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$5M

Settlement

Result: $5 Million – Medical Malpractice
Joseph W. Balesteri

L.S. v. Susan Ruda, et al.

(2016) Medical Malpractice: 58 year old female underwent a total left knee replacement procedure at a suburban hospital. Post procedure arterial insufficiency was not recognized until three days later. L.S. was transferred to Northwestern Memorial Hospital where it was discovered that the popliteal artery and popliteal vein had been transected during the knee replacement surgery. It was too late to repair the damage and an above knee amputation resulted. Co-counsel with Joseph A. Power, Jr.

Medical Malpractice

$5M

Settlement

$5 Million Settlement - Medical Malpractice
Kathryn L. Conway

J.D. v. Undisclosed Hospital

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.

Medical Malpractice

$5M

Settlement

Result: $5 Million - Medical Malpractice
Thomas M. Power Joseph W. Balesteri

In December 2005, Mr. Power obtained a $5,000,000.00 settlement on behalf of the Estate of a 52-year-old man who was a beloved English teacher and swim coach at an elite school despite being a quadriplegic for over 30 years. The man was discharged from the ER with a diagnosis of gastroenteritis, when in fact he had a perforated ulcer, which would have been detected had the staff employed additional diagnostic tools given his state as a quadriplegic. By the time he returned to the ER approximately 24 hours later, he was septic. He battled the infection for nearly a month before passing. He left a surviving spouse.

Medical Malpractice

$5M

Settlement

Result: $5 Million - Medical Malpractice
Joseph W. Balesteri Kathryn L. Conway

(2023 – Cook County)
M.R. v. Local Medical Group

Medical Malpractice/Wrongful Death: Decedent (24 year-old male) was seen at a local medical group office in May of 2018 for left leg swelling. He was diagnosed with leg swelling, given an order for an ultrasound and an x-ray, and told to follow-up in one week. Four days later, he died from a saddle pulmonary embolism. Plaintiff alleged that decedent was suffering from deep vein thrombosis in his left lower extremity during the medical appointment four days earlier, and that the fatal pulmonary embolism would have been avoided with proper instruction, treatment, and follow-up. The Medical Group argued that Decedent was given an order for the right test, the ultrasound, to diagnose DVT, and that decedent’s failure to follow through on the order was the sole cause of his death. No offer was made prior to trial; after opening statements, the adverse examination of the involved physician, and plaintiff’s experts, the case settled. Decedent was survived by his parents and adult sibling. Co-counsel with Joseph W. Balesteri.

Medical Malpractice

$5M

Verdict

Result: $5 Million – Medical Malpractice
Joseph W. Balesteri

M.S., Individually and as Independent Administrator of the Estate of J.S., Deceased, v. UIC Physician,

(2018) Medical Malpractice: 29-year-old female presented to the University of Illinois Medical Center with headache and confusion. Plaintiffs alleged that she was experiencing thrombotic thrombocytopenic purpura (TTP) with hemolytic uremic syndrome (HUS) which are known conditions associated with her underlying lupus. The neurology service failed to work-up her presentation as Lupus-related and failed to contact her rheumatologist. She was discharged presenting the next day to a different hospital, where she was immediately diagnosed. The delay in treatment resulted in her deterioration and demise. She is survived by her parents and adult sister.

Medical Malpractice

$5M

Verdict

Result: $5 Million – Medical Malpractice
Joseph W. Balesteri

R.R. and A.R. v. A Local Community Hospital, Physicians Group and Physician

(2018) Medical Malpractice: In 2013, 25-year-old male presented to a family practitioner complaining of blood in his stool. He was diagnosed with hemorrhoids and/or possible anal fissures following a hemoccult. About one year later, he re-presented to the family practitioner with similar bleeding complaints and weight loss, low appetite and low energy and again was diagnosed with hemorrhoids and/or possible fissures. No work-up or any additional testing was done. Approximately two years thereafter, he presented to a local hospital’s ER department with abdominal pain. An ultrasound and CT showed liver abnormalities, several large hepatic masses, lymphadenopathy, and rectosigmoid colon thickening. The results were later identified as metastatic cancer of colorectal origin (Stage IV colonic adenocarcinoma). Since his diagnosis, he has undergone chemotherapeutic treatments, radiation therapy, loss of chance of survival and cure.

Result: $5,000,000.00

Medical Malpractice

$5M

Verdict

Result: $5 Million – Medical Malpractice
Joseph W. Balesteri

WD, Individually and as Special Administrator of the Estate of SD, deceased v. Rush North Shore Medical Center

(2011) Medical Malpractice: 59 year old female was provided excessive anticoagulation therapy after double bypass and valve surgery. A symptomatic pericardial effusion followed, however, the effusion was not timely relieved resulting in cardiac tamponade, anoxic brain injury following arrest and her death. SD was survived by her husband and adult daughter. Co-counsel with Joseph A. Power, Jr.

Result: $5,000,000.00

Medical Malpractice

$5M

Verdict

Result: $5 Million – Medical Malpractice
Joseph W. Balesteri

SMW, Administrator of the Estate of MAB, Deceased v. Rush Presbyterian St. Lukes’s Medical Center, et al.

(2006) Medical Malpractice: 65 year old female entered Rush-Presbyterian-St. Luke’s Medical Center for kidney stone surgery. During efforts by the anesthesia service to place the central line into the left internal jugular vein, the carotid artery was punctured. The surgery was cancelled. The guide wire was removed and MAB was monitored in the hospital. Later that day, MAB suffered a subarachnoid hemorrhage, caused by the guide wire used to place the central line. A subarachnoid hemorrhage resulted in permanent brain injury and ultimately in MAB’s death. MAB was survived by four adult children. Co-counsel with Joseph A. Power, Jr.

Result: $5,000,000.00

Medical Malpractice

$5M

Settlement

Result: $5 Million – Medical Malpractice
Joseph W. Balesteri Kathryn L. Conway

B.M. v. Local Community Hospital and ER Physician

B.M. (3 years old) presents to the emergency department with upper respiratory infection symptoms. Rapid flu screen was positive for the Influenza A virus. Procalcitonin was elevated but the abnormal result returned after discharge. Follow-up with mom at home directed by the ER MD did not include returning to emergency department for testing or antibiotic coverage for bacterial infection because the minor was acting normal. Four days later, B.M. coded at home and was later pronounced. Autopsy identified bacterial infection of blood, lungs, and spleen. B.M. is survived by his parents and younger brother. Co-counsel with Kathryn L. Conway.

Medical Malpractice

$4.8M

Settlement

Result: $4.8 Million – Medical Malpractice
Joseph W. Balesteri Carolyn S. Daley

N. A., as Independent Administrator of the Estate of R. R., Deceased v. Northwestern Memorial Hospital

Medical malpractice settlement. The decedent presented to Northwestern Memorial Hospital for labor and delivery. She was delivered by caesarian section at 10:30 p.m., delivering her first child and the sole heir to this cause of action. The decedent experienced intraoperative and postoperative bleeding and passed away in the early morning hours of November 13, 2012. The defendants failed to properly monitor her labor and delivery, failed to timely perform a caesarian section and failed to timely monitor and treat blood loss following caesarian delivery. The decedent’s sole heir was hours old at the time of her passing.

Medical Malpractice

Setting Records For
Personal Injury Recoveries

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Some of our successes have included recovering $100 million in a wrongful death suit under Illinois accident law. This recovery was the largest personal injury award for a single family in Illinois.

Our Chicago firm has recovered multimillion-dollar personal injury settlements and verdicts under Illinois accident law. Our team of skilled personal injury lawyers puts all of our resources and energy into fighting to win each and every case for our clients. And whether a settlement from a negligent physician or a verdict against a hospital, we always seek the maximum recovery allowable under Illinois accident law.

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