Kathryn L. Conway

Results

A.A. v. Carla Burdock, et al., No. 14 L 2727 (2018 - Cook County)
Medical Malpractice: 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. Co-counsel, Joseph A. Power, Jr. and Joseph W. Balesteri.
Settlement: $35,000,000.00

J.D., et al. v. Trucking Company and Steel Company (2019 – Northern District of Illinois District Court)
Trucking/Transportation Negligence: A father (M-64), mother (F-43), and their only daughter (F-11) were rear-ended by defendants’ semi-tractor/trailer when its driver fell asleep on Interstate 55. All three were killed (the father was survived by two adult children from prior marriages and the mother was survived by her parents and siblings). Plaintiffs alleged that the trucker, who was acting under the defendant steel company's direction, had routinely violated the hours of service and other federal regulations and as a result, according to a sleep expert, was chronically sleep-deprived, which contributed to cause the fatal crash. Joseph A. Power, Jr. co-counsel with Kathryn L. Conway and James I. Power.
Settlement: $27,375,000.00

E.G. v. Lauren Thorpe, M.D., et al., No. 2014 L 012688 (2018 - Cook County)
Medical Malpractice: Mom’s active phase of labor was less than two hours when Dr. Thorpe placed a vacuum on the baby’s head in an effort to extricate him without maternal or fetal threat. The initial cup used was a Kiwi Pro Cup, which is designed for occiput anterior positioning, however the fetal head position was occiput posterior. The cup popped-off and Dr. Thorpe next applied a Kiwi Omni cup which also popped-off after traction. The cups were placed at 0 to +1 station (mid-pelvis) and were not properly positioned at the flexion point. Because of vacuum use, the baby suffered a focal arterial stroke due to occlusion of blood flow in the right middle cerebral artery. The minor plaintiff is disabled and has permanent and severe injuries. Co-counsel Joseph W. Balesteri.
Settlement: $16,000,000.00

N.K. v. Local Community Hospital, No. 2019 L 012354 (Cook County)(2022) 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. Plaintiff’s consultants opined that her initial presentation was concerning for infection, and she was not timely treated. She is survived by her husband and two minor children. Co-counsel Joseph W. Balesteri.
Settlement: $11,000,000.00

T.C. v. Advocate Health & Hospitals Corp., et al., 17 L 2749 (2022 – Cook County)
Wrongful Death/Medical Malpractice: The 59 YO patient presented to an outpatient Advocate Clinic with signs and symptoms of an upper respiratory infection and an abnormal pulmonary exam noting “mild congestion bilaterally.” The patient was noted to have spent time with her father in a nursing home who had recently tested positive for MRSA. The patient was given a prescription for Azithromycin, an antibiotic that does not cover MRSA. Two days later, she presented to South Suburban Hospital with signs of an advanced pneumonia, which was later confirmed to be a MRSA pneumonia. Plaintiff argued that the abnormal pulmonary exam was indicative of a lower respiratory infection and necessitated the ordering of an x-ray to rule out PNA and that an antibiotic effective against MRSA had to be given. Advocate argued that MRSA-PNA is exceedingly rare and that Azithromycin is an antibiotic that covers the most common bacterial pneumonia agents. The patient was survived by her husband, who passed away 5 years later, and three adult sons.
Verdict: $8,050,000.00

M.A. v. Woodharbor Millworks, et al., 13 cv 6849 (2016 – Cook County)
Trucking Negligence: The Plaintiff was struck and partially run over by a right-turning truck as she began to cross the street while on her bicycle. The Plaintiff suffered injuries to her pelvis and abdomen, requiring the use of a diverting colostomy which may or may not be permanent. Additionally, the Plaintiff suffered from symptoms of PTSD. The Plaintiff was unmarried and not working at the time of the collision. Co-counsel Larry R. Rogers, Jr.
Settlement: $7,750,000.00

V.A. v. Area Hospital (2020 – Cook County)

Medical Malpractice: The Plaintiff, a 66 year-old woman, suffered paraparesis after physicians at an area hospital failed to timely diagnose and treat her rare spinal cord lesion. The defense contended that the delayed diagnosis was inconsequential, because the lesion was in a location that rendered it inoperable. Co-counsel Thomas G. Siracusa.
Settlement: $7,000,000.00

E.C. v. Local Academic Medical Center, No. 2016 L 008588 (2020 - Cook County)

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. Co-counsel Joseph W. Balesteri.
Settlement: $6,500,000.00

L.T. v. Cook County Stroger Hospital, No. 2015 L 5487(2018 - Cook County)

Medical Malpractice/Wrongful Death: On May 10, 2013, Plaintiff’s Decedent (F-55) presented to Cook County Stroger Hospital for the purposes of undergoing a pacemaker insertion surgery due to her chronic cardiac condition. Post-surgical bleeding was encountered and the Plaintiff’s Decedent remained an inpatient through June 2, 2013, at which point she was discharged home. She re-presented four days later complaining of shortness of breath. She suffered an arrest the following morning and died as a result of pneumonia and hypovolemic shock. Plaintiff contended that a surgical evacuation and/or blood transfusions should have been undertaken upon Decedent’s re-presentation to Stroger hospital, prior to her arrest. The Decedent is survived by her husband and four adult children.
Settlement: $6,450,000.00

Estate of J.T. v. M.C., 11 L 11030 (2014 – Cook County)
Trucking Negligence: The Decedent was attempting to cross the street in a crosswalk in her motorized wheelchair when a truck driver failed to stop at a stop sign and struck her. The Decedent suffered eviscerating injuries to her lower extremity, which lead to her death shortly thereafter. The Decedent was unmarried and unemployed at the time of her death, and is survived by four adult children, two of whom lived out of state. Co-counsel Larry R. Rogers, Jr.
Settlement: $5,500,000.00

J.D. v. Undisclosed Hospital, 2011 L 7385 (2014 - Cook County)
Medical Malpractice: The Plaintiff underwent sinus surgery as a remedy for recurring upper respiratory infections. Plaintiff alleged that the operating physician negligently penetrated the orbit and severed the optic nerve, several muscles and tissue supporting and controlling the Plaintiff’s right eye, resulting in partial blindness, inability to control eye movement, as well as chronic pain.
Co-counsel Joseph A. Power, Jr.
Settlement: $5,000,000.00

M.C. v. A Local Community Hospital and Local Surgeon (2022 - Cook County)
Medical Malpractice: 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. Co-counsel with Joseph W. Balesteri.
Settlement: $4,750,000.00

N.W. v. Advocate (2015 - Cook County)
Medical Malpractice: The Plaintiff’s Decedent presented to the Defendant hospital in the early morning complaining of a sickle cell crisis. Plaintiff alleged that due to a failure to properly and timely monitor and treat Plaintiff’s Decedent over the next 36 hours, the Decedent developed acute chest syndrome, which caused her death. Defendants claimed that the Decedent’s acute chest syndrome developed rapidly due to a fat embolism, and that intervention would not have prevented her death. Co-counsel Larry R. Rogers, Sr.
Settlement: $4,750,000.00

J.M. v. Advocate Illinois Masonic, 14 L 10562 (2018 – Cook County)
Medical Malpractice: A 70-year old female went into Advocate Illinois Masonic for a planned thyroidectomy due to the development of a massive goiter. During surgery, she suffered a stroke. Plaintiff alleged that the stroke was caused by deep anesthesia and resultant hypoperfusion to her brain. Defendants maintained that the stroke was embolic and caused by dislodged plaque due to manipulation of the right carotid artery in order to remove the massive tumor. The Plaintiff suffered weakness on her left side as a result of the stroke and required the use of a cane and/or walker to get around. She was already retired at the time of the stroke. There was a $100,000 offer prior to trial. The $4.6 Million verdict included an award of $2 Million for emotional distress. Co-counsel Larry R. Rogers, Jr.
Verdict: $4,600,000.00

M.E. v. The University of Iowa Medical Center (Johnson County, Iowa)
(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 Joseph W. Balesteri.
Settlement: $4,500,000.00

Estate of M.G. v. CTA, 10 L 11637 (2015 - Cook County)
Bus Negligence: The Decedent was attempting to cross the street when she was struck by a left-turning CTA bus and ultimately run over by its rear tires. Defendants contended that Decedent was distracted and on her phone at the time of the collision. Initially, the CPD and CTA believed another vehicle was involved in the collision and that Decedent was struck by that vehicle and somehow forced under the bus as she was crossing the street on the east side of the bus’ turn. Through the use of video from a CPD camera, video from the rear of the CTA bus, and reconstruction efforts, Plaintiffs’ counsel determined that no other car was involved in the collision and that Decedent had actually been on the west side of the bus as it was making its turn, and was struck due to the phenomenon of off-tracking. Decedent was a mother of two, and was separated from her husband, the father of her first child, and living with her boyfriend, the father of her younger child. Co-counsel Thomas M. Power.
Settlement: $4,300,000.00

M.S. v. Local Construction Company and Its Employee (2022 – Northern District of Illinois)
Negligence/Premises Liability: On July 6, 2018, the Plaintiff was injured when he was working as a field hand on a rural construction site, assisting in the moving of large pieces of building materials. A heavy metal cable he was working with suddenly retracted into the machine being operated by the Construction company’s employee, causing several fractures to Plaintiff’s leg and an inability to return to work for a year and a half. The Defendants contended that the Plaintiff was injured because he was in a place he was not supposed to be and that he was a borrowed employee and his sole remedy was under Workers’ Compensation.
Settlement: $3,850,000.00

Estate of K.R. v. Children’s Memorial Hospital (2017 – Cook County)
Wrongful Death/Medical Malpractice: The minor Decedent was born with a congenital heart defect. Plaintiffs allege that the Defendant did not obtain their consent before converting a diagnostic procedure to an interventional procedure and negligently elected to place a plug in an attempt to occlude the minor’s collateral vessel. After failing to obtain total occlusion, the Defendant placed a second, larger Plug and caused perforation of the vessel and for the minor Decedent to exsanguinate and die. Co-counsel Larry R. Rogers, Jr.
Settlement: $3,000,000.00

M.B. v. A Local Community Hospital and Family Medicine Physician, No. 2018 L 005291 (Cook County)
(2022) Medical Malpractice: Plaintiff presented to a local community hospital after her bag of waters ruptured for purposes of labor and delivery. Baby began experiencing recurrent heart rate abnormalities indicative of fetal distress. Nursing staff negligently continued. Nursing staff also failed to utilize the chain of command when the attending physician failed to respond to phone calls and did not present to the hospital in a timely fashion. Once the attending family practice physician arrived, she failed to recognize fetal distress and did not timely move to a Caesarean Section. Baby died shortly before birth. Decedent is survived by his parents and two older siblings. Co-Counsel with Joseph W. Balesteri.
Settlement: $2,950,000.00

Y.G. v. An Academic Medical Center and an Obstetrician No. 2019 L 003499 (Cook County)
(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. Co-Counsel with Joseph W. Balesteri.
Settlement: $2,750,000.00

J.D. v. Local Suburban Hospital (2022 – Cook County)

Medical Malpractice/Birth Injury/Wrongful Death: Following an induction of labor on January 19, 2021, the baby's fetal heartrate 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. Co-counsel with Joseph W. Balesteri.
Settlement: $2,500,000.00

Estate of C.D. v. University of Chicago Hospitals (2016 – Cook County)
Wrongful Death/Medical Malpractice: In June 2014, Decedent was treated in the University of Chicago Hospital's emergency room, but was discharged without being told that she had a mass in her right lung. In March 2015, Decedent was diagnosed with cancer in her right lung. She succumbed to the disease on July 28, 2015 at age 80 (survived by her husband and three adult children). Lawsuit alleged delay in diagnosis/treatment of her lung cancer. Co-counsel Larry R. Rogers, Jr.
Settlement: $2,500,000.00

J.D. v. Local Medical Care Providers (2021 – Peoria County)
Medical Malpractice/Wrongful Death: 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. Co-counsel Joseph W. Balesteri.
Settlement: $2,200,000.00

L.A. v. Central Illinois Hospital (Champaign County)

(2022) 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. Co-counsel Joseph W. Balesteri.
Settlement: $2,000,000.00

D.L. v. Area Hospital (2017 – Cook County)
Medical Malpractice/Birth Injury: Plaintiffs’ alleged that the decedent physician failed to recognize the presence of a shoulder dystocia, despite numerous risk factors including the application of a vacuum at a high station, and applied excessive downward traction in order to effectuate the delivery, thereby causing the baby to supper a permanent brachial plexus injury. Defendants disputed the presence of shoulder dystocia and maintained that Plaintiff’s injuries were the result of the internal forces of labor. Co-counsel Pamela Pantages of Nurenberg Paris
Verdict: $2,000,000.00

Estate of L.B. v. Westlake Hospital (2016 – Cook County)
Wrongful Death/Medical Malpractice: The Decedent died from a pulmonary embolism eight days after undergoing surgery at Westlake Hospital allegedly because she did not receive appropriate anticoagulation medication post-operatively. Plaintiff alleged that the Defendant care providers failed to appreciate the patient's risk factors for developing deep vein thrombosis (DVT) and pulmonary embolism. Defense argued that pharmacologic intervention was not necessary because the patient was ambulating adequately post-operatively. Co-counsel Larry R. Rogers, Sr.
Settlement: $2,000,000.00

K. v. Motorist and Local Construction Entities (Cook County)
(2022) Premises Liability/Construction Negligence: As Plaintiff was attempting to cross the street, she was struck by a right-turning vehicle. The driver's vision was obscured by construction equipment in the roadway as she was beginning to make her turn. Plaintiff suffered a traumatic brain injury, which required a craniectomy and later bone flap reimplantation surgeries, as well as inpatient and outpatient physical and occupational therapy. She returned to work part-time within 5 months of the collision and full-time within 7 months.
Settlement: $1,950,000.00

C.G. v. A Local Premises Operator (Cook County)
(2022) Premises Liability: The 65 year old Plaintiff was injured when he was caused to trip and fall on a cable left on the public sidewalk. Plaintiff’s foot became caught on the cable, causing him to fall forward, head-first, into a nearby metal barricade. Plaintiff was diagnosed with central cord syndrome, which required cervical decompression surgery. Co-counsel with Joseph W. Balesteri.
Settlement: $1,500,000.00

Estate of B.C. v. Rush University Medical Center (2016 – Cook County)
Wrongful Death/Medical Malpractice: Plaintiffs allege that Decedent was admitted for a routine hip replacement surgery. During his post-operative, inpatient treatment, his care providers failed to recognize the presence of an ileus and, after Decedent began to experience difficulty breathing, the anesthesia service attempted an intubation but failed to protect Decedent's airway, which caused Decedent to go into cardiac arrest and pass away. Co-counsel Larry R. Rogers, Jr.
Settlement: $1,500,000.00

City of Marseilles v. Ingram Barge (2016 – LaSalle County)
Maritime/Property Damage: The City of Marseilles, Illinois suffered severe flood damage after barges owned and operated by Ingram Barge Company allided with the Marseilles dam on the Illinois River, adjacent to the City center, which impeded the flow of water through the dam and caused significant flood damage to sewer, roads, and other City property.
Settlement: $1,200,000.00

A.S. v. A Local Community Clinic, No. 2017 L 005653 (Cook County 2021)
Medical Malpractice/Wrongful Death: 51-year-old female went to a Local Community Clinic which dispensed over-the-counter dietary supplements containing concentrated green tea extract. Plaintiff’s experts believe that a physician’s office should not be dispensing dietary supplements without explaining the risks involved to consumers/customers. Over the course of a few months with additional visits to the clinic for these dietary products, liver failure resulted in hospitalization, hospice care, and her death. Plaintiff’s decedent did not fit criteria for organ transplantation. The clinic had $1 million of insurance. Dietary supplements are not subject oversight by the Food and Drug Administration in the United States. Survived by two adult children and her husband. Co-counsel with Joseph W. Balesteri.

Settlement: $950,000.00

S.G. v. MetroSouth Medical Center, 14 L 11391 (2018 - Cook County)
Medical Malpractice: The Plaintiff presented to MetroSouth for the performance of an MRI. Plaintiff maintained that the IV catheter was improperly placed in a small vein in the dorsum of the Plaintiff’s thumb, which caused an extravasation injury to occur. The Plaintiff developed a compartment syndrome in her non-dominant hand, which required two surgeries and physical therapy. Co-counsel Joseph A. Power, Jr.
Settlement: $750,000.00

M.B. v. Undisclosed Carrier (2018 – Cook County)
Premises/Trip and Fall: The Plaintiff was exiting the aircraft at O’Hare International Airport, when she stepped into the gap between the aircraft and the jet bridge and fell forward onto the jet bridge injuring her ankles, knee, and low back.
Settlement: $512,000.00

E.L. v. AUG FIVE, et al., No. 2016 L 7996 (2019 – Cook County)

Premises Liability: Plaintiff slipped and fell on a patch of ice that she contended was the result of a property defect causing an unnatural accumulation. Defendants argued they did not have notice of the defect and that the accumulation was open and obvious. Plaintiff suffered a tri-malleolar fracture requiring surgery and physical therapy.
Settlement: $430,000.00

G.C. v. Menard, Inc., 09 L 15647 (2012 – Cook County)
Premises: The Plaintiff fell and suffered a severe fracture to her humerus requiring a partial shoulder replacement after tripping over an unseen hazard in the cart corral of a Menards home improvement store. Co-counsel Thomas M. Power.
Verdict: $425,048.25

R.J. v. Vito Migliore, 11 L 3572 (2012 – Cook County)
Auto: The Plaintiff, a 50 year-old male, was riding his bicycle in a designated bike lane on Southport Avenue when he was struck by Defendant's vehicle, which was making a left turn into a CVS parking lot. The Plaintiff sustained injuries including a dislocated shoulder and rotator cuff repair. Co-counsel Joseph W. Balesteri.
Settlement: $240,000.00

F.B. v. First Luna Taxi Cab Co. (2017 – Cook County)
Automobile collision: The Plaintiff was a passenger in a taxicab that ran a red light and was involved in a collision. Defendants admitted liability shortly before trial. Plaintiff suffered a post-concussive syndrome. The offer prior to trial was $60,000.
Verdict: $160,000.00

M.B. v. 1420 Sheridan Condo. Corp., 13 L 0883 (2013 – Cook County)
Negligence: The Plaintiff, a 93 year-old female, was pushed and caused to fall to the ground when she was struck by a luggage cart that was being pushed instead of pulled by a doorman at a condominium building. The Plaintiff suffered a non-displaced proximal humerus fracture in her dominant arm. Co-counsel Todd A. Smith.
Settlement: $100,000.00