Larry R. Rogers Jr.

Power Rogers, LLP attorneys Larry R. Rogers Jr., James I. Power, and Dominique H. Rogers have secured a $229 million pre-trial settlement for a young man who suffered catastrophic spinal cord injuries in a construction zone collision — believed to be the largest pre-trial settlement for a single plaintiff in Illinois history and the largest of its kind in the United States.

The result was achieved in the face of a formidable liability defense. On December 18, 2022, the plaintiff, then a teenager, was a rear-seat passenger in a vehicle traveling approximately 71 mph in a posted 30 mph construction zone on Cermak Road near Kilbourn Avenue in Chicago. The vehicle entered an open lane, struck a gravel mound blocking westbound traffic, and was launched into the underside of a viaduct, crushing the roof above the plaintiff and leaving him an incomplete quadriplegic. From the outset, the defendants seized on the driver’s extreme speed, contending it was the sole proximate cause of the crash and that they bore no responsibility at all.

Through extensive discovery, the Power Rogers team built the case that the construction zone itself was a trap. The gravel mound had been placed in the roadway two days earlier as part of an AT&T utility lowering project involving Illinois Bell Telephone Company, LLC d/b/a AT&T Illinois and contractors JOSCO Construction Services, Inc., Archon Construction Co., Inc., and TSI. Hours before the crash, another vehicle knocked down the warning signs and arrow board, leaving the lanes exposed. The plaintiff established that the defendants abandoned the IDOT-approved Maintenance of Traffic plan, made unauthorized modifications that stripped away critical traffic control devices, improperly used a gravel mound as a roadway barrier, violated Chicago Department of Transportation work-hour requirements — and that the utility and its contractors held a non-delegable duty to keep the zone safe for the traveling public.

Damages were equally hard-fought. The defense life care plans assumed only 16 hours of daily attendant care and relied on the plaintiff’s 73-year-old grandmother to provide overnight medical care indefinitely — assumptions the plaintiff’s team dismantled given her age, health, and the absence of other caregivers.

“This was a hard-fought case from day one, on behalf of a teenager facing some of the most devastating injuries a person can endure,” said Larry R. Rogers Jr. “The defense had a story they believed would win this case outright — that the driver’s speed was the only cause and no one else bore any responsibility. Through years of relentless work, we proved that wasn’t true, and we proved what our client’s life will actually require.”

James I. Power added, “On paper, this is the kind of case that ends in a defense verdict. It became one of the most favorable settlements for an individual claimant in the history of this country because of the work, effort, and skill our team poured into every stage of this litigation. For a young man whose entire future was taken from him in an instant, nothing less would have been enough.”

The settlement resolves the case before trial against Archon Construction Co., Inc.; JOSCO Construction Services, Inc.; TSI; Illinois Bell Telephone Company, LLC d/b/a AT&T Illinois; the driver, Kyle Johnson; and Hertz, and secures the resources the plaintiff will need for a lifetime of medical care.

Joseph A. Power, Jr., as lead counsel, with the assistance of Larry Rogers, Jr., represented a Chicago family that lost six children in a fiery Wisconsin car crash in 1994 caused by an unqualified truck driver. Investigations prompted by the tragedy and lawsuit revealed widespread corruption, whereby the Secretary of State’s staff exchanged licenses for bribes that went to the campaign of George Ryan. These federal investigations triggered Operation Safe Road, which required retesting for over 2,000 drivers using tainted licenses and netted 76 convictions, including that of former Governor of Illinois George Ryan. Joseph Power and Larry Rogers, Jr. obtained a record $100 million settlement for personal injury and wrongful death for a single-family.

Joseph A. Power, Jr., Larry R. Rogers, Jr. and James I. Power of Power Rogers, LLP, and Louis Berns of Favil David Berns & Associates reached an agreement to settle their client, C.E.G.’s, claims against 7-Eleven, Inc. for $91 million. The parties were scheduled to begin picking a jury on Monday, February 6, 2023 before the Honorable Judge Mary Minella. This is the largest pretrial recovery for a person injured in the history of the State of Illinois.

Larry R. Rogers Jr., Jonathan M. Thomas, and Dominique H. Rogers reached an agreement to settle on behalf of their client, a 23-year-old female, that was severely injured and suffered a traumatic brain injury and multiple orthopedic injuries as a result of a tractor-trailer vs. motor vehicle collision. Plaintiff pursued a cause of action against the tracking company, the cargo container owner, as well as the freight forwarder/broker. Plaintiff alleged that the trucking company was an agent of the freight forwarder/broker and that the freight forwarder/broker was negligent in the selection and retention of the trucking company Defendant. The case settled on the eve of trial for $61,550,000.00.

(2019) Trucking Negligence: This action arose out of a collision that occurred on September 24, 2017, on Interstate 80, near Mile Marker 29.0, in Chesterton, Indiana. The Defendant Driver, Individually and as an Agent and/or Employee of a local trucking company was driving a tractor trailer westbound on I-80 several vehicles behind Plaintiff’s vehicle on the roadway. Suddenly, the Defendant Driver struck the rear of another tractor trailer, causing it to jackknife into the rear of the Plaintiff’s vehicle, causing Plaintiffs vehicle to spin off of the roadway and onto the shoulder. Plaintiff, a 24-year old male, became trapped in the driver’s seat of his vehicle from the collision and suffered a traumatic fracture of his spinal cord resulting in lower extremity paralysis.

Plaintiff was represented by partner, Larry Rogers Jr.

Fatal shootings at a Chicago Loop office tower. Mr. Power secured a $5.05 million verdict for a legal secretary who was shot and witnessed the deaths of co-workers; overall verdict against negligent security contractor was $33.45 million.

R.A v. A Local Hospital, et al.

(2024) Medical Malpractice: 35-year-old mother of 3 girls, all delivered vaginally, presents to hospital for labor and delivery of her first son.  Cessation of Pitocin over hours should have occurred due to tachysystole and/or Category II tracings to improve the tracings and if not, delivery by urgent c-section was needed.  Baby’s tracings were Category I for many hours previously, including on arrival.  The failure to stop Pitocin and notify physician(s) of continued Category II tracings without improvement resulted in fetal deterioration (Category III tracings) and uterine rupture of mom’s unscarred uterus.  Baby suffered total acute asphyxia and permanent neurologic injury.

DuPage County sheriff’s officer was dispatched to decedent’s home for domestic disturbance.  Upon entering with his firearm raised at all occupants of home.  The officer ordered TJ to come down the stairs of his home.  While unarmed, TJ proceeded down the stairway as instructed with his hands raised above his head, he slipped on a stair and the officer discharged his weapon in the direction of TJ and killed him. Co-counsel with Jonathan M. Thomas.

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.

B.J. v. City of Chicago

(2018) Police Shooting: On December 26, 2015, Plaintiff’s Decedent, a 55-year-old Chicago resident, lived on the first floor at 4710 W. Erie in Chicago. Antonio LeGrier resided upstairs at 4710 W. Erie. Quintonio LeGrier, Antonio’s son, was home for Christmas break. Quintonio was a 19 year old Northern Illinois University student. 911 tapes reveal that early in the morning on December 26, Quintonio LeGrier called 911 three times in the minutes prior to his shooting, begging to have the police come to his father’s house on west Erie for assistance for a domestic dispute. Antonio LeGrier, his father, also contacted 911 and officers were dispatched in response to his call.

Officer Robert Rialmo responded to 4710 W. Erie, along with Officer Anthony LaPalermo in response to a disturbance/check on the well-being call, with the offender armed with a bat. Upon arriving at the residence and ringing the doorbell, they were greeted by Plaintiff’s Dececent. Decedent pointed to the stairwell and said that the disturbance was upstairs. At that time, according to Officer Rialmo, Quintonio LeGrier appeared holding an aluminum baseball bat. Officer Rialmo was backing down the stairs onto the front walkway away from the front door and drew his service weapon. Officer Rialmo then fired his service weapon in the direction of Quintonio LeGrier. Officer Rialmo never saw her relocate out of the vestibule into her apartment, and he fired his weapon directly at the doorway where he had last seen the Decedent. Officer Rialmo discharged his weapon at least seven times, and one of the rounds that Officer Rialmo fired, struck, and killed Plaintiff’s Decedent. Officer Rialmo never gave her any alert or warning that he would be firing his weapon in her direction.

Plaintiff alleged that the forensic evidence showed that Officer Rialmo had created sufficient space between he and Quintonio and he was not in imminent danger of being struck by Quintonio’s bat. Officer Rialmo discharged his firearm at least seven times at Quintonio LeGrier, striking him six times and she sustained a fatal gunshot wound to her chest. The force used by Officer Rialmo against Quintonio LeGrier resulted in Quintonio and Decedent’s death. Plaintiff maintained that the force used against Quintonio LeGrier was not objectively reasonable and was contrary to generally accepted police practices and procedures.

Additionally, Plaintiff argued that Officer Rialmo gave Decedent no opportunity to position herself in a location where she would not be at risk of harm from him firing his weapon. Plaintiff alleged that Officer Rialmo took no steps whatsoever to ensure that Decedent, an innocent person, was not at risk of injury or harm from the firing of his weapon. Plaintiff maintained that the actions of Officer Rialmo contradicted generally accepted police practices and procedures and constituted willful and wanton conduct.

Plaintiff was represented by partner, Larry Rogers Jr., and associate, Jonathan M. Thomas

H. v. Rush University, et al.

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 that was incidentally found in a January MRA for an unrelated condition. Dr. Lopes recommended that H. undergo a neuro-interventional coiling procedure whereby a micro-catheter would be inserted into the femoral artery and advanced through her body and into her skull for purposes of delivering small platinum-coated coils into the aneurysm. 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.

Plaintiff’s alleged that Dr. Lopes negligently performed a procedure beyond that consented by H. Plaintiff’s alleged that Dr. Lopes went beyond the coiling procedure H. consented to when he performed a non-FDA approved coiling & stenting procedure. The stent & coil procedure Dr. Lopes performed involved Dr. Lopes advancing a stiff and rigid steel coronary stent along a stiffer and more rigid guidewire, designed for larger heart vessels, into the left internal carotid artery of H.’s brain. Plaintiff’s alleged that this was a non-FDA approved use of the stent device that was not indicated given that H.’s aneurysm was small (3×5 cm), asymptomatic and unruptured. Dr. Lopes’ use of the stiffer and more rigid guidewire and coronary stent required the application of torque and force to manipulate the devices through the curves of the intracerebral vessels causing the tip of the guidewire to perforate a distal branch of H.’s middle cerebral artery resulting in an intracerebral hemorrhage. Plaintiff’s alleged that there were signs of an intracerebral bleed during the procedure and immediate post-procedure period that Dr. Lopes and the nursing staff failed to recognize. Plaintiff’s alleged that Dr. Demetrius Lopes and Rush University spoiled evidence of the bleed when 12 of 19 angiography runs from the procedure were not produced and had not been saved on the system’s hard drive.

R. v. Seadog Ventures, Inc., et al.

On October 12, 1997, R. was run over by a commercial boat named the Sea Dog, near Oak Street Beach in Chicago, Illinois. It was almost six weeks after the swimming season was over and the beaches were closed.

The plaintiffs argued the vessel came too close to shore, failed to keep a proper look-out and that the defendant failed to properly train its captains in the rules of the U.S. Coast Guard as well as its own rules.

The defense argued that with the swimming season over and the Chicago beaches had been closed for almost six weeks it was unforeseeable that there would be a swimmer in the water over fifty yards from shore, with a 60 degree water temperature, three to five foot waves and a small craft advisory. A Chicago Park District rule prohibits swimming over 50 yards off shore.

Prior to the trial commencing the defendants offered $3,000,000.00. During jury selection the defendants offered $5,000,0000.00. It was suggested the offer would never exceed that amount which was equal to the largest amount ever awarded for a below the knee amputation. After opening statements and after three witnesses testified for the plaintiffs the defendants increased their offer to $6,500,000.00. This was the figure the trial judge recommended to settle the case. These offers were rejected by the plaintiffs.

Jury Verdict: $13,500,000.00

Reduced 20%: $10,800,000.00

S. v. Ravenswood Hospital Medical Center, et al.

As a result of a shooting, S., a minor, sustained a puncture to his aorta, mesenteric vein as well as the colon. He walked as far as he could on to Ravenswood Hospital Medical Center property. S. was within fifty (50) feet of the Ravenswood Hospital door, when security of Ravenswood Hospital was notified of his need of assistance. A nurse employed by Ravenswood Hospital opted to leave Christopher untreated, as their policy was not to go outside the hospital building to assist the injured. He was left to bleed from these injuries for approximately 25 minutes and after he had been transported to the Emergency Room by the police officers he had a barely palpable pulse. Within two minutes of arriving in the Emergency Room he arrested.

This is the record settlement in Illinois for the wrongful death of a minor involving hospital negligence.

The Village of Tinley Park Police Department conducted a narcotics sting operation at a local Target parking lot. The officer initiated the sting by pulling his vehicle behind the individual’s parked car and activated his lights. In response to this, the individual pulled his vehicle through an open parking space, striking Plaintiff’s vehicle and then striking Plaintiff, before speeding away. Plaintiff’s son was in the area where the collision took place. Plaintiff alleged that the Tinley Park Police department conducted a narcotics sting operation with minimal planning and then continued with its operation even after learning that their target’s vehicle was the subject of an aggravated vehicular carjacking. Co-counsel with Jonathan M. Thomas.

C. v. Union Pacific Railroad Co., et al.

Trucking: A 71 year old African-American man was injured on July 25, 1995 when a semi-tractor trailer owned by Chicago & Northwestern Railway Co. and Union Pacific Railroad Co. pulled from a stop sign at a T-intersection in Northlake in front of a truck traveling eastbound in which plaintiff was a passenger. He suffered a spinal cord injury which left him with incomplete paralysis in his arms and legs.

Jury Verdict: $10,430,617.92

Offer before trial: $1,600,000.00

Calbert v. Advocate Healthcare, et al

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 lien, there was a false read 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 necessitating amputation of his left arm and all of his toes.

Co-counsel with Larry R. Rogers, Sr., and Larry R. Rogers, Jr.

(2014) Medical malpractice. On September 4, 2007, Plaintiff presented to Advocate South Suburban Hospital after experiencing several days of diarrhea. He was admitted and taken to surgery on September 15th and during the surgery, he was administered the vasopressor medication Levophed for a drop in his blood pressure. Post-operatively, a consulting cardiologist ordered that the Levophed be weaned off and he be given Neosynephrine if his systolic blood pressure dropped below 100. Plaintiffs maintained that from September 15 – 17, the ICU nursing staff failed to perform dynamic response testing on the arterial line that was being used to evaluate Plaintiff’s blood pressure and as a result it was falsely reading systolic blood pressures below 100 when his true blood pressures were higher. As a result the nursing staff was administering maximum doses of vasopressors when he needed little if any. The excessive vasopressors caused vasoconstriction in his blood vessels and poor perfusion to his extremities causing them to become ischemic from lack of blood flow. As a result of the poor perfusion caused by the vasopressors, Plaintiff ‘s left hand, and the toes on both of his feet became ischemic, necrotic, gangrenous and needed to be amputated. The defense maintained that Plaintiff was a very sick man who was in septic shock with 5 system multi-organ failure and the poor perfusion was the result of a coagulopathy cascade caused by the sepsis and the body’s native shunting of blood to vital organs for survival. The defense maintained that Plaintiff desperately needed the vasopressors to survive his life threatening condition and but for the high doses of vasopressors, he would have died.

Power Rogers Attorneys Larry R. Rogers Jr. and Jonathan M. Thomas secured a $10M settlement on behalf of a man who was shot in the back and paralyzed by a Chicago Police Officer in 2012. Prior to the settlement, officers involved in the encounter claimed the Plaintiff had pointed a firearm at an officer, and were honored by the City of Chicago for their heroic efforts. However, an investigation revealed that while the Plaintiff did have a firearm on his person at the time of the incident, there were no fingerprints on the gun, and no bullet chambered.

A $10,000,000.00 settlement was approved by the City Council of the City of Chicago on Wednesday, February 19, 2020 to compensate Plaintiff for the life-altering injuries he sustained as a result of the willful and wanton conduct of the City of Chicago’s Police Department, and specifically the same officers who received awards for their conduct in 2013.

Medical Malpractice: The mother of the deceased minor child delivered twins at 34 weeks at MacNeal Hospital by C-section. D., one of the twins, was diagnosed with a respiratory problem known as esophageal atresia with lower tracheoesophageal fistula. They diagnosed the condition on 11/15/06, ran tests on 11/16/06 and told family that on 11/17/06 they were going to attempt to reattach the esophagus to the stomach and address a fistula between the esophagus and lung. The family was told it would be 2-3 hours surgery, but after waiting 6 hours, they still had not heard anything. Finally they were told the problem was more difficult than anticipated and that they were waiting a specialist. Plaintiff’s investigation revealed that in fact a medical error occurred during the procedure. Instead of incising the fistula as intended, the surgeon transected the child’s bronchial tube to the lung and caused the lung to collapse. After the surgery, the child was on a ventilator and hospitalized until he ultimately died from his injuries.

Wrongful Death/Medical Malpractice: (2022 – Cook County) 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.

M.A. v. Woodharbor Millworks, et al.

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.

Verdict as lead trial counsel on behalf of the wife and children of a 49-year-old man who died as a result of the negligent failure to review his known and documented medical history of deep vein thrombosis and pulmonary embolism. That negligence resulted in the patient not receiving life-saving anti-coagulants resulting in the gentleman developing a new onset of deep vein thrombosis, experiencing a pulmonary embolism and dying two days later. (2007)

Defense: Denied that standard of care required anticoagulants, denied that patient was at risk of suffering a pulmonary embolism, denied that prescribing anti-coagulants would have made a difference and, and denied degree of loss to family.

VERDICT: $7 Million

Settlement Demand: $3 Million

Settlement Offer: $1.2 Million

In the early morning hours of September 19, 2018, officers at the Lake County Jail observed detainee decedent, lying on the cold floor in his cell. He was shivering and appeared to be experiencing a mental or physical health crisis. The officers attempted to contact deft, a nurse and an employee of staffing agency. Allegedly, deft failed to timely respond to the phone call. He died as a result of being deprived of necessary medical attention.   The autopsy report indicated that he died as a result of hypothermia.

T.R. v. Chicago Area Hospital

(2019) Medical Malpractice: On February 2, 2016, 52 year old T.R. arrived at a Chicago area hospital around 5:00 pm with pain in her knee and no feeling in her foot. T.R. was brought to the emergency room by EMS paramedics after she slipped and fell on a patch of ice, complaining of an injury to her right leg causing 10/10 pain in the knee and limited range of motion in that leg. At 6:01 p.m., x-rays were ordered due to “concern for fracture/dislocation” with “pain in the knee and ankle.” Ultimately, these x-rays revealed left distal medial femoral fracture and T.R. was medicated with Morphine. Throughout the night T.R.’s chief complaint was right hip and right leg and loss of feeling her foot and calf.

At no point did the emergency room orders address popliteal artery injury nor acute compartment syndrome. The x-rays questioned the possibility of an acute fracture of the medial epicondyle of the distal right femur. A fracture in this location is in close anatomic proximity to the popliteal artery (and vein) and would be a potential source for disruption of this vessel. Despite the potential fracture, no evidence for fracture immobilization was found prior to 1:32 a.m. the following morning.

At 11:19 p.m. the Hospital began to prepare T.R. for discharge. T.R. continued to complain of lack of feeling in her foot and calf and inability to walk. Another doctor examined T.R. and noted “patient with a left distal medial femoral fracture adjacent to the prosthesis and will discuss with Orthopedic.” Again, the notes and orders did not address popliteal artery injury nor acute compartment syndrome. T.R. continued to complain of right leg swelling and that she was not able to move her right toes. At 2:03 a.m. T.R. had decreased foot sensation and faint distal pulse, at that point there began to be concern for compartment syndrome. At 2:06 a.m., T.R. was examined and found the right lower extremity swollen and firm, the dorsum of the foot was cool with faint DP pulse, and complaining of inability to move toes and with numb sensation. The medical records identify a “Concern for compartment syndrome. Consult to Ortho for eval”. At 2:26 a.m., orthopedics was consulted to rule out compartment syndrome and immediately requested a vascular surgery consult due to T.R.’s posterior knee subluxation and vascular injury, now with compartment syndrome. At 2:45 a.m., vascular surgery assessed T.R. and recommended emergent revascularization, she was taken into surgery and was diagnosed with an acute right lower extremity ischemia with resultant right popliteal artery injury.

T.R. underwent an emergent right superficial femoral artery-to-posterior tibial-artery bypass and four-compartment fasciotomy of the right lower leg. For the next year T.R. underwent multiple debridements and surgical procedures in efforts to save her leg. However, T.R. continued to have persistent leg pain. Ultimately, on April 5, 2017, T.R. underwent right above the knee amputation.

Plaintiff alleged that the emergency room physicians were required to monitor for and rule out popliteal artery injury with occlusion and compartment syndrome based upon the mechanism of injury and signs and symptoms that T.R. presented with.

Plaintiff was represented by partner, Larry Rogers Jr., and associates, Jonathan M. Thomas

Estate of J.T. v. M.C.

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.

This is the highest reported settlement in Kankakee County.

E.W. v. Central Illinois Area Hospital

(2018) Medical Negligence: On December 23, 2012, 30-year old Plaintiff delivered her son, she and her son remained hospitalized until December 25th, at which time they were discharged. Almost two weeks later, On January 6, 2013 at approximately 10:42 a.m., Plaintiff presented to an area Hospital with complaints of chest and back pain, and her documented pain intensity was a 15 on a 1-10 scale. She was examined in the Emergency Department and her preliminary assessment and evaluation was for cardiac work-up. Multiple tests were performed which showed no abnormalities, a CT scan was ordered exclusively to evaluate the lungs for pulmonary embolism as opposed to the aorta for injury. She was diagnosed with “intractable chest pain – non-cardiac related.” She continued to have complaints of severe chest pain over the next several hours; the pain was not relieved with analgesic therapy.

Upon admission at 3:16 p.m. she was reporting 15/10 pain and crying from the pain. Her admitting diagnoses at 3:27 p.m. were chest pain-intractable-non-cardiac related, hiatal hernia and s/p normal spontaneous vaginal delivery. She had continued complaints of severe substernal/epigastric pain with the intensity level a 10/10.

She continued to experience severe chest pain for several hours that went undiagnosed, untested, and untreated by the Defendants. Later that evening, she was found slumped over in bed and unresponsive. Resuscitative measures were ultimately unsuccessful and she was pronounced dead at 8:12 p.m. A postmortem examination revealed that she died of a hemothorax due to a laceration of the aorta.

Given the Plaintiff’s complaints of sudden, sharp, severe, chest pain that was non-to-minimally responsive to analgesic therapy, there should have been a high index of suspicion for an aortic abnormality and the Defendant physicians should have included such a condition in their differential diagnosis.

The Plaintiff was married and the mother to two daughters and a son.

Plaintiff was represented by partner, Larry Rogers Jr., and associate, Jonathan M. Thomas

Decedent was a resident of James Sneider Apartments.  From May 8, 2022 through May 14, 2022, they operated the heating system at the building during abnormally warm weather in Chicago, causing temperatures in the apartments to reach over 103 degrees.  Despite management days of complaints and high temperatures, building management did not turn off the heat nor turn it down.  

Decedent, a 21 y/o male, was jaywalking across North Avenue when a truck driven by truck driver with a wide load came into contact with  DF when it clipped him with one or more portions of the crane it was hauling which was protruding out from the side of the trailer, causing him to be flipped into the air and  run over by the back tires on the driver’s side of the aforementioned trailer.  Plaintiff alleged the tractor trailer operator was hauling a wide load which was not properly marked with flags and placards and failed to yield to a pedestrian. Co-counsel with James I. Power.

Death of a pedestrian who was clipped by a crane mounted on a truck and run over by its rear tires while crossing North Avenue in Chicago. Tractor-trailer was not properly marked with required flags and placards.

S. v. City of Chicago

(2009) Transportation Negligence: The plaintiff’s decedent died when he was struck by a METRA train at a railroad crossing at 111th Street. Plaintiff alleged that the traffic control system did not function properly and authorized and directed the decedent to make a right turn onto the tracks when unbeknownst to him, a 60+ mph METRA train was approaching. Lead Counsel, Larry R. Rogers, Jr.

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.

Mother had uncomplicated prenatal course, and reaching full-term, baby. was born severely depressed and soon after birth was diagnosed with hypoxic ischemic encephalopathy and profound brain damage.  E.B. lived with profound and extensive physical and mental injuries up to his death on September 11, 2019, at the age of 13 ½ months.

P. v. MacNeal, et al.

(2011) Medical Negligence: A woman underwent bariatric surgery for weight loss. Following the procedure, her clinician failed to identify signs and symptoms of infection associated with a failed anastomosis. The Plaintiff almost died as a result of developing sepsis but recovered with minimal mental deficits following exploratory surgery and repair of the gastric leak. Lead Counsel, Larry R. Rogers, Jr.

D. v. CTA.

(2011) Motor vehicle Collision: Plaintiff’s decedent was killed when a CTA bus failed to yield and made a left turn into a bus turnabout in front of the decedent as he operated his motorcycle northbound, allegedly at a high rate of speed. Lead Counsel, Larry R. Rogers, Jr.

Decedent was admitted to an undisclosed medical facility on 7/2/2015 while a patient on 7/6/2015 and under the care and treatment of physicians and staff at local hospital, decedent was found unresponsive with a significant amount of down time by medical personnel.   Unfortunately, as being resuscitated, the decedent did not regain consciousness and was transferred to an extended care facility with a diagnosis of acute systolic heart failure, cardiac arrest, and severe hypoxic brain injury.  He died of his injuries on November 10, 2017.

On Tuesday, June 21, 2022 GMC Acadia sport utility vehicle, driven by defendant, was northbound on Illinois State Highway 394 (IL-394) approaching the Interstate I-94 interchange merge. At the same time, a silver 2016 Nissan Versa was disabled and parked in the interchange gore (painted median) between IL-394 and I-94 with its emergency hazard lights flashing. Its driver, the decedent, was sitting in the driver’s seat, waiting for a tow truck to remove the Nissan from the road. The GMC crossed out of the through traffic lane to the right into the gore. There it rear-ended the Nissan. After impact, both vehicles traveled northwest and stopped, blocking the northbound I-94 lanes of traffic. Co-counsel with Jonathan M. Thomas.

The case arises out of a wrongful death cause of action which alleges that physicians who treated plaintiff after he underwent a cervical C3-C6 laminectomy and fusion on May 11, 2018.   Thereafter on May 25th, he was noted to be hypotensive, the resuscitation team was called to the bedside, hes was intubated, and after intubation, he was unable to move or feel his arms and legs extremities.    He succumbed to his injuries and died on October 24, 2018 of complications.

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.

D. v. University of Chicago Hospitals

(2016) Medical malpractice/wrongful death: In June of 2014, Decedent was treated at the University of Chicago Medical Center’s emergency room and was discharged without being informed that she had a mass in her right lung. 9 months later, in March of 2015, Decedent was diagnosed with a large right lung mass and ultimately died on July 28, 2015 at the age of 80. Decedent is survived by her husband and three adult children.

This cause of action related to brachial plexus nerve injuries suffered by the minor at birth.   Plaintiff alleges that a shoulder dystocia existed at the time of birth, which the delivering physicians failed to recognize and therefore applied excessive, downward traction of the minor’s head, causing permanent stretch and tear injuries to the nerves of her brachial plexus.  Plaintiff further alleged that had the shoulder dystocia been properly recognized, maneuvers to relieve the shoulder dystocia would have been applied and the dystocia relieved without any injury to her. Co-counsel with Kathryn L. Conway.

Medical Malpractice/ Wrongful Death: 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

S.W. v. F.M.C.L.

Larry Rogers, Jr. and James Power secured a $2,000,000.00 settlement on behalf of their client when his primary care physician failed to perform appropriate testing for prostate cancer. S.W. was a patient of F.M.C.L. and was seen by the doctors at the facility for primary care purposes. S.W. advised the doctors at F.M.C.L. that he had a family history of prostate cancer when he saw them for a physical, and as a result of that information, the doctors at F.M.C.L. began monitoring his for possible prostate cancer. However, at a subsequent physical, no PSA testing or other prostate specific checks were undertaken by the Doctor’s, and as a result, S.W.’s prostate cancer was not caught prior to it spreading throughout his body.

Decedent was fatal shot when her former fiancé unexpectedly appeared at her place of employment, and confronts her in the parking lot and shot and killed her on November 19, 2018. Co-counsel with James I. Power

Pltf. underwent removal and replacement of a recalled cardiac device at Chicagoland Teaching Center.  On the same day and before he left the hospital premises, he reported a problem with the device and/or its home monitoring system to his healthcare providers.  The following day, he collapsed at home and was taken by ambulance to St. Bernard Hospital, where he was treated but succumbed to his injuries and died

Decedent with a history of atrial fibrillation on prescription Eloquis underwent a surveillance colonoscopy on June 20, 2016 and was discharged.  Post-operative day 1, she had evidence of bleeding and the next day she returned with complaints of rectal bleeding  She was noted to have prematurely restarted her eloquis.  She was stabilized and was again discharged. On June 24, 2016, she represented to the emergency room at a Chicago hospital with bright red rectal bleeding and lightheadedness and was found to be hypotensive with a hemoglobin level on 7.1 →6.3.  Blood transfusions were administered, a repeat colonoscopy was performed on June 25, 2016 which found that the bleeding to be from the polypectomy bed.  Three clips were placed, however she course was further complicated by a troponin leak secondary to strain and atrial fibrillation with rapid ventricular response in the setting of anemia due to recent GI bleed post-colonoscopy.  She  developed heart failure, cardiogenic shock, asystole and ultimately died on June 27, 2016.

Medical Malpractice/ Wrongful Death: 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.

Mayhorn v. City of Chicago

Wrongful death verdict. On March 10, 2009, Matthias Mayhorn was at his home when 2 plain clothes 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 2nd 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 2nd 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.

Wrongful death and abuse settlement.  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.

Decedent’s treating physician ordered decedent to undergo an EKG and on October 7, 2016 the EKG was in fact abnormal with ST & T wave abnormalities. The clinician misdiagnosed and misinterpreted the EKG as indeterminate.   The abnormal EKG results of the type resulted on October 7, 2016 need to be followed up on with an immediate and urgent cardiac work-up to include a stress test and evaluation by a cardiologist on an emergency basis.  Defendant did not offer an emergency work-up of the abnormal EKG and LG died on October 12, 2016. 

D.G. v. A.H.H.C. & M.O.

Larry Rogers, Jr. and James Power secured a $1,250,000.00 settlement on behalf of a family who’s mother passed away following her doctor’s failure to recognize a cardiac condition following orthopedic surgery.

John Doe, a disabled person, by and through his parents Jane Doe and John Doe II, v. The Board of Education of the City of Chicago (Cook County)

Sexual assault settlement.  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 Does’ 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.