Carolyn S. Daley

Bio

Carolyn S. Daley is a Partner with Power Rogers, LLP. Ms. Daley joined Power Rogers, LLP in 2006 and concentrates her practice in all areas of personal injury and wrongful death matters, including medical malpractice, motor vehicle accidents, trucking matters, sexual abuse and assault, products liability, premises liability, bicycle collisions, aviation accidents, and defamation. Throughout her career, she has obtained numerous multimillion-dollar settlements and verdicts in a variety of cases, helping her clients and holding accountable those who have injured others.

In addition to her dedication to justice for her clients, Ms. Daley also devotes her time to numerous charitable organizations. She is currently the President of the Board of Directors for the Chicago Children’s Advocacy Center. ChicagoCAC is the city’s only not-for-profit organization that coordinates the efforts of child protection staff, law enforcement professionals, family advocates, medical experts, and mental health clinicians under one roof to respond to reports of child sexual abuse, physical abuse, witnessing violence, and other serious maltreatment and trauma. The services provided by ChicagoCAC are aimed at reducing trauma so that children and families may begin the healing process. Her dedication to ChicagoCAC aligns with her advocacy and representation of childhood sexual abuse victims throughout her career.

Ms. Daley also serves on the Board of Directors for Special Children’s Charities and was President of the Board of Directors from 2020 through 2022. Special Children’s Charities develops and funds a wide range of recreational, educational, and social activities that encourage physical and mental health for children and adults with intellectual and developmental disabilities in the City of Chicago. In 2022, the charity partnered with City Colleges and Anixter Center to found the After 22 Program, which provides education and job training support to adults with intellectual disabilities beyond the age of 22.

Ms. Daley also dedicates her time to Achilles International, serving on its Advisory Board and as a dedicated support/guide runner for one of its Freedom Team members. Achilles International is a global organization operating in 18 countries, including the U.S., to transform the lives of people with disabilities through athletic programs and social connection. Achilles programs focus on running, with programs including the Achilles Freedom Team serving wounded military personnel and veterans; Achilles Kids, which provides training, race opportunities, and an in-school program for children with disabilities; the TriAchilles Team, which expands its running program into biking and swimming; Achilles Chapter workouts; and its signature Hope & Possibility race, which takes place in several cities worldwide. In addition to serving on the Advisory Board, Ms. Daley is a guide/support runner for fellow Achilles Board Member and Achilles Freedom Team Athlete U.S. Army Master Sergeant Cedric King, who had both of his legs amputated as a result of an IED explosion while serving in Afghanistan. Ms. Daley and Master Sergeant King have completed the Chicago Marathon and Tokyo Marathon together and have plans for marathons in the future.

Ms. Daley received her bachelor’s degree from Georgetown University in 2002, where she focused her studies on psychology and government. She attended law school at DePaul University College of Law, receiving her Juris Doctor in 2006.

Ms. Daley is a lifelong Chicagoan who enjoys spending time with her two sons and their dog.

Professional Memberships

Ms. Daley is an active member of various professional organizations, including the Chicago Bar Association, Illinois Trial Lawyers Association, American Bar Association, Women’s Bar Association of Illinois, Illinois State Bar Association, and the American Association for Justice. Ms. Daley is active in the Women’s Trial Lawyer Caucus and serves on the Board of Governors for the American Association for Justice, advocating for victims’ rights across the nation.

Ms. Daley has also served on the Illinois Supreme Court Committee on Character and Fitness since being appointed in 2018 by the Illinois Supreme Court. The Committee on Character and Fitness makes recommendations to the Board of Admissions to the Bar regarding whether an applicant possesses the requisite character and fitness for admission to the practice of law. She has also served on the Chicago Bar Association’s Judicial Evaluation Committee since 2013. The Judicial Evaluation Committee conducts evaluations of candidates for judicial offices and sitting judges seeking retention within Cook County. As a service to the public, the Chicago Bar Association reports these findings and recommendations to the public for all elections.

Results

• $10.445 Million Verdict – Medical Malpractice
  • R.C. and L.C. v. Northwestern Memorial Hospital, and Dr. Stephanie Kielb.
  • Medical malpractice verdict. This case involved Dr. Kielb and Northwestern Memorial Hospital’s failure to properly diagnose the plaintiff’s incontinence and the negligent placement of a retropubic mesh and sling, causing permanent injuries to the plaintiff. The sling was removed months later, but the plaintiff continued to have pain and burning sensations in her pelvic region due to muscle and nerve damage. After a 2.5-week trial, the jury returned a verdict of $10,455,566.16, which was 5x more than Dr. Kielb and Northwestern’s pretrial offer.
  • Lead counsel and trial counsel – Carolyn S. Daley
• $10.425 Million Verdict – Medical Malpractice
  • Medical malpractice verdict. Our client, C. Calbert, visited Advocate South Suburban Hospital because he had diarrhea for several days. Eleven days later, he was taken into surgery. To compensate for the drop in blood pressure he was experiencing, the patient was administered Levophed, a vasopressor medication. After surgery, he was instructed to slowly be taken off Levophed and switched to Neosynephrine, but only if his blood pressure dropped below 100. According to the plaintiffs, in the days immediately following his surgery, the ICU nurses did not perform the necessary testing on the arterial line – the line being used to monitor blood pressure. Because they were not testing the correct line, there was a false reading of low blood pressure. Because they detected low blood pressure, the staff gave the patient maximum doses of vasopressors, which he did not actually need. The overdose ultimately caused ischemia that necessitated amputation of his left arm and all of his toes.
  • Co-counsel with Larry R. Rogers, Sr. and Larry R. Rogers, Jr.
• $10 Million Recovery – Wrongful Death Matter
  • Wrongful death/premises liability settlement. This cause of action arose from the injuries and subsequent death of C.A., a 34-year-old City of Chicago firefighter, resulting from a building collapse at 1738-1744 E. 75th Street in the City of Chicago on December 22, 2010. The Property was purchased by Defendants CHUCK DAI and RICHARD DAI, and Defendant APEX MORTGAGE CORP. held the Mortgage Security Agreement for the Property. In 2008, the mortgage on the Property was in default and APEX MORTGAGE CORP. began discussions with the Dais to accept a deed in lieu of foreclosure. After receiving the signed deed in lieu of foreclosure documents from the Dais, Apex hired a real estate broker to assess the Property, change the locks, clean out the Property, and board up the Property. Upon inspection, the real estate broker determined that the Property was in poor condition. Apex subsequently made a Property loss claim with its insurance company, with which it had force-placed insurance, for a partial roof collapse. The Property loss claim was subsequently denied, and Apex was provided with an engineer’s report of the Property from the insurance company, which stated that the condition of the roof was a result of chronic lack of maintenance and total rotting of the roof beams. Throughout this time period, Apex was a defendant in a City of Chicago Housing Court case for the Property and was aware of the numerous code violations, including structural concerns with the roof and the walls at the Property. On December 22, 2010, at about 6:52 a.m., a small rubbish fire occurred in the Property and the Chicago Fire Department responded. Firefighters, including C.A., forced entry into the Property to determine whether there were people inside the Property. While inside the Property, the east wall failed, causing a total collapse of the timber truss roof onto firefighters, including C.A. As a result of the collapse of the timber truss roof, C.A. suffered severe and permanent injuries resulting in his death on December 22, 2010.
  • Plaintiff alleged that Apex had taken possession and control of the Property beginning in 2008. Apex was aware of the severe and dangerous structural problems and code violations at the Property, but it failed to do anything to remedy any of the conditions at the Property putting every person who walked into the Property in harm’s way, including Firefighter C.A. on December 22, 2010.
  • Firefighter C.A. left surviving him his wife, D.W., and their son, who was one year old at the time of C.A.’s death.
  • Lead counsel – Carolyn S. Daley
• $5.9 Million Recovery – Premises Liability
  • Premises liability settlement. On May 13, 2019, a fire broke out in a four-story, multi-unit apartment building. Plaintiff was asleep in her apartment on the fourth floor, then awoke to fire and smoke in her apartment around 8:40 a.m. While attempting to leave her apartment to escape the fire, she suffered second-degree burns to 20% of her body, including her head, neck, back, forearms, upper arms, and abdomen. She was hospitalized for treatment, including skin grafting, then received outpatient physical therapy. She has permanent scarring and hyperpigmentation, which will require future care and treatment. She also continues to suffer pain and emotional distress. There were no working smoke detectors on the third and fourth floors in the building where Plaintiff was renting the apartment. The defendants were responsible for maintaining the smoke detectors/fire alarms in the common areas of the building and were required to provide tenants with a working smoke detector at the time they moved into their apartment.
  • Lead counsel – Carolyn Daley
• $5.6 Million Recovery – Medical Malpractice
  • On February 6, 2023, the Plaintiff presented with stroke symptoms to a Chicago-area hospital. Plaintiff alleged the defendant radiologist deviated from the standard of care by failing to correctly interpret CTA angiograms that were performed on the plaintiff’s head and neck, which showed stenosis and thrombus. Plaintiff also alleged that the stroke team who treated the plaintiff owed a duty to review these films and identify the stenosis and thrombus to treat the plaintiff. Plaintiff was discharged home the following day without identification or treatment of this thrombus or stenosis. Twelve days later, the plaintiff returned to the hospital after suffering a second stroke. Without consultation with a vascular surgeon regarding the performance of a cardiac stent procedure instead of an endarterectomy, a stent procedure was performed, resulting in the plaintiff suffering a third stroke. Plaintiff lived for two years following this, suffering from debilitating neurological and physical decline.
  • Co-counsel with Devon C. Bruce
• $5.5 Million Recovery – Motor Vehicle Negligence
  • D.E. v. Service Partners LLC, et al
  • Wrongful death and trucking negligence verdict. On April 23, 2008, Plaintiff’s decedent was operating a motorcycle eastbound on Rte. 38 with his wife, Plaintiff, D. E., as a passenger on their way to work at Northern Illinois University at approximately 7:45 a.m. when Defendant, Gerald W. Hemker, who was operating a semi-tractor trailer, as an employee and/or agent of Defendant, Service Partners, LLC, westbound on Rte. 38 attempted to turn left off of westbound Rte. 38 onto the southbound ramp for I-39 in front of the motorcycle. The motorcycle struck near the middle of the semi-tractor trailer on the passenger side of the truck. The decedent sustained multiple blunt trauma to his head, chest, and pelvis which led to his death that day. The Plaintiff sustained multiple open pelvic fractures with disruption of the pelvic circle, closed fracture of eight or more ribs, acute pulmonary collapse, closed fracture of sacrum or coccyx, contusion of genital organ, pneumothorax and contusion of lung. She has had a number of surgeries. She also has drop foot and is required to use support devices.
  • The jury returned a verdict of $5,000,000.00 to the Plaintiff for her disfigurement, loss of normal life, pain and suffering, emotional distress, services received, and present cash value of future services. The jury returned a verdict of $1,000,000.00 reduced by 50% contributory negligence for the wrongful death of the decedent.
  • Co-counsel with Joseph A. Power, Jr., and Todd A. Smith.
• $5 Million Recovery – Motor Vehicle Negligence
  • On July 6, 2006, the defendant’s van driver had a blood alcohol level above the legal limit when he crossed the grassy center median of I-55 in Plainfield Township and struck the Plaintiff’s decedent’s northbound car head-on, causing multiple blunt-force injuries resulting in death. She was survived by her husband and two adult children.
  • Co-counsel with Joseph A. Power, Jr.
• $5 Million Recovery – Trucking Negligence
  • On January 7, 2007, the defendant’s semi-tractor-trailer driver failed to stop for slowing traffic on southbound I-65 at mile marker 138 in Boone County, IN, and rear-ended the plaintiff’s vehicle. The plaintiff’s husband died, and she suffered right radial and ulnar fractures requiring surgical repairs.
  • Co-counsel with Joseph A. Power, Jr.
• $4.8 Million Recovery – Medical Malpractice
  • N. A., as Independent Administrator of the Estate of R. R., Deceased v. Northwestern Memorial Hospital, 13 L 9055 (Cook County)
  • 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.
  • Co-counsel with Joseph Balesteri.
• $3.9 Million Recovery – Dental Malpractice
  • H.J., Individually and as Special Administrator of the Estate of G.W. v. Feldman, et al, 07 L 14237 (Cook County)
  • On December 17, 2007, G.W., a 46-year-old female, went to Defendant Feldman to undergo a root canal. Defendant Feldman gave G.W. intravenous sedation in an excessive amount and failed to monitor G.W. adequately. As a result, G.W. suffered cardiac arrest and subsequently died. G.W. was survived by her son.
  • Co-counsel with Larry R. Rogers, Sr.
• $3.75 Million Recovery – Medical malpractice
  • Plaintiff’s 9-month-old daughter was brought to the Defendant hospital’s emergency department on January 20, 2019, due to fussiness, fever, cough, upper respiratory symptoms, congestion, and tachycardia. The hospital subsequently discharged the baby home despite significantly elevated white blood cells with abnormal differential bands and her inability to take a bottle. The following day, about 25 hours later, the baby’s parents brought her back to the same hospital’s emergency department due to continued fever, neck swelling, and difficulty breathing. She was diagnosed with a retropharyngeal abscess and brought into surgery. Postoperatively, the baby was intubated and transferred to the pediatric intensive care unit. While in the pediatric intensive care unit, nurses were attempting to adjust the baby’s endotracheal tube when they pulled it back too far, resulting in the tip of the ETT being above the thoracic inlet. Despite ordering a stat chest X-ray due to the baby’s oxygen desaturation, none of the physicians at the hospital reviewed it until after the baby passed. Due to the unplanned extubation, the baby suffered respiratory and cardiac arrest, which resulted in her death on February 2, 2019.
  • Co-counsel with Larry R. Rogers, Jr.
• $3.75 Million Recovery – Medical malpractice
  • The plaintiff began experiencing pain and weakness in his right arm. He did not have a specific event or any trauma that caused it. In April 2019, the plaintiff went to a hospital for evaluation of this ongoing weakness, taking the outside imaging study with him, and came under the care of certain physicians who continued to treat him for approximately 1.5 years, until he was ultimately diagnosed by a physician with ALS, a progressive and fatal neurodegenerative disease, on or about December 2, 2020. In March 2022, the plaintiff went to Mayo Clinic, where he underwent various tests, including a CT myelogram, which identified a cerebrospinal fluid leak at the L1-2 level. The plaintiff was informed that he did not, in fact, have ALS but instead had a cerebrospinal fluid leak that was repairable, and on April 29, 2022, it was repaired. Plaintiff maintains that the hospital and physicians were negligent in misdiagnosing him with ALS and in failing to diagnose his CSF leak between April 2019 and December 2020.
  • Co-counsel with Larry R. Rogers, Jr.
• $3.5 Million Recovery – Medical malpractice
  • On June 3, 2019, AM presented to an outpatient clinic at a Chicagoland-area hospital with symptoms consistent with unstable angina and a possible cardiac event. AM also had an abnormal EKG that day. Despite this, the Defendants discharged AM home. Later that day, AM was walking up the stairs in his home and tragically collapsed, suffering a cardiac arrest. Unfortunately, AM was unable to be revived and died prematurely on June 3, 2019. He left surviving him a wife and adult son.
  • Co-counsel with Larry R. Rogers, Jr.
• $2.95 Million Recovery – Childcare and institutional negligence
  • Estate of CC v. UCAN, Maxim Healthcare Services, Inc., ICG Rehab Services, ICG Home Health Services, and Brittany and Deon McKenzie
  • CC was a disabled 2-year-old who was residing with foster parents at the time. He was nonambulatory, nonverbal, required an assistive high-low chair, and was unable to sit up independently. On the date of his death, CC was in a high-low chair that had a broken strap and was missing the center pommel on the seat between the legs. This strap and pommel were integral to the safety of the chair and ensured that CC did not slide down in his chair. The Defendants were aware that this strap and pommel were necessary to ensure he was properly and safely secured in his wheelchair. Despite knowing the pommel was missing and the strap was broken, the Defendants advised the foster parents they could continue to use the high-low chair. Tragically, when left alone for a period of time, due to the broken strap and missing piece, CC slid down in his high-low chair and was asphyxiated due to being hung on the chest straps, resulting in his death. The Defendants in this case were the foster parents; UCAN, the agency that placed CC with the foster parents and employed the caseworker assigned to CC; various Maxim Healthcare entities that employed the nurses who provided in-home nursing care to CC; and various ICG entities that employed the physical therapist for CC.
  • Co-counsel with Larry R. Rogers, Jr.
• $2.75 Million Recovery – Medical Malpractice
  • M.L. as Special Administrator of the Estate of M.L., deceased v. Northwestern Medical Faculty Foundation, 09 L 004942 (Cook County)
  • A 16-day-old male, survived by his parents, experienced a 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.
• $2.5 Million Recovery – Medical Negligence
  • On January 24, 2017, the plaintiff’s husband underwent a bilateral total knee arthroplasty. He was morbidly obese and had a history of high blood pressure and sleep apnea and was in the highest risk category for venous thromboembolism (VTE). The next day, he exhibited oxygen desaturation, tachycardia, diaphoresis, and other signs and symptoms of a serious condition. He had a physical therapy session, then a few hours later, he collapsed and died as a result of a pulmonary embolism.
  • Co-counsel with Larry R. Rogers, Jr.
• $2.25 Million Recovery – Medical Negligence
  • The Plaintiff underwent a knee replacement at Defendant’s hospital and suffered complications with anesthesia during the procedure. His condition then continued to decline and plaintiff alleged the defendants failed to intervene timely which resulted in him suffering from pneumonia and a compromised respiratory system. He then proceeded to have multiple hypoxic events causing a brain injury and cognitive impairment as well as other physical injuries. The plaintiff ultimately died as a result of these complications.
  • Co-counsel with Larry R. Rogers, Jr.
• $2.2 Million Recovery – False Claims Act Case
  • Represented a whistleblower in a false claims act case involving a construction company who was illegally doing construction without the proper permits and defrauding the City of Chicago of the permit fees.
  • Lead counsel for Relator – Carolyn S. Daley
• $2 Million Recovery – Trucking Negligence
  • J.K and N.K., Individually and as Special Co-Administrators of the Estate of J.K., deceased v. Harmon Grain, et al, 07 L 00009 (Ogle County)
  • On September 22, 2005, J.K. was a 24-year-old male who was driving westbound on Route 64 near Chana Road in Ogle County, Illinois, when the Defendant driver, who was operating a tractor-trailer for Defendant Harmon Grain, failed to stop at the stop sign on southbound Chana Road and struck the motor vehicle being operated by J.K., who died as a result of the injuries sustained in the motor vehicle accident. The Defendant driver was driving under the influence of drugs and was cited for numerous violations involving his tractor-trailer. At the time of his death, J.K. left surviving him his parents and his sister.
  • Co-counsel with Joseph A. Power, Jr.
• $1.775 Million Recovery – Premises liability
  • D.N, individually and as special administrator of the Estate of J.N., deceased, v. Unnamed Apartment Complex, 11 L 005686 (Cook County)
  • On January 19, 2011, J.N. was a 63-year-old subcontractor working at the defendants’ apartment complex when he slipped and fell in an unreasonably dangerous, icy parking lot. Plaintiff alleged that the defendants were negligent in their maintenance of the parking lot, including plowing and salting, resulting in unreasonably dangerous conditions. As a result, J.N. fell and suffered severe injuries resulting in his death.
  • Lead counsel – Carolyn Daley
• $1.5 Million Verdict – Wrongful Death.
  • Mayhorn v. City of Chicago, 09 L 13503 (Cook County)
  • On March 10, 2009, Matthias Mayhorn was at his home when two plainclothes officers arrived to arrest him pursuant to an investigative alert for a domestic incident. Mr. Mayhorn fled into his bedroom and attempted to exit a 2^nd floor bedroom window when he was grabbed by his legs by the officers. The officers alleged that Mr. Mayhorn pulled a gun on them while he was attempting to evade arrest through the 2^nd floor window and while being held by his feet by the officers. The defense further alleged that the police officers shot Mr. Mayhorn twice when he refused to drop the weapon and were justified in the use of deadly force in doing so. The Plaintiff established that Mr. Mayhorn was not shot at the window as the defense contended in a struggle with the police officers, but more likely than not was shot in the gangway below where he did not pose a threat of imminent death or serious bodily harm to the police officers or others. The Plaintiff introduced forensic evidence found at the scene, and testimony from a forensic pathologist regarding the downward and forward trajectory of the bullet wounds to the back of the head and the leg, to establish that Matthias was shot from a distance, and not at close range as the officers suggested. The Plaintiff also alleged that the lack of fingerprints or other evidence tying the weapon found at the scene to Matthias Mayhorn fit the profile for that weapon being a “drop gun” that was dropped at the scene to explain the unjustified shooting. The jury awarded $1.5 million dollars for the loss that Mr. Mayhorn’s three minor children suffered due to his death.
  • Co-counsel with Larry R. Rogers, Jr.
• $1.5 Million Recovery – Abuse In Residential Facility
  • The plaintiff’s son was a disabled adult who resided at a residential facility. He required assistance in his daily activities, including eating and dressing, a wheelchair for mobility, and 24-hour monitoring and supervision. On April 5, 2020, he experienced stomach pain, vomiting, and refused to eat any food. His condition worsened that day and the next. In the evening of April 6, he was found unresponsive and not breathing. Emergency responders were unable to save him. His cause of death was determined to be due to an intestinal obstruction as a result of ingestion of a small ball. It was alleged that the residential facility failed to properly monitor and supervise him allowing him to have access to the ball that he ingested. It was further alleged they failed to appropriately respond to his medical condition.
  • Co-counsel with Larry R. Rogers, Jr.
• $1.4 Million Recovery – Premises Liability
  • The Plaintiff, an 84-year-old retired gentleman and long-time customer of an auto shop, was struck by a vehicle being operated in reverse by one of Defendant’s employees while standing near the shop’s driveway. The collision caused the Plaintiff to fall resulting in a displaced right femoral neck fracture requiring hip replacement surgery and a right wrist fracture to his dominant hand. Instead of calling emergency services, Defendant’s employees physically carried the Plaintiff, contrary to his wishes, to his vehicle and drove him home, delaying his access to medical care.
  • Lead counsel – Carolyn S. Daley
• $1.2 Million Recovery – Sexual Assault
  • Jane Doe v. The Langham Hotel
  • Jane Doe was sexually assaulted by a massage therapist, Joseph Mitchell, while receiving services at the Chuan Spa at the Langham Hotel Chicago on September 30, 2020. In June 2019, the Langham received a complaint from a customer that Mitchell assaulted and abused her and another woman during a massage. The Langham did not terminate Mitchell’s employment and allowed him to keep treating women with massages and other body treatments. On September 30, 2020, Mitchell was providing Jane Doe with a body treatment and massage when he sexually assaulted her.
  • Lead counsel – Carolyn S. Daley
• $1.1 Million Recovery – Motor Vehicle Negligence
  • The Plaintiff N.G. was operating her vehicle westbound on Route 60 near the intersection of Route 43 when the defendant, who was driving eastbound on Route 60, turned left and struck N.G.’s vehicle. Defendant failed to yield the right of way, causing the accident. N.G. suffered a right patellar fracture, a right tibial and fibular fracture, and right middle and medial cuboid fractures. Her injuries required surgical intervention, hospitalization for 13 days, in-home health care, and extensive physical therapy.
  • Lead Counsel – Carolyn S. Daley
• $1 Million Recovery – Sexual Assault
  • Jane Doe v. The Langham Hotel
  • Jane Doe was a client at The Langham Hotel’s Huang Spa when she was sexually assaulted by Joseph Mitchell, a massage therapist employed by The Langham. Defendant Mitchell had a history of complaints by massage therapy clients for sexual assault, exposing their genitalia, and inappropriate sexual conduct while providing massage treatments. These complaints resulted in his being terminated from previous employers prior to working at The Langham. In addition, prior to Jane Doe being assaulted, The Langham had received a previous complaint regarding Defendant Mitchell’s conduct. Despite knowing this history and complaints, The Langham failed to terminate this employee, continued to allow him to massage female clients, and failed to protect female clients from his sexually predatory behavior. During a massage, Jane Doe was sexually assaulted, inappropriately touched, and had her genitalia exposed.
  • Lead Counsel – Carolyn S. Daley
• $1 Million Recovery – Medical Negligence
  • On April 29, 2018, the plaintiff, aged 70, presented to the E/R complaining of right hip pain. X-rays revealed possible calcifications within the soft tissues. A follow-up MRI revealed a mass within the right gluteus muscles. On July 1, 2019, she was diagnosed with Stage IV angiosarcoma. She underwent treatment but died from the disease on April 24, 2020. Allegedly, her physician was negligent in his care and treatment of her following her April 29, 2018, emergency department visit, which delayed her diagnosis, and allowed her disease to progress. She died prematurely as a result of the delay in diagnosis.
  • Lead Counsel – Carolyn S. Daley
• $1 Million Recovery – Premises Liability
  • C.D. Individually and as Special Administrator of the Estate of J.P., deceased, v. Unnamed Medical Center and Security Company (Winnebago County)
  • On the evening of May 31, 2016, J.P. accompanied his spouse, C.D., an employee of the defendant medical center, to the clinic to check on a security matter. There, they encountered the spouse of one of the medical center owners, who stabbed J.P. and caused fatal injuries. Allegedly, there had been an ongoing business dispute between the owners of the clinic. On multiple previous occasions, police were involved in incidents that took place on the clinic property involving one owner’s husband. Both the defendant owner and the defendant security company were aware of the history. On the date of the attack, the owner instructed the security company that, because of the previous incidents, if there were any security issues, it should immediately call the police. Despite these instructions, the security company called C.D. but failed to warn of the potential danger. Then it called the police on the non-emergency line, advising only of a commercial property alarm.
• $1 Million Recovery – Motor Vehicle Negligence
  • R.F. v. Gercek, et al, 08 L 002975 (Cook County)
  • On September 12, 2007, the Plaintiff, R.F., was a 74-year-old female who was a pedestrian crossing Delaware Street near 175 E. Delaware in Chicago, Illinois, when she was struck by the van the Defendant, I.G., was operating in reverse on Delaware Street while attempting to make a delivery at the John Hancock Building. The Plaintiff sustained a traumatic brain injury, oral injuries necessitating multiple oral surgeries, and knee and hip injuries as well.
  • Co-counsel with Joseph A. Power, Jr.
• $850,000 Recovery – Sexual Assault
  • John Doe v. The Board of Education of the City of Chicago
  • John Doe was a disabled minor in the cluster program at Chicago Public School’s Bogan Technical High School. He has had an IEP since he was in preschool at CPS. According to John Doe’s IEP, he required a paraprofessional, among other things, to supervise while transitioning throughout the building, to and from all specials, lunch, on and off the bus, and in the bathroom. Student A was another cognitively disabled minor in the cluster program at Bogan High School. CPS knew that Student A had an IEP, a functional behavior assessment, and a behavior intervention plan that addressed, among other things, his significantly maladaptive behaviors, violent behavior including physical and verbal aggression toward others, anger control, and inappropriate sexual behaviors. CPS was aware that Student A was a danger to himself and others as it was documented in Student A’s IEP. Prior to attending Bogan, Student A required a one-on-one dedicated paraprofessional aide. While at another CPS school, Student A was found in a bathroom stall with two other students from the cluster program and according to CPS’ documents a Safety Plan was developed for him. The staff involved in this bathroom incident were very concerned that the dedicated aide for Student A was not in place and may have been a contributing factor. The staff said this needed to be addressed to deter from any future occurrence. Despite this, at Bogan Student A was not given a one-on-one dedicated aide. In June of 2016, another disabled student in the cluster program at Bogan reported being sexually assaulted on more than one occasion in the bathroom at Bogan by Student A. The administration was aware of these allegations and did nothing to protect other students. Student A was not given a dedicated aide and his teachers and aides in his classroom were not advised that there were allegations that he sexually assaulted another student. Bogan and CPS did not implement a Safety Plan for Student A to prevent this from happening to another student. Student A continued to be a student at Bogan and was not provided with a dedicated aide for the 2016-2017 school year, despite these allegations and ongoing behavioral and disciplinary infractions. On February 8, 2017, John Doe’s bus was late bringing him home from school. Upon arriving home, he was agitated and kept hitting himself, saying, “He hurt me.” Upon inquiry by his mother, he advised that Student A sexually and physically assaulted him.
  • Co-counsel with Larry R. Rogers, Jr.
• $800,000 Recovery – Medical Malpractice
  • Roberts v. Superior Air-Ground Ambulance Service
  • On May 27, 2011, Plaintiff Roberts, a 68-year-old woman, was admitted to Crestwood Care Centre for rehabilitation following a successful above-the-knee amputation on her right leg at Little Company of Mary Hospital. On June 7, 2011, Plaintiff appeared “gray” in color and was “cold” to the touch. A Nurse Practitioner for Crestwood instructed a nurse from Crestwood to call for an ambulance to take Plaintiff back to Little Company of Mary Hospital. Plaintiff alleged Ms. Roberts was not properly monitored during transport; the paramedics took an unreasonable amount of time to transport a woman who had an acute change in mental status and abnormal vital signs; and the paramedics should have taken her emergently to the better and closer hospital. Plaintiff further alleged that the paramedics altered Mrs. Roberts’ ambulance run report, even two days after her death.
  • Co-counsel with Larry R. Rogers, Sr.
• $800,000 Recovery – Sexual Abuse
  • Jane Doe v. The Board of Education of the City of Chicago
  • During Jane Doe’s junior year of high school, one of her teachers, Walter Glascoff, began grooming her. This grooming continued throughout her junior year, into the summer months, and turned into a sexual relationship. During Jane Doe’s senior year of high school, the grooming and sexual interactions continued, escalating to Glascoff raping Jane Doe. During this time, there was a culture at Hubbard High School where teachers and students having relationships were normalized and the students did not feel they were protected by the administration. The abusive and controlling relationship continued after Jane Doe graduated from Hubbard High School for approximately 6 years.
  • Lead counsel – Carolyn S. Daley
• $780,000 Recovery – Motor vehicle negligence
  • Plaintiff was a passenger in a vehicle on her way to the airport that was involved in a single-car accident. The driver alleged that he was struck by another vehicle which fled the scene. Plaintiff alleged that the driver fell asleep and lost control of the vehicle resulting in the accident. Plaintiff suffered a cervical fracture requiring a fusion.
  • Lead counsel – Carolyn S. Daley
• $750,000 Recovery – Sexual Assault
  • John Doe v. The Board of Education of the City of Chicago
  • John Doe was a disabled minor in the cluster program at Chicago Public School’s Bogan Technical High School. He has had an IEP since he was in preschool at CPS. According to John Doe’s IEP, he required a paraprofessional, among other things, to supervise while transitioning throughout the building, to and from all specials, lunch, on and off the bus. Student A was another cognitively disabled minor in the cluster program at Bogan High School. CPS knew that Student A had an IEP, a functional behavior assessment, and a behavior intervention plan that addressed, among other things, his significantly maladaptive behaviors, violent behavior including physical and verbal aggression toward others, anger control, and inappropriate sexual behaviors. CPS was aware that Student A was a danger to himself and others as it was documented in Student A’s IEP. Prior to attending Bogan, Student A required a one-on-one dedicated paraprofessional aide. While at another CPS school, Student A was found in a bathroom stall with two other students from the cluster program and according to CPS’ documents a Safety Plan was developed for him. The staff involved in this bathroom incident were very concerned that the dedicated aide for Student A was not in place and may have been a contributing factor. The staff said this needed to be addressed to deter from any future occurrence. Despite this, at Bogan Student A was not given a one-on-one dedicated aide. Student A, left unsupervised in the bathroom at Bogan, sexually assaulted John Doe who was also unsupervised in the bathroom. John Doe reported the assault to another student at Bogan who subsequently reported it to a teacher.
  • Lead Counsel – Carolyn S. Daley
• $700,000 Recovery – Motor Vehicle Negligence
  • P.T. v. Hirota, et al, 08 L 004492 (Cook County)
  • On January 22, 2008, the Plaintiff, P.T., was a 47-year-old female who was driving eastbound on Dundee Road in Arlington Heights, Illinois, proceeding through the intersection of Dundee Road and Wilke Road, when the Defendant, S.H., turned left from westbound Dundee Road and struck the Plaintiff’s vehicle. The Plaintiff sustained right tibia and fibula fractures requiring an open reduction internal fixation.
  • Co-counsel with Larry R. Rogers, Sr.
• $675,000 Recovery – Sexual abuse
  • This matter arose out of the grooming and sexual abuse of John Doe, which occurred when he was a young child, by Father Fred Lenczycki, a priest at St. Isaac Jogues Parish in the Joliet Diocese. John Doe had his buttocks groped on three or four occasions. The offender, on a separate occasion, brought John Doe to his private living quarters at the parish building, told him to undress, proceeded to swaddle him in a wrap under the auspices of a costume for a play, and fondled his genitalia. The offender was moved to another church due to allegations of misconduct and abuse by multiple families and subsequently admitted to sexually abusing children at various churches across the country. The settlement was reached prior to filing suit.
  • Lead counsel – Carolyn S. Daley
• $600,000 Recovery – Motor Vehicle Negligence
  • C.S. v. El Perico Logistics, LLC
  • On December 11, 2015, the plaintiff was seated in her parked car on South Keating Avenue when the defendant truck driver sideswiped her vehicle while he was pulling into a parking spot ahead of her. She suffered injuries that led to radiculopathy, stenosis, and compression at C5-C6, which required discectomy and fusion. She subsequently developed adjacent segment disease at C6, for which she underwent injections ($137,079 medical expense).
  • Lead counsel – Carolyn S. Daley
• $600,000 Recovery – Medical Negligence
  • On April 13, 2018, the plaintiff presented to his doctor. His doctor performed an eye exam and told him he was a candidate for a cataract removal procedure. On October 31, 2018, plaintiff underwent cataract surgery. Postoperatively, plaintiff had an increase in intraocular pressure and subsequently suffered vision loss. It was alleged the injury was caused by a macular hole that was present before the cataract surgery, but his doctor failed to recognize and treat it. Plaintiff suffered permanent loss of some vision in his right eye as a result.
  • Lead counsel – Carolyn S. Daley
• $525,000 Recovery – Premises Liability
  • Plaintiff slipped and fell in a grocery store’s produce section resulting in a rotator cuff tear and subsequent surgery.
  • Lead counsel – Carolyn S. Daley
• $500,000 Recovery – Premises Liability
  • The Plaintiff was shopping at an unnamed clothing store when she tripped and fell as a result of an empty portable clothing rack being left between the aisles. Due to the clothing rack being empty and the manner in which it was left out, it was not easily visible and was a tripping hazard. The unnamed clothing store had policies that prohibited employees from leaving clothing racks unattended or leaving them empty within the aisles due to it being a tripping hazard to customers in the store. N.C. sustained a 4-part fracture of the surgical neck of the humerus with marked disruption of the humeral head with intraarticular incongruity with separation right at the joint. As a result of her injuries, N.C. underwent a full shoulder replacement.
  • Lead counsel – Carolyn S. Daley
• $425,000 Recovery – Premises Liability
  • L.M. v. Midwest Gaming & Entertainment LLC d/b/a Rivers Casino
  • On November 21, 2019, L.M. was walking from the parking garage into Rivers Casino. She tripped and fell as a result of a negligent curb design and placement of a slab of concrete behind the curb. L.M. while walking up the sidewalk from the street turned to go towards the entrance when she tripped as a result of the raised edge of the curb that was not visible to the eye as a result of the modification that Rivers Casino made behind the curb. The evidence revealed that Rivers Casino modified the curb area and placed a slab of concrete behind the curb because people were walking through the wood chip and plantings in that area causing dirt to be brought into the Casino. This modified the curb area to have a slab of concrete behind it that was the same color and so it would be hard for a pedestrian to visualize the raised curb area. They never painted the curbed area to clue a patron in to the raised edge. Rivers was negligent in the placement of this slab of concrete, creating an unreasonably dangerous condition with the raised curb which was a proximate cause of the fall. L.M. suffered a shoulder injury requiring a reverse shoulder replacement.
  • Lead counsel – Carolyn S. Daley
• $325,000 Recovery – Premises Liability
  • Murray v. Chicago Park District
  • Ms. Murray was attending a tour of Soldier Field with her family. She was descending a stairwell from the parking structure at Soldier Field when she fell as a result of broken and defective concrete on the landing off the bottom step. She suffered a right ankle fracture requiring surgery.
  • Lead counsel – Carolyn S. Daley
• $280,000 Recovery – Premises liability
  • R.G. v. Delicate Car Wash
  • R.G., an elderly man, was at a car wash when he went to use the bathroom. The bathroom floor tiles were wet causing R.G.’s cane to slip and him to fall. He suffered a left hip fracture requiring surgery. R.G. died during the pendency of the case due to unrelated causes.
  • Lead counsel – Carolyn S. Daley
• $245,000 Recovery – Motor vehicle negligence
  • Underinsured Motorist Claim – policy limits recovered
  • C.S.W. was a pedestrian in a crosswalk struck by a vehicle being operated by Arreola who was unable to see due to her windshield being “fogged up.” C.S.W. suffered a bilateral fracture of the right and left humerus, periorbital hematoma resulting in temporary left visual field deficits, and a concussion.
  • Lead counsel – Carolyn S. Daley
• $215,000 Recovery – Motor vehicle negligence
  • Plaintiff’s minor child was struck by a motor vehicle when crossing the street resulting in non-displaced maxillary fractures and a concussion.
  • Lead counsel – Carolyn S. Daley
• $208,000 Recovery – Nursing home neglect
  • Banker v. Lakeview Rehabilitation and Nursing Center LLC, et al
  • Ms. Banker was an elderly woman with dementia who was admitted to Lakeview for rehabilitation following a stay at a local hospital for COVID. She was largely dependent on staff for all of her activities of daily living and was a fall risk, in need of constant supervision. During her month-long stay at Lakeview, Plaintiffs alleged that she was not provided with care consistent with her interdisciplinary plan of care and she suffered multiple falls as a result of Lakeview’s negligence. Ms. Banker was also improperly diagnosed with schizophrenia and provided with excessive doses of psychotropic medications which were not warranted medically. Plaintiff was transferred to Illinois Masonic Hospital for a change in mental status where the physicians examined her for multiple things including elder abuse and sexual assault. Defendants paid the remaining policy limits of a declining insurance policy.
  • Lead counsel – Carolyn S. Daley
• $175,000 Recovery – Premises liability
  • AA v. Hilton Hotels
  • A.A. slipped on the stairs while at the Hilton for a work conference. She suffered a fracture to her right ankle resulting in surgery.
  • Lead counsel – Carolyn S. Daley
• $125,000 Recovery – Motor vehicle negligence
  • AJ v. Dugger (Winnebago County)
  • A.J.’s motor vehicle was struck by the defendant’s motor vehicle when he lost control due to excessive speed on snowy roadways. A.J. suffered a cervical strain and ongoing headache.
  • Lead counsel – Carolyn S. Daley
• $100,000 Recovery – Motor vehicle negligence
  • Plaintiff was riding a motorcycle when she was struck by a motor vehicle. She suffered a ligament tear in her right thumb resulting in surgery. The policy limits of $50,000.00 from defendant and policy limits of $50,000.00 from underinsured motorist policy were paid.
  • Lead counsel – Carolyn S. Daley
• $100,000 Recovery – Motor vehicle negligence
  • L.B. was a pedestrian in a crosswalk when she was struck by a motor vehicle being operated by Defendant Burt on February 23, 2019. L.B. sustained a closed fracture of the right tibia and fibula which required surgical intervention. Insurance policy limits of the defendant were paid.
  • Lead counsel – Carolyn S. Daley