(2020) Medical Malpractice: Plaintiff’s Decedent, a 40-year-old, passed away from non-small cell lung cancer. Two and a half years prior, a cavitary lesion in the left lung had been identified on CT as an incidental finding. A year later, another CT was performed which identified “interval resolution” of the cavitary lesion. Plaintiff contended that this second interpretation was professionally negligent and that in reality, the lesion was larger and more solid in composition as compared to the year prior. Defendant contended that the interpretation was not negligent and further contended that individuals with metastatic disease, due to their genetic makeup, are metastatic years before diagnosis such that earlier diagnosis and treatment would not have changed the outcome. The Decedent is survived by his wife and two children.

M. v. Northwestern Medical Foundation, et al.

On or about 4/20/02 a chest x-ray of the left lung was read by Dr. Wiggins as normal. Dr. Kirby saw something suspicious in the upper left quadrant of the lung and called another radiologist who also read the film as normal. No physician followed up nor advised M., a law professor, of possible abnormalities despite thirteen (13) subsequent visits to Dr. Kirby. On or about April 29, 2003, lung cancer was finally diagnosed from a follow-up x-ray. The lesion grew from one (1) centimeter to 6 x 9 centimeters and metastasized to other parts of her body. She died on April 11, 2004. M. died from the undiagnosed lung cancer with a delay in treatment of over one year. The lung cancer went from non-metastatic and curable to metastatic and non-curable due to the delay.

B. v. Unnamed hospital

(2005) Medical malpractice. An 8 1/2-year-old boy suffers cardio pulmonary arrest in the operative suit during a tendon release procedures resulting in braining damage. Prior to the procedure, the minor plaintiff was severely mentally disabled.

A.K. v. Film Production Company (2018)

Joseph Power and James Power secured a $6,500,000.00 settlement on behalf of their client who was injured on set during movie production. A.K. was working as an extra on a movie set performing acrobatic stunts during various scenes. During one said scene, A.K. landed awkwardly on his neck, resulting in paraplegia. Through thorough analyzation of the available video, as well as discussions with the various actors and extras that were on site at the time, it was shown that A.K.’s fall was the result of the way in which the scene had been marked off, as well as the actor’s own improvisation as to where he was to be standing while A.K. and others performed the stunts. As a result, the production company agreed to pay the limits of their insurance policies in order to settle A.K.’s suit.

L.T. v. Cook County Stroger Hospital

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.

A. v. Advocate Health and Hospitals corporation, etc., et al.

This case involves a minor Plaintiff who fell at school in gym class and struck the back of his head on a tile floor. A. was transported from school to Olympia Fields Hospital and transferred within a few hours to Advocate Hope Children’s Hospital to receive pediatric intensive care unit monitoring and management. While at Advocate from 2:45 p.m. on December 16, 1999 until his death at 9:26 a.m. on December 18, 1999, A. did not receive a CT scan until 10:15 p.m. on December 17th. The CT scan performed at 10:15 p.m. was ordered to be done in the a.m. on the 17th. Plaintiffs alleged that there was a failure to obtain a CT scan as ordered. After obtaining the image in the late evening of December 17th, no radiologist or other physician interpreted that scan until after A. suffered a respiratory arrest at 4:30 in the morning on December 18, 1999. The scan taken in the evening of December 17th revealed a fracture of his skull in the occipital bone, a right frontal lobe hematoma and brain swelling. A. suffered an arrest on the December 18th as a result of increasing intracranial pressure and brain herniation.

(2024 – Cook County)

(2024) Medical Malpractice: 57-year-old male presented to a Chicago area hospital for an elective urologic procedure. Hours after the procedure, a rapid respiratory response was called. Plaintiff alleged a failure to work-up, diagnose, and treat pulmonary embolism by increasing heparin therapy from prophylactic to therapeutic dosing. After a brief stay in the ICU, a few hospital days were spent on the general medical floor where a Code occurred, however, death was pronounced. An autopsy revealed a saddle pulmonary embolus and a clot in one lung lobe. The decedent is survived by his wife and three children.

E.K., As Mother and Next Friend of E.M., her minor daughter v. A Local Pediatric Hospital

(2020) Medical Malpractice: Three-year-old girl presented to a local pediatric hospital to undergo surgery for the removal of what was believed to be a cholesteatoma which was affecting left-sided hearing (conductive hearing). The next day she underwent a second surgery to repair physician-caused injury to facial nerve. The ENT in charge of the surgery failed to recognize that the mass was not a cholesteatoma and proceeded to explore the area causing the facial nerve damage. As a consequence, the minor now will need a Baha hearing aid affixed to her skull and has lost the real opportunity to hear on the affected side. She also has permanent facial paralysis resulting in asymmetry of her face, eyes, eyebrow, and smile.

C. v. Rush Presbyterian – St. Luke’s Medical Center, et al.

C. underwent knee surgery on March 8, 2002. After the surgery he was given full strength Fentanyl/Bupivacaine and Cloridine by epidural for pain. He remained uncomfortable so the epidural was pulled and he was started on Morphine. Thereafter the epidural position was reconfirmed and he was restarted on Fentanyl/Bupivacaine and Cloridine as well as the Morphine. At approximately 1:00 a.m. the attending physician noted the patient was comfortable, sleeping but easily arousable. At 4:00 a.m., a nurse, while administering antibiotics, noted that Plaintiff was pale and unresponsive with his pulse rate dropping from 20 to 0. He was in asystole and a Code was called and CPR commenced.

Plaintiff contends that the pain medicines administered were respiratory depressants which led to a respiratory arrest and hypoxic anoxic brain damage. Under the circumstances an apnea monitor and oximeter were required by the standard of care to prevent a respiratory arrest. This brain damage ultimately led to his death six days later, on March 14, 2002.

M. v. S&Z Development Co., et al.

A 29-year old carpenter, fell through a skylight hole 38-feet to his death while erecting a skylight on a penthouse roof at the Eugenie Terrace Development. This was the largest verdict for a wrongful death of a tradesman in Illinois. It is also the largest wrongful death verdict under the Structural Work Act in Illinois history. The decedent left a wife and a 5-year old son.