 57, was a patient at deft Cornerstone’s Sycamore, IL rehabilitation facility, was sitting alone in her room when her tracheostomy tube became dislodged. The ventilator alarm sounded, but no nurses responded for 11 minutes. Due to the delay, plaintiff suffered brain damage and died on May 13, 2013. (2015)

During August-September 2019, Plaintiff age 47, sought treatment from his PCP and two cardiologists for continuing cardiac symptoms. A stress test done on September 13 produced extremely abnormal results. However, the physicians failed to send the patient to the E/R for an immediate cardiac work-up. As a consequence, he developed ventricular fibrillation and died due to a cardiac event on September 25 (survived by his wife and two minor children). This settlement ties the prior reported Champaign County wrongful death “high.” (2021)

On May 23, 2014 a concrete slab being moved by a crane at a Chicago construction project fell on plaintiff ironworker, age 46, causing severe injuries that claimed his life hours later. (2016)

On February 7, 2014, plaintiff, age 77, who was taking anticoagulants, fell and suffered head trauma. He presented to deft hospital but was discharged after two negative head CT scans–despite elevated INR levels. Hours later he suffered a subdural hematoma with significant hemorrhaging which led to permanent disabilities. He now requires 24-hour care. Because plaintiff was on anticoagulants he should have been hospitalized for a longer duration or given Vitamin K to reverse the anticoagulation effect. (2017)

(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.

On June 8, 2017, defendant’s tractor-trailer improperly left-turned at CR 950 East and 2400 North (Champaign County), failing to yield, and collided with plaintiff’s motorcycle. Plaintiff, age 52, suffered below-the-knee amputation of his left leg, a closed head injury, and other trauma. Mr. Bruce recovered the maximum available insurance policy limits. (2018)

On October 31, 1998, defendant failed to maintain the premises at their factory in Chester, in a reasonably safe condition and caused, plaintiff age 26, who was an employee to trip and fall three stories down a man lift. Plaintiff suffered a T-8 compression fracture which required T4-T11 posterior spinal fusion – leaving plaintiff with partial feeling from the waist down and confinement to a wheelchair or an assistance device for the rest of his life. (2006)

Plaintiff, age 38, was found by his father after a suicide attempt, and was brought to defendant hospital, where he was stabilized. The plan was to transfer the patient to the behavioral unit at another hospital. However, the next morning, June 18, 2019, the patient was left unsupervised in a public bathroom for roughly 15 minutes. He locked the door and placed a garbage bag over his head–and was able to nearly suffocate himself. He sustained brain damage and died on June 23, 2019. (survived by his elderly parents and an adult sibling). Plaintiff alleged the staff and security personnel both violated policies and procedures regarding the monitoring of suicidal patients. This was the second highest reported recovery at the time for a suicide victim. (2020)

On April 20, 2018, at around 10:00 p.m., Plaintiff, age 33, was driving a Frito-Lay vehicle westbound on Mound Road. The collision took place at the intersection of Mound Road and US Route 48 which was controlled by a traffic light. Plaintiff obeyed the signal and stopped for the red light at the aforesaid intersection. Immediately prior to the collision, CR was traveling approximately 80 mph in a northbound direction on US Route 48. Plaintiff alleged that the defendant vehicle was travelling at a high-speed, he ran the red light and collided into the delivery truck driven by Plaintiff. The findings from unidentified local governmental entity’s investigation following the collision demonstrate that CR did not have his sirens on and violated numerous internal orders and policies of the unidentified local governmental entity. Plaintiff suffered a mild traumatic Brain Injury; Concussion due to ejection, Left orbital fracture, Left frontal bone and frontal sinus fractures, fractures of C7, T1, T3, T4, and T5, fracture of his right wrist requiring surgery, labral tear.

Plaintiff, age 52, suffered from Marfan syndrome, was admitted to defendant healthcare facility for the repair of a descending thoracic aorta aneurysm and placement of a peritoneal shunt. Post-op, she was designated a high fall risk. On July 4, 2015, she was left alone without restraints and suffered a fall that dislodged the shunt and caused a subdural hematoma which required surgery. She has incurred cognitive defects as a result of the injury including word finding, balance, and confusion, and requires 24 hour/day assistance with ADLs. She is no longer able to work as a hospital director of PR. (2016)

Together with Joseph A. Power, Jr.- March 13, 2002 nursing staff failed to monitor plaintiff age 48, during his hospitalization for meningitis and failed to react to an abnormal pulse oximeter reading, allowing him to die from respiratory compromise due to Dilaudid. JAP

September 14, 2004 defendant’s forklift operator in McHenry County caused a stack of 35 pallets to fall on plaintiff, age 58, causing fractures to her left tibial plateau and right foot/heel with multiple surgeries and L5-S1 herniation. (2010)

Together with Joseph A. Power, Jr.- On May 13, 2019 at 11:45 am, CW presented to the local academic hospital and was 39.1 weeks pregnant. On May 13, 2019 between 6:24 pm- 6:28 pm, the fetal heart rate monitor on CW demonstrated the fetal heart rate to have moderate variability and no accelerations. On May 13, 2019, and throughout the time CW was on fetal heart monitoring at a major research hospital, the fetal heart tracings were Category II. On May 13, 2019 and after 23:45 hours, the fetal heart tracings continued to show absent accelerations with recurrent late decelerations. On May 14, 2019, the fetal heart tracings continued to show recurrent late decelerations and were absent accelerations. On May 14, 2019, at or before 4:24 am, the fetal heart tracings changed to Category III with no variability. On May 14, 2019 at approximately 7:25 hours, the obstetrician, due to concerns with the fetal heart monitoring tracing delivered plaintiff. On May 14, 2019 at approximately 7:34 hours, a forceps delivery was performed and at approximately 7:34 hours, minor plaintiff was born. On May 14, 2019, CHW was born with no heart rate, APGAR scores of 0,1,1, and 3 at 1,5, 10 and 15 minutes of life respectively. On May 14 ,2019, the umbilical cord pH for the minor plaintiff measured less than 6.8. On May 18, 2019, CH.W. died of severe hypoxic ischemic encephalopathy. Plaintiff alleged that on May 13 and May 14, 2019, various employees of the hospital deviated from the standard of care in the labor and delivery management of C.W. and CH.W. by failing to evaluate, document and diagnose the health of CH.W. in utero on May 13, 2019; failed to deliver CH.W. in a timely manner on May 13, 2019; failed to deliver minor plaintiff sooner on either May 13th or May 14th, 2019; failed to recognize the multiple signs and symptoms of a baby in distress on May 13 or May 14, 2019 and negligently increased the dosage of Pitocin to minor plaintiff. (2008)

Deft nursing home abused and neglected plaintiff age 64 and a Alzheimer’s patient, causing her to suffer malnourishment, dehydration, multiple stage IV pressure ulcers on her hip and lower back and death in November 2002. (2008)

Plaintiff, age 53, was installing aluminum siding on a building on May 22, 2018 when a piece contacted a live overhead power line. He suffered a 12,000-volt electric shock that resulted in a mild TBI, plus a minor burn injury. Plaintiff has not returned to work due to memory loss, word-finding problems, and other residuals. Allegedly, appropriate safety measures were not implemented. (2020)

Medical Malpractice/Death

February 16, 2001 defendant’s paramedics failed to defibrillate, plaintiff age 57, while taking him to Good Samaritan Hospital by ambulance after he suffered a heart attack, causing him to suffer anoxia and death on February 23, 2001. (2005)

Plaintiff, age 69, underwent abdominal surgery on September 27, 2013 during which a Fish retractor was allegedly left inside him. He suffered peritonitis as a result and was forced to retire early from his career as an engineer. (2017)

Premises Liability/ Minor Death

$2,306,188 million dollars and then subsequent $1.5 million dollars – Minor plaintiff, age 13, suffered severe conscious pain and suffering, and was fatally electrocuted while detassling corn in a field near Tampico, IL on July 25, 2011. She is survived by her parents and a sister. The electricity apparently came from a damaged meter that was connected to a central-pivot irrigation system in the cornfield. (2016)

On November 19, 2018, plaintiff, age 65, had ordered a pizza from the local pizza store and was in the process of walking from his home to his driveway in order to get into his pick-up truck to drive and get his pizza. This was in rural Lee County. At the same time, defendant was an over-the-road tractor-trailer driver. He worked full time for an undisclosed corporation. He made the decision to turn around in the private driveway of plaintiff. The defendant driver entered the private property and performed a large, broad turn and exited in the opposite direction. The defendant driver drove over plaintiff and he died at the scene of the occurrence. Plaintiff alleged that defendant knew that he was trespassing on that private property, knew that an individual had approached his tractor-trailer yelling and banging on the tractor side door and he knowingly and intentionally drove away without slowing or stopping. Defendant did not slow or stop his tractor-trailer before exiting the driveway which was a direct result of plaintiff’s death.

On July 3, 2018 a tree fell during a Fourth of July celebration being held on public grounds in Rock Island, IL, and injured multiple individuals. Two men were killed, ages 72 and 62, each of whom was survived by a spouse and two grown children. Settlements $738,000 each. Several claims were made for plaintiffs with less severe injuries. Notably, this claim was against a governmental entity which had raised a number of statutory immunities. (2020)

Plaintiff, age 59, and her daughter, age 21, were passengers on a tour bus traveling on I-70 in Fayette County when the bus driver struck an overturned tractor trailer that was laying across the Interstate. The mother suffered a concussion and contusions to her head and left knee. The daughter sustained an ankle fracture that required an open reduction internal fixation procedure. Plaintiffs alleged the bus driver was negligent in hitting the truck sitting in the Interstate when others drove around it. They also claimed the truck driver fell asleep at the wheel and rolled his truck. (2015)

On January 16, 2017, plaintiff, age 65, was crossing the street in the crosswalk at Deer Path Road and Bank Lane in Lake Forest. Allegedly, as deft turned left at the intersection he struck her with his vehicle. Plaintiff suffered a fractured coccyx and sacrum a closed head injury and other multiple significant injuries. (2018)