Joseph W. Balesteri

Partner

Joe’s efforts have resulted in over $800 million in recovery. His total recoveries in medical negligence cases alone exceed virtually every lawyer previously or currently practicing in the United States in that area of the law. The cases handled by Joe are detailed below by year of resolution and County involved.

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Biography

Joe’s efforts have resulted in over $800 million in recovery. His total recoveries in medical negligence cases alone exceed virtually every lawyer previously or currently practicing in the United States in that area of the law. The cases handled by Joe are detailed below by year of resolution and County involved.

Results

$40 Million Recovery – Medical Malpractice

No. 2017 L 10109
– Joseph A. Power Jr., Joseph W. Balesteri



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.

$35 Million Recovery – Medical Malpractice, Birth Injury

14 L 2727
– Joseph A. Power Jr., Joseph W. Balesteri, 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.

$30 Million Recovery – Medical Malpractice

No. 11 L 10860
– Joseph A. Power Jr., Joseph W. Balesteri



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.

$23M Recovery – Medical Malpractice

No. 2020L009452 (Cook County)
– 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 — Birth Injury, Brain Injury

No. 11 L 3900
– Thomas G. Siracusa, Joseph W. Balesteri



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

$20 Million Verdict — Medical Malpractice, Brain Injury

No. 98 L 5560
– Joseph W. Balesteri



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.

$18.75 Million Recovery — Medical Malpractice

No. 07 L 7771
– Joseph A. Power Jr., Joseph W. Balesteri



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.

$17.25 Million Recovery – Medical Malpractice

00 L 3444
– Joseph W. Balesteri



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.

$15.7 Million Recovery — Medical Malpractice

03 L 9289
– Joseph A. Power Jr.,Larry R. Rogers Jr.



On February 13, 2002, H. presented to Dr. Lopes at Rush University for a second opinion on treatment of an unruptured, small (3×5 cm), left internal carotid artery aneurysm. Dr. Lopes recommended that H. undergo a neuro-interventional coiling procedure whereby a micro-catheter would be inserted. H. agreed and on February 20, 2002, Dr. Lopes performed the procedure at Rush University. Within an hour of the procedure, H. was documented as experiencing nausea, vomiting and headache. She subsequently arrested and after being resuscitated was taken for an emergent CT scan where an intracerebral hemorrhage was diagnosed. Despite emergency surgery, H. was left profoundly brain damaged.

$12 Million Recovery — Medical Malpractice

99 L 746
– Joseph A. Power Jr.,Joseph W. Balesteri



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.

$11 Million Recovery — Medical Malpractice

No. 2019 L 012354
– Joseph W. Balesteri,Kathryn L. Conway



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.

$10 Million Settlement- A.M. v. Chicago Area Hospital (2023 – Cook County)

– Joseph W. Balesteri, Kathryn L. Conway



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.

$10 Million Recovery – Medical Malpractice

– Joseph A. Power Jr.,Joseph W. Balesteri



(2017) Medical Malpractice: 55 year old married female presented for removal of her esophagus due to difficulty swallowing and regurgitation. During the procedure, Surgicel 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. Co-counsel with Joseph A. Power Jr.

$10 Million Verdict — Medical Malpractice

No. 01 L 11847
– Joseph W. Balesteri



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.

$9 Million Recovery — Medical Malpractice, Paralysis

No. 00 L 7745
– Joseph W. Balesteri



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.

$8 Million Verdict — Wrongful Death, Medical Malpractice

No. 94 L 16986
– Joseph W. Balesteri



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.

$8 Million Recovery — Medical Malpractice

No. 02 L 13309
– Joseph W. Balesteri



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.

$8 Million Recovery — Medical Malpractice, Brain Injury

No. 09 L 5749
– Joseph A. Power Jr.,Joseph W. Balesteri



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.

$7.6 Million Recovery — Medical Malpractice

No. 03 L 14889
– Joseph W. Balesteri



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.

$7.5 Million Recovery – Medical Malpractice

No. 15 L 000728
– Joseph W. Balesteri



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.

$7.5 Million Recovery – Medical Malpractice

No. 13 L 010443
– Joseph A. Power Jr.,Joseph W. Balesteri

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.

$7.5 Million Recovery – Medical Malpractice

No. 2015 L 009820
– Thomas M. Power,Joseph W. Balesteri



(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.

$7.25 Million Verdict – Wrongful Death / Medical Malpractice

No. 2007 L 9820
– Joseph A. Power Jr.,Joseph W. Balesteri



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

$7 Million Recovery – Wrongful Death / Medical Malpractice

No. 05 L 5817
– Joseph A. Power Jr.,Joseph W. Balesteri



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.

$6.5 Million Recovery – Medical Malpractice

No. 2016 L 008588
– Joseph W. Balesteri,Kathryn L. Conway



(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.

$6 Million Verdict — Product Liability (2024 – Cook County)

No. 2016 L 002679
– Joseph A. Power Jr., Joseph W. Balesteri



(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.

$6 Million Recovery – Medical Malpractice

2020 L 003616
– Joseph A. Power Jr.,Joseph W. Balesteri



(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.

$5.35 Million Recovery – Medical Malpractice

No. 2017 L 005653
– Joseph W. Balesteri



(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.

$5 Million Recovery – Medical Malpractice

11 L 007000
– Joseph A. Power Jr.,Joseph W. Balesteri

L.S. v. Susan Ruda, et al., No. 11 L 007000 (Cook County)



(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.

 

$4.8 Million Recovery – Medical Malpractice

– Joseph W. Balesteri

N. A., as Independent Administrator of the Estate of R. R., Deceased v.
Northwestern Memorial Hospital, 13 L 9055 (Cook County)



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.

Settlement: $4,800,000.00

$4.75 Million Recovery – Medical Malpractice

– Joseph W. Balesteri,Kathryn L. Conway



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.

$4.5 Million – Medical Malpractice

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

– Joseph W. Balesteri



(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.

$4.5 Million Recovery – Medical Malpractice

– Joseph W. Balesteri,Kathryn L. Conway



(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.

$4 Million Result – Premises Liability

No. 2018 L 001537
– Joseph W. Balesteri



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)

$4 Million Verdict – Medical Malpractice

14 L 008156
– Joseph A. Power Jr.,Joseph W. Balesteri



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. Co-counsel with Joseph A. Power Jr.

$4 Million Recovery – Medical Malpractice, Wrongful Death

17 L 001342
– Joseph W. Balesteri



(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.

 

$3.75 Million Recovery – Medical Malpractice

No. 2018 L 002985
– Joseph W. Balesteri,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.

 

$3.5 Million Recovery – Medical Malpractice

No. 2020 L 011374
– Joseph W. Balesteri



(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.

$3.5 Million Recovery – Medical Malpractice

No Lawsuit Filed
– Joseph A. Power Jr.,Joseph W. Balesteri



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.

$2.75 Million Recovery – Medical Malpractice

No. 2019 L 003499 (Cook County)
– Joseph W. Balesteri,Kathryn L. Conway



(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.

$2.75 Million Recovery – Medical Malpractice

– Joseph W. Balesteri,Carolyn S. Daley

M.L. as Special Administrator of the Estate of M.L., deceased v. Northwestern Medical Faculty Foundation, 09 L 004942 (Cook County)



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.

Settlement: $2,750,000.00

$2.5 Million Recovery – Medical Malpractice, Birth Injury, Wrongful Death

– 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

$2.5 Million Recovery – Medical Malpractice, Birth Injury, Wrongful Death

– Joseph W. Balesteri,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.

$2.3 Million Recovery – Medical Malpractice

No. 13 L 171
– Joseph W. Balesteri



(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.

$2.25 Million Recovery – Medical Malpractice

No. 2018 L 004473
– Joseph A. Power Jr.,Joseph W. Balesteri



(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.

 

$2.2 Million Recovery – Medical Malpractice, Wrongful Death

– Joseph W. Balesteri,Kathryn L. Conway



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.

 

$2 Million Settlement- P.C. v. Chicago Area Hospital (2023 – Cook County)

– Joseph W. Balesteri, Kathryn L. Conway



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.

$2 Million Settlement- A.H. v. D. Martin (2023 – Cook County)

– Joseph W. Balesteri, Kathryn L. Conway



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.

$2 Million Recovery – Medical Malpractice, Wrongful Death

– Joseph W. Balesteri,Kathryn L. Conway



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.

$2 Million Recovery – Medical Malpractice

No. 2018 L 001765
– Joseph W. Balesteri



(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.

 

$2 Million Recovery – Medical Malpractice

No. 2021 L 000506
– Joseph W. Balesteri



(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.

$2 Million Recovery – Medical Malpractice

16 L 010392
– Joseph W. Balesteri

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.

$1.8 Million Settlement- E.W. v. Chicago Area Hospital and Surgeon (2023 – Cook County)

– Joseph W. Balesteri, Kathryn L. Conway



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.

$1.7 Million Recovery – Medical Malpractice

No. 2016 L 004271
– Joseph W. Balesteri

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.

 

$1 Million Recovery- Medical Malpractice

No. 14 L 9073
– Joseph W. Balesteri



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

$900,000 Recovery – Nursing Home Negligence

No. 15 L 010589
– Joseph W. Balesteri



(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.

 

Education

  • DePaul University College of Law, Chicago, Illinois
    • J.D. – 1995
  • Indiana University
    • B.S. – 1992

Practice Areas

  • Medical Negligence

Bar Admissions

  • Illinois, 1995
  • U.S. District Court Northern District of Illinois, 1995

Past Positions

  • Hinshaw & Culbertson
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