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

MB, Individually and as Administrator of the Estate of MB, Deceased v. Good Samaritan Hospital, et al.,

(2005) Medical Malpractice: 12 year old female died from cardiac tamponade after a central venous catheter, placed following abdominal surgery, caused fluid administration into her pericardial sac.

AA, Individually and as Independent Administrator of the Estate of GLA, a minor, Deceased v. Advocate Hope Children’s Hospital, et al.,

(2005) Medical Malpractice: Nine year old child hospitalized after a fall at school. A CT ordered to be performed in the a.m. the following day was not done until 10:15 p.m. and the CT was not interpreted until after GLA suffered a respiratory arrest at 4:30 the following morning. The CT performed at 10:15 p.m. revealed a fracture of the skull and a subarachnoid hemorrhage. GLA suffered an arrest as a result of increasing intracranial pressure and brain herniation resulting in his death. Co-counsel with Joseph A. Power, Jr.

TB, Individually and as Administrator of the Estate of TB, Deceased v. Sherman Hospital, a corporation, et al.,

(2004) Medical Malpractice: 48 year old female entered Sherman Hospital on an elective basis to treat heart and vascular conditions. She underwent carotid artery surgery and coronary artery stenting which included femoral artery access. Due to a failure to monitor her vital signs, staff of the hospital were unaware of retroperitoneal bleeding from the site where the femoral artery sheath was removed after surgery. TB had an arrest as a result of blood loss resulting in her death.
Result: $6,000,000.00

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.

G. vs. Keyth Security Systems, Inc., et al.

Plaintiff decedents resided in a home in Chicago, Illinois. They installed a security system in their home through Defendant Keyth Security Systems, Inc., that included burglary and fire alarms. A fire erupted in their basement at approximately 2:48 a.m., which sent a signal to Defendant SAI for low temperature. Neither Keyth nor SAI notified the Plaintiff decedents, the fire department nor the police. Plaintiff decedents both died in the bathroom of smoke inhalation trying to escape the fire. When the police and fire department arrived, no alarms were sounding. In the opinion of Plaintiff’s consultants, the alarm system violated the municipal code, and was improperly placed, wired and programmed. In addition, there were significant maintenance issues.

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 8:40am. 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 her 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.

Co-Counsel- April 25, 2002, plaintiff age 58, was a school teacher, with a history of diabetes, high blood pressure, atrial fibrillation and Stage II melanoma, underwent a PET scan due to concern cancer had returned. During the scan, she became short of breath and went into respiratory and then cardiac arrest. Despite successful resuscitation, she was profoundly brain damaged. (2002)

M. v. Northwestern Memorial Hospital

A 53 year old disabled female underwent a planned two-stage neurosurgical procedure to correct a severe thoracic kyphosis. Following the second stage, there was progressive reflex abnormalities and loss of motor function which went unreported to physicians responsible for her care. The delay in communication resulted in a delayed diagnosis and ultimately permanent paraplegia from thoracic spinal cord compression.

U.H. v. Gidwitz

Breach of contract: After a complex trial, a Cook County Judge ordered Ron Gidwitz, Donald Trump’s Illinois finance committee Chairman, to pay his former attorneys $5.7 million in unpaid legal fees. Judge Patrick Foran Lustig ruled that Gidwitz breached his contract with Ungaretti & Harris by refusing to pay fair and reasonable legal fees incurred on his behalf.